White
City of Burlingame v. White
Opinion
Lead Opinion
Martinelli, J.
Petitioner, city of Burlingame, a municipal corporation and general law city, seeks a writ of mandamus to compel the respondent, city clerk of the city of Burlingame, to cause bonds in the principal amount of $32,000 to be lithographed, printed or engraved as prescribed by resolution of the city council.
The facts are agreed. Ordinance Number 670 calling a special municipal election, pursuant to the Municipality Bond *178 Act of 1901 (Gov. Code, §§43600-43638), required under section 43608 of the Government Code was duly passed. The relevant portions of that ordinance, in order, read as follows:
The respondent city clerk asserts that he is bound by the estimated costs of the items listed; that the fact that the total cost for all items was specified at $725,000 is not governing since the actual total was $695,000.
Petitioner contends that the items, when added together, total the amount of $695,000, although the actual total shown in the ordinance, and on the ballot was $725,000; that the discrepancy between the individual items and the total amount was due to a patent error in the figures set forth after the description of the acquisitions and improvements, in that the amount…