White

City of Burlingame v. White

Good Law
165 Cal. App. 2d 177·1958 Cal. App. LEXIS 1274·331 P.2d 670
Court of Appeal of CaliforniaNovember 17, 1958Civ. No. 18400California966 words

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…

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