Page images
PDF
EPUB

indexes of any of such records the index to which was so destroyed or lost; and the cost of so writing up and making such new index or new indexes shall be a county charge, payable out of the county treasury upon the order of such board of supervisors. [New section approved April 18, 1911; Stats. 1911, p. 940.]

Publication of proceedings of supervisors.

§ 4049. Within ten days after each session of the board of supervisors, it must cause to be published a fair statement of all its proceedings. Any violation of this section or failure to comply with its provi sions is punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, or by forfeiture of office, or by both. [Amendment approved March 23, 1911; Stats. 1911, p. 451.]

Supervisors to furnish date to state agricultural society.

§ 4056. [Repealed February 9, 1911; Stats. 1911, p. 11.]

Creation of fund for making exhibitions of products.

§ 4056b. The boards of supervisors of the several counties within the state of California, or any of them, are hereby authorized and empowered to levy a special tax on the taxable property within their respective counties, for the purpose of creating a fund to be used for collecting, preparing, and maintaining an exhibition of the products and industries of the county at any domestic or foreign exposition, for the purpose of encouraging immigration and increasing trade in the products of the state of California; provided, the total tax levies for such purposes in any one year shall not exceed six cents on each one hundred dollars of taxable property in the county, according to the assess ment-roll; provided, however, that no such levy shall be made by such board of supervisors except by a two-thirds vote of the members of the board. New section approved April 18, 1911; Stats. 1911, p. 942.] County ordinances may be enacted on petition.

§ 4058. Ordinances may also be enacted by and for any county of the state in the manner following. Any proposed ordinance may be submitted to the board of supervisors by a petition filed with the county clerk after being signed by registered electors of the county equal in number to the percentages hereinafter required. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence, giving the precinct, and if within a town having named streets and numbered houses, the street and number. Each such separate paper shall have attached thereto an affidavit made by a citizen of the county over the age of eighteen years, and sworn to before an officer competent to administer oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; that each is the genuine signature of the

[ocr errors]

335

T

ing to the best information and belief of the affiant each is the genuine erson whose name purports to be thereunto subscribed, and that accordthe date of filing such petition the county clerk shall examine and from signature of a registered elector of the county. Within ten days from signed by the requisite number of qualified electors, and he shall attach the records of registration ascertain whether or not said petition is If by the clerk's certificate the petition is shown to be insufficient, it to said petition his certificate showing the result of said examination. by the filing of additional papers duplicates of the original petition may be supplemented within ten days from the date of such certificate except as to the names signed. The clerk shall, within ten days after to such petition, including the supplemental one, are still insufficient, plementing petition, and if his certificate shall show that all the names such supplementing papers are filed, make like examination of the supthe petition shall be returned to the person filing the same, without If the petition shall be found to be sufficient, the clerk shall submit prejudice, however, to the filing of a new petition to the same effect. the same to the board of supervisors at its next regular session. If the petition accompanying the proposed ordinance be signed by electors such county for all candidates for the lower house of the United States equal in number to twenty per cent of the entire vote cast within Congress at the last preceding general election at which congressmen were voted for, and contains a request that such ordinance be submitted forthwith to a vote of the people at a special election, then the board

of supervisors shall either:

(a) Pass such ordinance without alteration at the regular session at which it is presented and within ten days after it is presented; or, at which such ordinance, without alteration, shall be submitted to a (b) Forth with the supervisors shall proceed to call a special election vote of the people of the county.

voted for.

If the petition be signed by electors equal in number to at least ten per cent, but less than twenty per cent of the entire vote cast for all for Congress were voted for, then such ordinance, without alteration, eandidates for Congress at the last preceding election when candidates at the next general election in which candidates for Congress are to be shall be submitted by the board of supervisors to a vote of the people the proposed ordinance) and "Against the Ordinance" (stating the gencontain the words "For the Ordinance" (stating the general nature of The ballots used when voting upon said proposed ordinances shall eral nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon be come a valid and binding ordinance of the county and be considered as adopted upon the date that the vote is canvassed and declared by the board of supervisors and go into effect ten days thereafter.

Such ordinance shall have the same force and effect as one passed by the board of supervisors, except that no ordinance proposed by petition as in this section provided and thereafter passed either by the vote of the board of supervisors without submission to a vote of the people or voted upon and adopted by the people, shall be repealed or amended except by a vote of the people, unless provision otherwise be made in the ordinance itself.

Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section; provided, that there shall not be held under this section more than one special election in any period of six months.

If any measure be submitted upon an initiative petition of registered voters, as herein before provided, the persons filing said petition shall have the right, if they so choose, to present and file therewith a written argument in support thereof not exceeding three hundred words in length, which argument shall be printed upon the sample ballot issued for said election. Upon the same ballot shall also be printed any argu ment of not exceeding three hundred words in length in opposition thereto which may be prepared by the board of supervisors. If the provisions of two or more ordinances adopted at the same election conflict, then the ordinance receiving the highest number of affirmative votes shall control.

The board of supervisors may submit to the people, without a petition therefor, a proposition for the repeal of any adopted ordinance or for amendments thereto or for the enactment of any new ordinance to be voted upon at any succeeding general or special election and if such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accordingly.

Whenever any ordinance or proposition is required by this section to be submitted to the voters of a county at any election the county clerk shall cause the ordinance or proposition to be printed and he shall mail a printed copy thereof, inclosed in an envelope with a sample ballot, to each voter, at least ten days prior to the election.

The enacting clause of an ordinance passed by the vote of the electors shall be substantially in the following form: "The people of the county of do ordain as follows:".

When a special election is to be called under the terms of this section it shall be held not less than thirty nor more than sixty days after the date of the presentation of the proposed ordinance to the board of supervisors, and shall be held as nearly as may be in accordance with the election laws of the state, provided, however, that, to avoid holding more than one such election within any six months, the date for holding such special election may be fixed later than such sixty days, but at as early a date as practicable after the expiration of such six months; provided, further, that when under any of the terms of this

statute fixing the time within which a special election shall be held it is made possible to hold the same within three months prior to a general election, the board of supervisors may, in its discretion, submit the proposed ordinance at such general election instead of at a special election.

No ordinance passed by the board of supervisors, except when otherwise specially required by the laws of the state, and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency and is passed by a four-fifths vote of the board, and no ordinance granting a franchise shall go into effect before thirty days from its final passage; and if, during said thirty days, a petition signed by qualified voters of the county equal to twenty per cent of the entire vote cast therein for all candidates for the lower house of the United States Congress at the last preceding general election, protesting against the passage of such ordinance, be presented to the board, the same shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If said board shall thereupon not entirely repeal said ordinance, it shall submit the same to a vote of the electors either at a general election or a special election to be called for the purpose, and such ordinance shall not go into effect or become operative unless a majority of the voters voting upon the same shall vote in favor thereof. Such petitions and the provisions of the law relative to the duty of the clerk in regard thereto and the manner of voting thereon, shall conform to the rules provided herein for the initiation of legislation by the electors. [New section approved April 3, 1911; Stats. 1911, p. 577.]

Form prescribed for accounts against counties.

§ 4076. No account shall be passed upon by the board, unless made out as prescribed in this and the preceding section, and filed with the elerk three days prior to the time of the meeting of the board at which it is asked to be allowed. Such demand shall be made out in form substantially as follows:

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

The undersigned, being duly sworn, says: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due this claimant, and that the same is presented within one year after the last item thereof has accrued.

Subscribed and sworn to before me this

Allowed by board of supervisors,

Countersigned:

day of County Clerk. 19-, in sum of $- payable Clerk of the Board of Supervisors. Chairman Board of Supervisors.

[merged small][merged small][ocr errors]

out of

fund.

Attest:

[blocks in formation]

Registered

County Treasurer.

Said demand shall be approved before filing by the officer who directed such expenditure. If said demand be allowed by the board, the clerk of the board shall detach and file the memorandum, and shall indorse on such demand "Allowed by the board of supervisors," together with the date of such allowance, the amount of such allowance, and from what fund; shall attest the same with his signature, and, when countersigned by the chairman, shall transmit the same to the auditor, who shall, in case he allows said demand, indorse upon it "Allowed," from what fund, date, and number of the warrant, and shall, in attestation thereof, affix his signature thereto and deliver the same to the claimant; and said demand, when so allowed and signed by the auditor, shall constitute the warrant on the treasury, within the meaning of this chapter. [Amendment approved May 1, 1911; Stats. 1911, p. 1395.]

« ՆախորդըՇարունակել »