City of Redondo Beach v. Cate

BEATTY, C. J.

This is a proceeding by

mandamus

to compel the city treasurer to sign certain improvement bonds and coupons. A peremptory writ was awarded upon the facts alleged in the petition, the defendant having declined to answer after his general demurrer was overruled.

It appears that in January, 1900, Redondo Beach was a city of the sixth class; that its board of trustees, proceeding under the act of March 19, 1889, authorizing the incurring of indebtedness by municipal corporations (Stats. 1889, p. 399), passed an ordinance declaring that the public interests and necessity of the people of that city demanded that the follow

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ing named municipal improvements be constructed and procured, to wit:—

“The sidewalking, curbing, guttering, graveling, grading, and sewering of Ocean View Avenue, La Alameda, Benita Avenue, Emerald Street westerly from Chautauqua Avenue to La Alameda; also, grading and graveling certain portions of Camina Real, Chautauqua Avenue, Elena Avenue, Pearl Street, and portions of Carnelian Street. ’ ’

This was followed up by proceedings apparently regular in all respects, eventuating in an ordinance authorizing and directing the issuance of the bonds and coupons in question, and making it the duty of appellant, as city treasurer, to sign the same. His refusal to sign is based upon the ground, among others, that neither the act of March 19, 1889, nor any other act authorizes the issuance of municipal bonds or the incurring of municipal indebtedness for the purpose specified in the ordinance.

This, we think, was a valid objection and fully justified the defendant in his refusal to sign. The trustees of a municipal corporation have no power to issue the bonds of the corporation except in the eases and under the conditions prescribed by law, and there is no warrant for the issuance of the bonds here in question unless it can be found in the act of 1889 or its amendments. The first section of that act reads as follows:—

“Any city, town, or municipal corporation, incorporated under the laws of this state, may, as hereinafter provided, incur indebtedness to pay the cost of any municipal improvement, or for any purpose whatever requiring an expenditure greater than the amount allowed for such improvement by the annual tax levy.”