Montana Code 60-3-303. Shared-use paths to be established — funding
60-3-303. Shared-use paths to be established — funding. (1) (a) Subject to the provisions of subsection (1)(b), the commission or the department or a county or city, with funds received from the commission or the department, may construct or extend a shared-use path:
Terms Used In Montana Code 60-3-303
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- shared-use path: means a multiuse path that is separated from motorized vehicular traffic by an open space, pavement markings, or a barrier within a highway right-of-way and that is usable for transportation purposes by pedestrians, runners, bicyclists, skaters, equestrians, and other nonmotorized users. See Montana Code 60-3-302
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(i)wherever a highway, road, or street is being constructed, reconstructed, or relocated;
(ii)at any time along a highway, road, or street under state jurisdiction; or
(iii)if the construction enhances traffic safety and convenience.
(b)Funds allocated by the department pursuant to 60-3-309 may be used for the purposes described in subsection (1)(a) of this section only as provided in 60-3-309(3).
(2)A shared-use path may not be established under subsection (1):
(a)if the cost of establishing the path is excessively disproportionate to the need or probable use; or
(b)if sparsity of population, other available ways, or other factors indicate an absence of any need for the path.
(3)The commission shall let to contract in any period of 5 consecutive fiscal years not less than an average of $200,000 each year to construct or extend shared-use paths. The department shall establish accounting procedures to document compliance with this subsection.