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RESOLUTION 69-147 REQUESTING THAT THE COUNTY <br />OF ORANGE DEFEND THE ACTION FOR RECOVERY OF <br />TAXES PAID UNDER PROTEST FILED BY TM~ORT <br />BUYERS CORPORATION ET AL AGAINST THE COUNTY <br />OF ORANGE AND THE CITY OF SANTA ANA ET AL <br /> <br /> WHEREAS, the County of Orange has served as the tax col- <br />lecting agent for the City of Santa Ana ad valorem taxes under <br />an agreement with said City and said relationship has existed <br />for many years last past; and <br /> <br /> WHEREAS, an action has been filed in the Superior Court <br />of the State of California in and for the County of Orange, en- <br />titled IMPORT BUYERS CORPORATION BY HARRY STEWART, RESPONSIBLE <br />MANAGING OFFICER, and HARRY STEWART, an individual, vs. COUNTY <br />OF ORANGE, and THE CITY OF GARDEN GROVE, and THE CITY OF SANTA <br />ANA" Orange County Superior Court No. 169 341, by which action <br />the plaintiff seeks to recover taxes paid under protest; and <br /> <br /> WHEREAS, the County Counsel's office of Orange County is <br />ably staffed and has deputies who are familiar with assessment <br />procedures and tax collection procedures, and have experience in <br />actions for refund of taxes paid under protest; and, in the opinion <br />of the City Council of the City of Santa Ana, the defense in the <br />above-entitled action can best be handled by one office under <br />single direction rather than having the defendants individually <br />represented by separate counsel, and Section 5103 of the Revenue <br />and Taxation Code of the State of California authorizes the <br />County of Orange, at its option, to provide for the defense of <br />actions of this nature through the office of the County Counsel <br />for cities that are included as defendant; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED: That the City Council <br />of the City of Santa Ana hereby requests the Honorable Board of <br />Supervisors of the County of Orange to provide the defense for <br />the City of Santa Ana in the above referenced matter by and under <br />the 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 deliver a certified copy of this resolution to <br />the Board of Supervisors of Orange County and a certified copy of <br />this resolution to the County Counsel of Orange County. <br /> <br /> PASSED AND ADOPTED by the City Council of the City of <br />Santa Ana at its regular meeting held on the 6th day of October, <br />1969. <br /> <br />ATTEST: <br /> <br />MAYOR <br /> <br />STATE OF CALIFORNIA ) <br />COUNTY OF ORANGE ) SS <br />CITY OF SANTA ANA ) <br /> <br /> I, FLORENCE I. MALONE, do hereby certify that I am the Clerk <br />of the Council of the city of Santa Ana; that the foregoing resolu- <br />tion was introduced to said Council at its regular meeting held on <br />the 6th day of October, 1969, and was at said meeting passed and <br />adopted by the following vote, to wit: <br /> <br />AYES, <br /> <br />COUNCILMEN: Herrin, Evans, Markel, Patterson, V~lla, Griset <br /> <br />NOES, <br /> <br />COUNCILMEN: None <br /> <br />ABSENT, COUNCILMEN: Brooks <br /> <br />CLERK OF THE COUNCIL <br /> <br /> <br />