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BKS: nr <br />3-29-79 <br /> <br />RESOLUTION NO. 79-51 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA REQUESTING THE COUNTY COUNSEL <br />TO DEFEND A TAXPAYER'S ACTION BROUGHT AGAINST <br />THE CITY <br /> <br /> WHEREAS, an action for refund of property taxes <br />paid was filed in the Superior Court of the County of Orange <br />by J. C. Penney Company, Inc. against County of Orange and <br />City of Santa Ana, et al. on March 9, 1979, Case No. 30-89- <br />06; and <br /> <br /> WHEREAS, California Revenue and Taxation Code <br />Section 5149 provides as follows: "Any city for which <br />county officers collect taxes may provide for the defense by <br />counsel for the county of actio~brought against the city <br />under this article, in which event it shall be the duty of <br />such counsel to defend such actions, or the city may provide <br />that such actions shall be defended by its own counsel;" and <br /> <br /> WHEREAS, the City Council of the City of Santa Ana <br />desires to have the County Counsel of the County of Orange <br />defend said City in the abovementioned action pursuant to <br />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 <br />city in the abovementioned action, Case No. 30-89-06. <br /> <br /> 2. That the Clerk of the Council is hereby <br />directed to deliver a copy of this resolution to the County <br />Counsel of the County of Orange forthwith. <br /> <br />ADOPTED, this 2nd day of April , <br />1979, by the following vote: <br /> <br />AYES: <br /> <br />COUNCILMEN: Brandt, Evans, Garthe, Ward, Yamamot <br /> <br />NOES: COUNCILMEN: None <br /> <br /> AB SENT: COUNC I LMEN: <br />ATTE ST: <br /> <br />CLERK OF THE~COu~IL/~/ <br /> <br />Bricken/ 0rtiz <br /> <br />MAYOR <br /> <br />APPROVED AS TO FORM: <br /> <br />KE~TH n.! GOWu ' ~ <br />CITY ATTORNEY <br /> <br /> <br />