HomeMy WebLinkAbout1991-102
('\
r
('
RESOLUTION NO. 91-102
RESOLUTION TO DEFEND AND
INDEMNIFY THE STATE OF MINNESOTA
WHEREAS, on May 28, 1991, the City Council of the City of
Stillwater enacted resolution number 91-101, a resolution
requesting a variance to MSA standards for the portion of Myrtle
Street from North Third Street to Main Street and,
WHEREAS, after proceedings duly conducted by the Minnesota
Department of Transportation in a proceeding known as a Request
for a Variance S.A.P. 169-104-06 (Myrtle Street) City of
Stillwater, the Commissioner 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 Commissioner a variance from
Minnesota Rule 8820.2500 and 8820.2800 so as to permit a right-
of-way of less than the minimum.
WHEREAS, the variance is conditional upon the receipt by the
State of Minnesota of a resolution that indemnifies and defends
the State of Minnesota against claims arising out of the
variance.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The City Council of the City of Stillwater hereby agrees to
indemnify, save and hold harmless the State of Minnesota and all
of its agents and employees of and 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 reconstruction
of MSA S104 (Myrtle Street) between North Third Street and Main
Street and any other manner, in accordance with Minnesota Rules
8820.2500 and 8820.2800 and further agrees to defend at their
sole cost and expense any action or proceeding commenced for the
purpose of asserting any claim of whatsoever character arising as
a result of the granting of this variance.
Enacted by the City Council of the City of Stillwater this
28th Day of May, 1991.
~~ ~~11~~
Wally brahamson, Mayor
ATTEST:
j,t~ ~~_.~
Mary Lo Johnson, i ty Clerk
1'-:]
.
1;11;11