State ex rel. French v. City of Seattle, 26089.

• Decision Date: 29 July 1936
• Docket Number: 26089.
• Parties: STATE ex rel. FRENCH v. CITY OF SEATTLE et al.
• Court: Washington Supreme Court

59 P.2d 914

187 Wash. 58

STATE ex rel. FRENCH v. CITY OF SEATTLE et al.

No. 26089.

Supreme Court of Washington

July 29, 1936

Department 2.

Appeal from Superior Court, King County; James B. Kinne, Judge.

Suit by the State of Washington, on the relation of Marion C. French against the City of Seattle, a municipal corporation, and others. Judgment for the plaintiff, and the defendants appeal.

Affirmed.

A. C Van Soelen, Corp. Counsel, and John E. Sanders, Asst. Corp. Counsel, both of Seattle, for appellants.

Tanner & Garvin and Paul P. Ashley, all of Seattle, for respondent.

HOLCOMB Justice.

Only one question is involved in this case, and that is what the word 'ordered' means in the Local Improvement Guaranty Fund Act passed in 1927, Rem.Rev.Stat. § 9351-1 et seq. We agree with both parties that the case is very simple. That being true, the discussion is much too extended.

The trial court found and concluded in favor of respondent for recovery of an interest coupon due April 23, 1935, and ordered it paid by appellants, from which judgment comes this appeal.

Local Improvement District No. 4535 was 'ordered,' subsequent to the effective date of the Local Improvement Guaranty Fund Act above cited.

Another statute, section 9359, Rem.Rev.Stat., provides: 'Any such improvement may be ordered only by ordinance of the council or other legislative body of such city or town, either upon petition or resolution therefor.'

Seattle was and is a city of over 300,000 population for which the Local Improvement Guaranty Fund Act, above cited, was created.

Section 1 thereof, Rem.Rev.Stat. § 9351-1, reads: 'There is hereby established for each city and town in the state a fund for the purpose of guaranteeing to the extent of such fund and in the manner hereinafter provided, the payment of its local improvement bonds and warrants issued to pay for any local improvement ordered; (a) In any city of the first class having a population of more than three hundred thousand, subsequent to the effective date of this act; (b) In any city or town having created and maintained a guaranty fund under this chapter, subsequent to the date of establishment of such fund; (c) In any other city or town, subsequent to April 7, 1926.'

The effective date of that act, under our Constitution, art. 2, § 31, was June 8, 1927. On May 2, 1927, Ordinance No. 52903 was enacted by Seattle. Section 1 reads: 'That there is hereby created and established a 'Local Improvement Guaranty Fund' for the purpose of guaranteeing to the extent of such fund, and in the manner provided by law, the payment of local improvement bonds and warrants issued to pay for any local improvement hereafter ordered, as contemplated by Chapter 209, Session Laws of 1927.' This ordinance became effective June 1, 1927.

On June 3, 1927, the mayor approved Ordinance No. 53087 ordering the improvement of Fortieth Avenue North, Local Improvement District No. 4535. A section of that ordinance reads: 'This ordinance shall take effect and be in force thirty days from and after its passage and approval. * * *'

No decision is cited by appellants which holds that an ordinance is in effect Before its...