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3-29-79
RESOLUTION NO. 79-51
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 J. C. Penney Company, Inc. against County of Orange and
City of Santa Ana, et al. on March 9, 1979, Case No. 30-89-
06; 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 actio~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. 30-89-06.
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 2nd day of April ,
1979, by the following vote:
AYES:
COUNCILMEN: Brandt, Evans, Garthe, Ward, Yamamot
NOES: COUNCILMEN: None
AB SENT: COUNC I LMEN:
ATTE ST:
CLERK OF THE~COu~IL/~/
Bricken/ 0rtiz
MAYOR
APPROVED AS TO FORM:
KE~TH n.! GOWu ' ~
CITY ATTORNEY