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RESOLUTION NO. /~ 7'7~
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE NATIONAL INSTITUTE OF
3 MUNICIPAL LAW OFFICERS RELATING TO THE PAYMENT OF FIVE THOUSAND
DOLLARS ($5,000.00) TO THE NIMLO FEDERAL UNEMPLOYMENT COMPENSA-
4 TION TAX LITIGATION TRUST FUND FOR THE EXPENSES OF LITIGATION
CHALLENGING THE CONSTITUTIONALITY OF THE FEDERAL UNEMPLOYMENT
5 COMPENSATION AMENDMENTS PUBLIC LAW NO. 94-566 AND ACTS MADE
APPLICABLE TO STATES, CITIES AND COUNTIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with the National Institute of Municipal Law Officers
relating to the payment of Five Thousand Dollars ($5,000.00) to
the NIMLO Federal Unemployment Compensation Tax Litigation
Trust Fund for the expenses of litigation challenging the
constitutionality of the Federal Unemployment Compensation
Amendments, Public Law No. 94-566 and Acts made applicable to
states, cities and counties, a copy of which is attached hereto,
17 marked Exhibit "A" and incorporated herein by reference as fully
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as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at ~d"-{.-tAn""~/-/) ~..IAfA.lmeeting thereof, held
on the ~.3y day cfi/ 1??7~ ' 1977, by the following
vote, to wit:
AYES:
Councilmen
..,
NAYS:
ABSENT:
70-'0/
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c-y c~~
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The foregoing resolution is hereby approved this .J.,SJA
day of 9l7, 1977.
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FILED
MAY~7~17
LUCILLE GOFORTH, CIIy aa
.riP. "J/l ~ r ..,.
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A G R E E MEN T
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National Institute of Municipal Law Officers
839 17th street, N.W.
Washington, D. C. 20006
Gentlemen:
The City of San Bernardino hereby attaches its check in
the amount of Five Thousand Dollars ($5,000.00) payable to the
NII1LO Federal Unemployment Compensation Tax" Litigation Trust
Fund to be placed in the NI~~O Trust Fund for use for the
expenses, legal fees, economists and other experts of the liti-
gation challenging the constitutionality of the Federal Unemploy-
ment Compensation Amendments, Public Law No. 94-566 and Acts made
applicable against States, Cities and Counties.
In addition, the City of San Bernardino attaches a sworn
affidavit of its chief financial officer certifying as to his
estimate of the cost of this tax to the City of San Bernardino.
If considered necessary by counsel, said City agrees that this
fi~ancial officer will come and act as a witness at the prelim-
inary 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 united States supreme Court.
It is agreed that until the total sum of $300,000.00 is
paid into this NI~~O 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 $300,000.00
.... .
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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 SAN BERNARDINO
By
Mayor, W. R. "Bob" Holcomb
300 NO:l;th "0" Street
San Bernardino, California 92418
Telephone: 714 383-5051
ACCEPTED:
By
National Institute of Municipal
Law Officers
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EXHIBIT "A"
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NIMLO FEDERAL UNHIPLOnlENT CONPENSATION TAX
Population of City,
. State or County
50,001 -
200,001 -
under 50,000
200,000
500,000
500,001 - 1,000,000
over 1,000,000
LITIGATION TRUST FUND
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Trust Fund Payment from City,State or County
(By May 15, 1977)
EXHIBIT "B"
$ 2,500
$ 5,0.00 .
$ 7,500
$lQ.OOO
$25,000