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HomeMy WebLinkAbout3683 RESOLUTION NO. 3683 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 1961-1962. \VHEREAS, 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 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 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 . . II, . , and, \'/HEREAS, 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. 797861, by the Rancho Santa Anita, Inc., a California corpora- tion against LOS Angeles County, 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- 3683 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 Taxa- tion 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 Arca- dia 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 Administration, 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, Cali- fornia, held on the 3rd day of June , 1964; by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Considine, Forman and Reibold NOES: None ABSENT: Mayor Turner ~(?itr'~~ SIGNED AND APPROVED this 3rd of ~ ~{ lJttU:/~ (SEAL) -2- 3683