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270613 WHITE - CITV CLERK j�jj���$$y��� PINK - FINANCE � � COUIICII ��"-_p,.-?�� � CANARV - DEPARTMENT . GITY OF SAINT PAUL � BL J� - MAVOR File� NO. � ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WEIEREAS, the City Attorney is empowered to represent the City of Saint Paul in all cases in which the City is interested; and WHEREAS, pursuant to Minn. Stat. � 471.86, which requires the City to defend firefighters in damage actions against such firefighters arising out of their job duties, the City Attorney defended the Estate of Francis R. Conway, deceased firefighter, in Wei2r v. Estate of Conway; and W�iEREAS, a judgment of in excess of $600,000 was awarded by the trial jury in Ramsey County District Court against the Estate of Conway; and WHEREAS, it appears that the Estate of Conway has no assets, � and that the City may be r�equested to pay the judgment; and WHEREAS, it further agpears that the City may wish to assert on appeal and in further proceedings that either it has no obli- gation to pay the judgment or indemnify the �state of Conway, or that any such liability is limited, whieh as�'ertions are in conflict with the interests of the Estate of Conway; and WHEREAS, the City Attorney has requested pursuant to Section 5.02 of, the Charter, based upon the apparent conflict of interest that has arisen, that special counsel be appointed to represent the Estate of Conway as required by Minn. Stat. � 471.86; now, therefore, be it � RESOLVED, that the Council of the City of Saint Paul does hereby appoint Alan W. Weinblatt, Attorney at Law, to represent the Estate of Francis R. �onway for ali matters arising out of COU[VCILMEN Requested by Department of: Yeas Nays . - [n Favor __ Against BY — Form Approved by City Attorney Adopted by Coun�il: Date Certified Passed by Council Secretary ,- BY � By, Approved by Mayor: Date _ Approved by Mayor for Submission to Council BY - — — By — �NH17E — CITV CLERK �(`�,j d PINK — FINANCE COUIICII r'�•'���I��� �CANARV — DEPARTMENT GITY OF SAINT � PAUL �� - B�eE - Mo.�oR File N0. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. the claim and suit for damages against such Estate; and be it FURTHER RESOLVED, that the compensation of Alan W. Weinblatt is fixed at $40.00 per hour, provided that the total fee sha.11 not be in excess of a reasonable fee having reference to DR 2-106 of the Code of Professional Responsibility. � COUNCILMEN Requested by Department of: Yeas Nays � '":�:�^r [n Favor ;,,,_,� � � _ __ Against BY — — r Adopted by Council: Date �g 2 3 19TS Form pr ed by City Attorney � Certifi . P•s-ed by Cou Sec tary By � Appro e ;Vlayor: Date ��� 2�8 �976 Ap o ed by Mayor for b ssion to Council By _ — BY P gLISN�D ���;�° �!: �97$ � �