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

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initiating such proposition) be adopted as the charter of such
consolidated city and county, and that such .district become
subject to taxation along with the entire territory of the pro-
posed city and county in accordance with the assessable valu-
ation of the property of said district for the following indebted-
ness of said city of (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')."

Any and all incorporated cities or towns to which the fore-
going proposal shall have been submitted and a majority of
whose qualified electors voting thereon shall have voted in
favor thereo^ together with such unincorporated territory as
the city initiating such consolidation proposal may desire to
have included, the whole to form an area contiguous to said
city, shall be created into a district by such city, and the
proposal substantially as above prescribed to be used when the
territory proposed to be added consists wholly of only one
incorporated city or town, or wholly of unincorporated tenitory,
shall, within two years, be submitted to the voters of said
entire district as one indivisible question.

Upon consent to the separation of such district 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 electors voting thereon in such city, and upon the
approval of the proposal hereinbefore set forth by a majority
of the qualified electors voting thereon in the whole of the
said district so proposed to be added, and upon the approval
of said charter by the legislature, as prescribed in section
eight of this article, said charter shall be deemed adopted,
the said indebtedness referred to in said proposal shall be
deemed to have been assumed, and upon the date fixed in said
charter, such district and such city shall be and become one
consolidated city and county.

6. It shall be competent for any consolidated city and county
now existing, or which shall hereafter be organized, to annex
territory contiguous to such consolidated city and county, unin-
corporated or otherwise, whether situated wholly in one county,
or parts thereof be situate in different counties, said annexed
territory to be an integral part of such city and county, pro-
vided that such annexation of territory shall only include any
part of the territory which was at the time of the orioinil
consolidation of the annexing city and county, within the county



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from which such annexino city and county was formed, togithcr
with territory which was concurrently, or has since such consol-
idation been Joined in a county oovemment with the area of
the original county not included in such consolidated city and
county.

If additional territory, which consists wholly of only one
incorporated city, city tod county or town, or which consists
wholly of unincorporated territory, is proposed to be annexed
to any consolidated city and county now existing or which shall
hereafter be organized, then, upon the consent to any such
annexation being given by a majority of the qualified electors
voting thereon in any county or counties in which any such
additional territory is located, and upon the approval of such
annexation proposal by a majority of the qualified electors
voting thereon in such city and county, 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
territory proposed to be annexed, the indebtedness hereinafter
referred to shall be deemed to have been assumed, and at the
time stated in such proposal, such additional territory and such
city and county shall be and become one consolidated city and
county, to be governed by the charter of the city and county
proposing such annexation, and any subsequent amendment
thereto.

The proposal to be submitted to the territory proposed to
be annexed, shall be substantially in the following form and
submitted as one indivisible question:

"Shall the territory (herein designate in general terms the
territory to be annexed) consolidate with the city and county
of (herein insert the name of the city and county initiating
the annexation proposal) in a consolidated city and county
Bovemment, said consolidation to take effect (herein insert
date when such consolidation shall take effect) and shall the
said annexed territory become subject to taxation, as an integral
part of the city and county so formed, in accordance with the
assessable valuation of property of said territory for the follow-
ing indebtedness of said city and county of (herein insert
name of the city and county) to-wit: (herein insert in general
terms, reference to any debts to be assumed and if none insert
'none')."

If additional territory including unincorporated territory and
one or more incorporated cities, cities and counties, or towns,
or including more than one incorporated city, city and county,
or town, is proposed to be annexed to any consolidated city
and county now existing or which shall hereafter be organized,
the consent of each such incorporated city, city and county,
or town, shall be obtained by a majority vote of the qualified
electors of any such incorporated city, city and county, or
town, voting upon a proposal substantially as follows:

"Shall (herein insert name of the city, city and county, or
town, to be included in such annexed territory) be included
in a district to be hereafter defined by the city and county of
(herein insert the name of the city and county initiating the
annexation proposal) 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 de-
scribed and set forth shall consolidate with (herein insert name
of the city and county initiating the annexation proposal) in
a consolidated city and county government, and that such
district become subject to taxation, along with the entire terri-
tory of the proposed city and county in accordance with the
assessable valuation of the property of said district for the
following indebtedness of said city and county of (herein insert
name of the city and county initiating the annexation pro-
posal) to-wit: (herein insert in general terms, reference to any
debts to be assumed and if none insert 'none')."

Any and all incorporated cities, cities and counties, or towns,
to which the foregoing proposal shall have been submitted, and
a majority of whose qualified electors voting thereon shall have
voted in favor thereof, together with such unincorporated terri-
tory as the city and county initiating such annexation pro-
posal may desire to have included, the whole to form an area
contiguous to said city and county, shall be created into a
district by said city and county, and the proposal substantially
in the form above set forth to be used when the territory pro-
posed to be added consists wholly of only one incorporated
city, city and county, or town, or wholly of unincorporated
territory, shall, within said two years, be submitted to the
voters of said entire district as on^ indivisible question,



Upon content to any such annexation beini given by a ma-
jority of the qualified electors voting thereon in any county
or counties in which any such territory proposed to be an-
nexed to said city and county is located, and upon the
approval of any such annexation proposal by a majority of
the qualified electors voting thereon in such city and county
proposing such annexation, and also upon the approval of the
proposal hereinbefore set forth by a majority of the qualified
electors voting thereon in the whole of the district so proposed
to be annexed, then, the said indebtedness referred to in said
proposal shall be deemed to have been assumed, and upon the
date stated in such annexation proposal such district and
such city and county shall be and become one consolidated
city and county, to be governed by the charter of the city and
county proposing such annexation, and any subsequent amend-
ment thereto.

Whenever any proposal is submitted to the electors of any
county, territory, district, city, city and county, or town, as
above provided, there shall be published, for at least five
successive publications in a newspaper of general circulation
printed and published in any such county, territory, district,
city, city and county, or town, the last publication to be not
less than twenty days prior to any such election, a particular
description of any territory or district to be separated, added,
or annexed, together with a particular description of any debts
to be assumed, as above referred to, unless such pairticular
description is contained in the said proposal so submitted.
In addition to said description, such territory shall also be
designated in such notice by some appropriate name or other
words of identification, by which such territory may be referred
to and indicated upon the ballots to be used at any elec-
tion at which the question of annexation or consolidation of
additional territory is submitted as herein provided. If there
be no such newspaper so printed and published in any such
county, territory, district, city, city and county, or town, then
such publication may be made in any newspaper of general
circulation printed and published in the nearest county, city,
city and county, or town where there may be such a newspaper
so printed and published.

If, by the adoption of any charter, or by annexation, any
incorporated municipality becomes a portion of a city and
county, its property, debts and liabilities of every description
shall be and become the property, debts and liabilities of
such city and county.

Every city and county which shall be formed, or the territory
of which shall be enlarged as herein provided from territory
taken from any county or counties, shall be liable for a just
proportion of the debts and liabilities and be entitled to a
Just proportion of the property and assets of such county or
counties, existing at the time such territory is so taken.

The provisions of this constitution applicable to cities, and
cities and counties, and also those applicable to counties, so far
as not inconsistent or prohibited to cities, or cities and counties,
shall be applicable to such consolidated city and county govern-
ment; and no provision of subdivision 5 or 6 of this section shall
be construed as a restriction upon the plenary authority of any
city or city and county having a freeholders' charter, as pro-
vided for in this constitution, to determine in said charter
any and all matters elsewhere in this constitution authorized
and not inconsistent herewith.

The legislature shall provide for the formation of one or
more counties from the portion or portions of a county or
counties remaining after the formation of or annexation to a
consolidated city and county, or for the transfer of such portion
or portions of such original county or counties to adjoining
counties. But such transfer to an adjoining county shall only
be made after approval by a majority vote of the qualified
electors voting thereon in such territory proposed to be so
transferred.

The provisions of section two of this article, and also those
provisions of section three of this article which refer to the
passing of any county line within five miles of the exterior
boundary of a city or town in which a county seat of any
county proposed to be divided is situated, shall not apply
to the formation of, nor to the extension of the territory of
such consolidated cities and counties, nor to the formation of
new counties, nor to the annexation of existing counties, as
herein specified.

Any city and county formed undervthis section shall havQ
..gitized by VjO(jjinety-on9



tht right, if it m iwm, to b% duignated by the official
nane of tht city initiating the consolidation as It existed
innediately orior to its adoption of a charter providing for a
consolidattd city and county government, except that such
city and county shall be known under the style of a city and



It shall be competent in any charter framed for a consoli-
dated city and county, or by amendment thereof, to provide
for the establishment of a borough system of government for
the whole or any part of the territory of said city and county,
by which one or more districts may be created therein, which
districts shall be known as boroughs and which shall exercise
such municipal powers as may be granted thereto by such
charter, and for the organization, regulation, government and
Jurisdiction 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 besn 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
electors 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 virhether 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
talce 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
reason 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,
for their qualifications, compensation and re-
moval, and for tlie number wliich 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 idlected or appointed, and for the constitution.

Ninety-two



regulation, compensation and government of such
boards, and of their clerks and attaches ; and for
all expenses incident to the holding of any elec-
tion.

Where a city and county government haa been
merged and consolidated into one municipal gov-
ernment, it shall also be competent, in any cliar-
ter framed under said section eight of said article
eleven, or by amendment thereto, to provide for
the manner in which, the times at which and the
terms for which the several county and munic-
ipal ofUcers and employees 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
for their compensation, and for the number of
deputies, clerks and other employees that each
shall have, and for the compensation, method of
appointment, qualifications, tenure of office and
removal of such deputies, clerks and other em-
ployees. All provisions of any charter of any such
consolidated city and county heretofore adopted,
and amendments thereto, which are in accordance
herewith, are hereby confirmed and declared valid.

ARGUMENT IN FAVOR OF OAKLAND CON-
SOLIDATION AMENDMENT.

This Is known as the Oakland, or 50,000 pop-
ulation amendment, as distinguished from the
so-called San Francisco, or 175,000 population
amendment. Both are amendments of section
8 J of article XI of the constitution, governing
the formation of combined city and county gov-
ernments. The Oakland amendment would per-
mit any city of over 50,000 population to form
a combined city and county government; the
San Francisco amendment fixes the minimum
population at 175,000. The former prohibits and
the latter permits the Indiscriminate crossing of
county lines.

This so-called Oakland or 50,000 population
amendment should be adopted because It per-
mits the normal formation and expansion of com-
bined city and county governments, and because
It prohibits the disintegration of counties In the
course of such formation or expansion.

The formation of combined city and county
governments does away with unnecessary dupli-
cation in the creation and filling of public oflSces
and in the doing of public business. When taxes
are levied upon the same piece of property to
raise money with which to pay a city official
and a county official for performing the same
or a similar public service, such taxes are un-
necessarily burdensome, and public funds are
wasted. The formation of combined city and
county governments eliminates this double tax-
ation, without depriving the communities con-
cerned of the benefits of either city or county
government.

A further reason for adopting this proposed
amendment is that it puts a stamp of disap-
proval upon all attempts of San Francisco to
cross San Francisco bay for the purpose of an-
nexing the choicest portions of the counties on
the east and on the north. It permits San Fran-
cisco to expand down the peninsula, along logical
and natural lines, and where such expansion Is
apparently desired, but it prevents any such
expansion across the natural barrier of San
Francisco bay, an expansion which if permitted
would in time make San Francisco in California
what New York city is in New York state — the
dominant factor in the political and official life
of the entire state.

The amendment should be adopted because it
permits the normal and beneficial formation and
expansion of combined city and county govern-
ments, and prevents the abnormal and detri-
mental in the expansion of such governments.

After careful Investigation, the chambers of
commerce and the public officials of Los Angeles
and of San Francisco have abandoned their sup-
port of the so-called 175,000 population amend-
ment, the amendment that would permit San
Francisco to annex all or parts of Alaxpeda.
Contra Copta and Marin counties, as well as



San Mateo, and have publicly endorsed and ap-
proved thta, the 50,000 population amendment,
the amendment that would permit San Francisco
to expand down the peninsula, and would permit
)ther cities besides San Francisco and Los An-
geles to form city and county governments ; and
lave joined witl¥ the other cities throughout the
jtate in asking that this proposed constitutional
uneiidrnent be adopted.

Charles A. Beardslet.

ARGUMENT AGAINST OAKLAND CONSOL-
IDATION AMENDMENT.

The substitute amendment to section 8 J of
irticle XI of the Constitution of the State of
California, submitted by the city of Oakland and
lubsequently accepted by San Francisco and Los
Ingeles, should be designated an amendment to
)€rmit secession of cities and the division of
winties.

It is a measure designed to magnify the po-
itical powers of the three cities named, and
)ermit them, by augmenting their areas, to dom-
nate the State of California in the legislature.

It is an effort on the part of the special in-
erests entrenched in cities to extend their taxing
wwers and exploit the people, through the pur-
chase of certain utilities involving vast bonded
ndebtedness. Its initiative lies in the desire to
listribute the liabilities for the water supplies
md other corporate properties to be purchased
5>' San Franciso and Los Angeles.

It involves the appropriation for exclusive
nunicipal use of waters that are necessary to
the development of the farms, the orchards, and
the mines, upon which the prosperity of the
Jtate depends.

It is a cunningly devised scheme to dismember
uid weaken the counties and to withhold con-
irlbution by the cities to the development of the
)ack country from which they draw their patron-
ige and sustenance.

It further permits any city with a population
)f fifty thousand or over to withdraw or secede
'rom the county in which it is located, with such
:erritory and taxable property as it may take, and
5et up a city and county government separate
'rem the county of which It was formerly a part.

Los Angeles does not disguise its design, by
mnexing certain communities, to coerce them
nto taking the Owens river water, augmenting
nunicipal revenues, and openly declares its pur-
)ose of seceding from the county of Los Angeles,
md forming a city and county of Los Angeles,
IS San Francisco has already done, and as Oak-
and appears to be ambitious of doing.

The joint assets of San Francisco, of Oakland,
ind of the other east bay shore cities are to be
nassed through this amendment In liability for
he Spring Valley purchase and other items In
he San Francisco water supply scheme, as those
>f Los Angeles county are to support the Owens
iver project. The "working agreement" between
KJliticians and financiers promoting this amend-
nent is another evidence that "special interests
nake strange bedfellows."



Purchasing immunity at the price of bad faith,
Oakland makes an alliance with its former en-
emies at the expense of its former friends, and,
casting consistency to the winds, consents to the
dismemberment of other counties, provided its
own territory is protected from invasion.

Every argument which Oakland advanced to
the people of California two years ago in its own
defense may be invoked against the amendment
which it now advocates.

In its frantic appeal to the voters of the state
to protect it from "the menace" of annexation
to San Francisco, Oakland argued against the
amendment permitting county division because —
(a) "it is special legislation of the most vicious
sort"; (b) it "breaks down the present con-
stitutional defense of the territorial integrity of
counties"; (c) "it facilitates the division and dis-
memberment of counties" ; (d) "it is a measure
that will contribute to Increase the political
power and prestige of the San Francisco machine
and enable it to dominate the political situation
in California as completely as Tammany Hall
does in New York" ; (e) "if adopted, it will make
it possible for San Francisco and Los Angeles
to control absolutely the legislature of Cali-
fornia" ; if) "it would open the way for San
Francisco to secure control of practically all the
commercial water front of both sides of the bay.
to throttle competition in ocean commerce, and
to nullify the advantages to the people of the
Panama canal" ; ig) "it would saddle upon the



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 30 of 36)