People ex rel. Cuff v. City of Oakland

Citations

• 123 Cal. 598
• 56 P. 445
• 1899 Cal. LEXIS 1125

Syllabus

<p>Municipal Corporations—Annexation to City—Sanitary Districts.— Sanitary districts, though public corporations, are not organized under the municipal incorporation act, and may be annexed to an incorporated city, under the act of 1889 (Stats. 1889, p. 358), without necessity of “consolidation” of the corporations under section 8 of the municipal government act of 1883.</p> <p>Id.—Effect of Annexation—Cessation of Powers of Sanitary District. A sanitary district being an inferior corporation to that of a city which is capable of exercising the same and other functions, its annexation to the city under the statute involves a cession of the powers of the inferior corporation to the greater, and a consequent dissolution of the sanitary district as the result of the annexation.</p> <p>Id.—Division of District—Dissolution.—Where part of a sanitary district is annexed to a city, and part of it is not annexed, the consequent dissolution of the district cannot render the annexation unlawful, but the property of the district is to be disposed of as indicated by section 21 of the act under which sanitary districts are organized. (Stats. 1891, p. 223.)</p> <p>Id.—Annexation to Ward of City.—A sanitary district annexed to a city, which by its charter is limited to a specified number of wards, may be assigned to the ward of the city which is contiguous to the territory annexed.</p> <p>Id.—Constitutional Law—Control of “ Municipal Affairs.”—The provision of section 6 of article XI of the constitution, as amended in 1896, exempting the control of “municipal affairs” from the operation of general laws, does not operate to prevent the annexation of territory to a municipal corporation under the provisions of an act of the legislature, with the consent of the municipal corporation.</p> <p>Id.—Change of City Charter.—The annexation of territory to a municipal corporation does not effect a change of the city charter within the inhibition of section 8 of article XI of the constitution.