State ex rel. Adams v. Allen

• Decision Date: 31 July 1934
• Docket Number: 3077.
• Citation: 34 P.2d 1074,55 Nev. 346
• Parties: STATE ex rel. ADAMS, Mayor, v. ALLEN, City Clerk.
• Court: Nevada Supreme Court

34 P.2d 1074

55 Nev. 346

STATE ex rel. ADAMS, Mayor, v. ALLEN, City Clerk.

No. 3077.

Supreme Court of Nevada

July 31, 1934

Original proceeding in mandamus by the State, on the relation of W. R Adams, Mayor of the City of Sparks, against W. S. Allen, City Clerk of the City of Sparks, Washoe County, to compel respondent to publish a notice of sale of bonds of the city. From an order dismissing the proceeding, relator appeals.

Affirmed.

R. S Flanary, City Atty., of Sparks, and Le Roy F. Pike, of Reno for relator.

Gray Mashburn, Atty. Gen., and W. T. Mathews and Julian Thruston, Deputy Attys. Gen., for respondent.

PER CURIAM.

This is an original proceeding in mandamus instituted to compel W. S Allen, as city clerk of the city of Sparks in said county, to forth-with proceed to publish a notice of sale of $36,000 of the bonds of said city for the purpose of relieving the unemployment existing therein, and for constructing a drainage system, culverts and bridges, and extending and renovating the sewer system.

It was heard on the issues made by relator's petition and respondent's answer thereto. Thereafter an order was made dismissing the proceedings. The petition shows, inter alia, that the city of Sparks is organized and operating under a special act of the Legislature of the state of Nevada, approved March 15, 1905. On the 9th day of October, 1933, the city council, acting under the authority granted by sections 53 and 54 of the charter, adopted a resolution known as resolution No. 174, providing for the issuance of $45,000 worth of municipal bonds. The resolution provides that the bonds shall be of the denomination of $1,000 each, dated January 1, 1934, numbered from 1 to 45, consecutively, and shall be due and payable as follows: Bonds numbered 1 and 2 shall be payable on January 1, 1935; bonds numbered 3 and 4 shall be payable on January 1, 1936; and in like manner until January 1, 1944, two of said bonds in numerical sequence shall be redeemed. On January 1, 1944, three bonds in numerical sequence shall be redeemed, and on January 1, 1949, redemption of three bonds each year shall cease, and from that date on two bonds in numerical sequence shall be redeemed until all of said bonds are redeemed.

The resolution also provides that a special bond election shall be conducted pursuant to the statutes of the state of Nevada, 1933, chapter 95 at page 116, and that due notice of said election be given as required by law.

A petition requesting that a special election be held to determine whether or not the bonds proposed in resolution 174 shall issue was filed by a number of taxpayers and residents of the city of Sparks, and thereafter an ordinance providing for a special election was passed and adopted pursuant to which a special bond election was held on November 25, 1933. The result of the election was 422 votes for the bond issue and 175 votes against the bond issue. Thereafter, the city council enacted City Ordinance No. 134, in which it was recited that it was not necessary to issue 45 bonds, and providing for the issuance, advertisement, and sale of 36 bonds...