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~KS: nr <br />6-8-79 <br /> <br />RESOLUTION NO. 79-96 <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 paid <br />was filed in the Superior Court of the County of Sacramento <br />by Southern Pacific Transportation Company et al. against <br />Board of Equalization of the State of California and City of <br />Santa Ana, et al. on May 10, 1979, Case No. 281434; 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 actions 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. 281434. <br /> <br /> 2. That the Clerk of the Council is hereby directed <br />to deliver a copy of this resolution to the County Counsel <br />of the County of Orange forthwith. <br /> <br /> ADOPTED, this 18th day of June , <br />1979, by the following vote: <br /> <br />AYES: COUNCILMEN: Bricken~ <br /> Markel, <br />NOES: COUNCILMEN: None <br />ABSENT: COUNCILMEN: None <br /> <br />Griset, Luxembourger, <br /> Serrato, Ward, Yamamoto <br /> <br />ATTEST: <br /> <br />f~K OF THE CODN~L-- ~----~ -~ <br /> <br />APPROVED AS TO FORM: <br /> <br />CITY ATTORNEY <br /> <br /> <br />