Union Paving Co. v. City Council

This mandamus proceeding seeks to compel a city council to assess or reassess charges against city lots for payment of street paving costs. The trial court denied peremptory writ. Petitioner appeals.

By resolution of May 1, 1946, respondent city council au *441 thorized the city engineer to enter into a contract with petitioner to perform street work in a designated area. The work was to be performed under the Improvement Act of 1911 and was to be charged against the lots benefited thereby (Sts. & Hys. Code, §§ 5000-6794). The contract was executed and petitioner substantially completed the work by February 25, 1948. On that day, the city engineer made and filed his assessment covering the sum total due for the work and distribution of such cost among the lots benefited (Sts. & Hys. Code, §§ 5360-5362). The city objected to the assessment (Sts. & Hys. Code, § 5366), asserting deficiencies in petitioner’s performance. Hearing upon the protests was noticed for March 24, 1948. Petitioner did some corrective work, but refused to comply with other demands, and the city made these repairs. Also, petitioner paid only a portion of the incidental expenses (Sts. & Hys. Code, §§ 5024,…