State ex rel. Independent Asphalt Paving Co. v. Gill

Citations

• 87 Wash. 201
• 151 P. 498

Syllabus

<p>Municipal Corporations—Ordinances—Enactment—Veto. The provision of the Seattle charter, art. 8, § 11, requiring the unanimous vote of all members of the city council to order the grading of a street not initiated by petition, does not require a unanimous vote to override the mayor’s veto of such an ordinance originally passed by a unanimous vote; in view of art. 4, § 16, providing that, upon a reconsideration, the council may override the mayor’s veto by a two-thirds vote of all the members of the council.</p> <p>Same—Public Improvements—Proceedings—Estimates-—-Resolutions—Ordinance. 3 Rem. & Bal. Code, § 7892-14, authorizing an enlarged district in case of special benefits to property extending beyond the boundaries of the district, provides that the petition or resolution for such enlarged district shall specify the fixed proportionate amount to be assessed against the property in the enlarged district; hence it is not necessary that the final ordinance specify the proportion to be charged to the enlarged district.</p> <p>Mandamus—To Oottcebs—Ministerial Acts. Where a mayor refused to approve a contractor’s bond, admitted to be sufficient in amount and form, solely on the ground of the invalidity of the proceedings, mandamus is the proper remedy to compel the approval; since his duty becomes ministerial upon finding the proceedings valid.</p>