04-0319R

RESOLUTION AUTHORIZING CONSENT DECREE IN SETTLEMENT OF LAWSUIT - MCLU V. CITY OF DULUTH.

BY COUNCILORS GILBERT AND STEWART:

BE IT RESOLVED, that the city attorney is authorized to obtain court approval, execute and implement a consent decree in substantially the form, and containing the terms and conditions, of that document on file with the clerk as Public Document No. __________, which will settle and resolve the lawsuit of MCLU, et al. v. City of Duluth, et al., Case No. 04-1079JMR/RLE, and carry out the directive of Resolution No. 04-0307.


STATEMENT OF PURPOSE:  This resolution approves the settlement of the lawsuit over the Ten Commandments artifact. It approves settlement by consent decree, which is an order of the federal court that approves and implements the settlement. The terms of settlement include:
1. Permanent removal of the monument from its location and transfer of ownership of it to a nongovernmental entity.
2. No other displays of the Ten Commandments on public, city property.
3. No payment by either party to the other because of events occurring before the date the court issues its order.
4. Enforcement and any sanctions for events occurring after the court issues its order will be in the federal court's jurisdiction.