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RESOLUTION 70-89 REQUESTING THAT THE COUNTY OF ORANGE <br />DEFEND THE ACTION FOR THE RECOVERY OF TAXES PAID UNDER <br />PROTEST FILED BY WESTERN TITLE GUARANTY COMPANY, <br />ORANGE COUNTY DIVISION, A CORPORATION, AGAINST THE <br />COUNTY OF ORANGE AND THE CITY OF SANTA ANA <br /> <br /> WHEREAS, the County of Orange has served as the tax collecting <br />agent for the City of Santa Ana ad valorem taxes under an agreement <br />with said City and said relationship has existed for many years last <br />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 />"WESTERN TITLE GUARANTY COMPANY, ORANGE COUNTY DIVISION, a corporation, <br />vs. COUNTY OF ORANGE, a body corporate and politic, and THE CITY OF <br />SANTA ANA, a municipal corporation", Case Number 174766, by which <br />action the plaintiff seeks to recover taxes paid under protest; and <br /> <br /> W~EREAS, 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 single <br />direction rather than having the defendants individually represented <br />by separate counsel, and Section 5103 of the Revenue and Taxation <br />Code of the State of California authorizes the County of Orange, at <br />its option, to provide for the defense of actions of this nature <br />through the office of the County Counsel for cities that are <br />included as defendant; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED: That the City Council of <br />the City of Santa Ana hereby requests the Honorable Board of Super- <br />visors of the County of Orange to provide the defense for the City <br />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 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 Santa <br />Ana at its regular meeting held on the 21st day of September, 1970. <br /> <br />ATTEST: <br /> <br />CLERK OF THE COUNCIL <br /> <br />MAYOR <br /> <br />STATE OF CALIFORNIA) <br />COUNTY OF ORANGE ) SS <br />CITY OF SANTA AHA ) <br /> <br />I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the <br />Council of the City of Santa Ana; that the foregoing resolution was <br />introduced to said Council at its regular meeting held on the 21st <br />day of September, 1970, and was at said meeting passed and adopted <br />by the following vote, to wit: <br /> <br />AYES, <br /> <br />NOES, <br />ABSENT, <br /> <br />COUNCILMEN: <br /> <br />COUNCILMEN: <br />COUNCILMEN: <br /> <br />Herrin, Evans, Markel, Patterson, Villa, <br />Yamamoto, Griset <br />None <br />None <br /> <br /> CLERK OF THE COUNCIL <br /> <br /> <br />