Foytik v. Aronson

Opinion

SULLIVAN, J. This case presents the question of the constitutional validity of the extraordinary majority requirement of former article XI, section 18, now article XIII, section 40 of the California Constitution (see West-brook v. Mihaly, ante, pp. 765, 772, fn. 1 [87 Cal.Rptr. 839, 471 P.2d 487], for an explanation of the renumbering of the constitutional provision here involved and of our reasons for our reference thereto under its former numbering). Section 18 provides, in pertinent part, as follows: “No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose, ...”

Petitioners are registered voters of, taxpayers to and parents of children attending public schools in the City of Davis. Each voted in favor of three municipal bond propositions submitted to the voters of that city at an election held in October 1969. All three propositions received a majority of the votes cast but less than the two-thirds majority required by article XI, section 18.1

Respondent Aronson is the Mayor of the City of Davis. Respondents Aronson, Asmundson, Miller, Skinner, and Woodbury are members of the Davis City Council. Respondent Reese is Manager and City Clerk of Davis.

At city council meetings held subsequent to the election and official canvass of the vote, petitioners demanded of the respondent members of the council that they declare that the bonds described above (fn. 1, ante) had been duly approved by the voters and that they authorize the issuance of the bonds. Respondents refused.2

[820]Petitioners then initiated this proceeding contending that they are entitled to have the bonds issued since to do otherwise would debase and dilute their votes in violation of the equal protection clause. They seek: (1) a declaration that the two-thirds majority requirement of article XI, section 18 contravenes section 1 of the Fourteenth Amendment to the United States Constitution; and (2) a peremptory writ of mandate commanding respondents to do all things necessary and proper to issue and sell the bonds. We issued an alternative writ to which respondents have made return by answer.