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HomeMy WebLinkAbout1113i .i 2 3 4 5 6 7 8 9 10 11 12 13 l~ 15 16 17 18 19 20 2Y 22 23 24 25 26 27 28 29 30 31 32 I ORDINANCE N0, 1113 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, CALLING AND PROVIDING FOR A SPECIAL COUNTY CHARTER REVISION ELECTION FOR THE PiJRPOSE OF SUBMTTTTNG TO THE QUALIFIED ELECTORS OF SAID COUNTY THE PROPOSITION CF WHETHER OR NOT CERTAIN SPECIFIED REVISIONS OF THE CHARTER OF THE COUNTY OF BUTTE SHOULD BE APPROVED; FIXING THE DATE OF SAID ELECTION AND THE MANNER OF HOLDING THE SAME AND THE PROCEDURE FOR VOTING FOR OR AGAINST SAID PROPOSITION; PROVIDING FOR NOTICE OF SAID ELECTICN; AND CONSOLIDATING SAID SPECIAL COUNTY CHARTER REVISION ELECTION WITH THE GENERAL ELECTION TC BE HELD ON NOVEMBER 3, 1970 The Board of Supervisors of the County of Butte, State of California, DOES ORDAIN as follows: Section 1(a). A special election is hereby called to be held throughout Butte County on Tuesday, the third day of November, 1970, for the purpose of submitting to the qualified voters of tha County, the proposition of revising the Charter of the County of Butte in the following particulars: 1. That Section 6 of Article II be amended to read as follows: "After the year 1921, whenever it appears from the United States census that the population in any supervisorial district exceeds or lacks more than twenty-three percent as compared with the ,population in another district or districts then the board of supervisors shall change the boundaries of such district or .districts so that the population of each district shall be as ',nearly equal as possible. Any changes in the boundaries of any ~! district must be made in accordance with general law," 2.'~That Section 8 of Article II be amended to read as follows: '"The board of supervisors shall at its first meeting in January of each year, elect a chairman who shall preside at all meetings. In case of his absence or inability to act, the members present must by an order entered of record select one of their number' 'to act as chairman pro temporeo Any member of the board of supervisors may administer oaths when necessary in the performance of his official duties. A majority shall constitute a quorun, and no act of the board shall be valid or binding unless three members concur thereon, except as otherwise required by law." 3, That Section 3 of Article III be amended to read as follows: "The board of supervisors shall at least once annually determine the number of deputies, assistants, clerks and stenographers, '.except as herein otherwise expressly provided, for each and every county officer and shall at said time fix the compensation 'of each and every deputy, assistant, clerk or stenographer." 4. :That Section 6 of Article IV be amended to read as follows: "The compensation of members of the board of supervisors shall 2. be regulated by the Legislature of the State of California by ,statute applicable to the class of county in which Butte County is now, or shall hereafter be placed, The board of Supervisors shall regulate and set the salaries of county and township officers, including judges of inferior courts except as otherwise provided by the Constitution of the State of California." 5. That Section 10 of Article IV be amended to read as follows: "Each County officer shall be allowed,in addition to salaries as provided for herein, such expenses as are now payable to him under the provisions of the general law or this Charter, provided that allcsuch expenses shall be limited to actual anal necessary expenses incurred by each officer in the performance of his particular duties, and provided further that the board of super- visors may by ordinance, set forth additional limitations and additional rules which may define and set forth procedure to determine what are actual and necessary expenses as referred to herein," 6, That Section 2 of Article IV be amended to read as follows: "The following offices are hereby consolidated: (a) The district attorney shall be ex officio public administrator; (b) The sheriff shall be ex officio coroner; (c) The treasurer shall be ex officio tax collector and ex 'officio license collector; (d) The surveyor shall be ex officio road engineer; (e) The health officer shall be ex officio county physician." 7. That Section 1 of Article V be repealedo" 3:a 8. That Section 3 of Article V be amended to read as follows: "The board of supervisors shall provide by ordinance for one or more judicial districts and for one or more judges for .each judicial district and one constable or marshal as the case may be in each judicial district; and may provide for deputy constables or deputy marshals as the board deems necessary, provided further that should the legislature hereafter, instead of the system of courts now established by law, substitute some other system of inferior courts, then and in that event, it .'shall not be compulsory upon the board of supervisors to make any set number of judges or constables or marshals for said districts, and the board may discontinue the existence of the offices as provided herein, and; that the board shall provide for such number of inferior justices or judges as may be necessary for the needs of the County under such substituted system; provided further the board of supervisors may, by ordinance, appoint the sheriff of the County of Butte as ex officio constable or marshal to any judicial district, and in such event the incumbent marshals or constables may be employed as deputy sheriffs and provided further that the reference made herein to marshals shall apply only to the extent allowed under the constitution and laws of the State of Califor niao" 9. That Section 6 of Article V be amended to read as follows: "Each township officer shall be allowed in addition to his salary such expenses as are now payable to him under the proT visions of the general law, or this charter provided however, that all such expenses shall be limited to actual and necessary expenses, and provided further that the board of supervisors may 4. ;by ordinance, set forth additional limitations and additional rules which may define and set forth procedure to determine what are actual and necessary expenses as referred to hereina" 10. That Section 9 of Article V be added to read as follows: "Wherever the term township officer is made reference to in this charter, that term shall be :deemed to include justice court .officers." 11. That Section 3 of Article VIII be amended to read as follows: "Each county officer shall file with the auditor or county administrative officer, as the board of supervisors directs, on or before a date each year as set by law, an estimate of the .amount that he will need to run his office for the forthcoming fiscal year, and in no case shall he be permitted to expend more than is allowed his office in the budget, except as permitted !by the board of supervisors pursuant to law," 12, That Section 4 of Article VIII be amended to read as follows: "The auditor, or the county administrative officer, as designated by the board shall prepare a compiled report for the board containing all budget and tax information as required by law, and in the form required by law, and within the time as required by law and shall submit same to the board within the time 'required by lawn" 13. 'That Section 12 of Article VIII be repealed. 14. That Section 4 of Article X be repealed. 15i. That Section 8 of Article X be amended to read as follows: .~. ,, ~i "That whenever the term road engineer 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 such other duties as are required by law or as ;directed by the Board of Supervisors." 16. That Section 2 of Article X be amended to read as follows: "The board of supervisors shall appoint a director of public works, who shall thereafter serve at the pleasure of the board of supervisors, The director of public works shall be a civil :'.engineer and shall have had prior to his appointment, at least ,3 years actual experience in road construction. He need not be 'an elector of the County, but must reside therein during his .service as director of public works. He shall, under the general 'direction and supervision of the board of supervisors, have complete direction and control over all work of construction, ';improvements, maintenance and repair of county roads, highways and bridges." i7o That Section 2 of Article XII be repealed. l8. That Section 3 of Article XII be amended to read as follows: "No member or members of the Board of Supervisors shall directly or indirectly coerce or attempt to coerce the head of any county .,department or other county officer appointed or confirmed by the board of supervisors in the performance of the duties of his office, or attempt to exact promises from any candidate for any such office relative to any appointment or removal of any county officer or employee; and provided further that no county officer shall request or require any employee within his depart- ment to assist said officer in any political activities pertaining to the election of such officer nor request or require from -any employee within the department of said officer any contribution of money for the election of said officer." ' 6. Section 1(b). At said special election said pro- position shall be submitted to the qualified voters of the County in the form of the following county measure, to wit: 6 7 8 9 10 11' 12 13i 19: 15' ~s' 17' 18 19' 20 21 22 23 24 2B. 26 z7 28 29 30, 31: 32 PROPOSED COUNTY CHARTER REVISI N Proposed by Board of Supervisors in Ordinance YES No. 1113 Repeals, amends and revises various rovisions of Butte Count Charter. NO Section 2(a). This Board does hereby submit to the qualified electors of the County at the special county charter revision election said county measure for the revision of the Charter of the County of Butte, and hereby designates and refers to said measure in the form set forth in Section 1(b}, hereinabove as the measure to be set forth on the ballots hereinafter prescribed for use at the special county charter revision election. (b) The special county charter revision election shall be held and conducted, and the votes there at received and canvassed, and the results thereof made and the result thereof ascertained and determined as herein provided, and in all particulars not prescribed by this resolution and order said election shall be held as nearly as practicable in conformity with the election laws of the State of California and only qualified voters of the County may vote thereat:e (c) The special county charter revision election hereby called shall be and is hereby consolidated with the State of California General Election to be held throughout the county on Tuesday, November 3, 1970, all as required by and pursuant to law; and the election precincts, polling places and voting booths shall in every case be the same and there shall be only one set of election officers in each of such precincts. The election precincts, polling places and officers of election for this special county charter revision election 7, 2 3 ~i 5 6' 7; ~8~ '9; o 11 12i 13 14. 15: 16' 17' 18 19 2D 2L' 22. 23i 25 26 271 28' 29 30 31. 32 sha11 be the same as those designated for said general election in the notice of polling places and election officers for said General Election to be published by the County Clerk pursuant to law, to which notice reference is hereby specifically made for a designation of the precincts, polling; places and election officers for the special county charter revision election. The polls for said General Election and for the special county charter revision election hereby consolidated therewith shall be opened at 7:00 a.m, on the date of said elections and shall be kept open until 8:00 p.m, of said day, 'when the polls shall be closed, except as provided in Elections Code Sections 14436. (d) Only one form of ballot shall be used at said General Election and the special county charter revision election hereby consolidated therewith, which in addition to all other matters required by law to be printed thereon, shall state the measure set forth in Section 1(b) hereof. Votomatic ballot cards are to be used at said election, except that absent voter ballots shall be paper ballots. Each voter to vote for the measure hereby submitted and for revising the Charter of the County of Butte as therein stated shall punch the ballot card in the hold after the word "YES" to the right of said measure, and to vote against said measure and against revising the Charter of the County of Butte as therein stated shall punch the ballot card in the hole after the word "NO" to the right of said measure, except that to vote in favor of said measure hereby submitted and to revise the Charter of the County of Butte as therein stated, each absent voter shall stamp a cross {~-) in the voting square after the word "YES" on the ballot to the right of said measure, and to vote against the measure hereby submitted and against the revision. of the Charter of the County of Butte as therein stated, each absent 8, l voter shall stamp a cross (~) in the voting square after the 2 words "NO" on the ballot to the right of said measure. 3 (e) The County Clerk of the County shall supply 4 ballots and stationery and alI other things necessary for the 5 conduct of said elections to the proper officers of elections. 6 (f) The provisions of Article 3 of Chapter 2 of 7; Division 4 of the Elections Code shall apply to said special '8' county charter revision election and the County Counsel shall g prepare an analysis of said county measure in the manner provided 10`' in Elections Code Section 3781. 1L (g) The returns of said elections shall be made out 12 and signed by the election officers and shall be by them 13 deposited with the County Clerk, together with the ballots 14; cast at said elections, and the said returns shall be canvassed 15' ar caused to be canvassed by the Board which shall declare the 16' results of said election at the time and in the manner provided 17! by law. 18 Section 3. Notice of the special county charter 19 revision election herein provided for shall be given by publica- 20'; tion of this ordinance in the following named newspaper, to wit: 21' CHICO EN~ERPRTSE RECORD 22' (which tine board hereby finds and declares to be a newspaper of 23, general circulation printed and published in the County), a 24 total of ten (10) times on ten (10) separate days commencing 2B, as soon after the adoption of this ordinance as is possible 26 with the last publication thereof to be on or before September 24, 27i 1970. No other notice of the election hereby called need be 28' given. 29' Section 4. Pursuant to Governmezxt Code Section 25123, 30' this ordinance shall take effect immediately. 31 ----- 32 ----- 9.- !~! 2 3 5 6' ~~71 8! 9` io' 7.1 12! ~3' 14: 15 I6 17 18' 19' 20'' 21' 22 23 24 26. 26' 27 28 29~ 30 31 32' PASSED AND ADOPTED by the Butte County Board of Supervisors this 1st day of September ~ 1970, by the follawing vote: AYES: Supervisors Howsden, Maxon, McKillop, Reynolds, and Chairman Dunaway NOES: None ABSENT: None NOT VOTING: ATTEST: CLARK A. NELSON, County Clerk and ex-officio clerk of the Board of Supervisors ~/ , By ~ r ~lL t~Yr~ E / ,~t f / /L ~ ,C/ . ~E. AWAY, airman o t e Butte County Board of ;5u ervisors 10.