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4 <br /> 20% of such costs would be divided equally among the 36 city defendants. 80% of such <br /> damages would be divided pro rata on the basis of the population served by the cities police <br /> departments as of the time the actions were commenced in January of 1993. Such population <br /> would be determined on the basis of Metropolitan Council estimates for cities in the metropolitan <br /> area. For communities outside of the metropolitan area the population would be determined by <br /> the State Demographer's estimates. For communities with service contracts under which police <br /> service is provided to other municipalities, the populations of such other municipalities would <br /> be included in the computation of population served. <br /> Sec. 2. Findings. <br /> 2.1. It is in the best interest of the City to reach mutual agreement on the allocation of <br /> damages. <br /> 2.2. The allocation proposed by the MPRS is found to be fair and reasonable, and <br /> consent thereto is in the best interest of the City. <br /> Sec. 3. Approvals and Authorizations. <br /> 3.1. The allocation for payment of damages,penalties,costs,disbursements and attorneys' <br /> fees described above is hereby approved. <br /> • 3.2. 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 described <br /> above. <br /> Finance <br /> 3.3. The City Manager and Director are authorized and directed to make <br /> payment for the City's share of final judgment of such expenses in accordance with the agreed <br /> upon allocation. <br /> 3.4. This resolution does not amend any previous agreement among the defendant cities <br /> for allocation of defense costs and defendants' attorneys fees: and nothing herein shall be deemed <br /> to be an agreement as to allocation of any statutory penalties which may be awarded in the <br /> future. <br /> 3.5. This resolution constitutes only an agreement between and among all cities which <br /> are defendants in the above-referenced actions which consent and agree to the allocation formula <br /> described above by adoption of substantially similar resolutions. Nothing herein shall be deemed <br /> an admission of responsibility or a liability in any action for contribution by any city which has <br /> not consented to such allocation or a waiver by the City of any rights, claims, demands, or causes <br /> of action for contribution by the City against any city which has not agreed to such allocation. <br /> • <br /> CLL98715 1 <br /> MP110-2 2 <br />