HomeMy WebLinkAbout2411
III"
~
i.
i
)
r
I
I
I
i
I
I
I
11
"
1 II
.
ORDINANCE NO. .2j!//
2 ii
I!
3 i AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
I FOR THE ACQUIS ITION OF WATER STOCKS AND TtlATER RIGHTS AND THE
· : EXECUTION OF WATER AGENCY AGREEMENTS REUTING TO ANNEXATIONS, SUB-
'j' DIVISIONS, LOT SPLITS AND LARGE INDUSTRIAL AND COMMERCIAL
5 IMPROVEMENTS.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
" DO ORDAIN AS FOLLOWS:
7 II
8 I'
SECTION ONE: PURPOSE. It is hereby found and determ~ned
9 Ii that it is urgent and necessary to acquire a supplemental supply
:1
10 ii of water to provide water service to future areas of growth and
11
development in said City, to conserve the existing supply of water
for an expanding population and to provide an adequate water supply
for the residents and inhabitants of said City.
12
13
14 !i
I
SECTION TWO: WATER STOCK AND WATER RIGHTS. No. subdivision
15 I, or subdivision maps, lot split, annexation or building permit or
I,
16 I'
I conditional development permit for large industrial and commercial
17 !
I development, improvement or building shall be finally accepted or
I
18 !,
il approved unless or until the subdivider or owner shall transfer to
19 II
i! said City clear and unenc\.mlbered title to sufficient shares of water
'I
20 I:
I stock or water rights to insure the delivery of that amount of water
,
21 "
" which by custom and common usage is required for proper irrigation
22 II
[' of the land involved therein, or for domestic, manufacturing or
23 Ii
Ii industrial uses, whichever amount is greater. Upon transfer of the
24'i
II said shares or rights to said City, the Board of Water Commiss ioners
25 Ii
u II shall pay to the subdivider or owner the current and going values
:' of such shares or rights which shall be in accordance with the
27i1
II values of water stocks and water rights in this locality determined
28 I!
I
. on present market values established by the Board of Water Commis-
291
I
I sioners after investigation and study thereof, less a charge of
301
I' twenty-five per cent (25%) of the total values to be paid to said
all
I' subdivider or owner.
32
I
i
I _ 1 _
I
,
I
ii
Ii
"
Y'
f
"
i
-, .''''A''.... ......'S'<iK'O'''-"_ ...~~.~,~"
,.
I
)
1
SECTION THREE:
WATER AGENCY AGREEMENT. In addition to
2 . an~ not as a limitation on the foregoing requirements, said sub-
3 divider or owner shall execute at the time of said transfer a water
4 agency agreement whereby said subdivider or owner shall appoint the
5 City of San Bernardino his agent to exercise the riparian and over-
6 lying water rights fGr the benefit of the land involved therein in
7 the manner and form prescribed by the Board of Water Commissioners.
8
Inlieu of the foregoing requirements of this section, the Board of
Water Commissioners may require that said subdivider or owner shall
transfer the riparian and overlying water rights to the City of San
9
10
11
Bernardino.
12
SECTION FOUR: OTHER REQUIREMENTS. In the event there are
13
no shares of water stock or water rights appurtenant to the land to
be improved or available elsewhere to the subdivider or owner for
said transfer, the Board of Water Commissioners may exercise its
discretion with respect to requirements in lieu of said transfer;
provided that said Board may waive the requirements of Section Two
and Three of this ordinance for good cause or when the urgency or
14
15
16
17
18
19
20
necessity therefor ceases.
21
SECtION FIVE: PENALTY. Any person, firm or corporation
violating any of the provisons of this ordinance shall be deemed
22
23 : guilty of a misdemeanor and upon conviction thereof shall be pun-
I
241
,
,
25 '
I
261
,
,
ishable by a fine not exceeding FIVE HUNDRED DOLLARS ($500.00) or
by imprisonment for a term not exceeding six (6) months, or by
both such fine or imprisonment.
SECTION SIX: VALIDITY. If any section, sentence, clause
27'
~ ~ or phrase of this ordinance is for any reason held by a court of
,
!
~ competent jurisdiction to be invalid, such decisions shall not
~ effect the validity of the remaining portions of this ordinance.
31 : The Common Council of the City of San Bernardino hereby declares
I
32 I that it would have passed and does hereby pass this ordinance and
I
- 2 -
""
10 :i
"
i
:1
11 :i
II
i:
12 I,
131:
"
14i'
I'
15 Ii
I:
16 II
,
Ii
17 I
I'
18 I,
19 Ii
il
"
20 "
!;
I
I .s.
21 :1
"
22 I:
!:
i;
23 II
24 I"
I
'I
25 Ii
2611
"
Ii
27 ii
'I
I'
"
28 "
Ii
2911
"
Ii
30 II
"
31 "
3211
i'
I
~
II
'I
I
!
1 I each section, sentence, clause and phrase hereof, irrespective of
.
2 the fact that anyone or more sections, sentences, clauses or
3 phrases be declared invalid, or unconstitutional.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6
meeting thereof, held on
, 19~, by the following
Bernardino at a
the~ day of
i
7 ,i
I'
8 II
Ii
9 Ii
i'
vote, to wit:
" 'J '7 ".' /'
fA /~. ,".. ../- C::~~t'H'~~lU,'
~on c, ilmen,' .s--Kt!C~, ,,~', '( , -H,4.a, ''!!-7'/, '-' f::?f,~ /;1
~ .e?~,4W.1-rLJ{LU{/, /,
-jl:;' h Z <:.L/ rJ ' ABSENT: :j:? t/7t C// ,
AYES:
NOES:
~" 0/~
-4f :./. Q'n...~
(JI ity Clerk _ /
~e foregoing Ordinance is hereby approved thi~
day of f-zd//t141' ';,1962..
Approved as to form:
~ ':J'
/"--;
, ," // C
",' /! /, ~<;' >,<'/A/ ,,p,
. . ~"f,... .,. ; '-",~'-"" _,,_,_
I ity' ttorney
/
~' &?4~/
- 3 -