Resolution 5085A - NOT ACTED ON - Requiring All Substandard Sidewalks to be Removed and Replaced01/03/06 NOT ACTED ON
RESOLUTION NO.5085A
A RESOLUTION TO REQUIRE ALL SIDEWALKS, NOT ACCEPTED BY THE CITY AND
NOT MEETING THE DESIGN AND CONSTRUCTION STANDARDS OF THE CITY FOR
SIDEWALKS, TO BE REMOVED AND REPLACED WITH SIDEWALKS THAT DO MEET
THESE STANDARDS.
WHEREAS, it is the practice and policy of the City to require the landowner requesting the
subdivision approval from the City to construct requisite public infrastructure within
the subdivision, such as sidewalks, to meet the design and construction standards of
the City; and
WHEREAS, it is in the best interests of the City and its residents that public infrastructure within
the City, including sidewalks, meet the design and construction standards of the City;
and
WHEREAS, during the 2005 construction season the City conducted core sampling of sidewalks
that had been constructed within subdivisions with final plat approval and pursuant to
subdivision improvement agreements and determined that a number of these
sidewalks failed to meet the design and construction standards of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L The City of Kalispell shall not accept public infrastructure, including
sidewalks, which has been constructed pursuant to the terms of a plat
approval and a subdivision improvement agreement that does not meet the
design and construction standards of the City.
SECTION IL Any developer who has constructed a sidewalk that has not been accepted by
the City and for which a bond remains and is shown to be deficient by core
sampling shall either:
a) remove and replace the sidewalk so that it does meet the design and
construction standards of the City; or
b) forfeit the outstanding bond.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17th DAY OF JANUARY, 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk