4784 - 70 Join litigation to prevent abolishment of income tax reciprocity

Home Browse Search

Messrs. Huffman, Kelley, Usher Wendling. ~raber BY: 4784 RESOLUTION NO. AN EMERGENCY RESOLUTION to authorize joining with other municipalities in litigation against the City of Cleveland to prevent threatened action to abolish income tax reciprocity between the City of Cleveland and other municipalities; authorizing the Cuyahoga County Mayors and City Managers Association to coordinate such litigation and appropriating funds therefore; and declaring an emergency, WHEREAS, this municipality has enacted an income tax which provides, in most cases, that 75% of the tax collected here shall be allocated to the community in which the work producing the income is performed and 25% shall be allocated to the community in which the income earner resides, so long as the other community to whom a portion of the tax is allocated similarly allocates taxes collected there; and one of the communities similarly allocating tax to be the City of Cleveland; and, WHEREAS was and continues WHEREAS, the City of Cleveland threatens to cancel such reciprocity, which would cause grave economic hardship to this municipality and would be further detrimental to the welfare of all citizens of the Northeastern Ohio area because of the damage it would do to inter-governmental cooperation; and, WHEREAS, this Council determines that a cancellation of reciprocity by the City of Cleveland would be in violation of legal rights which have accrued to this municipality because of certain implied and actual, oral and written agreements between this mun- icipality and the City of Cleveland; and WHEREAS, This resolution constitutes an emergency measure providing for the immediate preservation of the public health and safety and for the usual daily operation of a municipal department, now, therefore, LAKEWOOD, THE CITY OF BE IT RESOLVED BY THE COUNCIL OF CUYAHOGA COUNTY AND STATE OF OHIO, THAT: Section 1. This municipality shall join with all other affected municipalities enacting similar legislation in all proper legal action to determine and enforce its rights with regard to income tax reciprocity between the City of Cleveland and other municipal- ities, including this one, and authorizes its inclusion as a party plaintiff in such action. Section 2. The Cuyahoga County Mayors and City Managers Association is authorized to coordinate such a lawsuit and to employ such professional asslstance as it may deem necessary to the speedy successful conclusion of such litigation. The Clerk is authorized, empowered and directed this legislation to the Executive Secretary of Mayors and City Managers Association. Section 3. to certify a copy of the Cuyahoga County