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RESOLUTION NO. 3628
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 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
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 ". . . 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 Chapter 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 actions. . ."; 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. 828882, by the United States National Bank of San
Diego against Los Angeles County and the,City of Arcadia, 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
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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, held
on the 3rd day of December,1963 , by the affirmative vote of at
least three Councilmen, to wit:
AYES:
Councilmen Balser, Butterworth, Reibo1d,
Turner and Phillips
NOES:
None
ABSENT:
None
M~~);~~
City Clerk of the City of Arcadia
SIGNED AND APPROVED THIS 3rd day of December, 1963.
~~~Arcadia
(SEAL)
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3628