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A city passes Ordinance No. 2029-10, the Street Vendor Safety and Proximity Ordinance. It requires all street vendors to obtain a Public Welfare Certification from the City Health Office; prohibits street vending within 150 meters of any hospital, public school, or church within the city; and imposes an annual registration fee plus penalties including seizure of vending equipment and temporary suspension of permits for violations. The mayor signs the ordinance. A group of informal street vendors challenges the ordinance via a petition for certiorari, arguing that the city lacks authority to regulate street vending and that the ordinance conflicts with national health and safety laws. Discuss whether Ordinance No. 2029-10 is intra vires or ultra vires. In your answer, (a) identify the controlling doctrine or rules governing local legislation; (b) distinguish the controlling rule from related concepts; and (c) apply the doctrine to the facts to determine the validity of the ordinance and the effect on third parties, including possible remedies.

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Clara

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