UNION SAFE DEPOSIT BANK v. CITY OF MENLO PARK (1935)

It is hereby ordered that the opinion in the foregoing entitled action be, and the same is hereby, amended by striking out the last three sentences thereof and inserting in the place of the portion stricken out the following:

‘We are therefore of the opinion that a mandatory duty rests upon the respondents to levy and collect a tax to meet said delinquent assessments, such tax, however, being limited to 10 cents on each $100 of assessable property as provided in section 16(a) of said act (St. 1915, p. 1449, as amended in 1921, St. 1921, pp. 224, 230), and that said levy be made and said tax levied on or before the time fixed by law for the next general tax levy for municipal and county purposes. As the duty to levy and collect said tax to pay the principal and interest on said bonds is a continuing obligation, the question involved herein has not become moot. American Securities Co. v. Forward, 220 Cal. 566, 32 P.(2d) 343, 96 A. L. R. 1268.

‘It is hereby ordered that a writ of mandate issue directed to respondents commanding them to levy and collect said tax in the amount and at the time stated herein.’

The petition for a rehearing herein is denied.

PER CURIAM.