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59R-5257 RESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM URGING GOVERNOR EDMUND G. BROWN TO VETO ASSEMBLY BILL 528. WHEREAS, the California Legislature has passed and adopted Assembly Bill 528 amending Sections 3212 and 3212.5 of the Labor Code, relating to workments compensation; and "injury" the case WHEREAS, said Assembly Bill 528 defines the term to include pneumonia, heart trouble, and hernia in of city and county officers; and WHEREAS, said Assembly Bill 528 provides that hernia, heart trouble or pneumonia developing or manifesting itself in such cases shall be presumed to arise out of and in the course of the employment, and further provides that such hernia, heart trouble or pneumonia so developing or manifesting itself in such cases shall in no case be attributed to any disease exist- ing prior to such development or manifestation; and WHEREAS, the City Council finds that under the pro- visions of this proposed law that it would be possible for a referee of the Industrial Accident and Safety Commission, or the Commission itself, to find on the basis of evidence satis- factory to him that the heart trouble was directly and solely the result of a disease existing prior to such development or manifestation and to impose liability upon a city or a county for the injury in such cases; and WHEREAS, the City Council finds that the expenditure of public funds for the payment for an injury in such a case would be an illegal and unconstitutional expenditure of public funds; and WHEREAS, the City Council does find that said Assembly Bill 528 is now before the Honorable Edmund G. Brown, Governor of California, for signature or veto, and that he should be urged to veto said bill; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Honorable Edmund G. Brown, Governor of California, be, and he is hereby, urged to veto Assembly Bill 528 for the reasons set forth herein. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to prepare a certified copy of this Resolution and forward it immediately to the Honorable Edmund G. Brown, Governor of California. THE FOREGOING RESOLUTION is approved and signed by me this 26th day of May, 1959. --. ~{/-4m~~IM ATTEST: ~ ... ..~ , c;J( i" . fYti~ OF ~~AHEIM ~ STATE OF CALIFORNIA ) COVNTY OF OAANGE ) CITY OF ANAHEIM ) SSe I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 5257 was in- troduced and adopted at a regular meeting, provided by law, of the City Council of the City of Anaheim, held on the 26th day of May, 1959, by the following vote of the members thereof: AYES: NOES: ABSBNT : COUNCILMEN: COOCILMJ:N: COUfCILMEN: Borden, Coons, Fry, Pearson and Schutte. None. None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 5257 on the 26th day of May, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City or Anaheim this 26th .day of May, 1959. ('j ------ ~- : . '~~.'~ . CITY CL . OF '!HE CITY OF ANAHEIM -....