HomeMy WebLinkAboutCC RES 91-125 2
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RESOLUTION NO. 91-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA REGARDING THE ORANGE COUNTY-CITY HAZARDOUS
MATERIAL EMERGENCY RESPONSE AUTHORITY AND ASSIGNING
CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY
WHEREAS, the city of Tustin contracts for services from the
Orange County Fire Department with respect to fire fighting,
rescue, fire prevention and emergency medical services; and
WHEREAS, the Orange County Fire Department augmented its
services to make hazardous material emergency response teams
available to the City of Tustin; and
WHEREAS, the County of Orange and the cities of Newport Beach,
Huntington Beach, Santa Ana and Anaheim ("Provider Agencies"),
contributed to the Authority their hazardous material emergency
response teams for a countywide effective and efficient system of
response; and
WHEREAS, the Authority will now provide hazardous material
emergency response services to its public agencies with the
combined resources of the provider agencies; and
WHEREAS, the Authority will provide hazardous material
emergency response services to the City of Tustin without charge;
and
WHEREAS, all public agencies which receive hazardous material
emergency response services from the Authority must assign their
interests in collection of costs incurred by the Authority from
persons or entities responsible for the hazardous material
emergency response services; and
NOW, THEREFORE, BE IT RESOLVED that the City of Tustin assigns
to the Orange County-City Hazardous Material Emergency Response
Authority its rights, title and interest in and to any claim or
cause of action it may have by reason of its contract membership in
the Authority against any person or entity responsible, in whole or
in part, for any hazardous material emergency to which a provider
agency has responded. This assignment includes the right to
collect the reasonable value of all services performed by provider
Agency/Authority and the right to recover punitive damages,
penalties, or statutory enhancements to the extent provided by law.
This assignment is limited solely to actions taken by the
Authority in response to said emergencies and does not in any way
preclude Tustin's right to recover costs Tustin may independently
incur in responding to said emergencies.
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PASSED AND ADOPTED at a regular meeting of t~e city Council of
the City of Tustin held on the 7th day of October, 1991.
Charles Puck~t~, Mayor
5 /~ E. Wynn, City Clerk
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 91-125
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 7th day of October, 1991, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Puckett, Pontious, Edgar, Potts, Prescott
None
None
None
Valerie Whiteman, Chief Deputy City Clerk
for Mary E. Wynn, City Clerk