HomeMy WebLinkAbout70-105RESOLUTION 70-105 REQUESTING THAT THE COUNTY OF ORANGE
DEFEND THE ACTION FOR THE RECOVERY OF TAXES PAID UNDER
PROTEST FILED BY DISABLED ~2~ERICAN VETERANS FOUNDATION
OF SANTA ANA, INC., A NON-PROFIT 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
"DISABLED AMERICAN VETERANS FOUNDATION OF SANTA ANA, INC. vs THE
COUNTY OF ORANGE, a Subdivision of the State of California, and CITY
OF SANTA ANA, a Chartered City", Case Number 178095, 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 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 19th day of October, 1970.
ATTEST:
CLERK OF THE COUNCIL
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 resolution
was introduced to said Council at its regular meeting held on the
19th day of October, 1970, and was at said meeting passed and adopted
by the following vote, to wit:
AYES, COUNCILMEN: Nerrin, Evans, Markel, Patterson~ Villa, Yamamot%
Grdset
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
CLERK OF THE COUNCIL