06-24-81 Council Minutes - Laserfiche WebLink

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MINUTES City Council June 24, 19II1 Mosted Attorney Parks informed the Council that the Mosted law suit against Law Suit the City will go to an ordinary trial. It may be a couple of years before the suit reaches trial. The Attorney stated that he did not feel the law suit had much merit. Attorney Parks informed the Counci1 that the City's insurance company, Hartford, has informed him that this suit would not be covered under their insurance policy. They have suggested that the City's insurance carrier in 1971 may provide coverage for this claim. Hartford has informed the Attorney that they will take another look at the coverage, provided that the City gives them a non-waiver. The Attorney stated th~t this would provide that the City will not consider the Hartford to be liable for the claim just because of the fact that they are investigating if their policy provides coverage. The Attorney stated that he will provide this non-waiver to Hartford. Councilman Fahey suggested that the Attorney check into whether or not the City's Public Officials Liability Policy would provide coverage. The Attorney stated that he would do so. Fahey also asked the Attorney if the costs of his time and expense would be reimbursed by whatever insurance pa7icy provided coverage for the claim. The Attorney stated that this is a possibility and he would check ~nto it. Fiscal The Attorney reported that he received a letter from the City Flttorney Disparity from the City of Shakopee regarding the fiscal disparity act. Shakopee has f~led a claim with the Supreme Court regarding this act. The Flct was recently tested in the court, however> not all the judges participated in the decision. The Flttorney felt that if all the judges participate in the action brought by the City of Shakopee, such a decision could be favorable to all the municipa1ities. The Attorney for Shakopee would like to know if other cities are interested in filing a brief in the matter backing up the position of Shakopee and also if other cities are in~restedin contributing towards Shakopee's costs of litigation. Councilman Fahey suggested that the City file a mecas curia brief supporting Shakopee. Fahey also felt that the City should contribute towards the costs of litigat9on. Mr. Fahey introduced the fo11owing resolution and moved its adoption: RESOLUTION N0. 81-6-314 - AUTNORIZIPlG THE CITY ATTORPlEY TO FILE A MECAS CURIA BRIEF WITN THE CITY OF SNAKOPEE ON THEIR ACTION OF FISCAL DISpFlRITY FlND INFORMING TNE CITY OF SHAKOPEE THAT THE CITY OF LITTLE CANADA WOULD BE INTERESTED IN COMTRIBUTING A FAIR AND REASONABLE AMOUNT TO TFIE COST OF THEIR LTTIGATION DEPENDING UPON HOW MANY OTFIER CITIES ARE INTERFSTED IN GONTRIBUTING Page -12-