Schooley v. City of Chehalis

Citations

• 84 Wash. 667
• 147 P. 410
• 1915 Wash. LEXIS 816

Syllabus

<p>Municipal Corporations — Indebtedness—Limit—Water System. Art. 8, § 6, of the state constitution prohibiting municipal indebtedness in excess of five per cent of the taxable property, excepting that, in case of municipally owned water, light and sewer systems, it may incur an additional five per cent indebtedness, with the assent of three-fifths of the voters, does not contemplate that the excess of indebtedness for general purposes, which is void under the constitution, should be taken into account as a limitation on the indebtedness for a water system, since the constitution expressly authorizes indebtedness to the extent of five per cent of the assessed valuation for the purpose of purchasing, owning, and controlling such utilities as water systems.</p> <p>Municipal Corporations — Bonds—Issuance—Submission to Voters — Rate of Interest. A proposition for a bond issue by a city submitted to the voters thereof, in which the bond interest was stated as “at a rate not exceeding six per cent per annum,” following the language of Rem. & Bal. Code, § 8007, is sufficient without fixing a definite rate of interest, as such bonds are the subject of competitive bids in the open market and it is common practice for a bidder to state the rate of interest which he is willing to accept.</p> <p>Municipal Corporations — Ordinances—Repeal of Amending Ordinance. An ordinance which expressly re-enacts in amended form a section of an original ordinance which had been amended, and then repeals the former amendatory ordinance, does not thereby repeal the original section with the elimination of the amendatory ordinance.</p> <p>Municipal Corporations — Bonds—Proposition—Use of Proceeds. A proposition for the issuance of bonds for the purchase and maintenance of a water system is not illegal as contemplating the use of the proceeds of the bonds for maintenance purposes, in violation of the provision of Rem. & Bal. Code, § 8008, which provides that the maintenance of such a system shall