Ordinance No. 11501
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ORDINANCE NO. 1150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY AMENDING SECTION 5.66(A)(1) OF
CHAPTER 5, ARTICLE V, ENFORCEMENT, RELATING TO USED
CAR AND AUTOMOBILE DEALERS AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, on January 27, 1998, the City Council of the City
of Vernon adopted Ordinance No. 1055, which reorganized the Vernon
City Code to establish general provisions relating to business license
taxes and enforcement of business license taxes under Chapter 5 of the
Vernon City Code; and
WHEREAS, since the procedural and enforcement provisions of
Ordinance No. 1055 did not impose, extend or increase any tax, voter
approval was not required; and
WHEREAS, Ordinance Nos. 1056 and 1057 relating to business
license taxes were submitted to the voters of the City of Vernon at a
general municipal election held on April 14, 1998, at which time said
Ordinances received the required approval of at least two-thirds of
the voters of the City voting thereon; and
WHEREAS, Ordinance No. 1055 became effective on April 14,
1998, in accordance with Section 11 of said Ordinance which states
that the Ordinance shall be in full force and effect upon the date of
approval by the voters of Ordinance Nos. 1056 and 1057; and
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WHEREAS, subsection (a)(1) of Section 5.66, Used car and
automobile dealers, requires used car dealers in the City to file a
bond with the City Clerk in an amount set by resolution insuring them
against any loss or damage which may result to any person from a
transaction involving a used motor vehicle, specifically, for failure
to deliver clear title to a customer; and
WHEREAS,�by Resolution No. 7036 adopted by the City Council
of the City of Vernon on October 21, 1997, applicant shall file -with
the City Clerk along with the application a bond for a used car or
automobile dealership for Five Thousand Two Hundred Fifty Dollars
($5,250.00) executed on behalf of the City of Vernon by a duly
authorized surety corporation subject to approval by the City
JAttorney; and
WHEREAS, Section 11710 of the California Vehicle Code
requires automobile dealers to have on file with the Department of
Motor Vehicles a bond in the amount of Fifty Thousand Dollars
($50,000.00) for the duration of their license to compensate people
for any loss, damage, lack of payment, or title, by reason of fraud;
and
WHEREAS, the City Council of the City of Vernon desires to
amend Section 5.66(a)(1) of the Vernon City Code to update said Code to
implement new regulatory requirement.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION-2: The City Council of the City of Vernon hereby
amends Chapter 5, Business License Taxes and Other City Taxes, of the
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1 Vernon City Code, by amending Section 5.66(a)(1) as set forth in
2 Exhibit A which is attached hereto and incorporated by reference.
3 SECTION 3: Any ordinance, part of an ordinance, or code
4 section in conflict with this Ordinance is hereby repealed.
5 SECTION 4: If any section, subsection, sentence, clause,
6 phrase or word of this Ordinance is for any reason held to be void or
7 unconstitutional, such decision shall not affect the validity of the
8 remaining portions of this Ordinance; it being the intention of the
9 City Council of the City of Vernon to pass and adopt this Ordinance and
10 each section, subsection, sentence, clause or phrase thereof
11 irrespective of the fact that one or more of the sections, subsections,
12 clauses, sentences or phrases thereof may be declared to be invalid or
13 unconstitutional.
14 SECTION 5: There being no newspaper printed, published or
15 circulated in the City of Vernon, the City Clerk is hereby directed to
16 certify to the passage of -this Ordinance and shall post the same, or
17 cause the same to be posted, within fifteen (15) days after its passage
18 in accordance with Section 36933 of the Government Code, in three (3)
19 of the most public places in the City of Vernon, to wit: the northwest
20 corner of 38th Street and Santa Fe Avenue, the northeast corner of
21 Leonis Boulevard and Pacific Boulevard, and on the bulletin board
22 located outside on the wall near the second floor entrance to the City
23 Hall of said City, located at 4305 Santa Fe Avenue, all in the City of
24 Vernon, County of Los Angeles, State of California.
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SECTION 6: This Ordinance shall be in full force and effect
thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this `1 day of November, 2008.
ATTEST
MANU LA IR
O
N
.,
Ci y Vierk
Name: Leonis C. Malburg
Title: Mayor /
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Ordinance, being Ordinance No. 1150, was
duly and regularly introduced at a regular meeting of the City Council
of the City of Vernon, held on Monday, November 3, 2008, and thereafter
finally adopted at a'regular meeting of said City Council held on
Monday, November 24, 2008, and thereafter was duly signed by the Mayor
or the Mayor Pro-Tem of the City of Vernon, by the following vote:
(SEAL)
AYES:
NOES:
ABSTAINED:
ABSENT:
Councilmen: Mayor Malburg, Davis, Gonzales,
McCormick, Ybarra
Councilmen: None
Councilmen: None
Councilmen: None
MANUELA GIRON
City Clerk
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EXHIBIT A
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EXHIBIT "A"
CHAPTER 5. BUSINESS LICENSE TAXES AND OTHER CITY TAXES.
ARTICLE V. ENFORCEMENT.
Sec. 5.66. Used car and automobile dealers.
(a) Prerequisites for license, bond fee and affidavit. Before
receiving or acting upon'an application for the granting of each license
to a used car or automobile dealer, any applicant therefor must comply
with the following requirements:
(1) Bond. Applicant shall file with the city clerk at the
time of filing said application proof that applicant is licensed with
the State of California and a copy of the bond filed with the
Department of Motor Vehicles of the State of California pursuant to
California Vehicle Code Section 11710.
(The remainder of Section 5.66 remains the same.)
A-1
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: December 8, 2008
TO: Rory Burnett, Finance Director
Sharon Duckworth, City Treasurer
Masami Higa, Internal Control Manager/Controller
Joaquin Leon, Assistant Finance Director
Martha Valenzuela, Director of Personnel/Purchasing Agent
FROM: Nelly Giron, City Clerk
RE Ordinance No. 1150 - An Ordinance of the City Council of the
City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Amending Section 5.66(A) (1) of Chapter
5, Article V, Enforcement, Relating to Used Car and
Automobile Dealers and Repealing All Ordinances or Parts of
Ordinances in Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1150 referenced above,
which was approved by City Council on November 24, 2008.
Thank you.
NG:dr
c: Ordinance No. 1150
AFFIDAVIT OF POSTING
I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify
that on the 26th day of November 2008, I did have posted three (3)
copies of the following:
ORDINANCE NO. 1150 - An Ordinance of the City Council of the
City of Vernon Amending the Code of the City of Vernon
California, 1959, by Amending Section 5.66(A) (1) of Chapter
5, Article V, Enforcement, Relating to Used Car and
Automobile Dealers and Repealing all Ordinances or Parts of
Ordinances in Conflict Therewith.
On each of the following places, to wit: on the bulletin board outside
the main entrance to the City Hall of the City of Vernon located at
4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, there being no newspaper of general circulation
printed and published in the City of Vernon.
Date: / %�Xn?A.-L
Manuela Giron
City Clerk
State of California )
)ss
County of Los Angeles)
On &z&t7L1,e-- ��'.�Vj' before me, j0d,1-"11 1` e ,
Notary Public,- personally appeared Manuela Giron
who proved to me on the basis of satisfactory evidence to be the
person(/ whose name (,4 is/awe subscribed to the within instrument and
acknowledged to me that /she/may executed the same in hi-s/her/tlte -r--
authorized capacity(4-e-s), and that by h-i-s/her/t-h-e±r signature(/) on
the instrument the person(l), or the entity upon behalf of which the
person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
I JUDITH A. LEHR
Com ] mission #t 1646385
&MY
Notary Public - CaliforniaLos Angeles County Comm. Expires Feb 14, 2,,
WITNESS my hand and official seal