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Resolution No. 3483 222 RESOLUTION NO. 3483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR INDUSTRIAL DISABILITY RETIREMENT. WHEREAS, the City of Cypress is a contracting agency of the Public Employees ' Retirement System; and, WHEREAS, an application for disability retirement of Hugh J. Patty, employed by the City of Cypress in the position of Police Agent , has been filed with the Public Employees ' Retirement System; and, WHEREAS, the City Council passed Resolution No. 3384 at their regular meeting held on the 25th day of April, 1988 declaring Hugh J. Patty not industrially disabled from his duties as a Police Agent at that time; and, WHEREAS, the City has received the Findings and Award so duly ordered by the Workers Compensation Appeals Board issued on November 18, 1988 granting that Hugh J. Patty is permanently disabled and unable to perform the duties of a Police Agent based on medical evidence presented to the Board at the Hearing on September 7, 1988. NOW , THEREFORE , BE IT RESOLVED, ADOPTED AND DETERMINED AS FOLLOWS: Section 1. The City Council of the City of Cypress now rescinds Resolution No. 3384 and finds and determines that Hugh J. Patty is incapacitated within the meaning of the Public Employees ' Retirement System Law for the performance of his duties in the position of Police Agent; and, Section 2. The City Council of the City of Cypress hereby finds that the disability suffered by Hugh J. Patty, as set forth in his worker 's compensation claim, and so duly ordered by the Workers Compensation Appeals Board, is "industrial" as that term is defined in Government Code Section 20038 and used in Government Code Section 21026; and, Section 3. The City Council of the City of Cypress hereby authorizes the City Manager to notify the Public Employees ' Retirement System that Hugh J. Patty's retirement is and shall be deemed to be effective as of August 29, 1987. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 28th day of November, 1988. �/A �,1,,/� ✓'f // .`�`� � ' YO'/'F THE CITY OF CYPRESS ATTEST: Al9dA-t19-7-' CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I, DARRELL ESSEX, City . Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 28th day of November 1988; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Davis, Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: oronado CITY CLERK 0 HE CITY OF CYPRESS