City of Los Angeles v. Lelande

THE COURT.

Petition for writ of mandate.

This is an application for a writ of mandate to compel respondent, as city clerk of the petitioning city, to certify to the passage of an ordinance by the common council of that city ordering certain street work (which includes the construction of sidewalks) under the Vrooman act. Respondent bases his

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refusal to do this upon the contention that the Vrooman act, in so far as it was applicable to the construction of sidewalks, was repealed by the “sidewalk act,” which was approved March 6, 1909 (Stats. 1909, p. 167), and took effect before the date of the passage of the ordinance, to wit, May 11, 1909.

Petitioner, in response to this, contends: (1) That the sidewalk act provides an alternative procedure only; (2) that if it be conceded that it was intended to repeal the Vrooman act with respect to sidewalks, nevertheless, by reason of the re-enactment of section 2 of the Vrooman act on April 21, 1909, which act took effect immediately, with the word ‘ ‘ sidewalks” therein, this act again became operative as to sidewalks (Stats. 1909, p. 1017); and (3) that by amending the Vrooman act on March 18, 1909, by adding a new section thereto numbered 56 (Stats. 1909, p. 399), relating to bids for doing work on sidewalks and curbing, the legislature evidenced its intent that sidewalks should still be constructed under the Vrooman act. Some question is also suggested as to the propriety of the remedy by

mandamus,

but as we read the brief, this is based upon the right of the court to issue a writ in this particular case rather than upon any question as to this being the proper procedure if a case has been made.

The sidewalk act (section 20) expressly declares that it is to be deemed as a repeal of the Vrooman act “and the several acts amendatory thereof and supplemental thereto so far as said act and the several acts amendatory thereof and supplemental thereto relate to sidewalks and the construction thereof, and to the assessments to be made and the enforcement of payments for the expense of the construction of such sidewalks,” but as to all other street work and improvements it is declared that the Vrooman act “shall not be deemed as repealed, amended, or affected by this act.” It contains a new and complete scheme.for constructing sidewalks and assessing the entire cost thereof on the frontage on the same side of the street that the sidewalk is laid; the legislature apparently intending thereby to relieve the property owner on the opposite side of the street from the burden imposed upon him under the Vrooman act as construed in