04-0230R

AS AMENDED

RESOLUTION AUTHORIZING SETTLEMENT OF A LAWSUIT AGAINST THE CITY BY THE MINNESOTA CIVIL LIBERTIES UNION.
 

BY COUNCILOR STEWART:

BE IT RESOLVED, that the city attorney is authorized to execute and implement any document needed to settle and resolve the pending lawsuit in federal district court, Civil File No. 04-1079, by agreeing to substantially those terms and conditions set out in the proposed settlement agreement on file with the clerk as Public Document No. ___________________.


STATEMENT OF PURPOSE:  This resolution directs settlement of the lawsuit about the Ten Commandments artifact. It uses the language contained in the plaintiffs' complaint request for relief. Terms of the settlement are:

1. City will remove the artifact and cease public display of it.

2. City will dispose of it by transferring ownership and possession to a nongovernmental entity no later than August 15, 2004.

3. City will not take back the artifact nor erect any other similar Ten Commandments display. Violation will make the city liable for $10,000 damages.

4. Lawsuit will be dismissed. No payment.

1. Defendants, their agents, employees, and all persons acting in concert with the defendants shall remove the Ten Commandments Monument from the Duluth City Hall premises at a date to be negotiated by the attorneys.

2. No party shall pay any cost, fee, damages or award to any other party.