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Amendments to the Constitution and proposed statutes : with arguments ... online

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diction of such boroughs.

No property in any territory hereafter consolidated with or
annexed to any city or city and county shall be taxed for the
payment of any indebtedness of such city or city and county
outstanding at the date of such consolidation or annexation
and for the payment of which the property in such territory
was not, prior to such consolidation or annexation, subject to
such taxation, unless there shall have been submitted to the
qualified electors of such territory the proposition regarding
the assumption of indebtedness as hereinbefore set forth and
the same shall have been approved by a majority of such elec«
tors voting thereon.

7. In all cases of annexation of unincorporated territory to
an incorporated city, or the consolidation of two or more in-
corporated cities, assumption of existing bonded indebtedness
by such unincorporated territory or by either of the cities so
consolidating may be made by a majority vote of the qualified
electors voting thereon in the territory or city which shall
assume an existing bonded indebtedness. This provision shall
apply whether annexation or consolidation is effected under
this section or any other section of this constitution, and the
provisions of section eighteen of this article shall not be a
prohibition thereof.

The legislature shall enact such general laws as may be
necessary to carry out the provisions of this section and such
general or special laws as may be necessary to carry out the
provisions of subdivisions 5 and 6 of this section, including
any such general or special act as may be necessary to permit
a consolidated city and county to submit a new charter to
take effect at the time that any consolidation, by reason of
annexation to such consolidated city and county, takes effect,
and also, any such general law or special act as may be neces-
sary to provide for any period after such consolidation, by rea-
son of such annexation, takes effect, and prior to the adoption
and approval of any such new charter.

Section 8i, article XI, proposed to be amended,
now reads as follows :

EXISTING LAW.

Section 8 J. It shall be competent, In all char-
ters framed under the authority given by section
eight of article eleven of this constitution, to
provide, in addition to those provisions allowable
by this constitution and by the laws of the state,
as follows:

1. For the constitution, regulation, government,
and jurisdiction of police courts, and for the
manner in which, the times at which, and the
terms for which the judges of such courts shall
be elected or appointed, and for the qualifications
and compensation of said judges and of their
clerks and attaches.

2. For the manner in which, the times at
which, and the terms for which the members of
boards of education shall be elected or appointed,
tor tbeir qualifications, compensation and tqt

Eighty- sev^a



moval, and for the number which shall constitute
any one of such boards.

3. For the manner In which, the times at which,
and the terms for which the members of the
boards of police commissioners shall be elected
or appointed, and for the constitution, regulation,
compensation, and government of such boards
and of the municipal police force.

4. For the manner in which and the times at
which any municipal election shall be held and
the result thereof determined; for the manner in
which, the times at which, and the terms for
which the members of all boards of election shall
be elected or appointed, and for the constitution,
regulation, compensation and government of such
boards, and of their clerks and attaches ; and
for all expenses incident to the holding of any
election.

Where a city and county government hcta been
merged and consolidated into one municipal goV'
ernment, it shall also be competent, in any char-
ter framed under said section eight of said article
eleven, or by amendment thereto, to provide for
the manner in whioh, the times at which and the
terms for which the several county and munic-
ipal officers and employes whose compensation is
paid by such city and county, excepting judges
of the superior court, shall be elected or ap-
pointed, and for their recall and removal, and
lor their compensation, and for the number of
deputies, clerks and other employes that each
shall have, and for the compensation, method of
appointment, qualifications, tenure of office and
removal of such deputies, clerks and other em-
ployes. All provisions of any charter of any
such consolidated city and county heretofore
adopted, and amenrlments thereto, which are In
accordance herewith, are hereby confirmed and
declared valid.

ARGUMENT IN FAVOR OF CITY AND
COUNTY CONSOLIDATION.

The city attorneys of Oakland, Los Angeles
and San Francisco, upon the request of Los
Angeles, met some months ago and in conjunc-
tion worked upon the form of an amendment to
the state constitution which would facilitate the
establishment and extension of consolidated city
and county governments.

Two points arose upon which all three at-
torneys, acting upon advice of tlieir respective
cities, were unable to agree, with the result that
there now appear on the ballot two proposed
amendments treating of this subject. One was
placed there by San Francisco and Los Angeles,
the other by Oakland. The two are exactly the
same except in two instances. Now, Instead of
co-operation and agreement between these three
cities, which It was the original intention and
desire to secure, and which In this time of tiie
Panama-Pacific International Exposition is most
necessary and desirable, the division on the ad-
vocacy of these two so nearly alike amendments
appears to be stirring up internal strife and
prejudice.

In order that tliis may be effectually and cer-
tainly avoided, San Francisco, through Its board
of directors and chamber of commerce, and Los
Angeles, through its city council and chamber
of commerce, have withdrawn their support from
the amendment proposed by San Francisco and
Los Angeles and give support, Instead, to the
amendment proposed by Oakland.

As above indicated a comparison of the two
will show but two differences: which two relate
to territorial limits of consolidated cities and
counties and to the reauired population for a
citv and county con.solfdation.

The following analysis will be helnful to an
under.standing of the proposed amendments, and
we de.sire the reader to note the distinct advan-
tages therein provided for all charter cities In
the state, and not alone to consolidated cities
and cmmties.

Subdivision 1 of this section of the present
constitution remains unchanged. There is added
a trrbx'lsion for mtinlcipal courts. This Is a benefit

ElgTitT-elght



running to all charter cities in the state. This
provision enables these cities to form munlcijal
courts to take the place of the present justice,
police and all other inferior courts. Municipal
courts have proven ve y successful in eastern
cities, and our California cities should have the
power to establish them, provided the electors so
desire

Subdivisions 2 and 8 of the present section
remain unchanged.

Subdivision 4 is identical with the present sub-
division, except that It is worded to make it
certain that all cities as well as consolidated
cities and counties shall have the right to pro-
vide in their charters for the election, terms of
office, compensation and removal of their officials
and employees.

Subdivisions 5, 6, and 7 are new, and provide
a method for the creation of consolidated city
and county governments, and adding or annex-
ing territory to cities or cities and counties.

The amendment was most carefuly drawn on
this point so as to be absolutely fair in its terms.
Every precaution was taken to make any injust-
ice impossible. That this purpose was attained
is seen from the following:

1. No incorporated city can be included In or
annexed to any consolidated city and county
except by consent of a majority vote in such
incorporated city, voting as a separate city.

2. No unincorporated territory can be included
In or annexed to any consolidated city and county
except by consent of a majority of the electors
of the entire outside district voting as a separate
district,

3. No city or unincorporated territory can
form itself into a consolidated city and county
without the consent of a majority of the electors
of the entire county. Thus, the counties as well
as the municipalities of the state are safeguarded.

4. No property in any such city to be so con-
solidated or annexed can be subject to any tax-
ation for an existing indebtedness of any city so
proposing consolidation or annexation, unless a
majority of the electors In the city so consol-
idated or annexed give their consent. Nor can
any unincorporated territory be so taxed, unless
like consent Is obtained from a majority of the
electors of the entire outside district.

5. A majority vote is substituted instead of the
present two-thirds vote requirement, as to the
assumption of indebtedness at the time of an-
nexing territory to a city. If a majority of the
electors of any territory desire to annex their
territory to an adjacent city and have the terri-
tory assume its just share of the city's indebted-
ness, they certainly should have the right to do so.

6. On any change in county lines it is provided
that there must be a just and fair arrangement
between any counties affected, with reference to
the assets and liabilities of such counties.

7. Only contiguous territory can be added.

8. If any incorporated city becomes a portion
of a city and county, the city and county assumes
all the indebtedness of such incorporated city,
and acquires the assets of said city.

9. Since the situation may be very different in
different parts of the state, requiring, for Instance,
one plan in Oakland, another in San Francisco,
and still another in Los Angeles, it is provided
that the legislature may pass special acts to
meet the peculiar conditions in each Instanre. j

10. The legislature is authorized to provide for
the formation of one or more counties from any
portion of a countv remaining after such con-
solidation, or for the transfer of such portions
to adjoining counties. But no territory can b^
so transferred to adjoining counties without th^
consent of its electors. J

11. Anv outlying district with a fixed identity
upon joining In a con.solidated city and county
government may retain its name, identity and
local regulation under the boron erh svstem.

12. When a city reaches a point in ponulation
which gives rise to complicated questions of
government, among them being water supply,
sanitary regulation, harbor and rail terminal
problems, and others of commercial nature, a
need of a local government especially formed
with these difficulties in mind Is pr*»sented.

J. S. CONWKLL.

President Efficiency Oommlssion of Los Angeles



ARGUMENT AGAINST SAN FRANCISCO-LOS
ANGELES AMENDMENT.

The so-called San Francisco amendment to
section 85 of article XI of the Constitution of
the State of California should be. defeated, be-
cause —

Since filing the initiative petition with the
secretary of state, the supervisors of the city
and county of San Francisco have passed resolu-
tions rejecting or abandoning their amendment
and supporting what is now linown as the "Oak-
land amendment," practically as originally pro-
posed by the representatives of Los Angeles.
The city of Los Angeles, through its city council
and commercial organizations, has also concurred
in the Oakland amendment as a substitute, which
is submitted to the voters of the state for their
approval.

Both San Francisco and Los Angeles have
joined in support of the Oakland amendment
because It is fair and just to all sections of the
state, as" it permits Los Angeles to form a con-
solidated city and county government, and en-
ables San Francisco to expand down the peninsula,
which is manifestly just and logical. It also per-
mits other cities having a population of 50,000
or more to form consolidated city and county
governments.

The fact that San Francisco has abandoned the
amendment proposed jointly by that city and Los
Angeles, and has agreed to support the Oakland
substitute, leaves little to be said in argument
against the original amendment. The Oakland
substitute amendment was shaped to meet the
conditions applicable to all three of the cities
and at the same time to allow San Francisco all
tliat it claimed to want — ^the right to extend



down the peninsula by taking in territory that
was originally a part of the county of San Fran-
cisco at the time the city and county was organ-
ized, which territory, with portions from Santa
Cruz county, became a part oi the county of San
Mateo. The city of Oakland at no time had the
disposition to hamper San Francisco's natural
expansion by land. Oakland's opposition was to
annexation across the bay of territory that had
separate interests and desired to retain its in-
dividual initiative in municipal matters. Further-
more, Oakland and the east bay cities objected
to being subjected to the taxing powers of the
city of San Francisco or to be made participants
in carrying its burden of bonded indebtedness.
It was for this reason that Oakland declined to
co-operate with San Francisco and Los Angeles
on an amendment permitting annexation in any
direction across county lines.

But assuming that the San Francisco plan of
annexing territory should prevail, its most dan-
gerous feature lies in the fact that it is designed
in the interest of that city alone and is there-
fore "special legislation," San Francisco being
the only city in the state that desires unlimited
permission to annex territory across the county
lines of at least four counties. This we believe
is unreasonable and against the best interests
of the state.

Oakland wants to be left alone to develop her
own grreat resources in her own way. She has
a great harbor to develop and she does not wish
to lose control of it or to become a minority
stockholder in a greater political corporation.
She wishes to retain both her individuality and
her independence, and she does not feel war-
ranted in turning over to San Francisco those
civic questions which concern her future develop-
ment and prosperity. W. B. Gibson.



CONSOLIDATION OF CITY AND COUNTY, AND LIMITED
ANNEXATION OF CONTIGUOUS TERRITORY.

(Proposed by city of Oakland.)

Initiative amendment to section Si of article XI of constitution. Present section unchanged
except to authorize chartered cities to establish municipal courts, and control appointments,
qualifications and tenure of municipal officers and employees; authorizes cities exceeding 50,000
population to consolidate and annex only contiguous territory included within county from
which annexing territory was formed on consolidation, or concurrently or subsequently added
to territory excluded from original consolidated territory; requires consent of annexed terri-
tory and of county from which taken; prescribes procedure for consolidation and annexation.

The electors of the State of California present be elected or appointed, and for the qualifications



to the secretary of state this initiative petition
asking that the Constitution of the State of Cali-
fornia be amended as hereinafter set forth, and
the following amendment to said constitution be
submitted to the electors of the State of Cali-
fornia for their approval or rejection, at the
general election to be held in the month of No-
vember, 1914.

That section eight and one half of article
eleven of the Constitution of the State of Cali-
fornia, relating to the powers conferred on cities,
and cities and counties, by the adoption of char-
ters, or amendments thereof, be amended so as
to provide for the extension of such powers, the
consolidation of city and county governments,
the annexation of territory thereto, and the
assumption of bonded indebtedness by territory
annexed to or consolidated with an incorporated
city or city and county, and to read as follows:

PROPOSED LAW.

Section 8i. It shall be competent, in all char-
ters framed under the authority given by section
eight of this article to provide, in addition to
those provisions allowable by this constitution
and by the laws of the state as follows:

1. For the constitution, regulation, government,
and jurisdiction of police courts, and for the
manner in which, the times at which, and the
terms for which the judges of such courts shall



and compensation of said judges and of their
clerks and attaches; and for the establishment,
constitution, regulation, government and juris-
diction of municipal courts, with such civil and
criminal jurisdiction as by law may be conferred
upon Inferior courts; and for the manner In
which, the times at which, and the terms for
which the Judges of such courts shall be elected
or appointed, and for the qualifications and com-
pensation of said Judges and of their clerks and
attaches; provided such municipal courts shall
never be deprived of the jurisdiction given In-
ferior courts created by general law.

In any city or any city and county, when such
municipal court has been established, there shall
be no other court Inferior to the superior court;
and pending actions, trials, and all pending busi-
ness of inferior courts within the .territory of
such city or city and county, upon the establish-
ment of any such municipal court, shall be and
become pending in such municipal court, and ail
records of such Inferior courts shall thereupon be
and become the records of such municipal court.

2. For the manner in which, the times at which,
and the terms for which the members of boards
of education shall be elected or appointed, for
their qualifications, compensation and removal,
and for the number which shall constitute any
one of such boards.

3. For the manner in which, the times at which,
and the terms for which the members of the

Eighty-nine



boards of police cominlsslonen shall be elected or appointed;
and for the constitution, regulation, compensation, and gorem-
ment of such boards and of the municipal police force.

4. For the manner in which and the times at which any
municipal eleetioo shall be held and the result thereof deter-
mined; for the manner in which, the times at which, and the
terms for which the members of all boards of election shall be
elected or appointed, and for the constitution, regulation, com-
pensation and government of sudi boards, and of their clerks
and attaches, and for all expenses incident to the holding of
any election.

It shall be competent in any charter framed in accordance
with the provisions of this section, or section eight of this
article, for any city or consolidated city and county, and
plenary autiiority is iiereliy granted, subject only to the restric-
tions of tills article, to provide therein or by amendment
thereto, the manner in which, the method by which, the thnes
at which, and the terms for whidi the several county and
municipal dBcers and employes whose compensation is paid by
such city or city and county, excepting judges of the superior
court, shall be elected or appointed, and for their recall and
removal, and for their compensation, and for the number of
deputies, clerks and other employes that each shall have, and
for the compensation, method of appointment, qualifications,
tenure of office and removal of such deputies, clerks and other
employes. All provisions of any charter of any such city or
consolidated city and county, heretofore adopted, and amend-
ments thereto, which are in accordance herewith, are hereby
confirmed and declared valid.

5. It shall be competent in any charter or amendment
thereof, which shall hereafter be framed under the authority
given by section eight of this article, by any city having a
population in excess of 50,000 ascertained as prescribed by
said section eight, to provide for the separation of said city
from the county of which it has theretofore been a part and
the formation of said city into a consolidated city and county
to be governed by such charter, and to have combined powers
of a city and county, as provided in this constitution for con-
solidated city and county government, and further to prescribe
in said charter the date for the beginning of the official exist-
ence of said consolidated city and county.

it shall also be competent for any such city, not having
already consolidated as a city and county to hereafter frame,
in the manner prescribed in section eight of this article, a
charter providing for a city and county government, in which
charter there shall be prescribed territorial boundaries which
may include contiguous territory not included in such city,
which territory, however, must be included in the county within
which such city is located.

If no additional territory is proposed to be added, then,
upon the consent to the separation of any such city from the
county in which it is located, being given by a majority of
the qualified electors voting thereon in such county and upon
the ratification of such charter by a majority of the qualified
electors voting thereon in such city, and the approval thereof
by the legislature, as prescribed in section eight of this article,
said charter shall be deemed adopted and upon the date fixed
therein said city shall be and become a consolidated city and
county.

If additional territory which consists wholly of only one
incorporated city or town, or which consists wholly of unin-
corporated territory, is proposed to be added, then, upon the
consent to such separation of such territory and of the city
initiating the consolidation proposal being given by a majority
of the qualified electors voting thereon in the county in which
the city proposing such separation is located, and upon the
ratification of such charter by a majority of the qualified elec-
tors voting thereon in such city so proposing the separation,
and also upon the approval of the proposal hereinafter set
forth, by a majority of the qualified electors voting thereon
in the whole of such additional territory, and the approval of
said charter by the legislature, as prescribed in section eight
of this article, said charter shall be deemed adopted, the in-
debtedness hereinafter referred to shall be deemed to have been
assumed, and upon the date fixed in said charter such territory
and such city shall bi and become one consolidated city and
county.

The proposal to be submitted to the territory proposed to

Ninety



be added shall be substantially in the followino fbim and sub*
mitted as one Indhrisible question:

"Shall the territory (herein designated in general terms the
territory to be added) consolidate with the city of (herein
insert name of the city initiating the proposition to fonn a
city and county government) in a consolidated city and county
government, and shall the charter as prepared by the city of
(herein insert the name of the city initiating such proposition)
be adopted as the charter of the consolidated city and county,
and shall the said added territory become subject to taxation
along with the entire territory of the proposed city and county,
in accordance with the assessable valuation of the property of
the said territory, for the following indebtedness of said city
(herein insert name of the city initiating such proposition)
to-wit: (herein insert in general terms reference to any debts
to be assumed, and if none insert 'none').'*

If additional territory is proposed to be added, which includes
unincorporated territory and one or more incorporated cities or
towns, or which includes more than one incorporated city or
town, the consent of any such incorporated city or town shall be
obtained by a majority vote of the qualified electors thereof
voting upon a proposal substantially as follows: •

"Shall (herein insert the name . of the city or town to be
included in such additional territory) be included in a district
to be hereafter defined by the city of (herein insert the name
of the city initiating the proposition to form a city and county
government) which district shall, within two years from the
date of this election, vote upon a proposal submitted as one
indivisible question that such district to be then described and
set forth shall consolidate with (herein insert name of the
city initiating said consolidation proposition) in a consolidated I
city and county government, and also that a certain charter,
to be prepared by the city of (herein insert name of the city



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 29 of 36)