HomeMy WebLinkAboutCity Council Resolution 1963-023VUaAGE Or PLYMOUTH
Resolution No. 63- 29
Pursuant to due call and notice thereof, a regular meeting
of the Village Council of the Village of Plymouth, Minnesota was
held on the 2nd day of April, 1863.
The following members were present: Mayor Keefe, Trustees
Curtis, O'ihllon, Reinan and Tart; and the following members were
absent: none.
Trustee s Curtis introduc-ed the following Resolution
and moved its adoption:
MHB6CUS, the Village of Plymouth has been a co-defendant in
an action brought by one Ella Iltensgard, as Trustee for the heirs
of Allyn N. Dunham, deceased, and
MiliM8, the Village has been represented in the defense of
this action by this firm of Tyrrell, Jardine, Logan and O'Brien as
attorneys for the General Accident Group Insurance Companies, public
liability insurers of the Village of Plymouth, and
MWIM8, in the course of their defense of said cause of
action said law firm did file a petition with the Industrial Com-
mission of the State of Minnesota alleging, among other things,
that at the time of his death said Allyn-'. Dunham was in the employ
of the Village of Plymouth as a police officer without fixed com-
pensation, and
'LMREAB, said petition was filed without the knowledge or
consent and without the authorization of the Village of Plymouth,
1W THMPORE, BE IT RES(L.VED BY THE COQMCIL OF THE VILLAGE
OF PLYMOUTH:
111. The Village of Plymouth does hereby declare that the
firm of T;rreli, Jardine, Lynch and O'Brien or Mr.
Donald N. Jardine were never engaged or authorized
to act as attorney fos the .Village of Plymouth in
Connection with a Possible claim under the Workmen's
Compensation Lav► of MiarAsota by, the widow of Allyn W.
Duulam against the, Village> of Plymouth as employer and
Employers Mutual Casualty Company as its insurer.
'12. The Village of Plymouth does hereby declare that it
never authorized the institution of a proceeding at
the Industrial Cosmissioa on behalf of the Village
of Plymouth in connection with the death of said
Allyn M. Dunham.
"3. The Vl_age of Plymouth does hereby disavow the
statements and contents of said petition and does
most particularly disavow any such statements that
allege that +paid Allyn W. Dunham was an employee of
the.Village of Plymouth at the time of his fatal
injuries and that said Allyn W. Dunham and that
Village of Plymouth were under and bound by the
provisions of the Wariap en's Compensation Law of
the state of Minnesota.
"4. That the V111ags of Plymouth requests that said
petition be dismissed of record."
The notion for the adoption of the foregoing Mosolut on was .
duly seconded by Trust" - Heinan and upon vote being then
thereon, the following voted in favor thereof: Mayor Keefe,
Trustees, Curtis, 017allon, Reinan and Tart. The following voted
4q►inst.the motion: none; whereupon the motion was declared duly
passed and adopted.
STATE OF MINNESOTA
COUNTY OF HENNEPIN SS
VILLAGE OF PLYMOUTH
1, the undersigned; being the duly qualified and acting
clerk of the Village of Plymouth, Minnesota, hereby certify that
I have cat-efully compared the attached and foregoing extract of
minutes of a regular meeting of the Village Council of said village
held ��, 19 with the original thereof on file
in my office `rand lie same is a full, true and complete transcript
therefrom insofar as the same relates to
ire
of Allyn V. 1Dnnhm, deo awd.
WITNESS, My hand officiall.y as such clerk and the corporate
seal of the village this �day of Aszsi , 1963-
�-- 3�
it age 1 rk
Village of Plymouth, Minnesota
(Sea 1)