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BKS/jd <br />4/16/80 <br /> <br />RESOLUTION NO. 80-75 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OP SANTA ANA REQUESTING THE COUNTY COUNSEL TO <br />DEFEND A TAXPAYER'S ACTION BROUGHT AGAINST THE <br />CITY <br /> <br /> WHEREAS, an action for refund of property taxes paid was <br />filed in the Superior Court of the County of Sacramento by the <br />Southern Pacific Transportation Company against Board of <br />Equalization of the State of California, et al., on Case No. <br />282416; 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 <br />desires to have the County Counsel of the County of Orange <br />defend said City in the abovementioned action pursuant to the <br />abovementioned 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 Orange to defend said city in <br />the abovementioned action, Case No. 282416. <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 Orange forthwith. <br /> <br /> ADOPTED, this 21st day of April , 1980, <br />by the following vote: <br /> <br />AYES: COUNCILMEN: <br />NOES: COUNCILMEN: <br /> <br />Bricken, Griset, Luxembourger, <br /> Markel, Serrato, Ward, Yamamoto <br />None <br /> <br />ABSENT: COUNCILMEN: None <br /> <br />ATTEST: <br /> <br />APPROVE AS TO FORM: <br /> <br />KEITH L. GOW <br />CITY ATTORNEY <br /> <br /> <br />