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,.' CITY OF NEW BRIGHTON Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of New Brighton, Minnesota was held on the 27th day of June, 1989. The following members were present: Benke, Brandt, Gunderman, Larson, Williams The following members were absent: none *** *** *** Councilmember Williams moved its adoption: introduced the following Resolution and RESOLUTION NO. 89-87 AUTHORIZING THE CITY ATTORNEY TO APPLY TO THE UNITED STATES DISTRICT COURT FOR FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT WHEREAS, the City of New Brighton filed suit against the United States of America, and others (United States District Court for the District of Minnesota - Fourth Division; Civil Action, File Number 3-84 Civil 1110), for recovery of damages to the City's municipal water supply caused by contaminants disposed of at the Twin Cities Army Ammunition Plant and elsewhere; and WHEREAS, the City and the Federal Defendants entered into a Litigation Settlement Agreement and General Release on August 5, 1988, wherein the City recovered damages from the Federal Defen- dants; and WHEREAS, the Litigation Settlement Agreement (Section 7.01) provides that the U.S. Army is to pay all of the City's litiga- tion costs, disbursements, legal, technical, and consultants' fees that are consistent with the Equal Access to Justice Act (28 U.S.C. ~2412); and WHEREAS, the U.S. Army has paid virtually all of the City's litigation costs other than attorneys' fees and, with respect to such fees, has offered to pay substantially less than all; and WHEREAS, the City deems it to be in the public interest to seek full reimbursement for its attorneys' fees; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COONCIL OF THE CITY OF NEW BRIGHTON, MINNESOTA: That the City Attorney is hereby authorized to file with the United States District Court