Metropolitan Water District v. Heilbron

PATROSSO, J. pro tem.* This is an original proceeding in mandate instituted by the Metropolitan Water District of Southern California, hereinafter referred to as the ‘1 district, ’ ’ against the respondent, the secretary of its board of directors, to compel the latter to publish a notice inviting proposals for an issue of $26,400,000 waterworks bonds, series 4, authorized by an ordinance and a resolution adopted by the district’s board of directors. The respondent has made return by general demurrer.

The district is a public corporation organized under the statute known as the “Metropolitan Water District Act’’ (Stats. 1927, ch. 429, p. 694) and amendments thereto, hereinafter referred to as the “Act.’’ On June 5, 1956, a special election was held in the district pursuant to the provisions of section 7.3 of the Act for the purpose of submitting to the qualified voters of the district a proposal, substantially in-the language set forth in said section 7.3, authorizing the district to incur indebtedness from time to time for the purpose of constructing or installing additional works or facilities for development, transportation and distribution of water. At said election more than a majority of the qualified voters of the district voting on such proposal at said election voted in favor thereof.

Pursuant to such authorization and in accordance with sections 7.2 (Stats. 1955, ch. 1400, p. 2513) and 7.3 (Stats. 1957, ch. 1, p. 277) the district prior to October 28, 1958, issued three series of bonds aggregating in principal amount $51,-000,000 of which an amount of $48,250,000 will remain outstanding and unpaid on April 1, 1959.

On October 28, 1958, pursuant to said authorization and in accordance with sections 7.2 and 7.3 of the Act the district’s [192]board of directors duly adopted ordinance Number 93 authorizing the issuance of $26,400,000 waterworks bonds, series 4, said bonds to be dated April 1, 1959, and payable in 12 equal annual installments commencing April 1, 1960, with interest at a rate to be fixed upon the sale thereof but not to exceed 4% per cent per annum. By said resolution its secretary, respondent herein, was directed to publish notice inviting sealed proposals for said series 4 bonds. The respondent has refused to publish such notice upon the asserted ground that the ordinance and resolution purporting to authorize the issuance and sale of said bonds are invalid.

Mandamus is an appropriate remedy to compel respondent to publish the notice inviting proposals for the bonds in question if the proposed issue meets the requirement of law because the action demanded is ministerial. (City of Los Angeles v. Offner (1942), 19 Cal.2d 483 [122 P.2d 14, 145 A.L.R. 1358]; City of Oxnard v. Dale (1955), 45 Cal.2d 729, 731 [290 P.2d 859].)