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96-013
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96-013
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<br />would be determined on the basis of Metropolitan Council estimates for cities in the i u <br />metropolitan area. For communities outside of the metropolitan area the population would be <br />determined by the State Demographer's estimates. For communities with service contracts <br />under which police seNice is provided to other municipalities, the populations of such other <br />municipalities would be included in the computation ofpopulation served. <br /> <br />Section 2. Findings. <br /> <br />2.1. It is in the best interest of the City to reach mutual agreement on the allocation of <br />damages. <br /> <br />2.2. The allocation proposed by the MPRS is found to be fair and reasonable, and <br />consent thereto is in the best interest ofthe City. <br /> <br />Section 3. Approvals and Authorizations. <br /> <br />3. 1. The allocation for payment of damages, penalties, costs, disbursements and <br />attorneys' fees described above is hereby approved. <br /> <br />3.2. The City consents and agrees to payment of its share of such damages, penalties, <br />costs, disbursements and attorneys' fees in accordance with the allocation formula described <br />above. <br /> <br />3.3. The City Manager and Mayor are authorized and directed to make payment for the <br />City's share of final judgment of such expenses in accordance with the agreed upon allocation. <br /> <br />3.4. This resolution does not amend any previous agreement among the defendant cities ' <br />for allocation of defense costs and defendants' attorneys fees; and nothing herein shall be <br />deemed to be an agreement as to allocation of any statutory penalties which may be awarded in <br />the future. <br /> <br />;' <br />" <br /> <br />3.5. This resolution constitutes only an agreement between and among all cities which <br />are defendants in the above referenced actions which consent and agree to the allocation <br />formula described above by adoption of substantially similar resolutions. Nothing herein shall <br />be deemed an admission of responsibility or a liability in any action for contributiol1 by any city <br />which has not consented to such allocation or a waiver by the City of any rights, claims, <br />demands, or causes of action for contribution by the City against any city which has not agreed <br />to such allocation. <br /> <br />.;, <br /> <br />, Adopted by the City Council of the City of New Brighton, this 27th day of February, 1996. <br /> <br />~ <br />Robert 1. Benk ity Mayor <br /> <br />~~ <br /> <br />Matthew S. Fulton, City Manager <br /> <br />,i <br />~ ~ <br /> <br />ATTEST: <br /> <br />\M\t~~ <br />
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