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HomeMy WebLinkAboutCCRes_80-10CITY OF FALCON HEIGHTS Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Falcon Heights, Minnesota was held on the 11th day • of April, 1980. The following members were present: Mayor Warkentien, Councilmembers Steele, Brown, Eggert and Larson, and the following were absent: None. Mayor tilarkentien introduced the following Resolution and moved its adoption. RESOLUTION 80-10 A RESOLUTION CONCERNING THE DEATH OF FIREMAN HENRY J. DACHTERA THIS RESOLUTION is premised on the following FACTS: 1. Henry J. Dachtera, regularly enrolled member of the Falcon Heights Volunteer Fire Department, died on August 25, 1976; 2. Mr. Dachtera died of acute coronary insufficiency due to or as a consequence of coronary atherosclerosis; 3. Mr. Dachtera was on duty as a fireman on the date of his death. He was found dead in a room in the City Hall for firemen who sleep overnight; 4. Mr. Dachtera apparently slept through the night; he was found dead in • a chair; 5. The widow of Henry J. Dachtera filed for W orkers' Compensation benefits against Falcon Heights and his regular employer, Standard Machine Company. A settlement agreement was entered into, the two defendants paying certain sums to Mrs. Dachtera without however admitting any liability for his death as a work-related injury; 6. The attorney for Mrs. Dachtera has now requested the City Clerk- Administrator and Fire Chief to execute a Certificate pursuant to M.S. 352E.04. The City Council and Clerk-Administrator have reasonable doubts as to whether Mrs. Dachtera is entitled to the statutory benefits set forth in M.S Chapter 352E but recognize that she is fully entitled to file a claim and pursue her theor~y--far benef~ts~ under' said. statute. BASED ON THE ABOVE FACTS, IT IS HEREBY RESOLVED: The City Clerk-Administrator is hereby authorized to execute the attached Certificate presented by the attorney for Mrs. Dachtera, provided that this Resolution accompany the Certificate on its filing with the Workers' Compensation Court of Appeals. Said Certificate is identified as Exhibit A thereto. Councilmember Brown seconded the motion and upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Steele, Brown and Larson, and the following voted "nay°': Councilmember Eggert. Motion carried. • WHEREUPON, the foregoing Resolution was o ed. Atte Willis C. A. Warkentien, Mayor Dewan B. Barnes, Clerk Administrator EXllIl3IT A r~ L CERT I ~i I CAT IOi~t The undersi~nec~ hereby certify that HENP.Y J. DACHTERA., Social Security a!- 474-~1-4704, died on August 25, 1976, while oai duty as a regularl;r en.rolLed member of the Falcon Heights Voltznteer. F;.x? ~^r?.xtr~ert . ':'his Certif_cation is rlade ~o comply with the requirements of :~Zi~znesota Statute § 352E.r04, otherwise known as the "Peace Officers Fsenefit Acct." He is survived by :~-:is widow, Ruth rI. Dachtera, who has applied for ar_ receivAd workers' com-oensation benefits occasioned by his d~~~th. Ii ~~; =~_ • ~ t7 ~q TI TR TOP. Village of Falcon :eights F,~.lcon :eights Fire Department EXHIBIT A ,.-.