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BKS/jd <br />2/14/80 <br /> <br />RESOLUTION NO. 80-41 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA REQUESTING THE COUNTY COUNSEL OF <br />SANTA CLARA COUNTY TO DEFEND A TAXPAYER'S ACTION <br />BROUGHT AGAINST THE CITY <br /> <br /> WHEREAS, an action for refund of property taxes paid was <br />filed in the Superior Court of the County of San Francisco by <br />the Atchison, Topeka and Santa Fe Railway Company, et al. <br />against the State Board of Equalization and City of Santa Ana, <br />et al., Case No. 761819; 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 Council of the City of Santa Ana desires <br />to have the County Counsel of the County of Santa Clara defend <br />said City in the abovementioned action pursuant to the above- <br />mentioned code section. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the <br />City of Santa Ana: <br /> <br /> 1. That the City of Santa Ana does hereby request the <br />County Counsel of the County of Santa Clara to defend said <br />City in the abovementioned action, Case No. 761819. <br /> <br /> 2. That the Clerk of the Council is hereby directed to <br />deliver a copy of this resolution to the County Counsel of the <br />County of Santa Clara forthwith. <br /> <br /> ADOPTED, this 19th day of February , 1980 by the <br />following vote: <br /> <br />AYES: COUNCILMEN: Bricken, <br /> Markel, <br />NOES: COUNCILMEN: None <br /> <br />Griset, Luxembourger, <br />Serrato, Ward, Yamamoto <br /> <br />ABSENT: COUNCILMEN: None <br /> <br />ATTEST: <br /> <br />APPROVED AS TO FORM: <br /> <br />KEITH L. GOW <br />City Attorney <br /> <br /> <br />