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NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Council of the City of <br />Lake Elmo does hereby determine; <br />1. That it is necessary and proper in order to achieve the purposes of said Joint <br />Exercise of.Power Agreement, and therefore in the public interest, that various <br />private persons, including members of the Challenge Committee if they desire <br />to do so, be allowed to join in the pending lawsuit and other actions, if any, <br />which the Challenge Committee may deem advisable in the future, as individual <br />plaintiffs. <br />2, That to the extent any such private persons or elected riiembers of the Challenge <br />Committee shall join in any pending or future lawsuit as individual plaintiffs, <br />their action in so joining shall be deemed necessary to assist this City in satis- <br />fying the technical legal. requirements of maintaining such a lawsuit and there- <br />fore in aid of the City's public purpose. <br />3. That each and every private person who desires to join the pending lawsuit and <br />other actions, if any, which the Challenge Committee may deem advisable in <br />the future, shall seek and obtain the approval of the City Attorney, who shall <br />ascertain that said individual is the registered owner of: real property in this <br />City and is liable for the payment, of real estate taxes thereon. Each private <br />person shall thereafter execute in a form acceptable to the Challenge Committee <br />a written agreement, that he will not seek private damages in the pending lawsuit <br />or other actions undertaken by the Challenge Committee. <br />4. That any money expended by the 1-94 Challenge Committee for the purpose of <br />pursuing such actions, shall riot be deemed an expenditure for a private purpose <br />even though various private persons including members of. the Challenge Com- <br />mittee may join therein as individual plaintiffs. On the contrary, all reasonable <br />distributions of money made by the 1-94 Challenge Committee for the purpose of <br />advancing said lawsuits shall be deemed for a public purpose - namely those <br />purposes set forth in the Joint Exercise of Power Agreement. <br />