CITY OF SALEM

RESOLUTION NO. 000201 - 09 INTRODUCED BY: MRS. COPE

First Reading _______________

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BEING A RESOLUTION TO APPROVE RETAINING ALFRED E. SCHRADER, ATTORNEY AT LAW, AS COUNSEL IN THE MATTER OF THE APPEAL, BY THE CITY OF SALEM, OF THE DECISION AND ORDER OF THE OHIO BOARD OF TAX APPEALS, RENDERED JANUARY 7, 2000, RELATING TO THE ALLOCATION OF THE 1998 LGF AND ULGRAF BY THE COLUMBIANA COUNTY BUDGET COMMISSION.

The Council of the City of Salem, Columbiana County, Ohio, met in regular session on the 1st day of February, 2000, at the City Hall, Salem, Ohio.

WHEREAS, the Columbiana County Budget Commission has allocated the 1998 LGF and ULGRAF funds based on a formula approved by the Columbiana County Commissioners and a wide majority of the of the subdivisions within Columbiana County; and

WHEREAS, the City of East Liverpool appealed said allocation to the State of Ohio Board of Tax Appeals, naming as Appellees each township, village and city in said appeal; and

WHEREAS, the State of Ohio Board of Tax Appeals, on January 7, 2000, rendered its Decision and Order in said appeal, which Decision and Order is adverse to the City of Salem and in favor of the City of East Liverpool; and

WHEREAS, each township, village and city has a right to appeal said Decision and Order to the Supreme Court of Ohio.

NOW, THEREFORE, BE IT RESOLVED by the City of Salem, Ohio that:

(1) Alfred E. Schrader, Attorney At law, be retained to represent the City of Salem in the above appeal.

(2) Alfred E. Schrader, Attorney At Law, is authorized to file a notice of appeal with the Ohio Supreme Court of the State of Ohio Board of Tax Appeals' January 7, 2000, Decision and Order, and to pursue that appeal to its conclusion.

The City of Salem will pay _______ Percent of the Attorney's $7,500.00 retainer fee based on the City of Salem's percentage of the 1998 distribution of LGF and ULGRAF funds. This retainer will be paid jointly with the Columbiana County Township Association and should cover the cost of the appeal. In the event that it does not, the Township Association and the City of Salem shall be billed for any remaining fees and agrees to pay them based on the above percentage. Attorney Schrader shall bill the City of Salem and the Columbiana County Township Association $150.00 per hour for services on this appeal.

(4) The Council Clerk is directed to forward a certified copy of this resolution to Marilyn Winn, Secretary of the Columbiana County Township Association, as soon as possible.

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