Galt County Water District v. Evans

PULLEN, P. J.

The Galt County Water District and its directors seek by this proceeding to compel the secretary of the district to execute certain bonds heretofore authorized for the purpose of acquiring water works, canals, conduits and reservoirs, and also storage rights, lands and equipment useful or necessary to convey and make use of water for irrigation, power and other purposes.

No question is presented as to the validity of the organization or formation of the district nor the steps taken to incur a bonded indebtedness for the purposes stated above.

The answer of the respondent and the complaint of the intervener and the demurrers of petitioners thereto present but a single question for the determination of this court, namely: Does the fact that in 1935 the Sacramento Municipal Utility District annexed the Galt County Water District preclude .the Galt County Water District from the exercise of the power to incur a bonded indebtedness granted by the

[117]

Act of June 10, 1913. (Stats. 1913, p. 1049; Act 9124, p. 5052, Deering’s Gen. Laws, 1931.)

Respondent and intervener cite and rely upon the case of

In re Sanitary Board of East Fruitvale Sanitary District,

158 Cal. 453 [111 Pac. 368], That was a proceeding instituted by the sanitary board of the East Fruitvale Sanitary District pursuant to section 18 of an act for the formation of sanitary districts, Statutes of 1891, page 223, to determine the right of the board to issue bonds, and the validity thereof.

From the petition it appeared that the East Fruitvale Sanitary District was organized in May, 1909, under the provisions of said act, the territory comprising the district being in the county of Alameda. Following the organization the sanitary board initiated proceedings for the construction of a sewer system and the issuance of bonds in payment thereof. An election was called and at such election the requisite two-thirds vote was cast in favor of the issuance of the bonds. Following this election and prior to the order of the sanitary board directing that bonds be issued in accordance with the vote of the electors of the district, an election was held for the purpose of annexing to the city of Oakland certain adjacent territory embraced within the East Fruit-vale Sanitary District, and the vote cast being in favor thereof, the territory became a part of the city of Oakland. Thereupon the city of Oakland challenged the right of the sanitary board to issue the bonds previously voted by the East Fruitvale Sanitary District. Upon the hearing of the issues thus presented the trial court found in favor of the sanitary district and held that the same had not been dissolved by reason of said annexation. However, on appeal, the Supreme Court held that upon the completion of the annexation the powers of the sanitary district and of the district sanitary board ceased.