Barnes v. Hill
| Decision Date | 02 February 1909 |
| Citation | 99 P. 927,23 Okla. 207,1909 OK 29 |
| Parties | BARNES, Mayor, et al. v. HILL. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
A public park is a public utility within the meaning of that term as used in section 27 of article 10 of the Constitution (Bunn's Ed. § 293).
[Ed Note.-For other cases, see Municipal Corporations, Dec. Dig § 864. [*]
For other definitions, see Words and Phrases, vol. 8, p. 7774.]
An incorporated city may in the manner provided in said section of the Constitution issue bonds for the purpose of constructing sidewalks around walks and driveways through its public park, and for the paving of the streets surrounding the same.
[Ed Note.-For other cases, see Municipal Corporations, Dec. Dig § 864. [*] ]
Error from District Court, Logan County; A. H. Huston, Judge.
Mandamus by J. F. Hill against C. M. Barnes as mayor and E. W. Kinan as clerk of the city of Guthrie. Judgment for plaintiff, and defendants bring error. Affirmed.
This is an action for a writ of mandamus brought by the defendant in error in the district court of Logan county against plaintiff in error to compel the plaintiffs in error to execute and deliver 30 public utility bonds in the sum of $1,000 each, with coupons attached. The mayor and council of the city of Guthrie by resolution submitted to the qualified taxpaying voters of said city at an election held on the 23d day of June, 1908, the question whether bonds running for 25 years for public utilities and city improvements in the city of Guthrie, to wit, for the improvement of streets including the paving thereof around Capitol Square, should be issued. A majority of the votes cast at such election were in favor of the issuance of the bonds. It is agreed that said election was regularly called and held. Pursuant to the result of the vote, the mayor and city council enacted an ordinance on the 19th day of November, 1908, authorizing and directing the issuance of the bonds in controversy for constructing public utilities within the city of Guthrie, to wit, the improvement of streets and sidewalks around Capitol Square and approaches to Convention Hall, in the sum of $30,000, with interest at 5 per cent. per annum, running 25 years. Defendant in error, Hill, subsequently entered into a contract with the city of Guthrie to furnish the material and to perform the work necessary to make the improvements on Capitol Square Park by constructing approaches to, and driveways around, the Convention Hall, and sidewalks around said park; also, to pave the streets surrounding said square to the extent that the same was properly chargeable against said property. Under the terms and conditions of his contract said Hill agreed to purchase at par said bonds, or so much thereof as might be necessary to pay for such improvements, and accept the proceeds thereof in payment for said work. The mayor and city clerk refused to execute and deliver to the treasurer of the city the bonds as directed by said ordinance. From the judgment of the district court awarding the writ, this appeal has been taken.
Tibbetts & Green, for plaintiffs in error.
Decius & Levy, for defendant in error.
The sole contention of plaintiffs in error is that the purpose for which the bonds are to be issued is not a public utility within the meaning of that term as used in section 27 of article 10 of the Constitution (Bunn's Ed. § 293). That section reads in part as follows: "Any incorporated city or town in this state may, by a majority of the qualified property taxpaying voters, of such city or town, voting at an election to be held for that purpose, be allowed to become indebted in a larger amount than that specified in section 26, for the purpose of purchasing, or constructing public utilities, or for repairing the same, to be owned exclusively by such city. ***" Snyder's Const. Okl. Ann. p. 320.
The language of this section has already been twice before this court for construction. State v. Millar, 96 P. 747; State ex...
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