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HomeMy WebLinkAbout64-149RESOLUTION 64-149 REQUESTING THAT THE COUNTY OF ORANGE DEFEND THE ACTION FOR RECOVERY OF TAXES PAID UNDER PROTEST FILED BY CROCKER- CITIZENS NATIONAL BANK AGAINST THE COUNTY OF ORANGE, THE CITY OF SANTA ANA AND OTHER DEFENDANTS WHERF2%S, 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 Orange County entitled "CROCKER-CITIZENS NATIONAL BANK, a national banking association, Plaintiffs, -vs- COUNTY OF ORANGE, a body oorporate and politic; THE CITY OF COSTA MESA, a municipal corpora- tion; THE CITY OF GARDEN GROVE, a municipal corporation; THE CITY OF LA HABRA, a municipal corporation; THE CITY OF FULLERTON, a municipal corporation; THE CITY OF SANTA ANA, a municipal corpora- tion, Defendants", which action seeks to recover taxes paid under protest and alleges improper assessment procedures; and WHEREAS, the County Counsel's Office, County of Orange, is ably staffed and has deputies that are familiar with assessment procedures, tax collection procedures, and actions for refund of taxes paid under protest, and, 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 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 Aha hereby requests the Honorable Board of Super- visors of the County of Orange to provide the defense for the City of Santa Ana in the above-referenced matter by and under the super- vision 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 ~th day of October, 1964. ~%~TEST: STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the }th day of October, 1964, and was at said meeting regularly passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Hubbard, Gilmore, Scklueter, NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Harvey , ,