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HomeMy WebLinkAbout29-City Attorney . CI'-t" OF SAN BERNARDClo - REQUUT FOR COUNCIL Ac..AON From: Ralph H. Prince Subject: Repealing Ordinances Dealing with Annexation Dept: City Attorney D~~ March 22, 1985 Synopsis of Previous Council action: On October 15, 1984, the Mayor and Common Council adopted Ordinance Nos. MC-416, MC-417 and MC-418 dealing with the proposed annexation of the Highland and Arrowhead Suburban Farms areas. Recommen<:led motion: Waive further first reading of ordinance and layover for final adoption. ~Y-#?~ Signatu re Contact person: Ralph H. Prince Phone: 5255 FUNDING REQUIREMENTS: Amount: None Source: N/A N/A Supporting data attached: Yes Ward: Finance: Council Notes: 75.0262 Agenda Item No, ~ ~ ctvt OF SAN BERNAR~O - REQ~T FOR COUNCIL A()./ION STAFF REPORT Ordinance Nos. MC-416, MC-417 and MC-418 were adopted by the Mayor and Common Council with respect to the proposed annexation of Highland and Arrowhead Suburban Farms. MC-416 provides that existing developments within the described areas proposed for annexation to the City shall not be required to hook up to the City sewer nor be subject to a monthly sewer service charge. This ordinance relates to those areas identified as annexation parcels 1 through 12 by Resolution No. 84-279. As the annexation effort was defeated, it is recommended that Ordinance No. MC-416 be repealed. MC-417 adds Section 3.44.022 to the San Bernardino Municipal Code to establish the effective date of the application of Chapter 3.44 to such annexed areas. Section 3.44.022 provides that upon annexation of any area to the City, the service users tax shall not be applicable to persons within any area annexed until the first full billing period following ninety days after the effective date of the annexation. On annexations involving smaller areas then was anticipated, the utility companies would not require as long a lead time to implement the service users tax on affected service addresses. Section 3.44.022 further provides that any individual within any area annexed to the City may file an application for exemption from taxes during a ninety day period commencing on the effective date of the annexation. The Director of Finance recommends repeal of this ordinance because his office is not staffed to process applications for exemptions from service users taxes except during the months of September and October of each year. The continual filing of applications for any annexed areas in the future would have an adverse impact on his department. MC-418 provides that cows, sows, gilts and boars raised in supervised agriculture educational programs may be permitted within the City limits, provided that ranches or farms used for keeping, grazing, breeding or raising of horses, cattle or sheep shall be a legal nonconforming use and shall not lose such nonconforming use during temporary periods of time when horses, cattle or sheep are moved elsewhere during the absence of owners or occupants of the ranch. The provisions of Title 6, relating to animals, and the provisions of Title 19, relating to zoning which establishes controls or limitations on the keeping of animals, were amended by MC-418. These amendments apply only within those areas identified as annexation parcels 1 through 12 by Resolution No. 84-279. As the annexation effort was defeated, it is recommended that Ordinance No. MC-418 be repealed. 75-0264 \,' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II , f ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.08.050 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATING TO HOGS, SOW, GILT OR BOAR, AND REPEALING SECTION 6.08.055 OF THE SAN BERNARDINO MUNICIPAL CODE AND ORDINANCE NOS. MC-416, MC-417 AND MC-418. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.08.050 of the San Bernardino Municipal Code is amended to read: "6.08.050 Hogs, sow, gilt or boar. It is unlawful for any person, firm or corporation to keep or cause to be kept, more than five of the animals listed in Section 6.08.040 (except cows) or a hog, sow, gilt or boar, at any place in the City." SECTION 2. Section 6.08.055 of the San Bernardino Municipal Code and Ordinance Nos. MC-416, MC-417 and MC-41B are hereby repealed. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Cornmon Council of the City of San Bernardino at a meeting thereof, held on the day of , 1985, by the following vote, to wit: AYES: Counc i 1 ~lembers NAYS: ABSENT: City Clerk ". - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2~ 1\ i I , '-, ;' ~ The foregoing ordinance is hereby approved this day of , 1985. Mayor of the City of San Bernardino Approved as to form: ~ ~o ~~1.)// 4ur~ City A-ttorney -2-