Resolution No. 3842RESOLUTION NO. 3842
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AUTHORIZING THE CITY
ATTORNEY TO ALLOW THE COUNTY COUNSEL OF
THE COUNTY OF ORANGE TO REPRESENT THE
CITY OF CYPRESS' INTEREST IN CERTAIN
PROPERTY TAX REFUND MATTERS WITHIN
CERTAIN PARAMETERS
WHEREAS, corporations and other business entities
have initiated numerous lawsuits against the California
State Board of Equalization, and each County in California
regarding the method of assessment and evaluation for
property tax purposes; and,
WHEREAS, each defendant county, including the
County of Orange, in turn notifies each city and taxing
entity within that county that should a settlement or
judgment be entered in favor of the plaintiff corporation or
business entity that the city and other taxing entities will
be liable for a prorata share of any judgment or settlement
paid by the county; and,
WHEREAS, the County Counsel of the County of Orange
notifies the City and each taxing entity of the opportunity
to intervene in said property tax refund; and,
WHEREAS, the City of Cypress and other taxing
entities are provided with a thirty (30) day opportunity
following notice from the County Counsel to intervene in
said property tax refund matters; and,
WHEREAS, the interests of the County of Orange and
the City of Cypress are generally identical or substantially
similar that allowing the County Counsel of the County of
Orange to represent the City of Cypress' interest in said
property tax refund matters has proven to be the most
economical use of taxpayers' funds; and,
WHEREAS, the City Council of the City of Cypress
finds it to be in the City of Cypress' best interest to
allow the County Counsel of the County of Orange to
represent the City's interest in certain circumstances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CYPRESS DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. The City Attorney is hereby
authorized to allow the County Counsel of the County of
Orange to represent the City of Cypress' interest in certain
property tax refund matters under the following
circumstances:
(a) The City of Cypress is not an
individually named defendant,
(b) A review of the complaint does not
identify any separate or distinct defense
that the City of Cypress may have that
differs from the County of Orange's,
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(c) The City of Cypress' potential liability
does not exceed one - hundred - thousand
dollars, ($100,000.00), and a preliminary
review of the complaint indicates
that intervention by the City of
Cypress would be uneconomical.
SECTION 2. Whenever the City Attorney authorizes
the County Counsel of the County of Orange to represent
the City of Cypress' interest in said property tax refund
matters, that the City Attorney shall notify the City Council
by memorandum of the same within thirty (30) days.
PASSED AND ADOPTED by the City Council of the
City of Cypress at an adjourned regular meeting held on
the 29th day of October 1990.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE C Y OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress
DO HEREBY CERTIFY that the foregoing Resolution was duly
adopted at an adjourned regular meeting held on the 29th
day of October 1990; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel,
Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CIT T CITY OF CYPRESS
Y CLER OF