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and dispose of the same, and the income and increase thereof to and for such lawful uses and purposes as have been or may hereafter be prescribed in the terms of such gift, bequest or devise.
In the event of any such gift, bequest or devise having been, or being hereafter made unaccompanied by any provision prescribing or limiting the uses or purposes to which the property received thereunder, or the income or increase thereof, may be put, it shall be put to such uses and purposes as such board may prescribe, and the proceeds or income therefrom shall be paid into the school fund of the county.
Legislation § 4052a. Enacted by Stats. 1907, p. 375; drawn from Stats. 1880, p. 20, c. 27; Stats. 1881, p. 2, c. 3.
§ 4052b. Public parks, conveyance for. The board of supervisors of any county owning real property situated in any incorporated city or town, which property is not in use for any public purpose, and in the judgment of the board is not needed for such use, may by unanimous vote convey said real property to such incorporated city or town for public park purposes, without consideration other than the agreement of such city or town to establish and maintain a public park thereon.
Legislation & 4052b. Added by Stats. 1909, p. 247. § 4053. May transfer money from certain funds. The boards of supervisors in the several counties, when expedient and necessary, are hereby authorized and empowered to transfer moneys remaining in the swamp-land fund and such moneys as may remain in any of the sinking funds of their county, to the general fund of such county, which transfer or transfers shall be deemed a loan from the swamp-land fund or sinking fund to such general fund.
Transfer of funds: See next section.
Legislation & 4053. Enacted by Stats. 1907, p. 375; taken from Stats. 1880, p. 133, c. 120.
§ 4054. Must repay same. Whenever it shall be necessary to repay the amount so transferred or borrowed to the swamp-land or sinking fund from which the same has been transferred, or any part thereof the board of supervisors shall cause a warrant to be drawn upon said general fund for the amount so transferred or borrowed, or any part thereof; and such warrant shall be a preferred claim upon such general fund over and above all warrants outstanding against said fund, and shall be paid out of the first money received in such general fund.
Transfer of funds: See prior section.
Legislation & 4054. Enacted by Stats. 1907, p. 375; taken from Stats. 1880, p. 133, c. 120.
§ 1055. May take census, when. The board of supervisors in years other than those in which a census is taken by the United States, may cause by ordinance, when necessary, a census of their respective counties, or any township or district therein to be taken. The persons taking such census shall enumerate all the inhabitants thereof, plainly writing the full name of each person and arranging the names alphabetically and numbering the same consecutively in one complete series. When completed the same shall be verified before any officer authorized to administer oaths, and filed with the county clerk. A certified copy thereof shall be prepared by the clerk and filed by him in the office of the secretary of state, and thereupon shall be known and be the official census of the political division described therein. The expenses of taking such census shall be a county charge.
Legislation 4055. Enacted by Stats. 1907, p. 375; taken substantially from act of 1897, p. 28, c. 30.
§ 4056. Supervisors to furnish data to state agricultural society. [Repealed 1911; Stats. 1911, p. 11.)
Legislation & 4056. 1. Enacted by Stats. 1907, p. 375; same as former County Gov. Act 1897, as added to by Stats. 1905, p. 476, § 66a. 2. Repealed by Stats. 1911, p. 11.
§ 4056a. To preserve health of domestic live-stock. The board shall adopt orders and enact ordinances not in conflict with state or Federal laws necessary for the preservation of the health of domestic live-stock, and shall provide for the payment of all expenses incurred in enforcing the same, which expenses shall be a county charge and payable in the same manner and out of the same funds as other county charges are paid.
County charges, what are: See post, $$ 4307, 4308.
Legislation § 4056a. Enacted by Stats. 1907, p. 376; substantially same as former County Gov. Act 1897, $ 2.512, added by Stats. 1905, p. 722.
§ 4056b. Creation of fund for making exhibitions of products. 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 assessment-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.
Legislation & 4056b. Added by Stats. 1911, p. 942.
Ordinances. $ 4057. How enacted. $ 4058. Direct legislation by counties. Initiative. Ordinance proposed
by electors. Elections. Ballots used at elections. Arguments. Reference to people by supervisors without petition. Copies sent to voters. Time of holding elections. Submission to
people of ordinance. Passed by supervisors. § 4057. How enacted. The enacting clause of all ordinances of the board shall be as follows: "The Board of Supervisors of the County of — do ordain as follows." Every ordinance shall be signed by the chairman of the board and attested by the clerk. On the passage of all ordinances the votes of the several members of the board shall be entered on the minutes, and all ordinances shall be entered at length in the "ordinance-book.” No ordinance passed by the board shall take effect within less than fifteen days after its passage, and before the expiration of the said fifteen days the same shall be published, with the names of the members voting for and against the same, for at least one week, in some newspaper published in the county, if there be one, and if there be none published in the county, then such ordinance shall be posted at the court-honse door at least one week. An order entered in the minutes of the board that such ordinance has been duly published or posted shall be prima facie proof of such publication or posting.
Legislation & 4057. Enacted by Stats. 1907, p. 376; same as former County Gov. Act, 1897, p. 467, § 26.
§ 4058. Direct legislation by counties. Initiative. Ordinance proposed by electors. Elections. Ballots used at elections. Arguments. Reference to people by supervisors without petition. Copies sent to voters. Time of holding elections. Submission to people of ordinance. Passed by supervisors. 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 qualified electors of the county not less in number than 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 and occupation, giving street and number, where such street and number, or either exist, and if no street and number exist, then such a designation of the place of residence as will enable the location to be readily ascertained. Each such separate paper shall have attached thereto an affidavit made by an elector of the county, 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; and that according to the best information and belief of the affiant each is the genuine sig. nature of the person whose name purports to be thereunto subscribed, and of a qualified elector of the county. Within ten days from the date of filing such petition the county clerk shall examine and from the records of registration ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate by the filing of additional papers duplicates of the original petition except as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, make like examination of the supplement. ing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still insufficient, no action on the petition shall be mandatory on the board of supervisors; but the petition shall remain on file as a public record; and the failure to secure sufficient names shall be without prejudice to the filing later of an entirely new petition to the same or similar effect. If the petition shall be found to be sufficient, the clerk shall submit the same to the board of supervisors at its next regular session. If the petition accompanying the proposed ordinance be signed by electors not less in number than twenty per cent of the entire vote cast within such county
for all candidates for governor of the state, at the last preceding gen. eral election at which such governor was 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,
(b) Forth with the supervisors shall proceed to call a special election at which such ordinance, without alteration, shall be submitted to a vote of the electors of the county.
If the petition be signed by electors not less in number than ten per cent of the entire vote cast for all candidates for governor at the last preceding election, when such candidates for governor were voted for, and the ordinance petitioned for is not required to be, or for any reason is not, submitted to the electors at a special election, and is not passed without change by said legislative body, then such ordinance, without alteration, shall be submitted by the board of supervisors to a vote of the electors at the next general election. The ballots used when voting upon said proposed ordinances shall have printed thereon the words "Shall the ordinance (stating the nature thereof) be adopted ?” Opposite such proposition to be voted on, and to the right thereof, the words “Yes” and “No” shall be printed on separate lines, with voting squares. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes," his vote shall be counted in favor of the adoption of the ordinance, and if he shall stamp a cross (X) in the voting square after the printed word "No," his vote shall be counted against the adoption of the same. If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become 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 there. with 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 argument 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, amended or enacted 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. Notice of the election shall be given by the board of supervisors by publication in some newspaper of general circulation throughout the county, to be designated by such board, for at least two weeks before the election. All the provisions of this section are to be liberally construed for the purpose of ascertaining and enforcing the will of the electors. 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 six 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. Except an ordinance calling, or otherwise relating to an 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 declaration of, and the facts constituting its urgency and is passed by a four-fifths vote of the board, and no ordimance 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 electors of the county equal to ten per cent of the entire vote cast therein for all candidates for governor of the state at the last preceding general election at which a governor was voted for, 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,