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311 Government Code, Section 37100 provides that the Council may pass ordinances not in conflict with the Constitution and laws of the State or the United States. Therefore, the right of the people of the City of Santa Ara to adopt ordinances by the initiative process is limited to the adoption of ordinances not in conflict with the Constitution and the laws of the State or the United States, As I told you, I am informed and believe that the City will be involved in litigation regarding the above initiative regardless of what the City does in this matter. In all probability, the next 0ity election will be held on April 7, 1953. In fairness to the proponents of this proposed initiative measure, I believe an approach which will allow all questions regarding the legality to be raised in one action should be followed. The time is short and I doubt if-two separate actions, even at the Superior Court level, could be completed in time to allow this measure ~to be placed on the ballot if the Court finally held that it should be. No California Court has ever passed on Section 1705 of the Election Code. A decision on this Section would be of service to all cities of the State. In my opinion the main interest of the Council at this time should be to avoid multiplicity of actions. X have always believed that one of the preliminary duties of a City Council was to avoid the neSdless or wasteful expenditure of tax money. You should also consider your duty in this regard and seek to adopt a position which will require the expenditure of the fewest tax dollars. I point this out especially because I do not believe that the adoption of the proposed initiative ordinance would change or correct or benefit or harm anything or interest in the City. That is, I do not believe it is legislative in nature. The Council as such can have no interest in the adoption of or defeat of this proposed initiative ordinance. Therefore, you~ duty to avoid unnecessary expenditure of tax funds would seem to be a clear obligation upon your Honorable Body. The only other obligation is to afford the proponents of this measure an opportunity fop an early amd complete Court determination." In Re Application to solicit funds .On recommendation of the appointed committee and on motion of Trustee Dahl, seconded by Hunter and carried, the request of B.F.Harbury, Principal, Stony Crest School, at Petrie, for permission to solicit funds in the sum of $150.00 for the purpose of obtaining funds to build a school unit and remodel an existing building for dormity use, In Re Ordinance Anti-Noise Regulations was denied. On motion of Trustee Hunter, seconded by Dahl and carried, the lng Ordinance entitled: "An Ordinance amending ~Banta Ara Hunicipal CodeI by amending Sections 4270 and ~270.1 and repealing declaring necessity to prohibit noises, was introduced, read, con- lin Re Advertise for bids - Fire Hose sidered and placed on file for second reading. On motion of Trustee Jerome, seconded by Dahl and carried, the Clerk was authorized to advertise for bide for 1200 ft. of 1~" double .Jacketed cotton rubber lined fire hose with brass rocker lug coupling~ coupled in 50 ft. lengths with Pacific Coast standard thread. 1000 ft. of 2~" double Jacketed cotton rubber lined fire hose with brass rocker lug couplings coupled in 50 ft. lengths with National Standard thread. Two 10 ft. lengths of 4~" hard suction Bose Couplings to be furnished by the City of Santa Ans. In addition, bids are invited on unit price for additional 50 ft. lengths of 2~" hose with couplings as specified in the basic bid. Bids to be In Re Condemnation South half Richland St., west of Shelton February 2, 1953. On motion of Trustee McBride, seconded by Dahl and carried, the City Attorney and Engineer'were instructed to p~epa~e necessary Resolution for condemnation to acquire the south half of Richland Street fo~ aa approximate distance of 100 feet west of Shelton Street, and present In Re Resol. No. 53-~ Agreement with Pac.Elec. Ry. Co. (Grade crossings at Orange Ave.) to the Council at the next meeting. .On motion of Trustee Dahl, seconded by Jerome and carried, the ing Resolution entitled: "Authorizing the execution of an agreement with the Pacific Electric Railway Company for the construction of two at grade crossings" was read, considered, designated Resolution No. 53-4 and passed by following vote: Ayes, Trustees Noes, Trustees Absent, Trustees William Jerome, J.L.McBride, .~ilford W. Dahl, Courtney R. None None Orson H. Hunter, Chandler.