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08-10 RESOLUTION NO. 08-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,AUTHORIZING THE CITY ATTORNEY TO ALLOW THE COUNTY COUNSEL FOR THE COUNTY OF RIVERSIDE TO REPRESENT THE CITY OF MENIFEE'S INTERESTS IN CERTAIN PROPERTY TAX REFUND MATTERS WITHIN CERTAIN PARAMETERS Whereas,the City of Menifee was incorporated on October 1,2008,as a general law city of the State of California; and 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 Riverside, 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 each such city and other taxing entity will be liable for a prorata share of any judgment or settlement paid by such county; and Whereas, the County Counsel of the County of Riverside notifies the City of the opportunity to intervene in such property tax refund matters; and Whereas, the City is provided with a thirty (30) day opportunity following notice from the County Counsel to intervene in such property tax refund matters; and Whereas,the interests of the County and the City are generally identical or substantially similar that allowing the County Counsel to represent the City's interest in such property tax refund matters has proven to be the most economical use of taxpayers funds; and Whereas, the City Council finds it to be in the City's best interest to allow the County Counsel to represent the City's interest in certain circumstances with respect to such property tax refund matters. NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows: SECTION 1. The City Attorney is hereby authorized to allow the County Counsel of the County of Riverside to represent the City's interest in certain property tax refund matters under the following circumstances: (a) The City is not an individually named defendant; (b) A review of the complaint does not identify any separate or distinct defense that the City may have that differs from the County; and (c) The City's potential liability does not exceed one hundred thousand dollars ($100,000),and a preliminary review of the complaint indicates that intervention by the City would be uneconomical. SECTION 2. Whenever the City Attorney authorizes the County Counsel to represent the City's interest in such property tax refund matters,the City Attorney shall notify the City Council by memorandum of such authorization within thirty(30)days. 4849-3009-6643.1 1 PASSED, APPROVED,AND ADOPTED this 1st day of October, 2008, as follows: Ayes:( �(��Yu+-C,�� (ES=3✓;�/ .L.t �) 71Cc?,i� ict L.�' Noes: �L A4-- Absent: _j,)t" l"— Abstain: 11 L u- Wallace W. Edgerton, ayor Attest: A& Kafhyf3ennett, City Clerk Approved as to form: Elizab th Martyn, Interim City A torney 4849-3009-6643 1 2