BOOK 20_1945-05-21 to 1946-09-03

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0 within, or without, the limits of said city. In subdivision 17 the city is given authority and power to do and perform any and all other acts and things necessary, proper, or convenient to carry out the provisions of the Charter. The City Council has heretofore appointed a committee and undertaken to sponsor the organization of a district hospital, under the hospital district act of this'State and the question arises whether the City can undertake to pay the Board of Supervisors for the incidental expenses to organize such a district if the voters should decide adversely'on"the question. In my opinion, the organization of a hospital destrict and the man- agement of a hospital does not cease to become a municipal affair merely because the district embraced territory beyond the bounds of the City. It is evident that the purpose of the Council in promoting the organiza- tion of the district was to obtain a broader base of taxation for the erection and maintenance of the hospital than could have been had if the organization of the hospital was made purely a municipal affair of the City of Redwood City without the aid of surrounding territory. Bearing j in mind that the hospital district, if organized will provide a public service or public utility for the benefit of the people of Redwood City, it does not seem to me to effect the right of the Council to appropriate money for the payment of the expenses of the election merely because the service is incidentally rendered to persons outside the City of Redwood City; The same principle applies to the activities of this City or any city in furnishing water. Incidentally the city may serve the citizens or residents'out side the City if it becomes convenient or necessary so to do. This power has been specifically upheld in several cases, in- cluding Durant vs. the City of Beverly Hills 39 Cal. Ap 2d.133. In another case it was held that a city may acquire, operate and issue ' bonds to finance a municipal bus line running to another city under ex- press constitutional grant of power though the service would benefit non- residents and non -tax payers. The City of Mill Valley vs. Saxton 41 Cal Ap 2d 290. assure the Board of'Supervisors that if the election is de- feated you will reimburse the county for the expense of the election in the amount of approximately $2,100.00. Respectfully submitted, PAUL A McCARTHY City Attorney Mr. Paul Jones appeared before the Council urging reconsideration of the ordinance which was introduced at the last meeting of the Council in re- gard to the keeping of chickens in the first residentigl district. He asked that instead of prohibiting the keeping of chickens in this,district that the Council merely revoke the war time measure in regard to the distance chickens must be -kept from surrounding dwellings. He said he hed discussed the matter with many residents in the first residential dis- trict who were desirous of keeping chickens and that also the President of the United States had urged that people raise chickens to help alleviate the food shortage. Councilman Granger stated he had been considering this matter and that he had intended when voting for the ordinance that only the war time measure was being rescinded. Councilman Anderson stated thst he had been absent when the ordinance was voted upon but that it had also been his opinion that it was intended to revert to the ordi- nance in effect before the war. Councilman Armstrong was of the opinion that the ordinance adopted before the war was entirely out of order in..the first residential district and that he did not favor the keeping of chick- ens, goats, etc. in the first residential district which would be allowed if only the war time measure were rescinded. A Mr. Kimberley spoke from the floor urging that chickens be allowed in this district on the basis that it was discriminatory to prohibit them. Councilman Britschgi was of I the opinion that inasmuch as there was no objection to the ordinance i adopted in 1941 he believed the Council should only rescind the war time measure. Councilman Anderson suggested that this be done and if there are v any complaints amore severe ordinance be enacted. Councilman Britschgi 245