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RESOLUTION NO. 3774
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
PROVIDING FOR THE DEFENSE BY THE
COUNTY COUNSEL OF LOS ANGELES COUNTY
OF AN ACTION BROUGHT AGAINST THE
CITY OF ARCADIA FOR THE REFUND OF
TAXES ASSESSED AND COLLECTED FOR
THE FISCAL YEAR 1962-1963 BY
WESTINGHOUSE ELECTRIC CORPORATION.
WHEREAS, pursuant to Title 5, Division 1, Part 2, Chap-
ter 2 of the Government Code, the City of Arcadia has transferred
to the County of Los Angeles the duty of assessing and collecting
city taxes, pursuant to which the County of Los Angeles has per-
formed the functions of assessing property within and collecting
taxes for the City of Arcadia; and,
WHEREAS, Section 5138 of the Revenue and Taxation Code
provides in part that It. . . 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 (being Arti-
cle 2 of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxa-
tion Code), in which event it shall be the duty of such counsel to
defend such actions . . .It; and,
WHEREAS, an action has been brought in the Superior Court
of the State of California in and for the County of Los Angeles,
being Case No. 840485, by Westinghouse Electric Corporation against
Los Angeles County and the City of Arcadia, et al, seeking judgment
against the City of Arcadia and against the County of Los Angeles,
et al, for the amount of taxes collected by the County of Los
Angeles in part for the City of Arcadia and in part for the County
of Los Angeles, which taxes were allegedly erroneously assessed
and paid under protest;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City of Arcadia does hereby elect
to avail itself of the provisions of Section 5138 of the Revenue
and Taxation Code and does hereby provide for the defense by coun-
sel of the County of Los Angeles of the aforesaid action brought
against the City of Arcadia, and does hereby request and authorize
the County Counsel of the County of Los Angeles to appear for and
represent the City of Arcadia in aforesaid action and to defend
the City of Arcadia against the same.
SECTION 2. The City Clerk shall certify to the adoption
of this resolution and shall forward a certified copy hereof to
the County Counsel of Los Angeles County, Room 650, Hall of Admini-
stration, 500 West Temple Street, Los Angeles 12, California.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia
held on the 16TH
day of
MARCH
, 1965, by the affirmative
vote of at least three Councilmen, to wit:
AYES: COUNCILMEN BALSER, CONSIDINE, FORMAN, REIBOLD AND TURNER
NOES: NONE
ABSENT: NONE
~~i?,a.~ ~
City Clerk of the City of Arcadia
SIGNED AND APPROVED this
16th day of MARCH ,1965.
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Mayor of the City of Arcadia
ATTEST:
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City Clerk
(SEAL)
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