1984-05-07 - Laserfiche WebLink

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RESOLUTION: LITTER CONTROL PROGRAM RESOLUTION: AUTHORIZING MAYOR TO SIGN DEED GRANTING EASEMENT WITH MONTEBELLO ALLEY WHEREAS, federal an-,t~tr~i~ law suits are being filed in ever- increasing numbers against municipalities as a result of the Boulder decision; and WHEREAS, claims for monetary relief seeking hundreds of millions of dollars for treble damages under the federal antitrust laws threaten the fiscal.integrity o.f-municipalities; and WHEREAS, even frivolous antitrust suits can be extremely time consuming and expensive to defend because of the need to hire. outside counsel; and WHEREAS, the activities of local government, like the activities of state and federal governments, are particularly unsuited to the application of federal antitrust statutes; and WHEREAS, there is no logical reason why local governments, including special purpose units of lOcal government such as authorities and commissions, should not have antitrust immunity similar to that available to state governments and the federal government; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the Congress of the United States is.requested to adopt legislation which will fully protect municipalities and their special purpose units of government from liability under the federal antitrust laws; and BE IT RESOLVED FINALLY that the Clerk of the Council transmit copies of this resolution to Senators John Warner and Paul Trible, to Represen- tative J. Kenneth Robinson and to the Chairman of the House and Senate Judiciary Committees. Mr. Hendrix explained~.that the resolution would indicate Council's willingness to comply with the County and support the Charlottesville-Albemarle Clean~ Community Commission, and was required in order to receive funds. Dr. Hall moved the Litter Control Program Resolution, Dr. Gunter seconded'the motion and it was unanimously approved by Council. WHEREAS, this Council has recognized the existence of a litter problem within the boundaries of the City of Charlottesville; and WHEREAS, the Virginia Litter C~ntrol Act of 1976 provides, through the Department of Conservation and Economic Devel.opment,'Division of Litter Control, for the allocation of public funds in.the form of grants for the purpose of enhancing local litter control programs; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville Virginia, that the City: ' 1. Endorses and supports the continuation of such a program for the City of Charlottesville; 2. Expresses its intent to combine with the County of Albemarle in a mutually agreed upon and cooperative program, contingent on approval of the application by the Department of Conservation and Economic Development, Division of Litter Control and contingent on receipt of funds; ' 3. Authorizes the Charlottesville-Albemarle Clean Community Commission (CACS) to plan and budget~for a cooperative litter control program; 4. Authorizes CAC3 to apply on behalf.of both the City and County for a grant, and to be responsible for the administration, implementation, and completion of the p~ogram; S. Accepts responsibility .jointly with CACS and the County of Albemarle.for all phases of the program; 6. Accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the regulations of the application, and agrees that the state funds, when received, will be transferred immediately to CAC3 to be used in the cooperative program; and ' ?. Requests the Department of Conservation and Economic Development, Division of Litter ContrQ1, to consider and approve the application and program, in accord with regulations governing use and expenditure of said funds. Mr. Wiley stated that the University of Virginia had requested that the City enter into the agreement granting easement in connection with Montebello Alley. Dr. Gunter moved the Resolution Authorizing the Mayor to execute the agreement, Dr. Hall seconded the motion and it was unanimously approved by Council.