HomeMy WebLinkAboutReso 1977-8745RESOLUTION N0, 8745 ~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA ~d/(p ~-/
VISTA APPROPRIATING THE ADDITIONAL SUM OF $4,000
FOR THE NIMLO LITIGATION FUND TO TEST THE CONSTI-
TUTIONALITY OF THE UNEMPLOYMENT COMPENSATION ACT
OF 1976
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the National Institute of Municipal Law Officers
has requested that cities between 50,000 and 200,000 in population
contribute the sum of $5,000 to the litigation fund in order to test
the constitutionality of the Unemployment Compensation Act of 1976,
and
WHEREAS, the City Council has determined that said Act will
impose substantial financial obligations on the City and should,
therefore, be tested, and
WHEREAS, the City of Chula Vista has heretofore appropriated
an initial payment of $1,000 and now desires to appropriate an addi-
tional $4,000 for said purpose.
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the
CITY OF CHULA VISTA that that certain agreement with the National
Institute of Municipal Law Officers, attached hereto as Exhibit "A",
and incorporated herein as if set forth in full, be, and the same
is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the additional sum of $4,000
be, and the same is hereby appropriated from the unappropriated
reserve of the General Fund for the purpose set forth hereinabove.
BE IT FURTHER RESOLVED that the Director of Finance be,
and he is hereby authorized and directed to forward a warrant in
the amount of $5,000 to the National Institute of Municipal Law
Officers.
Presented and Approved as to Form by
George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of July
197_L, by the following vote, to-wit:
AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Cox
NAYES~ Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
W~
Mayor of the City of Ch~ta
ATTEST r a~~ ~ . ~ ~ ~, !C. ~
~ City C erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
DATED
(seal )
,and that the same has not been amended or repealed.
City Clerk
CC-660
AGREEMENT
National Institute of Municipal Law Officers
839 17th Street, N. W.
Washington, D. C. 20006
Gentlemen:
The Citv of Chula Vista hereby attaches its check in
State, City or County
the amount of $ 5,000.00 (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 of Chula Vista 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 agree
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,a11 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 Chula Vista
City of Chula Vista
276 Fourth Avenue
ress an Telep one Num er o Aut orize 0 icer
NIMLO FEDERAL UNEMPLOYMENT COMPENSATION TAX
LITIGATION TRUST FUND
Population of City,
State or County
Trust Fund
t from City,State or County
May 15, 1977)
under 50,000
50,001 - 200,000
200,001 - 500,000
500,001 - 1,000,000
over 1,000,000
$ 2,500
$ 5,000
$ 7,500
$10,000
$25,000
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