Santa Cruz Rock Pavement Co. v. Heaton

Citations

• 105 Cal. 162
• 38 P. 693
• 1894 Cal. LEXIS 1130

Syllabus

<p>Street Improvement—Permissive 'Statute.—Section 6 of the act to provide for work upon streets, approved March 18, 1885, which provided that “the city council may by ordinance prescribe general rules directing the superintendent of streets and the contractor as to the materials to be used, and the mode of executing the work under all contracts thereafter made,” is permissive, and not mandatory upon the city council, and the prescribing of general rules is not a condition precedent to the jurisdiction of the council to order a street improvement where both the order and the contract for doing particular work sufficiently specifies the material to be used, and the mode of doing the work.</p> <p>Id.—Statutory Construction—Use of Word “may.”—The word “may” in a statute does not primarily and ordinarily denote the imperative mood of the verb to which it is attached, but merely imports permission, ability, possibility, and contingency, and should never be interpreted as mandatory, except by compulsion of the context, showing that the legislature must have used it in that sense.</p> <p>Id.—Adoption of Plans and Specifications—Resolution of Council.— The plans and specifications for a street improvement may be adopted by resolution of the council, signed by the president of the council, and do not require an ordinance signed by the mayor.</p>