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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;
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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 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
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SIGNED AND APPROVED this 3rd
of
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(SEAL)
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