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1980 is repealed.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