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HomeMy WebLinkAboutCC RESO 92-9RESOLUTION NO. 92-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY WHEREAS, the City Council of the City of National City passed and adopted on September 24, 1991, Resolution Number 91-199 approving formation of the San Diego Abandoned Vehicle Abatement Service Authority and Service Program and Plan; and WHEREAS, in order to receive funds pursuant to that Service Program and Plan, the City of National City must enter into an agreement with the Service Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to enter into an agreement with the San Diego Abandoned Vehicle Abatement Service Authority. PASSED and ADOPTED this 14th day of January, 1992. George Haters, Mayor ATTEST: LoriAnne Peoples, City lerk APPROVED AS TO FORM: vJ A g George H. Eiser, III City Attorney AGREEMENT FOR FUNDING BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY This agreement is made between the City of National City, ("City") and the San Diego Abandoned Vehicle Abatement Service Authority ("AVA") for funding of the abatement, removal, and disposal of abandoned vehicles in San Diego County. RECITALS The AVA Service Authority is authorized by Section 22710 of the California Vehicle Code to collect and disburse funds for the abatement, removal, and disposal as public nuisances of abandoned, wrecked, dismantled, and inoperative vehicles, or parts of vehicles, on public and private property within San Diego County. The AVA is further authorized by Section 22710 of the Vehicle Code to contract with a county or city for removal and disposal of these vehicle parts. A one dollar ($1) vehicle registration fee has been imposed on vehicles registered in San Diego County pursuant to Section 22710 of the Vehicle Code for these purposes. The City has established procedures for the abatement, removal, and disposal as public nuisances of these vehicles and parts. The AVA has adopted an abandoned vehicle abatement Program and Plan ("Program and Plan"), incorporated herein by reference. The Program and Plan have been determined by the Department of California Highway Patrol to be consistent with its Guidelines, and have been approved by the City. The AVA proposes to fund the City's removal and disposal of vehicles by reimbursing costs, as specified in the Program and Plan. AGREEMENT Now therefore in light of the foregoing facts and recitals, the parties agree as follows: 1. Submission of Reports. The City shall submit to the AVA the required reports described in the Program and Plan, on the dates provided in the Program and Plan. 2. Reimbursement. The AVA shall promptly reimburse the City as provided in the Program and Plan. 3. Tenn. This agreement shall become effective upon execution by both parties and shall terminate on the date that all funds received by the AVA pursuant to Sections 9250.7 and 22710 of the Vehicle Code, which have been allocated to the use of the City, have been expended by the City. 4. Inspection of Records. The AVA may, at any time during normal business hours, examine all writings and other data of the City related to the reports submitted by the City to evaluate the accuracy, completeness, and timeliness of the reports. 5. Indemnity. The City shall defend and indemnify and save harmless the AVA its officers and employees from any claims of third persons arising out of the City's abatement program or out of the performance by the City of this agreement. 6. Entire Agreement. This agreement contains the entire agreement between the parties. Dated: San Diego Abandoned Vehicle Abatement Service Authority Approved as to form and legality for San Diego AVA Service Authority Granville M. Bowman Lloyd M. Harmon, Jr., County Counsel By: By: William D. Smith, Deputy County Counsel Executive Director Dated: January 14, 1992 CITY OF NATIONAL CITY City Manager City Attorney City of National City By: By: By: City Clerk