HomeMy WebLinkAbout33-77 RESOLUTION•
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RESOLUTION NO. 33-T'7
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE NATIONAL INSTITUTE OF MUNICIPAL
LAW OFFICERS FOR THE PURPOSE OF MAKING THE CITY OF FAYETTEVILLE
A PARTY PLAINTIFF TO LITIGATION ATTACKING THE CONSTITUTIONALITY
OF THE UNEMPLOYMENT COMPENSATION ACT OF 1976 AS APPLIED TO
STATES, CITIES AND COUNTIES.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute an agreement with the
National Institute of Municipal Law Officers for the purpose
of making the City of Fayetteville a party plaintiff to
litigation attacking the constitutionality of the Unemployment
Compensation Act of 1976 as applied to states, cities and
counties. A copy of said Agreement, marked Exhibit "A", is
attached hereto and made a part hereof.
PASSED AND APPROVED THIS 9 DAY OF y
ATTEST:
APPROVED:
tyrecf-te—a
MAYOR
CITY CLERK
r
4-
, 1977.
MICROFILMED
DATE OCT 3 1979
REEL
AAICROFILMEQ
DATE OCT 2 0 i9m
REEL kll�
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AGREEMENT
National Institute of Municipal Law Officers
839 lith Street, N. W.
Washington, D. C. 20006
Gentlemen:
The
the amount
EXHIBIT A
City of Fayetteville, Ark. hereby attaches its check in
(State, City or County)
of $ 2,500.00 (according to population formula on the reverse side hereof)
payable to the NIDW 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 Unuuploy ent
Compensation Amendments, Pub L No. 94-566 and Acts made applicable against States, Cities
and Counties.
In addition, the City of Fayetteville 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. Suprerie Court.
It is agreed that until the total sum o: $300,000 is paid -into this N LMLO 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.
City of Fayetteville, Arkansas
State, City or County
r ✓
. zemmul 2 cot. s00.. ,, Mayor
Title and Signature of Authorized Officer
C/o Clty Mana or's Offi AC501-521-7700, Ext. 242
Address and Tel0eplone Mar of Authorized Officer