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'°' `~~ '~°~ BtJARD OF SUPERVISOR
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~~~r'~•:,~eUUI~~'~.•••~ Resc~lufion No. oz-tz9
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RESOLUTION CALLING AN ELECTION: COUNTY CHARTER AMENDMENT
SEPERATING THE OFFICES OF COUNTY SURVEYOR
AND ROAD COMMISSIONER
WHEREAS, the Butte County Charter has consolidated the Offices of County Surveyor
and. Road Commissioner; and
WHEREAS, the Board of Supervisors intends to reorganize the Department of
Development Services and move the Office of County Surveyor, from the Public Works
Department to the Department of Development Services; and
WHEREAS, the Board of Supervisors intends to separate the Offices of County
Survevor and Road Commissioner to a]low the office of County Surveyor to be moved to the
Department of Development Services; and
WHEREAS, the Board of Supervisors intends to change the title of Road Engineer to
Road Commissioner to conform it to state law and to change the title of Horticult~~ra1
Commissioner to Agricultural Commissioner to conform it with the current title used in Butte
County; and
WHEREAS, this Board has determined to submit this charter amendment to the County
voters at the statewide general election to be held on November 5, 2002.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County
of Butte, State of California, as follows:
1. The Board hereby calls an election to be held within the County of Butte on
November 5, 2002, pursuant to Elections Code Section 9140.
2. The question to be submitted to the County voters at said election shall be:
Shall the ordinance enacting a charter amendment separating the Offices of
County Surveyor and Road Commiss~c:?er, which ordinance is attached hereto as Exhibit
A and incorporated herein by this reference, be adopted, which ordinance would ~ j
separate the Offices of County Surveyor and Road Commissioner, 2) rename the Road
Engineer as the Road Commissioner, and 3) rename the Horticultural Commissioner as
Agricultural Commissioner?
3. Said election shall be consolidated with the statewide general election to be held on
November 5, 2002.
4. Said election shall be held and conducted pursuant to the procedures specified in Part
3 of Division 10 of the Elections Code commencing at Section 10400.
5. For the purposes of this election the "County voters" shall include all voters in the
County, including voters in the incorporated areas of the County.
6. In accordance with Elections Code Section 13247, the County Clerk is authorized to
abbreviate the above measure to be submitted to the voters of the County, to read as
follows:
Shall. the ordinance enacting a charter amendment separating the Offices of
County Surveyor and Road Commissioner, be adopted, which ordinance would 1)
separate the offices of County Surveyor and Road Commissioner, 2) rename the Road
Engineer as the Road Commissioner, and 3) rename the Horticultural Commissioner as
Agricultural Commissioner?
YES [ ]
NO [ ]
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Butte, State of California, on the 23r`~ day of July, 2002, by the following votes:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
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CU T JOSIASSEN, Chair
'~ - tte County Board of Supervisors
ATTESTED:
PAUL McINTOSH, Chief Administrative Off cer
and the Clerk of the Board
gy: ~ ~ ~.
Deputy
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Exhibit A
Ordinance No.
AN ORDINANCE AMENDING THE BUTTE COUNTY CHARTER TO SEPARATE THE
OFFICES OF COUNTY SURVEYOR AND ROAD COMMISSIONER
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Article IV, Sections 1, 2 and 3 of the Butte County Code
are amended to read as follows:
"ARTICLE 1~%
Section 1 County officers designated
County officers, other than members of the board of supervisors shall be sheriff; a county
clerk, a treasurer, a recorder, a tax collector, a license collector, a public administrator, a
coroner, a surveyor, a district attorney, an auditor, an assessor, a superintendent of schools, a
bc~~rti~ agricultural commissioner, a ~~elfare officer, a probation officer, a health officer,
a county physician, a road e~irreer commissioner, a county librarian, and other such officers
as are now or may hereafter be provided for by the constitution, by general la~~ or by this
Charter.
Section 2. Consolidation of offices
The following offices are hereby consolidated:
{a) The public guardian shall be ex officio public administrator;
(b) The sheriff shall be the ex officio coroner;
(c) The treasurer shall be ex offiicio tax collector and ex officio license collector:
fej ~ The health officer shall be ex oftcio physician;
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{~} ~ The clerk shat] be ex officio recorder. (1923, p. 1554; 1933, p. 3228; Ord. No. 1 1 13,
l(a}6, 9-1-70, ratified ] 1-3-70; Ord. No. 1909, ~ I(a}, 2-28-78, ratified 6-6-78; Ord. Nu. 2547, ti l(a),
8-14-86, ratified 1 1-4-86}
Section 3. Election of officers; exceptions.
All county officers except the welfare officer, probation officer, the ~ti~ agricultural
commissioner, the health officer, the county physician, the county librarian, the road err~rnzeer
arnef commissioner the surveyor, and such other officers as are now or hereafter may be
appointive by the constitution, general law or this charter shall be elected in the manner
provided by law. (1933, p. 3228)"
Section 2. Article X, Sections 3, 5, 6, 7, and 8 of the Butte
County Code are amended to read as follows:
"ARTICLE X
Section 3. Powers and duties of road etrgirr~~t- commissioner
The county road ett~irreer commissioner shall:
(a} Make all surveys, maps, plans, specifications and estimates necessary or required for the
construction, improvement, maintenance and repair of the county highways and bridges.
(b} Examine and inspect the work performed on such roads, high~~rays and bridges and report
to the board of supervisors as to whether or not the ~~rork has been done in accordance
with the plans and specifications on contracts therefore.
{c) Approve and certify to the progress, estimates and allowances for work performed under
all contracts for the construction, improvement and maintenance or repair of county roads,
highways and bridges.
(d) Inspect or cause to be inspected, all county roads, highways and bridges within the county,
and under the general direction of the board of'supervisors and ex officio road
commissioners, keep such roads, highways and bridges clear of obstructions and in good
repair; employ all men, teams, watering carts and all help necessary therefore, when the
same is not let by contract, and report to the board of supen~isors with respect to such
inspection and such work from time to time as required by said board; certify to the
correctness of all payrolls for work done by day labor or force account an county roads,
highways, and bridges.
{e) Have control and management under the general supervision of the board of supervisors
of all county rock quan-ies, oil pits, depots, gravel pits and other materials, property,
implements, tools, machinery and instruments and other appurtenances necessary for the
construction, improvement, maintenance and repair of county roads, highways, and
bridges, and for the plans therefore.
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(f~ Devote his entire time to the perfai~nance of his duties to the exclusion of all other
business occupations,
. He shall not be either directly or indirectly, interested in any contract or
works, not shall he be sa interested in the purchase of supplies, tools or materials ofany
kind used in the cai7ying out of any of his duties under the provisions of this Charter.
(g) Prepare annually a proper budget showing in detail the needs of the county for
construction, improvement, maintenance ar repair to county roads, highways and bridges
for the ensuing year and submit the same to the county auditor and board of supervisors at
least sixty days prior to the date of the meeting at which the board of supervisors is
required to fix the county tax rate.
(h) Make a written report to the board of supervisors at their regular meeting each month, in
which he shall state the amount and character of work done during the preceding month,
the progress ofany contracts under tivay, approximate cost of the work, and matters of
interest pe~~taining to same. In this report he shall call the attention of the board of
supervisors to any repairs or construction work he deems important to have made or done,
and make recommendations therefore, and inform and advise the board of supervisors of
all matters pertaining to the public roads, highways streets, bridges or other public work,
which in his judgnnent should be brought to their attention. This report shall contain the
recommendation and acceptance or rejection ofany public work completed, and all
official announcements, or statements which the errgirreer commissioner is required to
make to the board.
(i} The county road errgirreer commissioner shall classify and compute the total mileage of
county roads according to state law. { 1923, p. 1554; 1949, c. 20.)
Section 5. Tools, machinery and equipment
The road errgirreer commissioner shall make requisition upon the board of supervisors for the
purchase of all tools, implements, machinery, materials and supplies required to carry out the
provisions of this Charter, and said requisition shall state plainly the estimated costs of the
article or atrticles to be purchased. He shall approve all claims for the same before such
claims arc audited and passes before the board of supervisors. 1lc shall be the custodian and
be responsible for all equipment under his control. All such property shall be stored and
protected from weather when no in use. An im~entory of all property in his custody shall
made annually and kept on file in the office of the road rr~r commissioner.
Section 6. Approval, etc., of claims for county road work
No claims against the county for work done an its roads, highways, streets, bridges, aqueducts
or in connection therewith, shall be passed by the board of supervisors or paid far by the
treasurer or the county unless they shall have endorsed thereon the written approval of the
road errgirreer commissioner and the auditor.
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Section 7. Office; location of equipment.
The board of supervisors shall provide for and assign to the road e~tgim-eer commissioner and
his assistants a suitable office or offices in the courthouse or some place conveniently located
with reference thereto, together with all the office tools, implements and other equipment
necessary the for the performance of the duties herein prescribed.
Section 8. Term "road rnr commissioner" defined.
That whenever the term road engineer commissioner appears in the Charter, it would be
deemed to also include the office of the director of public works, and provided further that the
director of public works shall have other duties as are required bylaw or as directed by the
board of supervisors. (1940, p. 300; Ord. No. 1 116, § 1(a} ] 5, 9-1-70, ratified 1 1-3-70.}
Amendment note- Section 8, Article X, was amended to read as set oat, at that special charter revision election
held Nov. 3, 19'70. Fornerly the section provided the teen of office of the road engineer and for his removal
fi-o2n ofticc.'~
Section 3.
Severability.
If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
ther. eof .
Section 4. Effective Date and Publication. This Ordinance shall
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen (15) days
after its passage. This Ordinance shall be published once, with
the names of the members of the Board of Supervisors voting for an<
against it, in the a newspaper o
general circulation published in the County of Butte, State of
California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the day of
2001, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
CURT JOSIASSEN, Chair of the
Butte County Board of Supervisors
A'T'TEST
PAUL McINTOSH,
Chief Administrative Officer
and ClerJ~ of the Board
jY.
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