HomeMy WebLinkAbout70-089RESOLUTION 70-89 REQUESTING THAT THE COUNTY OF ORANGE
DEFEND THE ACTION FOR THE RECOVERY OF TAXES PAID UNDER
PROTEST FILED BY WESTERN TITLE GUARANTY COMPANY,
ORANGE COUNTY DIVISION, A CORPORATION, AGAINST THE
COUNTY OF ORANGE AND THE CITY OF SANTA ANA
WHEREAS, the County of Orange has served as the tax collecting
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, entitled
"WESTERN TITLE GUARANTY COMPANY, ORANGE COUNTY DIVISION, a corporation,
vs. COUNTY OF ORANGE, a body corporate and politic, and THE CITY OF
SANTA ANA, a municipal corporation", Case Number 174766, by which
action the plaintiff seeks to recover taxes paid under protest; and
W~EREAS, 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 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
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 21st day of September, 1970.
ATTEST:
CLERK OF THE COUNCIL
MAYOR
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA AHA )
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the
Council of the City of Santa Ana; that the foregoing resolution was
introduced to said Council at its regular meeting held on the 21st
day of September, 1970, and was at said meeting passed and adopted
by the following vote, to wit:
AYES,
NOES,
ABSENT,
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Herrin, Evans, Markel, Patterson, Villa,
Yamamoto, Griset
None
None
CLERK OF THE COUNCIL