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HomeMy WebLinkAbout3329 " .' " RESOLUTION NO. 3329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE DEFENSE BY T~ COUNTY COUNSEL OF, LOS ANGELES COUNTY OF AN ACTION BROUGHT AGAINST THE CITY OF ARCADIA FOR THE REFUND OF TAXES. WHEREAS, pursuant to Title 5"Division I, Part 2, Chap- ter 2 of the Governmerit,Code, the City of Arcadia,hastransferred to the County of Los Angeles the duty of assessing and collect~ng -- , cit! taxes, pu~suant 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 ". . . 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. . ."; and, WHE~AS, an action has been brought in the Municipal Court of Santa An~ta Judicial District, County of Los Angeles, State of California, being Case No. 5195, by_the United States Nati~nal Bank of San Diego against Los Angeles CountY,~nd 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, OOES RESOLVE AS FOL~WS: SECT~ON 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 -1- 3329 v '" the County of Los Angeles of the aforesaid action brought against the City of Arcadi~, and does hereby request ,and authorize the County Counse 1 of the Count;y of Los, Angeles to appear for and represent the City of Arcadia in aforesaid action and to defend the City of Arcadia aga+nst the same. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall forward a ce~tified copy hereof to the County Counsel of Los Angeles County, Room 468, 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 20th day of December , 1960, by the affirma- tive vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Butterworth, Phillips, Reibold and Camphouse NOES: ,. None ABSENT: None .' eftd:z;;a d /;t?L-.0~ ,C~ty,Clerk of the City of ,Arcadia SIGNED AND APPROVED this 20th day of December , 1960. ATTEST: (SEAL) -2- 3329