HomeMy WebLinkAboutResolution - 1552 1 RESOLUTION NO. 1552
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3 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF San Jacinto , CALIFORNIA
4 PROVIDING FOR DEFENSE BY COUNTY COUNSEL
OF ACTIONS BROUGHT BY CERTAIN RAILROADS
5 AGAINST THE CITY, AUTHORIZING COUNTY
COUNSEL TO EMPLOY PRIVATE COUNSEL TO
6 ASSIST IN THE DEFENSE OF THE CITY IN
SUCH ACTIONS, AND AUTHORIZING THE
7 FINANCE DIRECTOR TO DISBURSE FUNDS TO
COUNTY COUNSEL IN REIMBURSEMENT OF
8 LEGAL COSTS INCURRED BY THE COUNTY
ON BEHALF OF THE CITY.
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10 WHEREAS the City of San Jacinto has been sued
11 under Division 1 , Part 9, Chapter 51 Article 2, Section 5140, et.
12 seq. of the Revenue and Taxation Code for a refund of taxes in
13 actions naming the Board of -Equalization of the State of California
14 and many cities and counties as defendants; and
15 WHEREAS the Revenue and Taxation Code at Section 5149
16 provides for the defense of cities by County Counsel in actions
17 filed under said Division 1, Part 91 Chapter 51 Article 2 of the
18 Revenue and Taxation Code; and
19 WHEREAS, by Resolution No. 1551 adopted on October
20 3rd 1984 the County of Riverside was designated as agent for ser-
21 vice of process for the City of San Jacinto for actions
22 filed under Division I, Part 9, Chapter 5, Article 2, Section 5140
23 et. seq. of the Revenue and Taxation Code; and
24 WHEREAS, the City Council approves the joinder by the
25 County of Riverside with other counties in the state for the
26 employment of private counsel to assist in defense of the actions,
27 and further approves the reimbursement of the County for a portion
28 of the legal costs incurred in the employment of private counsel;
i.RALD J.GEERLINGS
tDUNTY COUNSEL
SUITE 300
,U35-IDTH STREET
'ERSIDE CALIFORNIA
I NOW, THEREFORE, BE IT RESOLVED by the City Council of the
2 City of San Jacinto as follows:
3 1 . The County of Riverside is hereby requested and
4 authorized to provide for the defense of the City, by and through
5 County Counsel, in any and all legal actions brought against the
6 city by Southern Pacific Transportation Company, Atchison, Topeka
7 & Santa Fe Railway Company, and any and all other railroad com-
8 panies for the refund of property taxes.
9 2. Action taken by the County of Riverside to join with
10 other counties in the state to employ the San Francisco law firm
11 of Howard, Rice, Nemerovski, Canady, Robertson and Falk to assist
12 in the defense of the actions against the counties and cities in
13 the state, including the City of San Jacinto , is hereby
14 ratified and approved.
15 3 . The Finance Director is authorized and directed to
16 disburse the sum of $ 21.60 to the County of Riverside as
17 reimbursement for a share of the legal fees paid by the County for
18 the legal services of such private counsel.
19 4. The City Clerk shall transmit to the Clerk of the
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Board of Supervisors, and County Counsel, of Riverside County,
21 certified copies of this resolution.
22 Adopted by the City Council, signed by the Mayor and
23 attested by the City Clerk this 2nd day of October , 1984 .
24 ATTEST:
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27 DEPIUTYF CITY CLERK MA OR
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!.GEERLINGS
Y COUNSEL
ITE3W /2/
JTH STREET
CALIFORNIA
1 I, Helen Sherman, Deputy City Clerk of the City of
2 San Jacinto California, hereby certify that the
3 foregoing resolution was duly and regularly introduced and adopted
4 by the City Council of said City at its meeting held on the 2nd
5 day of October , 1984, by the following vote, to wit:
6 Ayes: Councilmen Visser, Divine, Rose, Stevens and Stuart
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8 Noes: None
9 Absent: None
10 IN WITNESS WHEREOF I have hereunto set my hand and
11 affixed the official seal of the City of San Jacinto
12 California, this 3rd day of October , 1984.
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16 (SEAL) f��'"
Deputy CiAyCrk of the City of
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r.F RALD J.GEERUNGS
COUNTY COUNSEL
SUITE 300 /3/
39M, IOTTI STREET
I,.,!FPSInF rAI IFORNIA