RED LIGHT CAMERAS
Neutrality - How They Conceal It
The wording and organization of most
contracts is pretty much the same, with everything in
the same place -
except when it comes to the cost neutrality clauses,
in many different ways, and often move around.
Cities having cost
neutrality must feel
guilty about it (legal term: mens rea),
because they sure
go to some
lengths to disguise it and/or hide it.
The most common,
and most logical, location for cost neutral clauses
has been in Exhibit
"D," where a contract will prominently say "fixed
price" - often
multiple times - then will
is guaranteed to the city."
locate the clause in a section of the main
body of the
contract. Examples: Commerce and
Modesto in 6.4, Glendale
in 8.2 of its now-expired 2007 contract,
Emeryville and Inglewood in
saying "cost neutrality,"some contracts call for a
quarterly or annual
review, or an audit, followed by a mandatory price
revenue is not
covering the rent (examples: Culver City until
until 2009, Santa
Some wording is mysterious, such as the "fixed price not to exceed" terms found, but not defined, in the Elk Grove contract.
A recent clever
"financial feasibility" (examples: Gardena,
Oceanside, Redlands, San Leandro, Santa Clarita).
The newest clever
is "financial insolvency," found in Exhibit D of the
2011 contract of
the City of Rancho Cordova.
and Disguised by the Wording
Encinitas and RedFlex -
removed by 2009 Amendment
You Should Check
Highwayrobbery.net has not checked all
contracts in California for hidden and cleverly worded
clauses. If you have a ticket, you should check
the contract in
the town that issued it. Most cities' contracts
are posted here on
highwayrobbery.net, or you
can obtain the latest contract and
amendment(s) by phoning or emailing the city clerk, at
Most city clerks will email it to you, for free.