HomeMy WebLinkAbout64-105RESOLUTION 64-105 REQUESTING THAT THE COUNTY
OF ORANGE DEFEND THE ACTION FOR REFUND OF TAXES
PAID UNDER PROTEST ENTITLED "ALLISON HONER CO.,
A CO--PARTNERSHIP, vs THE COUNTY OF ORANGE, THE
CITY OF SANTA ANA
WHEREAS, the County of Orange has served as the tax
collecting agent for all City of Santa Aha real property taxes
under agreement with said City; that said relationship has existed
for many years last past; and
WHEREAS, an action has been filed in the Superior Court of
the State of California, in and for the County of Orange, entitled
"ALLISON HONER CO., a co-partnership, cc~prised of ALLISON HONER,
HELEN C. HONER, RICHARD HONER, DONALD A. HONER, partners, and
HONER DEVELOPMENT CO., a California corpOration, Plaintiffs, -VS-
THE COUNTY OF ORANGE, THE CITY OF SANTA ANA, Defendants", which
action seeks refund of taxes paid under protest and alleges
improper assessment proceedings on the part of the County of Orange;
and
WHEREAS, the County Counsel's Office, County of Orange, is
ably staffed andhas deputies that are familiar with assessment
procedures, tax collection procedures, and actions for refund of
taxes paid under protest, an~ in the opinion of the City Council,
the defense of the above-entitled action can best be handled by
one office under single direction rather than by having each of the
two defendants individually represented; and
WHEREAS, Section 5103 of the Revenue and Taxation code of
the State of California provides that "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,"
NOW, THEREFORE, BE IT RESOLVED: That the City Council of
the City of Santa Ana hereby requests the Honorable Board of
Supervisors of the County of Orange to provide the defense for the
City of Santa Ana in the above-referenced matter by and under the
supervision of the County Counsel of Orange County.
BE IT FURTHER RESOLVED: That the Clerk of the Council is
hereby directed to send a certified copy of this Resolution to the
Board of Supervisors of Orange County and a certified copy of this
Resolution to the County Counsel, 308 Hall of Records, Santa Ana,
California.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 6th day of July, 1964.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, DORIS M. BROWN, do hereby certify that I am the Clerk of
the Council of the City of Santa Aha; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting held
on the 6th day of July, 1964, and was at said meeting regularly
passed and adopted by the following vote, to wit:
AYES, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
CLERK OF THE COUNCIL