Sections 1 through 6
The people of the Marin Municipal Water District (MMWD) do ordain as follows:
Section 1: Purpose
This ordinance is intended to require that only if there is an affirmative vote for such actions, by the voters of MMWD, may MMWD issue any bonds to construct a desalination facility or spend any other funds or make any contracts to plan for, engineer or construct a desalination facility.
Section 2: Findings
The people of the Marin Municipal Water District hereby find that construction of a desalination plant by or for the Marin Municipal Water District: a) would result in the expenditure of hundreds of millions of dollars of ratepayer money, both for the construction and the operation of such a plant, b) would likely cause significant environmental harm and likely pose significant health hazards and c) is not necessary to meet MMWD’s actual need for water.
The people of the Marin Municipal Water District further find that, because of the severe consequences of such decisions, decisions that might authorize or commit MMWD to the construction and/or operation of a desalination plant are too important to be made solely by the Board of Directors of MMWD, and such decisions should instead be made by a vote of the people.
Section 3: Marin Responsible Water Policy
It shall be the policy of the Marin Municipal Water District (MMWD) not to approve, authorize, or undertake the construction of any facility for the desalination of water from the San Francisco Bay, or other body of water, nor to appropriate, authorize expenditures for, issue revenue, lease revenue or any other type of bonds or approve other funding mechanisms intended to pay for such construction, or take any steps towards approving any contract relating to the planning or construction of any such facility without prior approval of any such actions by a majority of the electorate of the Marin Municipal Water District, voting at an election scheduled by the Marin Municipal Water District to decide whether to give such prior approval for any such actions.
Section 4: Severability
If any provision or provisions of this ordinance are found to be in
conflict with California state law or federal law, or the United
States Constitution, or the Constitution of the State of California,
that provision shall be implemented to the maximum extent that federal
and California state law, and the United States Constitution, and the
Constitution of the State of California permit. The people of the
Marin Municipal Water District hereby warrant and declare that they
intended to vote for each and every provision of this measure
independent of each other provision of this measure, and that any
provision held invalid shall be severable from the remaining portions
of this ordinance.
Section 5: Competing Ballot Measure
In the event another measure (“competing measure”) appears on the same
election ballot for MMWD and addresses a subject matter that overlaps
with the subject matter of this measure, the measures shall be deemed
to be in conflict. If this measure receives a greater number of
affirmative votes than the competing measure, the provisions of this
measure shall prevail in their entirety, and the competing measure
shall be null and void.
Section 6: Retroactive Application
In the event this measure is adopted by the voters, its provisions
shall apply retroactively as of the date the measure was found to have
qualified for placement on the ballot.
