Dolan
Board of Supervisors v. Dolan
Opinion
Opinion
Kane, J.
In this mandate proceeding, we are called upon to determine the constitutionality of the Marks-Foran Residential Rehabilitation Act of 1973 (Health & Saf. Code, § 37910 et seq., hereinafter referred to as “the Act”), which authorizes cities, counties, cities and counties, and redevelopment agencies and housing authorities within such cities, counties, and cities and counties, to make long-term, low-interest loans to finance residential rehabilitation in depressed residential areas in order to encourage the upgrading of property in such areas (§ 37911) and to issue bonds for the purpose of financing such residential rehabilitation (§ 37916). This proceeding arose in the following manner:
Pursuant to the authority contained in the Act, the Board of Supervisors of the City and County of San Francisco (hereinafter “City”) drafted Ordinance No. 23-74, establishing its Rehabilitation Assistance Program (hereinafter “RAP”), which was enacted into law on January 9, 1974 (ch. 32, San Francisco Admin. Code). On May 20, 1974, the City adopted Resolution No. 377-74 (hereinafter “the bond resolution”) which was enacted into law on May 22, 1974, when it was signed by the mayor of the…