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HomeMy WebLinkAbout25-City Attorney . CI'fY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: September 1,1998 ~(Q)~W Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE ANNUAL CITRUS FAIR Vrom: James F. Penman, City Attorney Dept: City Attorney Synopsis of Previous Council action: Ordinance MC-522, 5-19-86 Recommended motion: That said ordinance be laid over for final adoption. .' fl:..~,.. .,,- Signature Contact person: Paula 1. Coleman Phone: 5355 Supporting data attached: FUNDING REQUIREMENTS: Ward: Amount: Source: (Acct. No.) ( Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. #;.5 1/IJq( STAFF REPORT Council Meeting Date: September 8.1998 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney September 1,1998 Annual Citrus Fair Ordinance San Bernardino Municipal Code S 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. 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 III III III III III III III III III III III III III III III III III III 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 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 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.42.040 RELATING TO THE ANNUAL CITRUS FAIR I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a the _ day of _, 1998, by the following vote, to wit: meeting thereof, held on Council Members: A YES NA YS ABSTAIN ABSENT ESTRADA LIEN ARIAS SCHNETZ DEVLIN ANDERSON MILLER RACHEL CLARK, City Clerk The foregoing Ordinance is hereby approved this _ day of ,1998. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Att~rney // " I'! :J. ' I ' B(j~.. 'C~.-... / 2