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CM:adg <br />11/1/78 <br /> <br />RESOLUTION NO. 78-138 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA REQUESTING THE COUNTY <br />COUNSEL TO DEFEND A TAXPAYER'S ACTION <br />BROUGHT AGAINST THE CITY <br /> <br /> WHEREAS, an action for excessive taxes paid was filed <br />by McFarlane, McFarlane & Duffy against Bob L. Citron, Tax <br />Collector of the County of Orange; E.A. Heim, Auditor-Controller <br />of the County of Orange; Board of Supervisors, County of Orange, <br />City of Santa Ana on October 18, 1978, Case No. 300098; and <br /> <br /> WHEREAS, California Revenue and Taxation Code Section <br />5149 provides as follows: "Any city for which county officers <br />collect taxes may provide for the defense by counsel for the <br />county of actions brought against the city under this article, <br />in which event it shall be the duty of such counsel to defend <br />such actions, or the city may provide that such actions shall <br />be defended by its own counsel;" and <br /> <br /> WHEREAS, the City of Santa Aha desires to have the <br />County Counsel of the County of Orange defend said City in the <br />abovementioned action pursuant to the abovementioned code section. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council <br />of the City of Santa Ana: <br /> <br /> 1. That the City of Santa Ana does hereby request <br />the County Counsel of the County of Orange to defend said city <br />in the abovementioned action, Case No. 300098. <br /> <br /> 2. That the Clerk of the Council is hereby directed <br />to deliver a copy of this resolution to the County Counsel of <br />the County of Orange forthwith. <br /> <br /> ADOPTED, this 6th day of <br />by the following vote: <br /> <br /> AYES: COUNCILMEN: Ward, Brandt, <br /> Evans, Garthe <br /> NOES: COUNCILMEN: None <br /> <br />ABSENT: COUNCILMEN: 0rtiz <br /> <br />ATTEST: <br /> <br />APPROVED AS TO FORM: <br /> <br />KEITH L. GOW <br />CITY ATTORNEY <br /> <br />November , 1978, <br /> <br /> Bricken, Yamamoto, <br /> <br />MAYOR <br /> <br /> <br />