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Ordinance No. 18-23 Repealing Ordinance No. 95-1

The Board of Directors has determined that that Ordinance No. 95-1 is invalid and unenforceable because it is inconsistent with the District’s enabling statue (see Water Code Section 71000 et seq.), it impairs essential government functions through interference with the District’s fiscal powers (see, e.g., City of Atascadero v. Daly (1982) 135 Cal.App.3d 466; Geiger v. Board of Supervisors (1957) 48 Cal.2d 832), and because neither a voter initiative, nor a governing body such as the District’s Board of Directors, can legislate in a manner that ties the hands of those who come later to exercise the authority (Bighorn-Desert View Water Agency v. Verjil (2006) 39 Cal.4th 205, 220; see also Vagim v. Board of Supervisors (1964) 230 Cal.App.2d 286);

Download the PDF below to read the entire ordinance.

18-23 Repeal of Ordinance No. 95-1.pdf