HomeMy WebLinkAbout2103i
Ordinance Na . 2 7.03
AN ORDINANCE REPEALING BUTTE COUNTY CODE
SECTIONS 2-77 THROUGH 2-8b
1 The Board of Supervisors of the County of Butte, State of
2 California, DO ORDAIN-as.fo.llows:
3 Section 1. That Sections 2-77 through 2-8b are hereby
'~ repealed.
~ Section 2. This Ordinance shall take effect on
6 June g 1980, which is in excess of 30 days from
7 the date of adoption and before the expiration of 15 days shall
8 be published with the names of the members voting for and aga~.nst
9 in the Chico Enter rise Record a newspaper in general
10 circulation published in the County of Butte, State of California.
11 PASSED AND ADOPTED by the Butte County Board of
12 Supervisors this 6th day of May -- _- -- 1980,
~~ by the fol7.owing vote
T'~ AYES: Supervisors Dolan, Mosley, Wheeler, Winston and Chairman
Lemtce
15 NOES : None '
16 ABSENT: None '
1? NOT VOTING: None
18
19
20 ROBERT E. LEMKE, Chairman
Butte County Board of Supervisors
21
22 ATTEST:
23 CLARK A. NELSON, County clerk
and ex-officio Clerk of the Board ~ -
2~
2:g ,~
~s By ~ ~ __
r. . ~-...
INTER-DEPARTMENTAL MEMORANDUM .-._ ,;}-~,
~ r. ~ r! 4:i .:yS
OFFICE OF BUTTE COUNTY COUNSEL
T0: Bi11 Lawrence, Auditor
BY: Daniel V. Blackstock,~Butte County Counsel
SUBJECT: ALLOWANCE OF CLAIMS BY AUDITOR
DATE; February 2, 197$
Should the Board wish to utilize the procedures set out
in Government Code §29740 et se ., it would appear to be that Butte
County Code §§2-77 through 2-86 should be repealed. These sections
would appear to be out of date in any event and, incidentally, were
part of the original Butte County Code. This original Code, put
together in 1952, was in essence a compilation of previous ordin-
ances. These sections, to the extent that they are contradictory to
the provisions of the Government Code, are of no force and effect.
I would suspect that the reason they were originally included is
that they also make reference to tort claims, which the Legislature
has authorized the County to utilize, to a certain extent, their own
procedures. The other aspects were probably restatements of the law
as it then existed. Thus, I would suggest that Butte County Code
§§2-77 through 2-$6 be repealed irregardless of what decision the
Board makes relative to the adoption of the resolution you are pre-
paring with regards to Government Code §29740 et seg. Attached
hereto is a proposed ordinance to accomplish this result.
In your recommendation to the Board you might want to
consider the 1970 amendment to Government Code §29742. Should the
Board agree that the three-day waiting period be eliminated, the
Board must of course decide if they want to limit the elimination of
the three-day rule to all claims or to specified classes of claims.
_~_
Please note that such decision by the Board must be made by
ordinance.
Y would assume that the resolution and recommendations to
the Board that you are preparing will also cover Government Code
§29707.1 relative to claims of the supervisors. Government Gode
§935.4 would not limit your allowing of claims pursuant to Government
Code §29741 in that §935.4 pertains to tort claims, of which we have
a resolution establishing procedures therefore.
B CK T CK
DVB : j b
cc: Board of Supervisors
Clif Mickelson
G~
r= ~ ...
~ .~