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280224 WH17E - CITV CLERK ���22� PINK - FINANCE G I TY OF SA I NT PA U L Council CANARV - DEPARTMENT File NO. BLUE - MAVOR Council esolution . . � . Presented By Referred To Committee: Date Out of Committee By Date Attachment ��1 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 FRONT AVENUE between Dale Street and Western Avenue; 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 variance 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 14 MCAR Section 1.5032 H, 1, C, 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 from any and all claims, demands, actions, or causes of actions of whatsoever nature or character arising out of or by reason of in any manner the reconstruction of FRONT AVENUE from Dale Street to Western Avenue , the said claims arising out of the said construc- tion being in any other manner than as a 46 foot wide curb to curb street in accordance with the Minnesota State Aid Construction Standards to be found in the rules of the Minnesota Department of Transportation 14 MCAR Section 1 .5032, or arising as a result of the Commissioner ' s decision to grant this variance. COUNCILMEIV Requested by Department of: � Yeas Nays � Fletcher Public Works (TEK) �� In Favor Masanz /(� f } NiCOSia ,d �J�`�� � I. sche�bei _ __ Against BY — �ede�eo Wilson Galles qpR 2 6 1983 Form Approved b C' tor y Adopted by Council: Date Certified Ya s y Council Se ry BY By �#pprov hy �a„o�: _ A R 2 8 1983 Appr y Ma r o ub ssi to Council By� - - — B PUBLISHED MNY �( 1983 �8�22� Public Works ART�IENT Thomas E. Kuhfeld rnNTACT . 292-6277 PHONE �� �� April 4, 1983 DATE �v (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Ma�yoral Signature): �-City Attflrr�� �CCEI��'� 3 4 I�g 3 D' ment/Mayor , , ���'�� ! r; ,,�,:? Finance and Management Services Director 4 City Clerk E►1�►"�`�'��' ��`ar��"� Budget Director i�hat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): The State of Minnesota Department of Transportation demands a "hold harmless" resolution as a condition of granting a variance to its Urban Roadway Design Standards. Failure to complq would result in the State withholding payment of Municipal State Aid Funds, the funding source for the affected pro3ects. The attached resolutions comply with this requirement for three separate variance requests: 1. FRONT AVENUE - Dale Street to Western Ave. ; 2. ARLINGTON AVENUE - E. Shore Drive to Hazelwood Street; and 3. LE%INGTON PARKWAY - Minnehaha Avenue to Blair Avenue. Financial , Budgetary and Personnel Impacts Anticipated: None. Funding Source and Fund Activity Nurnber Charged or Credited: None. Attachments (List and Number all Attachments) : Council Resolutions (three attached) DEPARTMENT REVIEW CITY ATTORNEY REVIEW x Yes No Council Resolution Required? Resolution Required? Yes No Yes � No Insurance Required? Insurance Sufficient? Yes No Yes x No Insurance Attached? Revision of October, 1982 (See Reverse Side for 'Instructions)