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E <br />r <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-135-94 <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 <br />Agency) is a contracting agency of the Public Employees' Retirement <br />System (PERS); and <br />WHEREAS, the Public Employees' Retirement Law (PERL) requires <br />that a contracting agency determine whether an employee of such <br />agency in employment in which he is classified as a local safety <br />member is disabled for purposes of PERL and whether such disability <br />is "industrial" within the meaning of such Law; and <br />WHEREAS, an application for disability retirement of Joseph D. <br />Dunham, employed by the Agency in the position of Police Officer, <br />has been filed with PERS; and <br />WHEREAS, the City Council has reviewed the medical and other <br />evidence relevant to such alleged disability; <br />NOW, THEREFORE, BE IT RESOLVED; that the City Council find and <br />determine and it does hereby find and determine that Joseph D. <br />Dunham is incapacitated within the meaning of PERL for performance <br />of his duties in the position of Police Officer and that the <br />primary disabling condition is Orthopedic; and <br />BE IT FURTHER RESOLVED THAT THE City Council of the City of <br />Colton find and determine and it does hereby find and determine <br />that such disability is a result of injury arising out of and in <br />the course of employment; and further determine that such <br />disability did not result from an injury which is the direct <br />consequence of a violent act perpetrated upon the member and did <br />