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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. 5 6 7 8 9 10 ii 12 13 i4 1~. · ~ , 2~ 24 27 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