Shorts v. City of Seattle

Citations

• 95 Wash. 531
• 164 P. 239
• 1917 Wash. LEXIS 859

Syllabus

<p>Statutes — Construction. . Notwithstanding the public utilities act must receive a strict construction, the legislative intention, when apparent, must prevail.</p> <p>Municipal Corporations — Public Improvements — Indebtedness— Authority — Submission to Vote. The city charter of the city of Seattle, art. 4, § 18, providing that the city council shall have power to provide for the acquisition of water works, authorizes the council to provide therefor by ordinance, within the meaning of subd. 2 of Rem. Code, § 8005, authorizing a city to acquire a public utility or make any betterments thereto without submitting the same to a vote of the people, where, in the city charter, adopted by a vote of the people, an article or provision had been adopted authorizing the city council to provide by ordinance for acquiring a utility.</p> <p>Same. It is not essential that the charter provision contain the words “by which no general indebtedness is to be incurred by such city or town” as found in the statute, where, as a matter of fact, no general indebtedness is to be incurred in acquiring the utility.</p> <p>Same — Public Improvements — Bonds — Conditions — Statutes. Where the city charter relating to municipal water bonds contains no limitations as to the maturity of bonds payable solely from the earnings of public utilities, the city council has power to fix the date of their maturity, under Rem. Code, § 8008, providing that such bonds shall he payable at such times and places as the council shall determine.</p> <p>Constitutional Law — Legislative Powers — Public Policy. The question of public policy in the matter of the issuing of municipal bonds for acquiring public utilities is a legislative question pure and simple.</p>