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1981-221RESOLUTION NO. 81R-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AC~TAHEIM FINDING AND DETERMINING THAT ROLLIN L. BORNE IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE PERFORMANCE OF HIS DUTIES IN THE POSITION OF FIREMAN. WHEREAS, the City of Anaheim is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retire- ment Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Rollin L. Borne employed by the City in the position of Fireman has been filed with the Public Employees' Retirement System; and WHEREAS, the City Council of the City of Anaheim has reviewed the medical and other evidence relevant to such alleged disability. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim finds and determines, and it does hereby find and determine, that Rollin L. Borne is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Fireman; and BE IT FURTHER RESOLVED that the City Council of the City of Anaheim finds and determines, and it does hereby find and determine, that such disability is a result of injury or disease arising out of and in the course of employment; and neither said Rollin L. Borne, nor the City of Anaheim, has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial. BE IT FURTHER RESOLVED that the member was or will be ~~. separated from his employment in the position of Fireman after payment of his leave rights under the Personnel Rules of the City of Anaheim effective May 6, 1981, and that no dispute as to th e expiration of such leave rights is pending. -1- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of May, 1981. ATTEST: LINDA D. ROBERTS, CITY CLERK ~ C/~ DEPUTY CI'T'Y CLERK OF THE CITY OF ANAHEIM FAL:jh -2- STATE OF CALIFORNIA ) COUNTY -0F ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. $1R-221 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of May, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-221 on the 12th day of May, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of May, 1981. LINDA D ROBERTS, CITY CLERK BY ~!/~~,~ DEPUTY CITY CLERK OF THE CITY OF ANAHEIM ~S~) I, LINDA D. RDBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-221 duly passed and adopted by the Anaheim City Council on May 12, 1981. LINDA D OBERTS, CI CLERK BY ~~ ~ D DUTY CITY CLERK .