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167 The City Attorney submitted Resolution , accepting a grant of easement from the Tacoma Mill Company covering right-of-way for sewers along the Pulgas Ranch line from Hopkins Avenue to Brewster Avenue , which was unanimously adopted on motion of Councilman Christensen , seconded by Councilman McNulty. Councilman Eva , seconded by Councilman Fletcher , proposed the adoption of the following resolution which was unanimously carried. RESOLVED by the Council of the City of Redwood City that whereas in pursuance of Ordinance No . 361 of said city heretofore duly passed and adopted there was held in said city on the 24th day of September , 1935 , an election for the purpose of submitting to the qualified voters and electors thereof the following proposition , to-wit : PROPOSITION : Shall the City of Redwood City incur a bonded indebtedness in the principal sum of $425 , 000 . 00 in accor- dance with the provisions of the ordinance calling the election at which this proposition is submitted , for the object and purpose of acquiring the following municipal improvement of said City , to-wit : A municipal investment bond fund to be used for the purchase of municipal securities or evidences of debt either of said City of Redwood City or of boroughs or districts therein; including municipal bonds of said City , bonds of boroughs or districts therein or any bonds or liens arising out of the construction or acquiring of public improve- ments by local assessment within said municipality? AND WHEREAS , thereafter the votes cast at said election were duly canvassed as required by law and it appearing that more than two-thirds of the qualified electors voting at said election duly authorized the incurring of said bonded indebtedness in the sum of $425 , 000 . 00 as aforesaid , for the purpose set forth in said proposition above mentioned. AND WHEREAS , thereafter Ordinance No . 365 of the City of Redwood City was duly passed and adopted providing for the incurring of said bonded indebtedness and the issuance of bonds therefor in the sum of $425 ,000 . 00 in accordance with said proposition so sub- mitted at said election. AND WHEREAS , said Ordinance No . 365 became effective on the 21st day of November , 1935 . AND WHEREAS , said City of Redwood City is desirous of selling said bonds heretofore authorized at said election . AND WHEREAS , said bonds were voted under the authority of that certain act of the Legislature of the State of California entitled "An Act Authorizing Any Municipality to Incur Indebtedness by the Issuance and Selling of Bonds for the purpose of Investing the Proceeds Arising From the Sale Thereof in Other Bonds , Evi- dences of Debt or Liens Issued for Public Improvements in said Municipality" approved April 22 , 1915 , and amendements thereto . AND WHEREAS , the Treasurer of the City of Redwood City has refused to execute the bonds heretofore authorized in the sum of $425 , 000 . 00 upon the ground that said Act last mentioned herein is unconstitutional and that it is illegal for the city to issue bonds thereunder . NOW THEREFORE BE IT RESOLVED by the Council of the City of Redwood City that the City Attorney of said city be and he is hereby authorized, ordered and directed in the name of and on be- half of said city to institute a mandamus proceeding in such court as he may deem proper for the surpose of mandamasing and requiring the Treasurer of said city to sign said bonds hereinbefore men- tioned as such Treasurer. The departmental reports were ordered filed. The approved claims were ordered paid on motion of Councilman McNulty , seconded by Councilman Fletcher. Adjournment . 411( E j City Clerk BEM: MR