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Resolution 5403 - Utilities Agreement - US 2 SouthRESOLUTION NO. 5403 A RESOLUTION AUTHORIZING THE CITY MANAGER OF KALISPELL TO EXECUTE UTILITIES AGREEMENT NO. MT 15(85), HIGHWAY PROJECT US 2 SOUTH—KALISPELL, WITH THE STATE OF MONTANA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Montana proposes to construct a public highway to be known as MT 15(85) in Flathead County, State of Montana, and designated as Highway Project US South -Kalispell; and WHEREAS, the public highway to be constructed is over and near the present highway right- of-way known as Kalispell Bypass where certain water and sanitary sewer facilities are in conflict with the construction of the first phase of the Kalispell Bypass, and WHEREAS, the State of Montana and the City of Kalispell agree that it is necessary and in the public interest of all parties that some of the existing utility facilities be adjusted, repaired, replaced, and relocated; and WHEREAS, the State of Montana seeks to enter into an agreement with the City of Kalispell to reimburse the City of Kalispell for certain costs incurred with the relocation of water mains, sewer mains, and appurtenant items in connection with Highway Project US South -Kalispell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. It is hereby resolved by the City Council of the City of Kalispell that Utilities Agreement No. MT 15(85), Highway Project US 2 South - Kalispell, with the State of Montana, acting by and through the Department of Transportation, is approved; and the City Manager of Kalispell is hereby empowered and authorized to execute said Agreement. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS 2ND DAY OF NOVEMBER, 2009. Pamela B. Mayor ATTEST: Theresa White City Clerk