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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-58-89 <br />A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF COLTON <br />SECTION 21025, GOVERNMENT CODE <br />WHEREAS, the City of Colton (hereinafter referred to as Agency) <br />is a contracting agency of the Public Employees' Retirement System; <br />WHEREAS, the Public Employees' Retirement Law requires that a <br />contracting agency determine whether an employee of such agency in <br />employment in which he is classified as a local safety member is disabled <br />for purposes of the Public Enployees' Retirement Law and whether such <br />disability is "industrial" within the meaning of such law; <br />WHEREAS, an application for disability retirement of Norman <br />Sebern employed by the Agency in the position of Police Sergeant has been <br />filed with the Public Employees' Retirement System; and <br />WHEREAS, the City Council of the City of Colton has reviewed <br />the medical and other evidence relevant to such alleged coronary <br />disability; <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the <br />City of Colton find and determine and it does hereby find and determine <br />that Norman Sebern is incapacitated within the meaning of the Public <br />Employees' Retirement Law for performance of his duties in the position of <br />Police Sergeant; and <br />BE IT FURTHER RESOLVED that the City Council of the City of <br />Colton find and determine and it hereby does find and determine that such a <br />disability is a result of illness arising out of and the course of <br />employment; and further determine that such disability did not result from <br />an injury which is the direct consequence of a violent act perpetrated upon <br />the member or did not occur during the performance of those portions of the <br />member's duties which are particularly hazardous and dangerous, and neither <br />