HomeMy WebLinkAbout1983-324
1
i
,
:i
,I
II RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING THE
II COUNTY OF SAN BERNARDINO AS CITY'S AGENT FOR SERVICE OF PROCESS
IIFOR ANY AND ALL ACTIONS BROUGHT AGAINST THE CITY UNDER THE
!IPROVISIONS OF REVENUE AND TAXATION CODE SECTION 5096, ET SEQ., AND
[REQUESTING SAN BERNARDINO COUNTY COUNSEL TO PROVIDE DEFENSE FOR
liTHE CITY OF SAN BERNARDINO IN PENDING LAWSUIT AND SIMILAR
,i LAWSUITS.
ji
II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
II SAN BERNARDINO AS FOLLOWS:
!
I
I
Ii
'I
i
i
I
land numerous other cities and counties in the State of California,
RESOLUTION NO.
83-324
2
3
4
5
6
7
8
SECTION 1.
Recitals.
9
(a)
The City of San Bernardino, the County of San Bernardino
10
11
I
I
lare presently being sued by Southern Pacific Transportation
Ii Company and others, seeking refund of taxes paid under the
II/provisions of Revenue and Taxation Code Section 5096, et seq.
I (b) Revenue and Taxation Code Section 5149 authorizes a city
I
Ito designate the county as the city's agent for service of process
I
Ifor any and all actions brought against the city under these
Iprovisions of the Revenue and Taxation Code. When so designated
las agent for service of process, the County Counsel's office is
I
iauthorized to undertake the defense on behalf of the city in the
I
12
I"
j
14
15
16
17
18
19
20
matter.
21
SECTION 2. Implementation.
(a) The City of San Bernardino hereby designates the County
22
i
i
I
lof
San Bernardino as its agent for service of process for any and
23
24
all actions brought against the City of San Bernardino under
25
Division 1, Part 9, Chapter 5, Article 2 of the Revenue and
26
I Taxation Code, being Sections 5096 through 5149.5, inclusive, of
I
I
I
I
i
I
27
the Revenue and Taxation Code.
This designation is pursuant to
28
the provisions of Section 5149 of that code.
22
23
1
(b) The City of San Bernardino hereby requests the County
2
Counsel for the County of San Bernardino to undertake the defense
3
of the City of San Bernardino of that certain lawsuit filed by
4
southern Pacific Transportation Company and others against the
5
city of San Bernardino, the County of San Bernardino, and others,
6
lin the San Francisco Superior Court, being case no. 810433, and to
i
Ifurther undertake defense of any future such actions unless and
I
luntil,t:::E:~t::::::yi:h::t:::a::~egOing resolution was duly
adopted by the Mayor and Common Council of the City of San
7
8
9
10
11
Bernardino at a n adjourned regular
meeting thereof, held
12
on the 23rd day of
, 1983, by the following
September
13 vote, to wit:
14
AYES:
Council Members
Castaneda. Reillv. ~~arks.
15
Quiel. Frazier. Strickler
16
NAYS:
None
17
ABSENT:
Councilman Hernandez
18
~$;;7:b ~,1h
/ City C erk
The foregoing resolution is hereby approved this ~77-i day
19
20
21
of
, 1983.
Sentember
24 Approved as to form:
25 /&~~52
26 City A~torney
27
28