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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