HomeMy WebLinkAbout3738
- .
~
RESOLUTION NO. 3738
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
YEARS 1961-1962, 1962-1963 AND 1963-1964.
WHEREAS, pursuant to Title 5, Division 1, Part 2, Chapter
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 performed the func-
tions of assessing property within and collecting taxes for the City
of Arcadia; and,
WHEREAS, Section 5138 of the Revenue and Taxation Code pro-
vides in part that II
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 Article 2 of Chap-
ter 5 of Part 9 of Division 1 of the Revenue and Taxation Code), in
which event it shall be the duty of such counsel to defend such ac-
tions
. .
."; 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. 848494, by the Industrial Brush Company, a California
corporation, against County of Los Angeles, in which the City of
Arcadia is made a party defendant pursuant to Section 5138 of the
Revenue and Taxation Code, seeking judgment against the City of
Arcadia and against the County of Los Angeles 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;
-1-
3738
...
,
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 counsel 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 Administra-
tion, 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,
California, held on the 17th day of
November
, 1964, by the
affirmative vote of at least three Councilmen, to wit:
AYES:
Councilmen Balser, Considine, Forman, Reibold
and Turner
NOES:
None
ABSENT: None
~~a,~
City Clerk of the City of Arcadia
SIGNED AND APPROVED this 17th
day of November ,1964.
A~tI;t C/~ _
Mayor of the City of Arcadia
~~,~
City Clerk ~
(SEAL) -2-
3738