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BKS/jd <br />3/11/80 <br /> <br />RESOLUTION NO. 80-53 <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 AND REPEALING RESOLUTION NO. 80-41 <br /> <br /> WHEREAS, an action for refund of property taxes paid <br />was filed in the Superior Court of the County of San Francisco <br />by the Atchison, Topeka and Santa Fe Railway Company, et al. <br />against the State Board of Equalization and City of Santa <br />Ana, 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 <br />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 defend said City in the <br />abovementioned action pursuant to the abovementioned code <br />section. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />the City of Santa Ana: <br /> <br /> 1. That the City of Santa Ana does hereby request the <br />County Counsel to defend said City in the abovementioned <br />action, Case No. 761819. <br /> <br /> 2. That Resolution No. 80-41 adopted on February 19, <br />1980 is repealed. <br /> <br /> 3. That the Clerk of the Council is hereby directed <br />to deliver a copy of this resolution to the County Counsel <br />forthwith. <br /> <br /> ADOPTED, this l?th day of <br />following vote: <br /> <br />March , 1980 by the <br /> <br />AYES: COUNCILMEN: Bricken, Luxembourger, Markel, <br /> Serrato, Yamamoto <br />NOES: COUNCILMEN: None <br /> <br />ABSENT: <br /> <br />COUNCILMEN: Griset, Ward <br /> <br />ATTEST: <br /> <br />APPROVED AS TO FORM: <br /> <br />KEITH L. GOW <br />City Attorney <br /> <br /> <br />