Resolution No. 3692RESOLUTION NO. 3692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ASSIGNING TO THE ORANGE COUNTY -CITY HAZARDOUS
MATERIAL EMERGENCY RESPONSE AUTHORITY
ALL INTERESTS IN THE COLLECTION OF COSTS INCURRED BY THE
AUTHORITY FROM PERSONS OR ENTITIES RESPONSIBLE FOR THE
HAZARDOUS. MATERIAL EMERGENCY RESPONSE SERVICES.
WHEREAS, the City of Cypress contracts for services from the
Orange County Fire Department with respect to firefighting,
rescue, fire prevention and emergency medical services;
WHEREAS, the Orange County Fire Department augmented its
services to make hazardous material emergency response teams
available to the City of Cypress;
WHEREAS, on November 28, 1989, the County of Orange became a
member of the Orange County -City Hazardous Material Emergency
Response Authority, a joint powers agency;
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;
WHEREAS, the Authority will now provide hazardous material
emergency response services to its public agencies with the
combined resources of the provider agencies;
WHEREAS, the Authority will provide hazardous material
emergency response services to City of Cypress without charge;
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;
NOW, THEREFORE, BE IT RESOLVED that the City of Cypress:
1. Hereby assigns to the Orange County -City Hazardous
Material Emergency Response Authority all of its right, title and
interest in and to any claim or cause of action 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 shall include, without limitation,
the right to recover the value of in -kind contributions made by
the County of Orange to the Authority pursuant to this Agreement,
the right to collect the reasonable value of all services
performed by the Provider Agency /Authority, and the right to
recover punitive damages, penalties, or statutory enhancements to
the extent provided by law.
2. The City of Cypress also hereby assigns to the
Authority, for collection only, the 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 Cypress, 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
Cypress is entitled within thirty (30) days of receipt.
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PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 12th day of February,
1990.
ATTEST:
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CITY CLERK OF
6
MA OF THE CITY OF Y ESS
i
CIT OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was adopted at a
regular meeting of the said City Council held on the 12th day of
February, 1990; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS : Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS : Age
CITY CLERK F4 HE ITY OF CYPRESS