HomeMy WebLinkAbout1995-014
CITY OF STILLWATER
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RESOLUTION Q~_14
DEFENDIl';/G AND INDEMNIFYING THE STATE OF MINNESOTA
MYRTLE STREET CONCRETE PAVEMENT REHABILITATION
CONCRETE WALK AND MANHOLE REPAIR (SAP. 169-104-08)
CITY PROJECT NO. L.I. 307
WHEREAS, on October 18, 1994 . the City Council of the City of Stillwater adopted
resolution Number 94-269 . a resolution requesting a variance from Minnesota State Aid
(MSA) Standards for the portion of Myrtle Street from Owens Street (CSAH 5) to 5th Street; and
WHEREAS, after proceedings duly conducted by the Minnesota Department of Transportation
in a proceeding known as a request for variance S.A.P. 169-104-{)8 (Myrtle Street), City of
Stillwater, the Deputy Commissioner and Chief Engineer of the Minnesota Department of
Transportation ordered that the variance be granted, upon the advice of a variance committee
appointed expressly for the purpose of recommending to the Deputy Commissioner a variance
from Minnesota Rules for State Aid Operations 8820.9945 adopted pursuant to Minnesota
Statutes Chapters 161 and 162, so as to permit existing vertical curves less than the minimum;
and
WHEREAS, the variance is conditional upon the receipt by the State of Minnesota of a resolution
that defends and indemnifies the State of Minnesota against claims arising out of the variance;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
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The City Council of the City of Stillwater hereby agrees to indemnify, save and hold harmless
the State of Minnesota and all its agents and employees from any and all claims, demands,
action or causes of action of any nature or character arising out of or by reason of, in any
manner, the rehabilitation of MSAS 104 (Myrtle Street) from Owens Street (CSAH 5) to 5th Street
and any other manner, in accordance with Minnesota Rules for State Aid Operations 8820.9945
adopted pursuant to Minnesota Statutes Chapters 161 and 162, and further agrees to defend at
their sole cost and expense any action of proceeding commenced for the purpose of asserting any
claim or whatsoever character arising as a result of the granting of this variance.
Adopted by the City Council on January' 17, 1995
STATE OF MINNESOTA)
COUNTY OF WASHINGTON) 55.
The undersigned, being the duly qualified and appointed City Clerk and Mayor of the City of
Stillwater, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of
the Stillwater City Council on January 1J, ~995 with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS our hand officially as such City Clerk and Mayor and the Corporate seal of the City
this 18tli day of January. 1995
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