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HomeMy WebLinkAbout12- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN Dept: City Attorney BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE Date: September 1, 1998 ANNUAL CITRUS FAIR ORIGINAL Synopsis of Previous Council action: Ordinance MC-522, 5-19-86 Recommended motion: That said ordinance be laid over for final adoption. Signature Contact person: Paula J. Coleman Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. v 9�Li�j� STAFF REPORT Council Meeting Date: September 8. 1998 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: September 1, 1998 AGENDA ITEM: Annual Citrus Fair Ordinance San Bernardino Municipal Code § 5.42.040 currently allows the City to enforce revenue provisions, but not the regulatory provisions of Chapter 5.42. The Attorney General issued Opinion No. 97-906, dated January 16, 1998, which opined that regulatory provisions are permissible, but not revenue provisions when a City has previously elected by ordinance to receive a distribution from a racing association. The City made such an election under Section 5.72.010. The proposed amendment allows the City to enforce regulatory provisions, but not revenue provisions. rw OOP • 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE ANNUAL 4 CITRUS FAIR 5 THE MAYOR AND COMMON COUNCIL OF THE ' CITY OF SAN 6 BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 5.42.040 is hereby amended to read as follows: 8 The regulatory provisions of this section, but not the revenue provisions thereof, shall apply to activities 9 conducted during the annual citrus fair held under the auspices of the National Orange Show on its show 10 grounds. 11 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 1 • 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE ANNUAL 2 CITRUS FAIR 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 the _day of , 1998, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA to LIEN 11 ARIAS 12 SCHNETZ 13 DEVLIN • 14 ANDERSON 15 MILLER 16 17 RACHEL CLARK, City Clerk 18 19 The foregoing Ordinance is hereby approved this _day of , 1998. 20 21 JUDITH VALLES, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Att Fmey 25 , 26 Bryl." i • 27 28 2