Resolution Number 91-9-3-4R 1Z I
RESOLUTION NO. 91-9-3-4
CERTAIN RECOVERY RIGHTS - CITY HAZARDOUS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REGARDING THE ORANGE
COUNTY - CITY HAZARDOUS MATERIAL EMERGENCY
RESPONSE AUTHORITY AND ASSIGNING CERTAIN RECOVERY
RIGHTS TO SAID AUTHORITY
WHEREAS, the City of San Juan Capistrano 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 emergency response teams available to the City of San Juan
Capistrano; 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 now provide hazardous material emergency
response services to its public agencies with the combined resources of the provider
agencies; and,
WHEREAS, the Authority will provide hazardous material emergency response
services to the City of San Juan Capistrano 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 Council of the City of
San Juan Capistrano, does hereby assign 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 collect the reasonable value of
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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, APPROVED, AND ADOPTED this
of September , 1991.
ATTEST:
CITY CLERK
3rd
G I, TH E. FRIESS, MA OR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 91-9-3-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 3rd day
of September , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Vasquez and
I
ayor Friess
NOES: None
ABSENT: Councilman Buchheim
(SEAL)
CHERYL JORNSOW C[TY cLK
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