HomeMy WebLinkAbout1991-011
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RESOLUTION NO" 91-11
Resolution to Defend and
Indemnify the State of Minnesota
WHEREAS, on September 4, 1990, the City Council of the City of
Stillwater enacted resolution number 8359, a resolution requesting a
variance to MSA standards for the portion of West Mulberry Street from
North Fourth Street to North Everett 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" 169-105-01 (Mulberry 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 Rule
8820.9912 so as to permit a design speed of less than the minimum for
six vertical curves; three curve lengths of 50 feet, two curve lengths
of 25 feet and one curve length of 100 feet; instead of the required
minimum of 30 miles per hour and,
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"
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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 Minesota 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 S105 (Mulberry
Street) between North Everett Street and North Fourth Street and any
other manner, in accordance with Minnesota Rules 8820"9912 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 15th
day of January, 1991"
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