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11/1/78
RESOLUTION NO. 78-138
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REQUESTING THE COUNTY
COUNSEL TO DEFEND A TAXPAYER'S ACTION
BROUGHT AGAINST THE CITY
WHEREAS, an action for excessive taxes paid was filed
by McFarlane, McFarlane & Duffy against Bob L. Citron, Tax
Collector of the County of Orange; E.A. Heim, Auditor-Controller
of the County of Orange; Board of Supervisors, County of Orange,
City of Santa Ana on October 18, 1978, Case No. 300098; and
WHEREAS, California Revenue and Taxation Code Section
5149 provides as follows: "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,
in which event it shall be the duty of such counsel to defend
such actions, or the city may provide that such actions shall
be defended by its own counsel;" and
WHEREAS, the City of Santa Aha desires to have the
County Counsel of the County of Orange defend said City in the
abovementioned action pursuant to the abovementioned code section.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana:
1. That the City of Santa Ana does hereby request
the County Counsel of the County of Orange to defend said city
in the abovementioned action, Case No. 300098.
2. That the Clerk of the Council is hereby directed
to deliver a copy of this resolution to the County Counsel of
the County of Orange forthwith.
ADOPTED, this 6th day of
by the following vote:
AYES: COUNCILMEN: Ward, Brandt,
Evans, Garthe
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: 0rtiz
ATTEST:
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
November , 1978,
Bricken, Yamamoto,
MAYOR