HomeMy WebLinkAbout1977-06-14; City Council; Resolution 5114RESOLUTION NO. 51 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND THE
NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS
TO PARTICIPATE IN LITIGATION ATTACKING THE
CONSTITUTIONALITY OF THE FEDERAL UNEMPLOY-
MENT COMPENSATION APIENDMENTS AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and the National Institute of Municipal Law Officers to
participate in litigation attacking the constitutionality of the
Federal Unemployment Compensation Amendements, a copy of which is
attached hereto marked Exhibit A and made a part hereof, is hereby
approved.
2. That the City Attorney of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad. adjourned
PASSED, APPROVED AND ADOPTED at anbegular meeting of the
City Council of the City of Carlsbad. California, held on the
14th day of June , 1977 by the following vote, to wit:
AYES:
NOES: None.
Councilmen Frazee, Lewis, Skotnicki , Packard and Councilwoman Cas1 er.
ABSENT : None.
,, - ROBERT C. FRAZEE, Mayor*
ATTEST :
13, MARGAFST E. NORA K. GARDINER, Deputy CFty Clerk
(SEAL)
,,* 3.
r
AGREEMENT
.! 0 ('
National Institute of Municipal Law Officers 839 17th Street, N. W. Washington, D. C. 20006
Gent 1 emen :
The CITY of CARLSBAD hereby attaches its check in (State, City or County) the amount of $1,165.00 (according to population formula on the reverse side hereof)
payable to the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund to be
placed in the NIMLO Trust Fund for use for the expenses, legal fees, economists and other
experts of the litigation attacking the constitutionality of the Federal Unemployment
Compensation Amendments, Pub. L. No. 94-566 and Acts made applicable against States, Cities
and Counties.
In addition, the CITY attaches a sworn affidavit of its chief
(State, City or County)
financial officer certifying as to his estimate of the cost of this tax to the
CITY . If considered necessary by counsel, the State, City or County agrees
(State, City or County)
that this financial officer will come and act as a witness at the preliminary injunction
hearing expected to be held in Washington, D. C. seeking a stay'of the Acts pendente lite
during the more than two years the case is expected to be in the Courts before finally being
decided by the U. S. Supreme Court.
It is agreed that until the total sum of $300,000 is paid into this NIMLO Trust Fund
for the Federal Unemployment Compensation Tax litigation, the constitutional challenge to
the Acts will not be filed, and that if the total sum of $300,000 is not paid into the Fund
on or before May 15, 1977,all monies forwarded will be returned to the States, Cities or
Counties signing this agreement and the litigation will not be filed as contemplated by this
agreement.
1200 Elm Ave., Carlsbad, Ca.92008 (7141729~1181
Address and Telephone Number of Authorized Officer
NIMLO FEDERAL UNEMPLOYMENT COMPENSATION TAX
LITIGATION TRUST FUND
Population of City,
State or County
under 50 , 000
50,001 - 200,000
200,001 - 500,000
500,001 - 1,000,000
over 1,000,000
Trust Fund Payment from City,State or Cilunty
(By May 15, 1977)
$ 2,500
$ 5,000
$ 7,500
$10,000
$25 , 000