[Download] "State v. City Council Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. City Council Et Al.
- Author : Supreme Court of Montana
- Release Date : January 10, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Cities and Towns ? Mandamus ? Housing Authorities Act ? Constitution ? Duty of City Agreeing to Cooperate With Federal Authorities as to Appropriating Preliminary Expenses ? City Acting in Governmental Capacity ? Discretion ? Costs. Cities and Towns ? Mandamus ? Housing Authorities Act ? City Compelled to Appropriate Preliminary Expenses After Creation of Authority. 1. In a proceeding in mandamus to compel a city council, after creation and incorporation of a Housing Authority under the provisions of section 5309.1 et seq., Revised Codes, to estimate and appropriate the amount of money found necessary for the necessary preliminary expenses of the Authority, held, as against the contention that the city had no money in its treasury "not appropriated to some other purpose" (sec. 5309.31), that, the expenditure being a mandatory one "required by law," the city has no discretion in the matter under section 5083.8 authorizing expenditures in cases of emergency, but must estimate the amount necessary and make the appropriation. Same ? Creation of Authority ? Vote of City Council on Resolution not Required to be Unanimous ? Statutes. 2. In the matter of authorizing the creation of a city Housing Authority under the above sections of the Codes, it is not necessary that the city council should pass upon a resolution authorizing expenditures to meet an emergency as provided by section 5083.8, i.e., by unanimous vote, section 5309.4, a part of the Housing Authorities Law, later in point of time and not requiring a unanimous vote, being controlling. Same ? Purpose of Housing Authorities Act ? City Acting in Governmental Capacity ? Police Power ? Constitutional Law. 3. The eradication of slums and substitution in place thereof of safe and sanitary dwellings, contemplated by the Housing Authorities Act, being for the promotion of the general welfare, is for a public, rather than a private or local purpose in the exercise of the states sovereign police powers, and where a city cooperates with such Authority it functions, not in its proprietary but in its governmental capacity, hence the Act is not invalid as levying taxes upon the inhabitants of the city for municipal purposes in contravention of section 4, Article XII, Constitution, particularly where the city by - Page 348 affirmative action has created the Authority and consented to the burdens imposed by the Act. Same ? Discretion of City Council ? When Supreme Court on Mandamus will not Interfere. 4. The Housing Authorities Law gives to the city agreeing to cooperate with the federal authorities in the matter of slum clearance discretion in making an estimate of the expenses reasonably necessary for the first year following its incorporation, and with such discretion the supreme court, on application for writ of mandate to compel action on the part of the city, will not interfere in the absence of arbitrary abuse. Same ? Mandamus ? Successful Relator Entitled to Costs. 5. Where a city and its officers sought to be compelled by writ of mandate under the original jurisdiction of the supreme court to take a certain action, appear and make defense in good faith, the successful relator is entitled, by virtue of section 9858, Revised Codes, to his costs, including a reasonable attorneys fee, which shall be a proper claim against respondents.