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RESOLUTION 70-105 REQUESTING THAT THE COUNTY OF ORANGE <br />DEFEND THE ACTION FOR THE RECOVERY OF TAXES PAID UNDER <br />PROTEST FILED BY DISABLED ~2~ERICAN VETERANS FOUNDATION <br />OF SANTA ANA, INC., A NON-PROFIT CORPORATION, AGAINST <br />THE 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 the <br />State of California in and for the County of Orange, entitled <br />"DISABLED AMERICAN VETERANS FOUNDATION OF SANTA ANA, INC. vs THE <br />COUNTY OF ORANGE, a Subdivision of the State of California, and CITY <br />OF SANTA ANA, a Chartered City", Case Number 178095, by which action <br />the plaintiff seeks to recover taxes paid under protest; and <br /> <br /> W~EREAS, the County Counsel's office of Orange County is ably <br />staffed and has deputies who are familiar with assessment procedures <br />and tax collection procedures, and have experience in actions for <br />refund of taxes paid under protest; and, in the opinion of the City <br />Council of the City of Santa Ana, the defense in the above-entitled <br />action can best be handled by one office under single direction <br />rather than having the defendants individually represented by separate <br />counsel, and Section 5103 of the Revenue and Taxation Code of the <br />State of California authorizes the County of Orange, at its option, <br />to provide for the defense of actions of this nature through the <br />office of the County Counsel for cities that are included as defendant; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED: That the City Council of the <br />City of Santa Ana hereby requests the Honorable Board of Supervisors <br />of the County of Orange to provide the defense for the City of Santa <br />Ana in the above referenced matter by and under the supervision of <br />the County Counsel of Orange County. <br /> <br /> BE IT FURTHER RESOLVED: That the Clerk of the Council is hereby <br />directed to deliver a certified copy of this Resolution to the Board <br />of Supervisors of Orange County and a certified copy of this Resolution <br />to the County Counsel of Orange County. <br /> <br /> PASSED AND ADOPTED by the City Council of the City of Santa Ana <br />at its regular meeting held on the 19th day of October, 1970. <br />ATTEST: <br /> <br />CLERK OF THE COUNCIL <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 of <br />the Council of the City of Santa Ana; that the foregoing resolution <br />was introduced to said Council at its regular meeting held on the <br />19th day of October, 1970, and was at said meeting passed and adopted <br />by the following vote, to wit: <br /> <br /> AYES, COUNCILMEN: Nerrin, Evans, Markel, Patterson~ Villa, Yamamot% <br /> Grdset <br /> NOES, COUNCILMEN: None <br /> ABSENT, COUNCILMEN: None <br /> <br />CLERK OF THE COUNCIL <br /> <br /> <br />