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<br />.- <br /> <br />.~ <br /> <br />Y. ....,,~ <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION NO. .8.8..::..6 0 <br /> <br />RESOLUTION APPROVING LITIGATION <br />SETTLEMENT AGREEMENT AND GENERAL RELEASE <br />AND AUTHORIZING ITS EXECUTION <br /> <br />WHEREAS, the City of New Brighton has brought suit against the United <br /> <br />States Department of the Army and others in an action entitled City of New <br /> <br />Brighton, et a1. v. United States of America, et a1., Federal District Court <br /> <br />File No. 3-84-1110, for the contamination of the aquifer from which the City <br /> <br />draws water for its municipal water supply system; and <br /> <br />WHEREAS, the City and the United States Department of the Army wish to <br /> <br />settle that lawsuit in accordance with the terms of a draft document dated <br /> <br />June 14, 1988, and entitled "Litigation Settlement Agreement and General <br /> <br />Release By and Among the City of New Brighton, the United States of America, <br /> <br />the United States Department of Defense, the Honorable Frank Carlucci (succes- <br /> <br />sor to the Honorable Caspar W. Weinberger), the United States Department of <br /> <br />the Army, and the Honorable John O. Marsh" (hereinafter referred to as the <br /> <br />"Settlement Agreement"); and <br /> <br />WHEREAS, the City Council has determined that the settlement of this law- <br /> <br />suit in accordance with the Settlement Agreement is reasonable and in the best <br /> <br />interests of the City and the residents of New Brighton. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New <br /> <br />Brighton, Minnesota, that the mayor and city manager are authorized and di- <br /> <br />rected to make such changes to the Settlement Agreement as in their judgment, <br /> <br />and after consideration of the advice of counsel, may be necessary to accomp- <br />