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<br />-- ~ <br /> <br />. <br /> <br />. <br /> <br />.' <br /> <br />STATE OF MINNESOTA <br /> <br />COUNTY OF RAMSEY <br /> <br />CITY OF ARDEN HILLS <br /> <br />RESOLUTION NO. '7j/-// <br /> <br />A RESOLUTION INDEMNIFYING AND AGREEING <br />TO DEFEND COUNCILMEN <br /> <br />WHEREAS, Section 466.07 of Minnesota Statutes, as <br />amended, authorizes a municipality to indemnify, hold harmless <br />and defend any of its officers and employees, whether elective <br />or appointive, against any tort claim or demand, whether ground- <br />less or otherwise, arising out of an alleged act or omission <br />occurring in the performance of duty except in the case where <br />said claim or demand arises out of .alfeasance in office or <br />willful or wanton neglect of duty, and <br /> <br />WHEREAS, the City Council has the inherent power to <br />indemnify its Councilmen with respect to claims or demands made <br />as a result of the Council's making a decision or taking an <br />action in any case before it, and <br /> <br />WHEREAS, the Council has heretofore never adopted a <br />policy with respect to the indemnification of its Councilmen <br />and deems it now in the public interest to do so, <br /> <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE ARDEN <br />HILLS CITY COUNCIL that the City of Arden Hills hereby agrees <br />to indemnify, hold harmless and defend each of the Councilmen <br />serving on its City Council from and against any and all claims, <br />demands, suits, judgments, and costs, including attorneys' fees <br />and disbursements, in any way arising out of an alleged act or <br />omission of each said Councilman occurring in the performance <br />of his duties on behalf of the City including, but not limited <br />to, any decision made or action taken by him collectively with <br />the other Council.en with respect to any case before the City <br />Council--subject, however, to the limitations set forth in the <br />next succeeding paragraph hereof. <br />. . <br /> <br />BE IT FURTHER RESOLVED, that in implementing the fore- <br />going indemnification resolution, the City Council shall first <br />make the following determinations and embody them in a Resolu- <br />tion specifically relating to each particular case: <br /> <br />1. That the claim or demand arose out of the <br />performance by the Councilman of his <br />duties as such; <br /> <br />2. That the claim or demand does not involve <br />malfeasance in office or willful or wanton <br />neglect of duty by the Councilman; <br /> <br />3. That the Councilman was acting in good <br />faith in performing the duties which have <br />resulted in the claim or demand; and <br />