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August 19, 2002 Page 438 authorizing a lawsuit to recover reimbursement and receipt of revenue due the County of Cabarrus being illegally withheld by the State of North Carolina and directed that the Resolution be sent to the other 99 counties in North Carolina. Resolution No. 2002-32 A RESOLUTION TO AUTHORIZE A LAWSUIT TO RECOVER REIMBURSEMENT AND RECEIPT OF REVEN~JE DUE THE COUNTY OF CABARRUS BEING ILLEGALLY WITHHELD BY THE STATE OF NORTH CAROLINA WHEREAS, the 641 towns, cities and counties of North Carolina have long depended on tax revenues to which by law they are entitled upon collection by the Secretary of Revenue, and the General Assembly until now has historically held local governments harmless by appropriated reimbursement when one or more local revenue sources is diminished or eliminated; and WHEREAS, local government revenues for FY 2001-2002 were withheld illegally for FY 2001-2002 by the Secretary of Revenue and it appears the Governor will order the Secretary to withhold FY 2002-2003 local revenues due to be paid beginning September 15, 2002 and otherwise; and WHEREAS, no administrative remedy exists to correct the illegal conversion of the local revenues and a genuine controversy exists about proper interpretation of the law as to the ownership of the local tax revenues, and enactment of the pending clarifying legislation favoring local governments will likely not be enacted; and WHEREAS, the General Court of Justice is the sole, proper and independent branch of government to make a final legal determination of the rights of the respective parties. THEREFORE, BE IT RESOLVED, that Cabarrus County hereby authorizes its County Manager and County Attorney to retain Boyce & Isley, PLLC, of Raleigh, N.C., at a cost not to exceed $1,000.00 with all other fees, costs and expenses of litigation, if any, paid on a contingency basis not to exceed fifteen percent (15%) of any total monetary recovery by settlement or Judgment or as may be ordered by the Court. Outside counsel will agree to prosecute a civil action in Wake County Superior Court to have declared the legal rights of local government to recover past tax revenues and reimbursements withheld and to enjoin withholding of future tax revenues as above set forth. Adopted this the 19=~ day of August, 2002. /s/ Robert M. Freeman Robert M. Freeman, Chairman Board of Commissioners ATTEST: /s/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board (G) APPOIITI~E~TrS TO BOARDS A~D COMMITTEES Region F Aging Advisory Committee (Albernats Mm~ber) UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Privette and unanimously carried, the Board appointed Linde C. Richards as an alternate member to the Region F Aging Advisory Committee for a term ending June 30° 2003. (G-2) Industrial Facilities and Pollution Control Financing Authority One vacancy remains on the Industrial Facilities and Pollution Control Financing Authority. The Board asked the Clerk to contact officials at the new Cabarrus Bank and Trust regarding a nominee for the position. (G-3) Adult Care Home Communit7 Advisory Co~ittee The terms of appointment for Sadie Curry and Joii Goodman on the Adult ~are Home Community Advisory Committee end on August 31, 2002. Ms. Curry has indicated her willingness to continue to serve on the committee if reappointed.