Butte County Municipal Code Art. X Road Department

The board of supervisors may provide for the formation of road districts for the care, maintenance, repair and supervision of roads, highways and bridges; and for the formation of highway construction divisions, for the construction of roads, highways and bridges; for the inclusion in any such district or division of the whole or any part of any incorporated city or town upon ordinance passed by such incorporated city or town authorizing the same, and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city or town or portions thereof proposed to be so included at an election held for that purpose; for the organization, government, powers and jurisdiction of such district or division, for raising revenues therein for such purposes, by taxation, upon the assent of a majority of the qualified electors of such district or division, voting at an election held for that purpose; for the incurring of indebtedness therefor by the county, district or division for such purposes, respectively, by the issuance and sale by the county of bonds of the county, district or division, and the expenditure of the proceeds of the sale of such bonds, for levying and collection taxes against property of the county, district or division, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; provided, that any such indebtedness shall not be incurred without the assent of two-thirds of the qualified electors of the county, district or division, as the case may be, voting at an election held for the purpose, nor unless before or at the time of incurring such indebtedness, provision be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due and also for a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same; and the procedure for voting, issuing and selling such bonds, except in so far as the same shall be otherwise prescribed in this Charter, shall conform to general law for the authorization and incurring of bonded indebtedness so far as applicable; provided further, that the construction, care, maintenance, repair and supervision of roads, highways and bridges, for which aid from the state is granted shall be subject to such regulations and conditions as may be imposed by the legislature.

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.

(1940 1st Ex. Sess., p. 300; Ord. No. 1113, § 1(a)16, 9-1-70, ratified 11-3-70)

Amendment note—Section 2, Article X, was amended to read as set out at a special charter revision election held Nov. 3, 1970. Formerly said section pertained to the appointment, etc. of the road engineer.

The county road 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 rock 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.

(f) Devote his entire time to the performance 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 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 commissioner is required to make to the board.

(i) The county road commissioner shall classify and compute the total mileage of county roads according to state law.

(1923, p. 1554; 1949, c. 20; Ord. No. 3842, § 2 (part), 11-05-02)

Editor's note—Section 4, Article X, pertaining to district foremen and assistants, was repealed at a special charter revision election held Nov. 3, 1970, pursuant to Ord. No. 1113, enacted Sept. 1, 1970.

The road 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 passed before the board of supervisors. He shall be the custodian and be responsible for all equipment under his control. All such property shall be stored and protected from the 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 commissioner.

(Ord. No. 3842, § 2 (part), 11-05-02)

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 commissioner and the auditor.

(Ord. No. 3842, § 2 (part), 11-05-02)

The board of supervisors shall provide for and assign to the road 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 for the performance of the duties herein prescribed.

(Ord. No. 3842, § 2 (part), 11-05-02)

That whenever the term road 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 by law or as directed by the board of supervisors. (1940, p. 300; Ord. No. 1116, § 1(a)15, 9-1-70, ratified 11-3-70; Ord. No. 3842, § 2 (part), 11-05-02)

Amendment note—Section 8, Article X, was amended to read as set out, at that special charter revision election held Nov. 3, 1970. Formerly the section provided the term of office of the road commissioner and for his removal from office.