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Section 2. ~. <br /> <br />2.1. <br /> <br />That it is in the best interest of the City to reach mutual agreement on the allocation of <br />damages. <br /> <br />2.2. <br /> <br />That the allocation proposed by the MPRS is found to be fair and reasonable, and consent <br />thereto is in the best interest of the City. <br /> <br />Section 3. <br /> <br />Annrovals and Authorizations. <br /> <br />3.1. <br /> <br />That the allocation for payment of damages, penalties, costs, disbursements and attorneys' <br />fees described above is hereby approved. <br /> <br />3.2. <br /> <br />That 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 <br />described above. <br /> <br />3.3. <br /> <br />That the City Administrator and Finance Officer are authorized and directed to make <br />payment for the City's share of final judgment of such expenses in accordance with the <br />agreed upon allocation. <br /> <br />3.4. <br /> <br />That this resolution does not amend any previous agreement among the defendant cities for <br />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 <br />awarded in the future. <br /> <br />3.5. <br /> <br />That this resolution constitutes only an agreement between and among all cities which are <br />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 <br />shall be deemed an admission of responsibility or a liability in any action for contribution <br />by any city which has not consented to such allocation or a waiver by the City of any <br />rights, claims, demands, or causes of action for contribution by the City against any city <br />which has not agreed to such allocation. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Zimmerman and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />Couneilmember Beyer <br />Councilmember Zimmerman <br />Councilmember Peterson <br /> <br />and the following voted against the same: <br /> <br />None <br /> <br />and the following abstained: <br /> <br />Mayor Hardin <br /> <br />RESOLUTION g96-02-039 <br /> Page 2 of 3 <br /> <br /> <br />