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Resolution No. 87-48 CITY OF TIGARD, OREGON RESOLUTION NO. 87-L-I9 RESOL UTION AUTHORI7ING THE CITY ATTORNEY TO PEI-11-ION THE WASHINGTON COUNTY CIRCUIT COURT TO ADJUDICATE THE CONSTITUTIONALITY OF THE CITY'S LCMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN WHEREAS, the City of Tigard maintains a deferred compensation plan (the "ICMA Plan") for certain employees which is administered by the ICMA Retirement Corporation (the "Corporation"); and WHEREAS, the Attorney General for the State of Oregon has issued Opinion No. 8175, dated October 11, 1985, declaring unconstitutional two of the ICMA Plan's four investment options; and WHEREAS, the ICMA Retirement Corporation has agreed to bear all of the City of Tigard'u costs of litigation to be filed by the City's attorney on behalf of the City fa:- a judicial determination of the ICMA Plan's constitutionality; NOW, THEREFORE, RE IT RESOLVED by the Tigard Cit} Council that: Section 1: The City of Tigard hereby authorizes its attorney to file a petition under ORS 33.710-77.9 in Washington County Circuit Court to obtain a judicial determination of the ICMA Plan's constitutionality, including any appeals from that decision which may be deemed necessary. PASSED: This c2D-tt\ day of 1907, �OJ7� L 1987. Mayor - City of Tigard ATTEST: City Recorder - City o Tigard Deputy cw/4585A t RESOLUTION NO. 87-d/? Page 1