HomeMy WebLinkAboutCC 5 SUP CT CASE 810433 11-7-83DATE:
10/20/s3
CONSENT CALENDAR
No. 5
11-7-83
Inter-Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
SOUTHERN PACIFIC TRANSPORTATION COMPANY V. STATE BOARD
OF EQUALIZATION, ET AL; SAN FRANCISCO SUPERIOR COURT
Pursuant to the advide of the County Counsel of the County of
Orange (copy attached), it is recommended and requested that the
Council authorize the City Attorney to tender the defense of the
above-referenced action to the County of Orange pursuant to
Revenue & Taxation Code §5149.
JGR:se:D:10/17/83(50)
Enclosure*
1. Letter dated 10/17/83 from County Counsel
of Orange County
· Direr Dial Number
OFFICES OF
THE COUNTY COUNSEL
COUNTY OF ORANGE
ORANGE COUNTY HALL OF ADMINISTRATION
10 CIVIC CENTER PLAZA,
'SANTA ANA, CALIFORNIA 9
834-6238
October 17
James G. Rourke, City Attorney
City of Tustin
1055 North Main Street, Suite 1020
Santa Ana, California 92701
Re:
Southern P~cific Transportation Company v.
State Board of Equalization, et al.;
San Francisco Superior Court No. 810433
ADRIAN KUYP;' R
WILLIAM J. McCOURT
SARBARA H. EVANS
Dear Mr. Rourke:
As you may be awa~e of, the above action seeking refund of
property taxes naming as party defendants, among others, the City
of Orange and 21 cities within the County of Orange, including
the City of Tustin, has been distributed to the various
defendants seeking service by Notice and Acknowledgment of Receipt.
Pursuant to Section 5149 of the Revenue and TaXation Code,
you may tender the defense of this action to the County, and the
County Counsel's Office will represent your city in the action.
The County Counsel has determined that the administrative difficul-
ties and potential confusion which could arise from this litigation
can be substantially reduced if you will tender the defense of this
action. Along with other advantages, this will allow the County
Counsel to ensure that all pleadings on your behalf are unifo£m
and that they are filed on a timely basis.
This case is not dissimilar from prior year railroad actions
involving 'your city in which the defense has been tendered to this
office. With regard to this'action, 16 defendant cities, within
the County Of Orange, have thus far tendered their defense.
If you choose to tender the defense of action to the County,
please fDrward minutes of your governing body authorizing such
defense, pursuant to Revenue and Taxation Code Section 5149. We
have obtained an extension to file answer in the action, to
James G. Rourke, City AttOrney
City of Tustin
October 17, 1983
Page 2
December 1, 1983, on behalf of the County and the Defendant
Cities within its boundaries, pending tender of defenses to the
County.
If you have any questions regarding this matter, please
contact the undersigned.
_ Very truly yours,
ADRIAN KUYPER, COUNTY COUNSEL
DJD:sh