|
RESOLUTION 64-105 REQUESTING THAT THE COUNTY
<br />OF ORANGE DEFEND THE ACTION FOR REFUND OF TAXES
<br />PAID UNDER PROTEST ENTITLED "ALLISON HONER CO.,
<br />A CO--PARTNERSHIP, vs THE COUNTY OF ORANGE, THE
<br />CITY OF SANTA ANA
<br />
<br /> WHEREAS, the County of Orange has served as the tax
<br />collecting agent for all City of Santa Aha real property taxes
<br />under agreement with said City; that said relationship has existed
<br />for many years last past; and
<br />
<br /> WHEREAS, an action has been filed in the Superior Court of
<br />the State of California, in and for the County of Orange, entitled
<br />"ALLISON HONER CO., a co-partnership, cc~prised of ALLISON HONER,
<br />HELEN C. HONER, RICHARD HONER, DONALD A. HONER, partners, and
<br />HONER DEVELOPMENT CO., a California corpOration, Plaintiffs, -VS-
<br />THE COUNTY OF ORANGE, THE CITY OF SANTA ANA, Defendants", which
<br />action seeks refund of taxes paid under protest and alleges
<br />improper assessment proceedings on the part of the County of Orange;
<br />and
<br />
<br /> WHEREAS, the County Counsel's Office, County of Orange, is
<br />ably staffed andhas deputies that are familiar with assessment
<br />procedures, tax collection procedures, and actions for refund of
<br />taxes paid under protest, an~ in the opinion of the City Council,
<br />the defense of the above-entitled action can best be handled by
<br />one office under single direction rather than by having each of the
<br />two defendants individually represented; and
<br />
<br /> WHEREAS, Section 5103 of the Revenue and Taxation code of
<br />the State of California provides that "Any city for which county
<br />officers collect taxes may provide for the defense by counsel for
<br />the county of actions brought against the city under this article,"
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED: That the City Council of
<br />the City of Santa Ana hereby requests the Honorable Board of
<br />Supervisors of the County of Orange to provide the defense for the
<br />City of Santa Ana in the above-referenced matter by and under the
<br />supervision of the County Counsel of Orange County.
<br />
<br /> BE IT FURTHER RESOLVED: That the Clerk of the Council is
<br />hereby directed to send a certified copy of this Resolution to the
<br />Board of Supervisors of Orange County and a certified copy of this
<br />Resolution to the County Counsel, 308 Hall of Records, Santa Ana,
<br />California.
<br />
<br /> PASSED AND ADOPTED by the City Council of the City of Santa
<br />Ana at its regular meeting held on the 6th day of July, 1964.
<br />
<br />ATTEST:
<br />
<br />CLERK OF THE COUNCIL
<br />
<br />STATE OF CALIFORNIA)
<br />COUNTY OF ORANGE )
<br />CITY OF SANTA ANA )
<br />
<br />SS
<br />
<br /> I, DORIS M. BROWN, do hereby certify that I am the Clerk of
<br />the Council of the City of Santa Aha; that the foregoing Resolution
<br />was regularly introduced to said Council at its regular meeting held
<br />on the 6th day of July, 1964, and was at said meeting regularly
<br />passed and adopted by the following vote, to wit:
<br />
<br /> AYES, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall
<br /> NOES, COUNCILMEN: None
<br /> ABSENT, COUNCILMEN: None
<br />
<br /> CLERK OF THE COUNCIL
<br />
<br />
<br />
|