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DORSEY, WINDHORST, HANNAFORD, WHITNEY& HALLADAY <br /> 2200 FIRST BANK PLACE EAST <br /> • MINNEAPOLIS,MINNESOTA 55402 <br /> 880 W-FIRST NATIONAL BANK BLDG. (612)340-2600 1 150 RING BUILDING <br /> ST.PAUL,MINNESOTA 55101 1200 18TH STREET N.W. <br /> (612)227-8017 WASHINGTON.D.C.20036 <br /> CABLE:DOROW (202)296-2780 <br /> P.O.BOX 848 TELEX:29-0605 (800)424-2942 <br /> 340 FIRST NATIONAL BANK BLDG. TELECOPIE R:(612)340-2868 <br /> ROCHESTER,MINNESOTA 55903 312 FIRST NATIONAL BANK BLDG. <br /> (507)288-3156 WAYZATA,MINNESOTA 55391 <br /> (612)475-0373 <br /> 201 DAVIDSON BLDG. - <br /> 8 THIRD STREET NORTH 30 RUE LA BOETIE <br /> GREAT FALLS,MONTANA 59401 <br /> (406)727-3632 75008 PARIS,FRANCE <br /> TEL:(1)562-32-50 <br /> WILLIAM R.SOTH, P.A. <br /> (612)340-2969 <br /> April 27, 1982 <br /> Mr. David Childs <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> Minneapolis, Minnesota 55418 <br /> Re: Fire Department - Mutual Aid <br /> Dear David: <br /> I have reviewed the Joint and Cooperative <br /> Agreement for Use of Fire Personnel and Equipment North <br /> Suburban Regional Mutual Aid Association and the proposed <br /> • Council resolution relating to it, and have the following <br /> comments: <br /> 1 . Minnesota Statutes, Section 438 . 08 permits the <br /> City Council to authorize the Fire Department to attend <br /> and serve fires outside the City limits. In addition, <br /> Section 438 . 10 states that in such situations the fire- <br /> fighters will be deemed to be serving in their regular line <br /> of duties as fully as if they were serving within the City <br /> limits. <br /> 2 . Section 438 . 08 of the State Statutes requires that <br /> the authority be granted by Council resolution adopted by <br /> a five-sevenths vote. In St. Anthony, this would therefore <br /> require a four-fifths vote . <br /> 3 . You should note that Subdivision 3 of Article IV <br /> makes -the response to a request for assistance discretionary <br /> with the "responding official" . This subdivision also <br /> prov_.des that failure to provide assistance will not result <br /> in liability to the City. This subdivision should deal with <br /> many of the concerns the Council might have about demands <br /> upon the City' s Fire Department, so long as the "responding <br /> official" uses proper discretion in responding to requests <br /> for assistance. <br />