City of Los Angeles v. Post War Public Works Review Board

156 P.2d 746, 26 Cal. 2d 101, 1945 Cal. LEXIS 137
CourtCalifornia Supreme Court
DecidedFebruary 23, 1945
DocketL. A. No. 19213; L. A. No. 19224; S. F. No. 17128
StatusPublished
Cited by11 cases

This text of 156 P.2d 746 (City of Los Angeles v. Post War Public Works Review Board) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Los Angeles v. Post War Public Works Review Board, 156 P.2d 746, 26 Cal. 2d 101, 1945 Cal. LEXIS 137 (Cal. 1945).

Opinion

SHENK, J.

The city of Los Angeles, the county of Los [103]*103Angeles and the city of Oakland filed separate petitions for the writ of mandate to compel the respondent Post War Public Works Review Board to perforin its duties pursuant to chapter 47, Statutes of 1944, Fourth Extraordinary Session, approved June 20, 1944. They are deemed to be companion proceedings and are submitted on the petitions, the demurrers thereto, and the briefs of the parties.

The petitions present the question of the constitutionality of said act which is entitled: “An act making an appropriation FOR ALLOCATION TO CITIES, COUNTIES, AND CITIES AND COUNTIES TO DEVELOP A POSTWAR PUBLIC WORKS PROGRAM COMPRISING THE PREPARATION OF SURVEYS AND PLANS AND SPECIFICATIONS FOR PROPOSED PUBLIC WORKS AND THE ACQUISITION OF RIGHTS-OF-WAY AND SITES FOR MAJOR STREETS, ROADS, BRIDGES, SEWERAGE AND OTHER PUBLIC FACILITIES, AND PROVIDING THE PROCEDURE FOR MAKING SUCH ALLOCATIONS. ’ ’

The legislative purpose and declaration contained in section 1 reads as follows: “The termination of the present war will inevitably create serious economic problems for the people of this State.

“The change from a war economy to a peacetime economy and the tremendous and sudden increase in population in this State necessitate a corresponding increase in public works and facilities which is so widespread that it is a matter of State interest, necessary for the state-wide protection of the public health, safety and public welfare.

“The prevention of unemployment and the relief of hardship and destitution due to and caused by postwar unemployment is [sic] a joint obligation and duty of the Nation and the State within the limits of their resources. Postwar unemployment and its attendant misfortunes can be partially averted and alleviated by making adequate plans and preparation for an extensive program of public works to be constructed and engaged in during the period of postwar adjustment and until such time as private industry and commerce can provide employment for the men and women who will be discharged from the armed forces or who will be released from their present employment upon the termination of wartime activities. The experience of this State during the depression years of unemployment and its attendant hardships points to the necessity for a public works employment program. Failure to make provision for an adequate public works program in time to [104]*104meet the economic problems which will rise upon termination of the war will require the State to expend large sums to provide direct relief to persons who might otherwise be usefully employed in constructing necessary public works. Funds appropriated under this act by the State together with funds provided by local agencies to assist the State in carrying out the purposes of this act will enable the local agencies to engage in a large construction program which will provide employment for those military personnel discharged from the armed forces and those whose present employment will be terminated by the cessation of war production.

“A substantial program of postwar public works for the above purposes can be formulated only if such a program is planned now and carried out jointly by the State and by the counties and cities of the State, making provision in such a program for Federal participation at such time as the National Government may declare such a policy.

‘ ‘ The Legislature hereby declares that the granting of financial assistance in the preparation of plans and the acquisition of sites by the counties, cities and counties and cities, as provided in this act, is for State purposes because of the statewide need for increase in public works and facilities and also as a part of and incidental to the averting of a serious postwar economic crisis and in furtherance of its plans to provide employment for some part of its citizens during the period of economic readjustment that will result upon the termination of the war or the substantial diminishing of war production in this State.”

Section 5(a) creates the Post War Public Works Review Board, consisting of the Director of Finance as chairman, the Director of Public Works, the Director of Reconstruction and Reemployment, and the Legislative Auditor, to function without compensation except reimbursement for actual and necessary expenses out of moneys made available from the appropriation for the support of the Director of Finance. The board is given the duty in subsection (b) to “prescribe rules and regulations for the general administration of this act, requiring such procedure, forms and information as it deems necessary.” By subsection (c) the Director of Finance is required to administer the act and provide such assistance to the board as the latter may require.

Section 6 reads: “The sum of ten million dollars ($10,000,-[105]*105000) is hereby appropriated out of any money in the State treasury not otherwise appropriated to be expended pursuant to allocations to local agencies made in accordance with the provisions of this act and for the purpose of administering this act.”

By section 7, $6,875,000 of the $10,000,000 appropriation is permitted to be expended for the purpose of defraying one-half or less, designated as the state’s share, of the cost of preparing plans for specific projects to be allocated to local agencies (defined by section 2 as any county, city and county, or city of the state) as provided in section 25. Three million dollars may be expended for one-half or less, called the state’s share, of the cost of acquisition by local agencies of rights of way and sites for public works projects in which there is a state interest aside from the relief of unemployment, naming, but not as exclusive, highways, and major street improvement, sewage treatment and disposal plants, and sanitary facilities (§16). Fifty thousand dollars is made available for the support of the controller and $75,000 for the support of the Director of Finance (§26).

Section 8 provides that a local agency may from time to time apply to the Director of Finance for an allotment of the state’s share of the estimated cost of preparing a plan which is defined by section 4 as a set of engineering field surveys and engineering or architectural designs, working and detailed drawings and specifications required for a specific project, including (§3) new construction, modifications and alterations (but not ordinary repair and maintenance) of public buildings, streets, bridges and publicly owned and operated facilities,. including but not limited to sewage treatment and disposal plants and sanitary facilities, airports and existing water supply systems, except public utilities not expressly mentioned. The director is required to approve the application within sixty days after receipt of all information requested by him and thereupon make the allotment provided by section 25.

Sections 9,10 and 11 deal with the method of reimbursement to the local agency, which the board shall by rule prescribe, from the allotted share of the state as the work of preparation progresses.

Section 12 provides that if work is begun on any plan before [106]*106the effective date of the act, the estimated cost includes the cost of work done on the plan on and after July 1, 1944.

Sections 13, 14, 15, 17, 18, 19, 20 and 21 are mainly procedural.

Section 22 provides that title to rights of way and sites shall vest, not in the state, but in the local agency making the acquisition.

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Bluebook (online)
156 P.2d 746, 26 Cal. 2d 101, 1945 Cal. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-los-angeles-v-post-war-public-works-review-board-cal-1945.