HomeMy WebLinkAbout69-147RESOLUTION 69-147 REQUESTING THAT THE COUNTY
OF ORANGE DEFEND THE ACTION FOR RECOVERY OF
TAXES PAID UNDER PROTEST FILED BY TM~ORT
BUYERS CORPORATION ET AL AGAINST THE COUNTY
OF ORANGE AND THE CITY OF SANTA ANA ET AL
WHEREAS, the County of Orange has served as the tax col-
lecting agent for the City of Santa Ana ad valorem taxes under
an agreement with said City and 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, en-
titled IMPORT BUYERS CORPORATION BY HARRY STEWART, RESPONSIBLE
MANAGING OFFICER, and HARRY STEWART, an individual, vs. COUNTY
OF ORANGE, and THE CITY OF GARDEN GROVE, and THE CITY OF SANTA
ANA" Orange County Superior Court No. 169 341, by which action
the plaintiff seeks to recover taxes paid under protest; and
WHEREAS, the County Counsel's office of Orange County is
ably staffed and has deputies who are familiar with assessment
procedures and tax collection procedures, and have experience in
actions for refund of taxes paid under protest; and, in the opinion
of the City Council of the City of Santa Ana, the defense in the
above-entitled action can best be handled by one office under
single direction rather than having the defendants individually
represented by separate counsel, and Section 5103 of the Revenue
and Taxation Code of the State of California authorizes the
County of Orange, at its option, to provide for the defense of
actions of this nature through the office of the County Counsel
for cities that are included as defendant;
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 deliver 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 of Orange County.
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the 6th day of October,
1969.
ATTEST:
MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the city of Santa Ana; that the foregoing resolu-
tion was introduced to said Council at its regular meeting held on
the 6th day of October, 1969, and was at said meeting passed and
adopted by the following vote, to wit:
AYES,
COUNCILMEN: Herrin, Evans, Markel, Patterson, V~lla, Griset
NOES,
COUNCILMEN: None
ABSENT, COUNCILMEN: Brooks
CLERK OF THE COUNCIL