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<br />,.;; <br /> <br />~ <br /> <br />RESOLUTION NO. Q4-nSfl <br /> <br />,'," <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />A RESOLUTION INDICATING CITY OF NEW BRIGHTON'S INTENT TO OPT OUT <br />FROM FUTURE OAK GROVE LANDFILL TRUST LITIGATION <br /> <br />WHEREAS, the Oak Grove Landfill Trust is composed of numerous parties including <br />the City of New Brighton; and <br /> <br />WHEREAS, the Oak Grove Landfill Trust was established for the purpose of <br />COllectively working towards the settlement of remediation and legal expenses <br />associated with the remediation of contamination discovered at the Oak Grove <br />Landfill; and <br /> <br />WHEREAS, on March 22, 1994, a consent decree was entered by the U.S. District <br />Court; and <br /> <br />WHEREAS, such decree results in a settlement of the City of New Brighton's direct <br />liability as it pertains to the Oak Grove Landfill clean-up; and <br /> <br />WHEREAS, additional litigation might be entertained by the Oak Grove Landfill Trust <br />against potentially liable parties not involved with the Landfill Trust Agreement; and <br /> <br />WHEREAS, the City of New Brighton does not desire to become involved with this <br />potential legal action; and <br /> <br />WHEREAS, the City of Brighton desires to eliminate any additional legal <br />administrative costs associated with ongoing Oak Grove Landfill Trust litigation <br />efforts. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the City of New Brighton formally <br />indicates its intent to opt out of the contribution action which is planned by the Oak <br />Grove Landfill Trust against non-settling potentially J~ble parties. <br /> <br />Adopted by the City Council this 10th day of Mav , 199'4: <br /> <br />\---..,- <br /> <br />7tf;/? ~ <br />~./I <br />Robert J. BEmke, Mayor \ <br /> <br />~Z~ <br />tthew S. Fulton, City Manager <br /> <br />ATTEST: <br /> <br /> <br />M8r~inanCe Director/City Clerk <br />