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AUG, 16, 2002 12:48PM <br /> <br /> RESOLUTION.NO. <br /> <br /> A RESOLUTION TO AUTHORIZE A LAWSUIT TO RECOVER <br />REIMBURSEMENT AND RECEIPT OF REVENUE DUE THE (CITY, TOWN, COtINTY <br />OF ) BEING ILLEGALLY WITHELD BY THE STATE OF NORTH <br />CAROLINA. <br /> <br /> WHEREAS, the 641 towns, cities and counties of North <br />Carolina have long depended on tax revenues to which by law they <br />are entitled upon collection by the Secretary of Revenue, and <br />the General Assembly until now has historically held local <br />governments harmless by appropriated reimbursement when one or <br />more local revenue sources is diminished or eliminated, and <br /> <br /> WHEREAS, local government revenues for FY 2001-2002 were <br />withheld illegally for FY 2001-2001 by the Secretary of Revenue <br />and it appears the Governor will order the Secretary to withhold <br />FY 2002-2003 local revenues due to be paid beginning September <br />15, 2002 and otherwise, and <br /> <br /> WHEREAS, no administrative remedy exists to correct the <br />illegal conversion of the local revenues and' a genuine <br />consroversy exists about proper interpretation of the law as to <br />ownership of the local tax revenues, and enactment of the <br />pending clarifying legislation favoring local ~overnments will <br />likely not be enacted, and <br /> <br /> WHEREAS, the General Court of Justice is the sole, proper <br />and independent branch of government to make a final legal <br />determination of the rights of the respective parties, <br /> <br /> THEREFORE, BE IT RESOLVED, that (city, town, county) hereby <br />authorizes its (manager, attorney) to (proceed to retain <br />litigation counsel/retain Boyce & tsley, PLLC, of Raleigh, N.C.) <br />at a cost not to exceed $1,000.00 with all other fees, costs and <br />expenses of litigation, if any, paid on a contingency basis not <br />to exceed fifteen percent (15%) of any total monetary recovery <br />by settlement or judgment or as may be ordered by the Court. <br />Outside counsel will agree to prosecute a civil action in Wake <br />County Superior Court to have declared the legal rights of local <br />government to recover past tax revenues and reimbursement.s <br />withheld and to enjoin withholding of future tax revenues as <br />above set forth. <br /> <br />Adopted this the <br /> <br />day of August, 2002. <br /> <br /> <br />