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85-769 WH17E - GITV CLERK PINK - FINANCE G I TY OF SA I NT PA LT L Council CAIVARV - DEPARTMENT File NO. ��-�� � BLUE - MAVOR 1 Counci Resol tion . Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS , The City of Saint Paul has requested that the Department of Transportation grant a variance from the State' s standards for design of urban roadways for the reconstruction of Ford Parkway from Howell Street to Mississippi River Boulevard; and WHEREAS , The Commissioner of the Department of Transportation has by letter notified the City that the request for a variance has been granted upon condition that the City Council of the City of Saint Paul adopt a resolution indemnifying, saving and holding harmless the State of Minnesota from any claims arising out of the granting of this variance; and WHEREAS , The City has no other option available to it to receive the nariance requested unless it complies with the demands of the Commissioner of the Department of Transportation; now, therefore, be it � RESOLVED, That as the sole condition to receiving a variance from the provisions of State Aid Rules Section 8820. 9912, the Council of the City of Saint Paul does hereby agree 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, actions or causes of actions of any nature or character arising out of or by reason of, in any manner , the reconstruction of CSAH 42 (Ford Parkway) from Howell Street to Mississippi River Boulevard, in any other manner than as a 63-foot street width, 9-foot median with no parking, and a 85-foot street width, 9-foot median and 2 parking lanes, in accordance with the Minnesota Rules Section 8820.3300, 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. COUIVCILM�IV Requested by Department of: ry�/�� Yeas �� Nays � �� L �, Public Works �TEK) 5-�5-85 Masenz [n Favor Nicosia / t.J� �� Scheibel � __ Against BY `� Tedesco Wilson Adopted by Council: Date JUN 6 - 19�5 Form Appr ve by City torne Certified Y•:• Council Secret BY � By t�ppr by Nlavor. Dat • �UN 7 — ��5 Appr v Mayoc for Submissi o 1 B — BY PUBUSNED ���+ 1 � 198� Public Works DEPARTMENT (�-d'S— 7�9 NQ 1200 Thomas E. Kuhfeld � � CONTACT 292-62�� PHONE M�� �5> 1985 DATE 1 �v� �r � ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) : 3 Director of Management/Mayor ' Finance and Management Services Director � City Clerk Budget Director � City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The attached Resolution will cor�ect an error in Council Resolution File 85-180. That Resolution was a hold harmless ciause for the State granting a variance for construction orr FORD PARKWAY from Howell Street to Mississippi River Boulevard. Resolution 85-180 misstated the current Municipai State Aid standard as being a 73 foot wide street and should have read an 85 foot wide street. Except for changing 73 to 85 in the last paragraph of the Resolution, the new Resolution is identical to the old. There is no change in the prioposed width of construction. COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: RECEtVED Nane. RECEiVED MAY 2 3 19�5 a� ` � � �� MAy 2 4 ��5 CITY ATTORNEY � `� MAYOR'S OrF10E FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: N/A quired if under $10,00Q) Funding Source: Activity Number: AT1'ACHMENTS (List and Number All Attachments) : Council Resolution DEP��ARTMENT REVIEW CITY ATTORNEY REVIEW X ''Yes No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? Insurance Sufficient? Yes No Yes X No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84