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BKS: nr 8-3-79 RESOLUTION NO. 79-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY COUNSEL TO DEFEND A TAXPAYER'S ACTION BROUGHT AGAINST THE CITY WHEREAS, an action for refund of property taxes paid was filed in the Superior Court of the County of Orange by The Kroger Company, DBA Market Basket, an Ohio corporation, against County of Orange and City of Santa Ana, et al. on July 24, 1979, Case No. 31-75-14; and WHEREAS, California Revenue and Taxation Code Section 5149 provides as follows: "Any city for which county officers collect taxes may provide for the defense by counsel for the county of actions brought against the city under this article, in which event it shall be the duty of such counsel to defend such actions, or the city may provide that such actions shall be defended by its own counsel;" and WHEREAS, the City Council of the City of Santa Ana desires to have the County Counsel of the County of Orange defend said City in the abovementioned action pursuant to the abovementioned code section. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: 1. That the City of Santa Ana does hereby request the County Counsel of the County of Orange to defend said city in the abovementioned action, Case No. 31-75-14. 2. That the Clerk of the Council is hereby directed to deliver a copy of this resolution to the County Counsel of the County of Orange forthwith. ADOPTED, this 20th day of August 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None ATTEST: 'If OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY