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HomeMy WebLinkAboutA3246 - RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT R18132 Riverside County Abandoned Vehicle Abatement Prog - County-Wide Service AGREEMENT #3246 P.18132, 7-7-93 1 AGREEMENT FOR RIVERSIDE COUNTYaZvuuNu VEHICLE ABATEMENT SERVICE AUTHORITY 2 3 Section 1 . PARTIES . The parties to this Agreement are the County of Riverside and those cities within the County that have 4 elected to create and participate in the Riverside County Abandoned Vehicle Abatement Service Authority as provided herein. 5 Section 2 . PURPOSE AND AUTHORITY. The purpose of this 6 Agreement is to establish a service authority for the abatement of abandoned vehicles in Riverside County pursuant to Vehicle Code 7 Section 22710 and Government Code Section 6500, et seq. 8 Section 3 . C;REATION. Upon the effective date of this Agreement, there is hereby created the Riverside County Abandoned 9 Vehicle Abatement Service Authority ("Authority") as a separate public entity and distinct from the member jurisdictions to 10 implement this Agreement in accordance with Vehicle Code Section 22710 . 11 Section 4 . 13OARD OF DIRECTORS . The Authority shall be 12 governed by the Board of Directors, to be appointed as follows . one (1) representative from each jurisdiction in the County electing to 13 become a member of the Authority. 14 Section 5 . ]?OWERS AND DUTIES . 15 A. Contracts and Acts . Pursuant to Vehicle Code Section 22710 (b) , the Authority may contract and may 16 undertake any act convenient or necessary to carry out any law relating to the Authority, including acts necessary to 17 ensure that the vehicle registration fee authorized by Vehicle Code Section 9250 .7 is used in accordance with the 18 requirements of Vehicle Code Section 22710 . 19 B. Ordinance. Pursuant to Vehicle Code Section 22710 (c) (1) , the Authority shall adopt an 20 ordinance establishing procedures for the abatement, removal, and disposal, as public nuisances, of abandoned, 21 wrecked, dismantled, or inoperative vehicles or parts thereof, from private or public property; and for the 22 recovery, pursuant to Section 25845 or 38773 .5 of the Government Code, or assumption by the Service Authority, 23 of costs of administration and of that removal and disposal. The actual removal and disposal of vehicles 24 shall be undertaken by either the County, a city, or the Department of the California Highway Patrol ("CHP") , 25 pursuant to the contract with the-Authority. 26 C. Program and Plan . Pursuant to Vehicle Code Section 22710 (d) , the authority shall implement an 27 abandoned vehicle abatement program and plan following approval of the program and plan y the County of Riverside 28 and a majority of the cities having a majority of the WILLI C. STEIN �. COUNTY COUNSEL COUNSEL 1 JYN 2 2 1993 SUITE 300 3535 IOTA STREET RIVERSIDE.CALIFORNIARM 1 incorporated population and participating as members of the Authority . The program and plan shall be consistent 2 with guidelines prepared by the CHP . 3 D . Fee . Pursuant to Vehicle Code Section 9250 . 7, the Authority shall impose a service fee of one 4 dollar ($1 .00) on vehicles registered to an owner with an address in the County, including the incorporated cities . 5 E. Restriction . The manner of exercising 6 powers granted by the Authority by this Agreement shall be subject to the same restrictions as are imposed upon the 7 County of Riverside and participating member agencies in their exercise of similar powers . 8 Section 6 . STAFF. Pursuant to Vehicle Code Section 9 22710 (c) , the Authority shall be staffed by each member agency. 10 Section 7 . AUDIT. There shall be strict accountability of all Authority funds . The County Auditor shall be the auditor for 11 the Authority. The Auditor shall report all receipts and an annual audit of the Authority pursuant to the requirements of Government 12 Code Section 6505 . The Authority shall compensate the County Auditor for reasonable charges incurred in the performance of said 13 audit . 14 Section 8 . FUNDS . The funds received by the Authority from the one dollar ($1 . 00) registration fee shall be used in accordance 15 with Vehicle Code Section 22710 (c) (2) , and shall be distributed to the cities and the County for their use in accordance with Vehicle 16 Code Section 22710 (c) (2) . 17 Section 9 . DEBTS AND LIABILITIES. The debts, liabilities and obligations of the Authority shall not be the debts, 18 liabilities, and obligations of the member jurisdictions, or any of them. 19 Section 10 . AMENDMENT. This Agreement may be amended upon 20 the approval of a majority of the member agencies having a majority of the population. For purposes of this section, the population of 21 the County is defined as all of the population residing within the unincorporated areas of the County of Riverside. 22 Section 11 . TERMINATION BY MEMBERS . Subject to Vehicle Code 23 Section 22710, this Agreement may be terminated by member jurisdictions as follows : 24 A. Individual Member Jurisdictions . A member 25 jurisdiction may terminate its participation in this Agreement a.nd the Authority effective on the first day of 26 any fiscal year provided that such jurisdiction shall give one year' s prior written notice of such termination to the 27 Authority and the other member jurisdictions . The Notice of Termination may be rescinded upon written notice to the 28 Authority and the other member jurisdictions at any time WILLIOU C COUNSEL STEIN COUSUI C300 2 SUITE 300 3535 WTH STREET RIVERSIDE,CALIFORNIA 1 before the effective date of termination. 2 B. Majority. This Agreement may be terminated at any time by a majority of the member jurisdictions 3 voting to dissolve Authority. 4 Section 12 . TERMINATION. The Authority shall cease to exist on the date that all revenue received by the Authority pursuant to 5 Vehicle Code Section 9250 .7 has been expended. 6 Section 13 . E;FFECTIVE DATE. This Agreement becomes effective upon approval of the County Board of Supervisors by two- thirds vote, and a majority of the cities having a majority of the incorporated population within the County. 8 9 Dated: JUN 22 W COUNTY OF RIVERSIDE 10 ATTEST: 4Y7 ——— 11 Chairman, Board of Supervisors ONEY Glerk A. he Boar 12 Clerk of the Board /JjJJ 13 G 14 eputy 15 16 Dated: � � l� CI OF Palm Sprin a] ifornia 17 18 ATTEST: BY 19 � —� Title City Manager 20 By �_i ty Clerk APPROVED BY THE CITY ,--CUNCIL BYR£S. Ra 7- -�- �3 21 8 savc, 22 Dated: CITY OF 23 24 ATTEST: BY 25 Title By 26 Deputy 27 28 WILLIAM C KATZENSTEIN COUNTY COUNSEL 3 SUITE 300 3535 IOTH STREET RIVERSIDE,CALIFORNIA 1