HomeMy WebLinkAboutCC RES 90-38RESOLUTION 90-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
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 fro:n
the Orange county Fire Department with respect to f_~'.':e 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 ("Pro\'ider 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 ~he
combined resources of the provider agencies; and
WHEREAS, the Authority will provide hazardous mate--/al
l. emergency response services to City of Tus~in without charge;
WHEREAS, all public ac, encies which receive hazardous material
nu~ho~v must assign t3~.eir
'.: emergency response services from the ' ~ ~'~
,?~'interests in collection of costs incurred by the Authority from
[: persons or entit~ es resDonsibie ~ ~
. ~o~ the hazardous material
i[~. emergency response services; and
NOW, THEREFORE, BE IT RESOLVED that the City of Tustin:
~'..
1. Hereby assigns to the Orange County-City }[azardous
.Material Emergency Response Authority all of its right, title and
22:': interest in and to any claim or cause of action against any person
~. or entity responsible, in whole or in part, for any hazardous
2~..~material emergency to which a Provider Agency has responded. This
~:assignment shall include, without limitation, the right to cc!!ect
the reasonable value of ali services performed by ~he Provider
~ Agency/Authority, and the right to recover punitive damages,
c.~:'penalties, or statutory enhancements to the extent provided by law.
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2. The City of Tustin also'hereby assigns to the Authority
for collection only, tha right to collect the costs incurred in
providing police, fire and other support services necessary or
appropriate to assist the Hazardous Material Emergency Response
Team in resolving the emergency or to contain or clean up hazardous
material. It is understood that the Authority shall, at no cost
to the City of Tustin, endeavor to collect all money to which the
City is entitled, in the same manner and at the same time as the
Authority pursues collection of its costs, and shall pay over all
funds to which the City of Tustin is entitled within thirty (30)
days of receipt.
PASSED AND ADOPTED this 19th day of March , 1990.
ATTEST:
Mary Wyn~
City Clerk
City of Tustin
Richard B. Edgar
Mayor
a:resolutn.haz
City of Tust~n
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 90-38
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 of the City of Tustin is
four; that the above and foregoing Resolution No. 90-38 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 19th day of March, 1990, by the following
vote:
COUNCI~EMBER AYES: Edgar, Kennedy, Kelly, Prescott
COUNCI~.~EMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Valerie Whiteman, Acting Chief Deputy City Clerk