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HomeMy WebLinkAboutResolution No. 480-04 • RESOLUTION WHEREAS, the City of Rochester proposed to construct a traffic signal on CSAH 22 (55th Street N.W.) at the intersection of TH 52 West Frontage Road/Clearwater Road N.W., on the south line of Section 9 and the north line of Section 16, Township 107 North, Range 14 West, as proposed County State Aid Project Number SAP 159-622-36; and WHEREAS, Minnesota Rules 8820.2800, subp. 2, Plans and Estimates, requires that plans and estimates for each state aid construction project must be submitted for MnDOT review. Each plan must show the subsequent stages required for the completion of the improvement, portions of which maybe covered by later contracts or agreements. Only those projects for which final plans are approved by the state aid engineer before opening bids or approving a force account agreement are eligible for state aid construction funds, except as provided in subpart 8; and WHEREAS, the City of Rochester, Olmsted County and the District State Aid Engineer reviewed and approved the project for county state aid number 159-622-36 on July 7, 2003; and WHEREAS, the City of Rochester obtained a state aid project number SAP 159-131-05 on September 29, 2004; and WHEREAS, the project consultant did not submit the project plans and estimate to *MnDOT for the District State Aid Engineer's approval; and WHEREAS, Minnesota Rules 8820.2800, subp. 8 provides for the City to proceed with construction of the project without State Aid Engineer's approval if a variance request is made by the City. NOW THEREFORE BE IT HEREBY RESOLVED by the Common Council of the City of Rochester that the City hereby requests a variance from MnDOT review and approval of the project plans and estimate as specified in Minnesota Rules 8820.2800 as they apply to the need for review of the City SAP 159-131-05. • r ' . BE IT FURTHER RESOLVED that the City will indemnify, save and hold harmless the State of Minnesota, its agents and employees of and from claims, demands, actions or causes of action arising out of or by reason of the granting of this variance. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 2004. FtE'SIDENf OF SAID COMMON COUNCIL ATTEST: CITY CLERK APPROVED THIS DAY OF 2004. MAYOR OF SAID CITY '(Seal of the City of ..'0','Rochester, Minnesota)- , ',,Res2000\Mndot.vananc'eG4