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2/7/80
RESOLUTION NO. 80-37
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 International Business Machines Corporation against
County of Orange and City of Santa Ana, et al., on September
13, 1979, Case No. 32-02-54; 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. 32-02-54.
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 19th day of
1980, by the following vote:
February ,
AYES: COUNCILMEN: Bricken, ~riset, Luxembourger,
Markel, Serrato, Ward, Yamamoto
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTEST:
APPROVED AS TO FO~M:
~KEITH L. GOW
CITY ATTORNEY