Dare

Appellants were proponents of an initiative petition filed with the Lakeport City Council which was the governing body of Lake-port Municipal Sewer District No. 1. The petition concededly met the requirements of Elections Code sections 4000-4023 and 5150-5162. Upon advice of its counsel that the petition’s object was not a proper subject of the initiative process the city council “refused” the petition. Its proponents then sought by superior court mandate proceedings to compel the city council to accept, and thereafter take proper action on, the petition. Following a trial, the supe rior court found against the proponents and entered judgment denying mandate. It is from that judgment that the instant appeal is taken.

Lakeport is what is commonly known as a general law city; it does not function under a municipal charter. Lakeport Municipal Sewer District No. 1 is a regularly organized municipal sewer district, governed, as stated, by the Lakeport City Council. The sewer district contains within its boundaries all of Lakeport and some outside territory.

The city council had enacted Ordinance No. 427, “Providing for and establishing the method of prescribing rules,…