Barkley

The city of Redondo Beach, a municipal corporation organized as a city of the sixth class under the Municipal Incorporation Act of March 13, 1883 (Stats. 1883, p. 93), filed its application for a writ of mandate to compel the respondent, its city clerk, to countersign certain bonds which the petitioner proposes to issue. An alternative writ issued, whereupon the respondent demurred to the petition, and the only question is whether the statutory steps precedent to the issuance of the bonds were properly taken.

Prom the allegations of the petition, which are not disputed, it appears that the board of trustees of the city, at a regular meeting held on January 8, 1906, passed and adopted by the unanimous vote of all its members, a resolution determining that the public interest and necessity demanded the construction by the city of a septic outfall sewer system; that the estimated cost of the said improvement was eighty thousand dollars, and that said cost was too great to be paid out of the ordinary annual income and revenue of the city. This resolution was on the eighth day of January, 1906, approved by the president of the board of trustees, and was duly published. On said eighth…