HomeMy WebLinkAboutCC Reso No 1985-03RESOLUTION N0. 85-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIfORNIA, PROVIDING FOR DEFENSE
BY COUNTY COUNSEL OF ACTIONS BROUGHT BY CERTAIN
RAILROADS AGAINST THE CITY, AUTHORIZING COUNTY
COUNSEL TO EMPLOY PRIVATE COUNSEL TO ASSIST IN
THE DEFENSE QF THE CITY IN SUCH ACTIONS, AND
AUTHORIZING THE FINANCE DIRECTOR TO DISBURSE
FUNDS TO COUNTY COUNSEL IN REIMBURSEMENT OF
LEGAL COSTS INCURRED BY TNE COUNTY ON BEHALF OF
THE CITY.
WHEREAS, the City of Lake Elsinore has been sued under
Division 7, Part 9, Chapter 5, Article 2, Section 5140, et. seq.
of the Revenue and Taxation Code for a refund of taxes in actions
naming the Board of Equalization of the State of California and
many counties and cities as defendants; and
WHEREAS, the Revenue and Taxation Code at Section 5149
provides for the defense of cities by County Counsel in actions
filed under said Division 1, Part 9, Chapter 5, Article 2 of the
Revenue and Taxation Code; and
WHEREAS, by Resolution No. 85-2 adopted on January 22,
1985 , the County of Riverside was designated as agent for
service of process for the City of Lake Elsinore for actions filed
under Division l, Part 9, Chapter 5, Article 2, Section 5140 et seq.
of the Revenue and Taxation Code; and
WHEREAS, the City Council approves the joinder by the
County of Riverside with other counties in the state for the
employment of private counsel to assist in defense of the actions,
and further approves the reimbursement of the County for a portion
of the legal costs incurred in the employment of private counsel;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elsinore as follows:
1. The County of Riverside is hereby requested and
authorized to provide for the defense of the City, by and through
County Counsel, in any and all legal actions brought against the
City by Southern Pacific Transportation Company, Atchison, Topeka
& Santa Fe Railway Company, and any and all other railroad
companies for the refund of property taxes.
2. Action taken by the County of Riverside to join with
other counties in the state to employ the San Francisco law firm
of Howard, Rice, Nemerovski, Canady, Robertson and Falk to assist
in the defense of the actions against the counties and cities in the
state, including the City of Lake Elsinore, is hereby ratified
and approved.
3. The Finance Director is authorized and directed to
disburse the sum of $80.66 to the County of Riverside as
reimbursement for a share of the legal fees paid by the County for
, the legal services of such private counsel.
' 4. The City Clerk shall transmit to the Clerk of the
Board of Supervisors, and Gounty Counsel, of Riverside County,
certified copies of this resolution.
ADOPTED by the City Council and signed by the Mayor and
attested by the City Clerk this 22nd day of January 22 ,
1985 .
ATTEST:
~
ANN MONEY, CITY CLERK
TY OF LAKE ELSINORE
U~
ARTA VALENZUELA, M
CITY -0 F LAKE ELSI E
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss.
I, Jo Ann Money City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting of said
Council on the 22nd day of January, 1985 , and
that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
~
ANN MONEY, CITY CLER
TY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss.
I Jo Ann Money, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct
copy of Resolution No. ,85-3 , of said Council, and that the same
has not been amended or repealed.
DATED: January 23, 1985
v C~~-
J ANN MONEY, C TY CLERK
Y OF LAKE ELSINORE
(SEAL)