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2/14/80
RESOLUTION NO. 80-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REQUESTING THE COUNTY COUNSEL OF
SANTA CLARA COUNTY TO DEFEND A TAXPAYER'S ACTION
BROUGHT AGAINST THE CITY
WHEREAS, an action for refund of property taxes paid was
filed in the Superior Court of the County of San Francisco by
the Atchison, Topeka and Santa Fe Railway Company, et al.
against the State Board of Equalization and City of Santa Ana,
et al., Case No. 761819; 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 Council of the City of Santa Ana desires
to have the County Counsel of the County of Santa Clara defend
said City in the abovementioned action pursuant to the above-
mentioned 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 Santa Clara to defend said
City in the abovementioned action, Case No. 761819.
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 Santa Clara forthwith.
ADOPTED, this 19th day of February , 1980 by the
following vote:
AYES: COUNCILMEN: Bricken,
Markel,
NOES: COUNCILMEN: None
Griset, Luxembourger,
Serrato, Ward, Yamamoto
ABSENT: COUNCILMEN: None
ATTEST:
APPROVED AS TO FORM:
KEITH L. GOW
City Attorney