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HomeMy WebLinkAbout1985-113 CCRMember Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 85 -113 1 C RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM ANY CLAIMS RESULTING FROM THE ISSUANCE OF A VARIANCE FROM ESTABLISHED STREET WIDTH STANDARDS AS THEY RELATE TO XERXES AVENUE NORTH FROM NORTHWAY DRIVE TO F.A.I. 94 WHEREAS, the City of Brooklyn Center has petitioned the Commissioner of Transportation for issuance of a variance from existing Minnesota Rules 8820.9919 relating to street width along Xerxes Avenue North between Northway Drive and F.A.I. 94: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that in the event the Commissioner of Transportation issues a variance from Minnesota Rules as herein referenced, the City Council indemnifies, saves, and holds harmless the State of Minnesota and all 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 any reason of, in any manner, the overlay of Xerxes Avenue North from Northway Drive to F.A.I. 94 in any other manner than as a street width of 32 feet with parking on one side in accordance with the Minnesota Rules 8820.9919 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. June 24, 1985 Date ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.