C. J. Kubach Co. v. McGuire

SHENK, J.

At a special election held in 1923 in the city of Los Angeles the electors thereof authorized the issuance of bonds in the sum of $5,000,000 for the construction

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of a new city hall. By a vote of more than two to one said electors have expressed a preference for the construction of a new building on a plot of ground 400 feet wide and 800 feet long on North Main Street between First and Temple Streets, and to consist of a twenty-eight story structure approximately 400 feet in height. The main portion of the building as designed and approved by the voters will, if constructed, be 200 feet wide by 400 feet long to the height of four stories, then 150 feet wide by 250 feet long for an additional six stories, and the balance of the building will be in the shape of a tower 110 feet square.

The city has expended in excess of two and one-half million dollars for the acquisition of the land upon which to construct the building as proposed. The necessary excavations have been made and the foundations have been constructed. Contracts have been let for the steel construction and other contracts, not included within the general contract, hereinafter mentioned, have been awarded. After proceedings duly taken pursuant to the requirements of the city charter a contract was awarded to the petitioner for furnishing all necessary labor, materials, equipment and appliances for the construction of that portion of the new building embraced within the plans and specifications for the general contract for the sum of $2,852,700. The contract was duly prepared and by proper resolution the board of public works directed its president, the respondent herein, to sign the same on behalf of said city as provided by the charter. The respondent has refused to sign the contract on the ground that it calls for the construction of a building in excess of 150 feet in height and therefore in alleged violation of section 3 (11) (a) of the charter, which provides :

“No building, structure or any part thereof of a height exceeding one hundred fifty feet shall be erected within that portion of the City described as follows, or within one hundred fifty feet of the exterior boundaries of said district:

“Bounded on the north by Temple Street, and the easterly prolongation thereof; on the east by San Bedro Street, and the northerly prolongation thereof; on the south by Pico Street and on the west by Figueroa Street.”