04. Resolution 4196 - Meridian and Idaho Street ImprovementsRESOLUTION NO. 4196
A RESOLUTION ADOPTING A CONSTRUCTION AGREEMENT KNOWN AS FEDERAL AID
PROJECT NO. STPHS 1-2(77)120, BY AND BETWEEN THE STATE OF MONTANA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, AND THE
CITY OF KALISPELL, A MONTANA MUNICIPAL CORPORATION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY COUNCIL
OF THE CITY OF KALISPELL.
It is hereby resolved by the City Council of the City of
Kalispell that the City Agreement of Federal Aid Project No. STPHS
1-2(77)120 (over and upon the intersection of Idaho Street and
Meridian Road), with the State of Montana, acting by and through
the Department of Highways, is adopted by this Council; and the
Mayor of Kalispell is hereby empowered and authorized to execute
said Agreement on behalf of the Council of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1995.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
CITY
CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into, by and between the State of Montana, acting
by and through its Department of Transportation, hereinafter called the State, and the City of
Kalispell, a Montana municipal corporation, hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, the State proposes to construct and/or reconstruct a certain highway
in and through the City, said construction being known as Federal Aid Project No.
STPHS 1-2(77)120, and
WHEREAS, said construction will be over and upon the intersection of Idaho Street and
Meridian Road.
WHEREAS, the State is desirous of receiving Federal funds for said construction of said
highway, and
WHEREAS, the Federal Highway Administration of the U. S. Department of Trans-
portation will not participate in the construction of said street (avenue) until and unless the City
will agree to certain conditions, hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the State and
Federal Highway Administration before the work contemplated can be awarded to contract, and
WHEREAS, the City, under the provisions of Section 60-2-111, MCA, hereby concurs
in the designation of the above -designated highway, and
WHEREAS, the City is desirous of having said construction done, the City deeming such
construction to be a valuable and beneficial consideration,
NOW, THEREFORE, for and in consideration of the premises and of the covenants herein
contained, the parties hereto agree as follows:
(1) That the City agrees to conform in all manners and respects to Chapter 8 of Title
61, MCA, and has, or will adopt as a part of its ordinances, all of the provisions of the Uniform
Traffic Code as outlined in Chapter 8 of Title 61, MCA, with specific reference, but not limited
to the following matters:
(a) That the City will not pass any ordinances or laws establishing a speed
limit less than twenty-five (25) miles per hour in any urban district, as defined in Section
61-1-410, MCA, on the above -mentioned street (avenue).
Rev. 4-15-85
Further, that the City will not establish a speed limit of less than thirty-five (35)
miles per hour outside an urban district as defined in Section 61-4-410, MCA, on the above -
mentioned street (avenue); and
The City will modify or alter such established speed limits on the above -mentioned
street (avenue) after a traffic and engineering investigation at the request of the State.
(b) That the City will not erect any sign, signal or traffic control device that will give
preference to local routes which intersect with the above -mentioned street (avenue); and no sign,
signal or traffic control device will be erected or constructed nor shall the establishment or
modification of any speed zone, parking regulation or traffic marking which will affect traffic on
the above -mentioned street (avenue) be made without express written permission of the State and
then only after proper traffic and engineering study indicates that such a sign, signal or traffic
control device is required; and
Further, such said sign, signal or traffic control device shall be erected or
constructed in accordance with the "Manual on Uniform Traffic Control Devices for Streets and
Highways," and subsequent amendments thereto.
(c) That the City will not erect any lighting on above -mentioned street (avenue)
without express written permission of the State and then only after proper traffic and engineering
study indicates that such lighting devices are required; and
Further, that plans for such lighting installation shall be approved by the State
before erection.
(d) For lighting projects inside of incorporated municipalities, the cost of operation
and maintenance of the lighting shall be paid by the State; however, where an existing lighting
district, which is paid for by a city, town or special improvement district, is replaced or upgraded,
the city, town or special improvement district shall continue paying the amount of the previous
payments toward the cost of operation and maintenance of the new or revised lighting system.
If and when the cost of energy or maintenance is raised by the utility company, the city, town
or special improvement district shall pay their proportionate share of the rate increase.
(e) That the City shall require the stopping of all traffic at all intersecting streets,
alleys and driveways before entering the above -mentioned street (avenue), and where the City
considers that such traffic control creates a hazardous situation, they will request a traffic and
engineering study by the State, and that the State, after such a study, may authorize express
written modifications in the traffic control devices as may be in the public interest from a safety
and convenience standpoint.
(f) That the City has or will pass the necessary ordinances or laws to require parallel
parking on the above -mentioned street (avenue); and
That the City has or will pass the necessary ordinances or laws to forbid stopping,
standing or parking a vehicle on a sidewalk, in front of a public or private driveway, within an
intersection, on a crosswalk, or within twenty (20) feet of a crosswalk on the above -mentioned
2 Rev. 4-15-85
IN WITNESS WHEREOF, the Director of Transportation or his authorized representative
has hereunto subscribed his name on behalf of the State of Montana and the Mayor of the City
of Kalispell on behalf of said City of Kalispell, has subscribed his name and affixed hereto the
seal of said City.
DATED this day of , 19!
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Marvin Dye
Director of Transportation
IC
Administrator - Engineering Division
ATTEST:
an
City Clerk
Mayor
CITY OF KALISPELL
I, , Clerk of the City of Kalispell, do hereby
certify that the above -mentioned agreement was regularly adopted by the Council of Kalispell at
a meeting thereof held on the day of , 19�; and that the
Council of Kalispell authorized the Mayor to sign this agreement on behalf of said Council.
(Signature)
rd
Rev. 4-15-85
It is hereby resolved by the Council of Kalispell that the City Agreement of Federal Aid
Project No. STPHS 1-2(77)120 with the State of Montana, acting by and through the Department
of Transportation, is adopted by this Council; and the Mayor of Kalispell is hereby empowered
and authorized to execute said Agreement on behalf of the Council of Kalispell.
DATED this day of 19�
ATTEST:
(Councilman)
(Councilman)
(City Clerk)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
NIAW:D:CP:8.dlm-1
Rev. 4-15-85