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Exhibit A
Ordinance No. 3842
AN ORDINANCE AMENDING THE BUTTE GOUNTY 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 IV
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
hertiti~ul4arr~l agricultural commissioner, a welfare officer, a probation officer, a health off cer,
a county physician, a road ~girreer commissioner, a county librarian, and other such officers
as are now or may hereafter be provided for by the constitution, by general law 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 officio tax collector and ex officio license collector:
(~e} ~d,} The health officer shall be ex officio physician;
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{#} ~e,~ The clerk shall be ex officio recorder. (1923, p. 1554; 1933, p. 3228; Ord. No. 1113, §
1 {a}6, 9-1-70, ratified 11-3-70; Ord. No. l 909, § i {a), 2-28-78, ratified 6-6-78; Ord. No. 2547, § 1(a},
8-14-86, ratifed 11-4-86)
Section 3. EIection of offcers; exceptions.
All county officers except the welfare officer, probation officer, the ~ agricultural
commissioner, the health officer, the county physician, the county librarian, the road errgir~eer
~rtd commissioner, the surveyor, and such other officers as are now or hereafter maybe
appointive by the constitution, general law or this charter shall be elected in the manner
provided bylaw. {1933, p. 3228}"
Section 2. Article X, Sections 3, 5, 6, 7, and 8 of the Butte
County Code are arc~ended to read as follows:
~•ARTfCLE X
Section 3. Powers and duties of road ~ngirr+eer commissioner
The county road engin~r 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, highways and bridges and report
to the board of supervisors as to whether or not the work 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 supervisors 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 on county roads,
highways, and bridges.
{e} Have control and management under the general supervision of the board of supervisors
of all county rack quarries, 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 performance of his duties to the exclusion of all other
business occupations, ,
~nrtg~-s~roe~g~r: He shall not be either directly or indirectly, interested in any contract or
works, not shall he be so interested in the purchase of supplies, tools or materials of any
kind used in the carrying 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 or 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 of any contracts under way, approximate cost of the work, and matters of
interest pertaining 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 judgment should be brought to their attention. This report shall contain the
recommendation and acceptance or rejection of any public work completed, and all
official announcements, or statements which the ertgir~eer commissioner is required to
make to the board.
{i) The county road weer commissioner shall classify and compute the total mileage of
county roads according to state law. (1923, p. 1554; 1949, c. 20.)
Section S. Tools, machinery and equipment
The road ~gineer 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 articles to be purchased. He shall approve all claims for the same before such
claims are audited and passes before the board of supervisors. He shall be the custodian and
be responsible for all equipment under his control. AlI such property shall be stored and
protected from weather when no in use. An inventory of all property in his custody shall
made annually and kept on file in the office of the road zngiacer commissioner.
Section 6. Approval, etc., of claims for county road work
No claims against the county for work done on its roads, highways, streets, bridges, aqueducts
or in connection therewith, shall be passed by the board of supervisors or paid for by the
treasurer or the county unless they shall have endorsed thereon the written approval of the
road crtgirreer 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 errgirreer 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 S. Term "road eagimeer commissioner" defined.
That whenever the term road Ertgirneer 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. 1116, § I(a) 15, 9-1-70, ratified 11-3-70.)
Amendment note- Section $, Article X, was amended to read a5 set out, at that special charter revision election
held Nov. 3, 1970. Formerly the section provided the term of office of the road engineer and for his removal
from office."
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 ar application
thereof.
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 and
against it, in the a newspaper of
general circulation published in the County of Butte, State of
California.
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1 PASSED AND ADOPTED by the Board of Supervisors of the County of
2 Butte, State of California, on the day of
3 2001, by the following vote:
4 AYES:
5 NOES:
6 ABSENT:
~ NOT VOTING:
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9 CURT JOSIASSEN, Chair of the
Butte County Board of Supervisors
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ATTEST:
11 PAUL MCTNTOSH,
Chief Administrative Officer
i2 and Clerk of the Board
~ 3 BY
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1,~ APPROVED BY VOTERS ON NOVEMBER 5, 2002.
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