City of Monrovia v. Black

This is au original proceeding in this court for a writ of mandate, by which the City of Monrovia seeks to compel the defendant, as city clerk of said city, to countersign certain proposed city bonds, and to affix its corporate seal thereto. The petition sets up the proceedings leading up to the proposed issuance of bonds, and the matter is submitted to us on the petition and the defendant’s demurrer thereto.

The proceedings in question were taken under the act of February 25, 1901 [Stats. 1901, p. 27], providing for the issuance of municipal bonds. This statute must be substantially complied with in the issuance of bonds thereunder. The authority of the legislative body of a city to issue such bonds arises only after a compliance with the statute in relation to conditions precedent. (City of Inglewood v. Kew, 21 Cal. App. 611 [ 132 Pac. 780 ].)

In this case the board of trustees, which is the legislative body of petitioner, passed a preliminary resolution in which they declared “that the public interest and necessity demand the acquisition, construction and completion by said City of Monrovia, of a certain revenue producing improvement,” described the improvement, and estimated…