HomeMy WebLinkAboutResolution No. 404010
RESOLUTION NO. 4040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING
THE ORANGE COUNTY -CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE
AUTHORITY AND ASSIGNING CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY
WHEREAS, the City of Cypress 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 response teams available to
the City of Cypress; 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 provide hazardous material
emergency response services to the City of Cypress 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.
NOW, THEREFORE, BE IT RESOLVED that the City of Cypress
hereby assigns to the Orange County -City Hazardous Material
Emergency Response Authority all of is 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
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.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 27th day of January,
1992.
ATTEST:
TY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
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 27th day
of January, 1992.
AYES: 4 COUNCIL MEMBERS : Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Partin
CITY CLERK 0 THE ITY OF CYPRESS