HomeMy WebLinkAboutRESOLUTION 1992-18SUGGESTED BY: Mayor Williams
City of Kenai
RESOLUTION NO. 92-18
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI,
CONCERNING OIL SPILL RESPONDER~S LIMITED IMMUNITY
540.
ALASKA,
AND HOUSE BILL
WHEREAS, it is in the interest of the citizens of the State of
Alaska and the Kenai Peninsula Borough to ensure that qualified,
highly trained oil spill response organizations are in place and
ready to respond to all spills; and,
WHERF~S, the success of a spill response organization depends
upon spill response Contractors, as well as countless fishermen,
subcontractors, and other part-time professionals and specialists
who must be prepared on an emergency basis to act swiftly and
without hesitance in the face of adverse circumstances and often
with far less than complete information~ and,
WHEREAS, these responders will be deterred from performing clean-
up activities on behalf of the person or persons actually
responsible for the spill if they are unduly exposed to unlimited
liability iht he course of their response activities~ and,
WHEREAS, twenty-one members of the House co-sponsoredHB 540
which provides for limited immunity to oil spill response action
contractors.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that it supports and encourages Alaska State
legislation, such as HB 540, which grants any person who responds
to an oil spill, caused by another, immunity from liability from
all costs and damages except in cases where the responder acts
with gross negligence or willful misconduct, or causes personal
injury or wrongful death; and,
FURTHER BE IT RESOLVED, where limitations on immunity are granted
to responders, it is important that victims be fully protected
and compensated for damages, and the party responsible for the
spill in the first instance shall be liable for any damages
caused by responder*s simple negligence.
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'.-COPIES ~.f this resolution 'Shall be. transmitted to,the Honorable
walter~' -Hickel, Governor of the statelo£ AlaSka, and'members. Of
the Alaska House' and-Senate, Resouroe COmmitteeS/and' speola.1.
Co~-~ittees on 0il and' Gas,
PAssED s¥"Taz' CoUNciL OF T~ CiTy OF K~NAI,. 'ALASKA, 'this "first.
...i. da¥ of April, 1992.~.: . ... ' ...
... ...,. ~ .. '.. -...' ... .. ... . - ..... ~ '. · · .. : '..' '.:~- '..:~
. · . ..: ,,
(3/26/92)
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