City of Santa Barbara v. Davis
Before: Gray
Synopsis
Municipal Charter—Power of City Council—Purchase of Site for Engine-House—Presumption of Good Faith—Mandamus.—Where the charter of a city authorizes it to acquire land necessary or convenient for municipal purposes, the city council may purchase land declared to be necessary and convenient as a site for a fire-engine-house; and where there is nothing in the charter requiring it, the city council need not include in the ordinance for the purchase a provision for the building, nor declare their intention in reference thereto further than is indicated by the purchase of a site for that purpose. It must be presumed that the city council has acted, and will act, in good faith; and their decision and declaration as to the necessity of the purchase for such site is not open to review by the city clerk or by a taxpayer. Mandamus will lie to compel the city clerk to draw his warrant for the purchase money, as provided in the ordinance.
[670]
GRAY, C.
An application was made in the court below by the plaintiff city for a writ of mandate to compel the city clerk, Davis, to indorse the action of plaintiff’s city council in allowing the claim of Mercedes Gutierrez for sixteen hundred dollars for the agreed purchase price of a site for a fire-engine-house, upon said claim, and issue his warrant for said amount. The writ was granted, and the defendant, Davis, appeals. Stafford, who intervened as a taxpayer, also appeals.
The position of both the defendant and the intervener is, that the plaintiff’s charter does not authorize the purchase of land for buildings which its council may or may not thereafter determine to build, but only for buildings which the council has already actually and definitely determined to build, and that in this case no determination of the council actually to build the engine-house mentioned in the ordinance is shown.
The provisions of the charter relating to the subject are as follows: “Said corporation shall have power: ... 4. To acquire, receive, hold, and enjoy real and personal property within and without its territory, necessary, or convenient for municipal purposes, or for the exercise of the powers granted to said corporation, and sell, convey, and dispose of the same for the common benefit.” (Stats. 1899, sec. 4, p. 451.) Again it is provided: “The council shall have the power by ordinance: ... 36. To provide and maintain all public buildings, parks, or squares, necessary or proper for the use of the city, and to acquire lands therefor, and for other public uses within or without the city.” (Stats. 1899, sec. 43, pp. 457, 460, sub-sec. 36.)
The council of said city duly adopted an ordinance which recited the public necessity of purchasing a certain lot of land belonging to Mercedes Gutierrez, particularly described said land, and went on to recite as follows: “That said public interest, convenience, and necessity demand and require said purchase of said lot of land for the purpose of erecting thereon a building for said city, to wit, a municipal-building site which shall accommodate and be sufficient for a building to house and protect the fire-engine, hose-cart, and horses therefor
belonging to
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