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Chapter 2 – ADMINISTRATION

  • ARTICLE I. – IN GENERAL

  • Sec. 2-1. – Form of government.

    The mayor-council form of municipal government as provided for in S.C. Code 1976, §§ 5-11-10 through 5-11-40, as amended, is hereby adopted for the town, pursuant to S.C. Code 1976, § 5-1-10 et seq., as amended, and in accordance with the ordinances adopted by the town council consistent therewith.

    (Code 1994, § 2-101)

  • Sec. 2-2. – Corporate boundaries.

    The municipal corporate boundaries of the town shall be those now and hereafter specified by law along with any alterations that are made from time to time as provided for by law. A map and a written description of the municipal corporate boundaries shall be maintained and adjusted as required by changes made from time to time and a copy of the written description and map shall be retained in the office of the municipal clerk.

    (Code 1994, § 2-102)

  • Sec. 2-3. – Town seal.

    The town shall maintain and keep at town hall a town seal bearing the words “The Town of Meggett, S.C.” which shall be used to authenticate all ordinances, resolutions and minutes.

    (Code 1994, § 2-103)

  • Secs. 2-4—2-24. – Reserved.

 

  • ARTICLE II. – MUNICIPAL COUNCIL

  • Sec. 2-25. – Composition and election.

    The municipal council of the town shall be composed of a mayor and four council members who shall be permanent residents and registered voters of the town and shall be elected at large for four-year terms.

    (Code 1994, § 2-201; Ord. No. 1997-3, § 2, 10-21-1997)

  • Sec. 2-26. – Vested powers.

    Except as otherwise provided by law, all powers of the town to include all legislative and administrative powers and the determination of all matters of policy shall be vested in the council, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the town by law. Each member of council, including the mayor, shall have one vote.

    (Code 1994, § 2-202)

  • Sec. 2-27. – Duties and responsibilities of council.

    Consistent with the powers, duties and responsibilities conferred by state law, the council shall:

    (1)

    Formulate legislative policies through enactment of ordinances and resolutions;

    (2)

    Provide for the direction and supervision of the administration of all departments, offices and agencies of the town;

    (3)

    Adopt annually, prior to the beginning of the fiscal year, operating and capital budgets.

    (Code 1994, § 2-203)

  • Sec. 2-28. – Duties and responsibilities of the mayor.

    Consistent with the powers, duties and responsibilities conferred by state law, the mayor shall:

    (1)

    Serve as presiding officer at meetings of council;

    (2)

    Represent the town in official and ceremonial matters;

    (3)

    Call special meetings of the council;

    (4)

    Sign or execute contracts, deeds, resolutions, proclamations and other instruments on behalf of the town after review and approval by council;

    (5)

    Except as otherwise provided by council, direct and supervise the administration of all departments, offices and agencies of the town;

    (6)

    Prepare and submit the operating and capital budget to the council;

    (7)

    Appoint and suspend or remove all municipal employees and appoint administrative officers; and

    (8)

    Perform such other duties as may be consistent with the law and as may be authorized and required by the council.

    (Code 1994, § 2-204)

  • Sec. 2-29. – Mayor pro tempore.

    (a)

    Said mayor pro tempore shall be the member of the elected council receiving the greatest number of votes cast by the electorate.

    (b)

    The mayor pro tempore shall act as mayor during the absence or disability of the mayor. If a vacancy occurs in the office of mayor, the mayor pro tempore shall serve until a successor is elected.

    (c)

    In the event of the sickness or temporary absence of the mayor pro tempore, while acting as mayor, the procedure set forth in section 2-57 shall be used to select a presiding officer for that specific meeting. In the event of the resignation or permanent absence of the mayor pro tempore, the mayor and council shall elect a council member to serve as mayor pro tempore until the next council election.

    (Code 1994, § 2-205; Ord. No. 1999-01, § 2, 4-26-1999)

  • Sec. 2-30. – Compensation and expenses.

    (a)

    The mayor and council members shall receive salaries as determined by the council and fixed by ordinance from time to time; provided no increase in such salaries shall become effective until the commencement date of the terms of two or more members of council elected at the next general election following the adoption of the ordinance setting the salaries, at which time it will become effective for all members of council whether or not they were elected in such election.

    (b)

    The mayor and council members shall be reimbursed for their expenses incurred and documented in the performance of their official duties.

    (Code 1994, § 2-206)

  • Sec. 2-31. – Oath of office.

    The mayor and members of council, before entering upon the duties of their respective offices, shall take the following oath of office:

    “I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of the State of South Carolina, to exercise the duties of the office to which I have been elected and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States.”

    “As (mayor/member of council) of the Town of Meggett, South Carolina, I will equally, fairly, and impartially, to the best of my ability and skill, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and carry into effect according to law the purpose for which I have been elected. So help me God.”

    (Code 1994, § 2-207)

  • Sec. 2-32. – Emergency powers of mayor.

    (a)

    Upon the probable happening of any one or more of the following events, to wit:

    (1)

    The formation of any unruly mob;

    (2)

    The existence of a state of war, whether declared or not, or of any insurrection;

    (3)

    The occurring of any tornado, hurricane, cyclone, major fire, earthquake, flood, or any other act of God or force which disrupts or threatens to disrupt the normal activities of the community;

    (4)

    The occurrence of multiple acts of arson or of any acts which unduly alarm and/or threaten the public; and/or

    (5)

    The occurrence of a nuclear accident;

    (6)

    Any other threatening event designated as an emergency by council.

    The mayor, or in his absence the mayor pro tempore, may declare a state of emergency to exist within the corporate limits of the town. The state of emergency shall be declared by proclamation signed by the mayor and posted on the town’s official bulletin boards and shall be legally effective immediately upon posting. The proclamation shall be in substantially the following language: “It has been determined that (here state the event giving rise to the emergency) has occurred within the corporate limits of the Town of Meggett, South Carolina, and that, accordingly, a state of emergency does, in fact, exist. I therefore, proclaim a state of emergency and invoke the provisions of this section of this article.”

    (b)

    In the event a state of emergency is declared by the mayor (or mayor pro tempore) under the provisions of subsection (a) of this section, the mayor or mayor pro tempore shall become vested with the following extraordinary powers, which may be exercised at the discretion of that official:

    (1)

    To establish curfew to be effective within the corporate limits;

    (2)

    To prohibit the sale of gasoline, explosives, dynamite, and/or any other type of inflammable or explosive materials, firearms, or any other materials or supplies or any component parts thereof which could readily be utilized as weapons;

    (3)

    To mobilize and deputize the emergency safety task force under the command of the mayor (or mayor pro tempore);

    (4)

    To disperse assemblies or congregations of people;

    (5)

    To suspend issuance of permits;

    (6)

    To order evacuation of the town;

    (7)

    To designate off limit areas;

    (8)

    To commandeer boats and vehicles; and/or

    (9)

    To restrict trade/commerce (tourism).

    (Code 1994, § 2-208)

  • Sec. 2-33. – Miscellaneous powers of mayor.

    The mayor is authorized to negotiate and enter into agreements, subject to ratification of town council, with other jurisdictions for the initiation and/or the continuance of public services for the town. These services shall include, but not be limited to, the following:

    (1)

    Police protection;

    (2)

    Fire protection;

    (3)

    Planning and zoning review services; and

    (4)

    Magistrate review.

    (Code 1994, § 2-209)

  • Secs. 2-34—2-54. – Reserved.

 

  • ARTICLE III. – MEETINGS OF COUNCIL AND RULES OF PROCEDURE

  • Sec. 2-55. – Date, time and place.

    (a)

    The regular meetings of the council shall be held at the town hall on the fourth Monday of each month at 7:30 p.m. unless changed by a majority vote of the members present at any regular meeting and provided that should such Monday fall on a legal holiday, the meeting shall be held the following Monday. The council shall give written public notice of regular meetings of the council at the beginning of each calendar year. The notice shall include the dates, times and places of regular meetings of the council.

    (b)

    Special meetings of the council may be held on the call of the mayor or a majority of the members of the council. Notice of a special or rescheduled meeting shall be given by the municipal clerk to members of council and the news media not later than 24 hours in advance of the time set for the meeting. The municipal clerk shall also post the notice in a public place not later than 24 hours in advance of the time set for the meeting. The notice may include the agenda, date, time and place of the special or rescheduled meeting. This requirement shall not apply to emergency meetings of council.

    (c)

    All regular, special or rescheduled meetings of the council shall be open to the public.

    (Code 1994, § 2-301)

  • Sec. 2-56. – Executive sessions.

    (a)

    The council may hold a meeting closed to the public as permitted by the South Carolina Freedom of Information Act and this Code at such times and in such places as may be deemed necessary and in the public interest.

    (b)

    The council shall vote in public prior to going into executive session on the question and when such vote is favorable the presiding officer shall announce the specific purpose of the executive session. No formal action may be taken in executive session. As used herein, the term “formal action” means a recorded vote committing the council to a specific course of action. No vote may be taken in executive session.

    (c)

    All meetings of council, as well as committees, subcommittees, boards, etc., of the town shall be conducted in accordance with the South Carolina Freedom of Information Act. All information relative to the operation and conduct of the town shall be available to the public in accordance with the provisions of said Act.

    (Code 1994, § 2-302)

  • Sec. 2-57. – Quorum.

    A majority of the total membership of the council shall constitute a quorum for the purpose of transacting council business at any meeting. The mayor or mayor pro tempore shall preside at council meetings, except that in the absence of both, the council members present shall elect a presiding officer.

    (Code 1994, § 2-303)

  • Sec. 2-58. – Rules of order; order of proceedings.

    (a)

    Except as otherwise required by state law, this Code or by ordinance, all proceedings of council shall be governed by Robert’s Rules of Order.

    (b)

    Immediately at the hour appointed for the meeting to begin, the mayor shall take the chair and, if a quorum is present, council shall proceed to transact business.

    (c)

    The order of proceedings at regular meetings of council shall be as follows:

    (1)

    The minutes of the past council meeting shall be read by the clerk-treasurer;

    (2)

    Citizen presentations;

    (3)

    Reports from standing committees;

    (4)

    Reports from town officers, boards, and commissions;

    (5)

    Reports from special or joint committees;

    (6)

    Petitions received, referred, or disposed of;

    (7)

    Bills already in possession of the council to be taken up for a second reading or to be ratified;

    (8)

    Introduction of new bills or resolutions;

    (9)

    Miscellaneous business;

    (10)

    Citizen comments; and

    (11)

    Council member comments.

    (d)

    The order of proceeding in subsection (c) of this section shall be governed as follows:

    (1)

    Reading of the minutes of the past council meeting by the clerk-treasurer. Unless a motion to approve the minutes as corrected is passed by a majority of those members present, the minutes of all meetings which have not been approved shall be read in their entirety, excluding appendices; corrected, if necessary; and approved by a majority vote.

    (2)

    Citizen presentations. Persons wishing to make formal reports or requests to council shall so notify the clerk-treasurer no later than 48 hours prior to the council meeting and shall provide the clerk-treasurer with a written copy of such report or request to be made to council. The clerk-treasurer shall add all such citizen presentations to the formal agenda of the council meeting. No more than 30 minutes shall be allowed for citizen presentations and shall be divided equally among those requesting to make a presentation.

    (3)

    Bills already in possession of the council to be taken up for a second reading or to be clarified. All bills and resolutions shall be in a form approved by council and read.

    (4)

    Introduction of new bill or resolutions. All bills and resolutions to be in a form approved by council and read.

    (5)

    Miscellaneous business. This shall include any matter that is not included in any of the other orders. All subjects/matters to be included here must be submitted to the clerk-treasurer for inclusion on the agenda.

    (6)

    Citizen comments. Persons wishing to speak shall be recognized by the mayor or other presiding officer of the meeting, in accordance with the following priority of order:

    a.

    Persons who have notified the clerk-treasurer prior to the meeting of their desire to speak;

    b.

    Persons who have notified the clerk-treasurer prior to the meeting of their desire to speak but have not furnished a copy of their comments to the clerk-treasurer; and

    c.

    All other persons indicating a desire to speak. Thirty minutes are allowed for citizens’ comments and shall be divided equally among those wishing to speak.

    (7)

    Council member comments. Prior to adjournment, the mayor shall poll all other council members and provide them with an opportunity to make comments.

    (e)

    Each member of council shall address the mayor as “Mr. Mayor” (Madam Mayor), and in speaking shall avoid all disrespect to other members of council and all personalities, and shall confine comments and discussion to the subject under immediate consideration by council.

    (f)

    The mayor, when addressed by a member who rises in order, shall name the member and shall use the title “council member.” The member who shall rise first in order shall be first heard. If several members rise about the same time, the mayor shall decide who shall speak first.

    (g)

    No member shall speak more than twice on the pending questions without leave of the council, except to answer a question or to ask a question.

    (h)

    Any member may have his reasons for voting for or against any questions recorded in the minutes of the meeting by gaining recognition by the presiding officer immediately following the vote and then briefly stating his reasons.

    (i)

    Any member of council to include the mayor may introduce an ordinance or resolution without requiring the second on a motion to introduce the ordinance or resolution.

    (Code 1994, § 2-304)

  • Sec. 2-59. – Voting.

    (a)

    All actions of the council shall be by vote of a majority of members present at a public meeting.

    (b)

    All votes taken shall be by show of raised hands and shall be recorded in the minutes; provided, however, that upon demand by any member, the vote shall be by roll call.

    (c)

    No member shall leave the council chambers while council is in public session without the permission of the presiding officer.

    (Code 1994, § 2-305)

  • Sec. 2-60. – Minutes of meetings.

    (a)

    The municipal clerk shall keep the minutes of all public meetings of council which shall be a matter of permanent public record. At each council meeting, the minutes of the previous meeting shall be presented for approval. Minutes shall not be considered the official record of a meeting until approved by council.

    (b)

    The minutes of council shall be made available to council members for review within seven working days after the respective meeting. The minutes shall be approved at the next regular meeting of town council.

    (Code 1994, § 2-306)

  • Sec. 2-61. – Agenda.

    (a)

    Matters to be considered by council at a regular or special meeting, except a called emergency special meeting, may be placed on a written agenda prepared by the municipal clerk and publicly posted within 48 hours of the meeting.

    (b)

    If it is desired to transact business out of its order, it shall be necessary to suspend the rules by a vote of a majority of the members present.

    (c)

    The council agenda for special meetings shall list only those items which were included in the original call for the meeting. No items may be added.

    (Code 1994, § 2-307)

  • Secs. 2-62—2-80. – Reserved.

 

  • ARTICLE IV. – ORDINANCES AND RESOLUTIONS

  • Sec. 2-81. – Codification of ordinances.

    (a)

    All ordinances of a permanent and general nature relating to the general government and administration, public health, safety and welfare shall be codified in a loose-leaf Code of Ordinances and updated annually.

    (b)

    Any standard code of technical regulations, business license ordinance and rate schedule, and state traffic regulations adopted by council may be cited in this Code by reference.

    (Code 1994, § 2-401)

  • Sec. 2-82. – Acts to be done by ordinance.

    In addition to other acts required by law to be done by ordinance, the following acts of council shall be done by ordinance:

    (1)

    Adopt or amend an administrative code or establish, alter or abolish any municipal department, office or agency;

    (2)

    Provide for a fine or other penalty or establish a rule or regulation in which a fine or other penalty is imposed for violations;

    (3)

    Adopt or amend budgets and appropriate funds;

    (4)

    Authorize the borrowing of money or the issuance of bonds;

    (5)

    Levy taxes, assess property for improvements or establish charges for services;

    (6)

    Grant, renew, extend or amend franchises, licenses or rights in public streets or property, and close streets;

    (7)

    Sell or lease or contract to sell or lease any lands belonging to the town;

    (8)

    Extend the corporate boundaries of the town by annexation; and

    (9)

    Amend or repeal any ordinance described in subsections (1) through (8) of this section.

    (Code 1994, § 2-402)

  • Sec. 2-83. – Form of ordinances and resolutions.

    Every proposed ordinance and resolution shall be introduced in writing and in the form required for enactment which shall include:

    (1)

    A title describing the content.

    (2)

    A preamble, if appropriate, citing reasons for the ordinance or resolution.

    (3)

    An enacting clause which shall be styled as follows: “Be it Ordered and Ordained by the Town of Meggett, South Carolina, and it is ordained by authority of said council.”

    (4)

    Citation of any ordinance amended or repealed.

    (5)

    The date of the first reading of the ordinance.

    (6)

    The effective date of the ordinance.

    (7)

    The name of the council member introducing the ordinance.

    (8)

    The assignment of an ordinance number, as for example, 90-001.

    (9)

    Space for the signatures of the mayor or presiding officer and the clerk-treasurer attesting notice, if required, and certifying enactment.

    (Code 1994, § 2-403)

  • Sec. 2-84. – Introduction of ordinances.

    An ordinance may be proposed by any member of council, to include the mayor, without requiring a second by another member of council. A proposed ordinance shall be referred to the municipal clerk for the assignment of an ordinance number. If requested, the town attorney shall render assistance in the preparation of required notices, if any, and in drafting ordinances. The municipal clerk shall give notice, if required, and may place the proposed ordinance on a regular or special agenda, as appropriate. An ordinance shall be deemed to be introduced when it appears on an agenda for a public meeting of council and its title is read; provided, however, that any member of council may request a full reading of a proposed ordinance at its introductions and first reading.

    (Code 1994, § 2-404)

  • Sec. 2-85. – Enactment of ordinances.

    (a)

    No ordinance shall be enacted into law until it has received at least two readings on two separate days with at least six calendar days between each reading.

    (1)

    First reading. The first reading of an ordinance shall be recorded in the minutes of the council meeting. No substantive amendments may be made to the ordinance at first reading and the proposed ordinance must be carried over until its second reading.

    (2)

    Second reading. On second reading of an ordinance, the pending main question before council is the enactment of the ordinance. The council may debate, propose amendments, carry over, table, or act on the ordinance in accordance with adopted rules of procedure.

    (3)

    If a proposed ordinance does not receive the required two readings within a 12-month time period, from the date of introduction, it shall automatically be tabled and no further action may be taken on the proposed ordinance.

    (4)

    Upon enactment by vote of council, an ordinance shall be signed by the mayor or presiding officer and attested to by the municipal clerk, who shall file the original ordinance with the minutes of the council meeting.

    (b)

    Emergency ordinances may be adopted on one reading without notice or hearing by an affirmative vote of two-thirds of the members of council present. An emergency ordinance may not levy taxes, relate to a franchise or a service rate and shall expire automatically on the 61st day following enactment.

    (Code 1994, § 2-405)

  • Sec. 2-86. – Introduction and adoption of resolutions.

    (a)

    Resolutions may be proposed in writing as provided for in section 2-83 or by voice motion of a member of council. A resolution shall be deemed to be introduced when a member of council moves for the adoption of the resolution. A motion to adopt a resolution shall not require a second by another member of council.

    (b)

    A resolution may be adopted on one reading unless a public hearing is set by a majority of the members of council present. If a written resolution is adopted, the municipal clerk shall file it with the minutes of the council meeting. If an oral resolution is adopted, it shall be reduced to writing by the municipal clerk and entered in the minutes of the council meeting.

    (Code 1994, § 2-406)

  • Secs. 2-87—2-115. – Reserved.

 

  • ARTICLE V. – OFFICES AND DEPARTMENTS

  • Sec. 2-116. – Establishment.

    The council may create and establish town offices, departments, agencies, boards and commissions and prescribe their duties and functions. council may hire an administrator to assist it.

    (Code 1994, § 2-501)

  • Sec. 2-117. – Term of office; compensation.

    The term of office for appointed town officers and the term of employment for employees shall be at the discretion of council. Appointed officers and employees shall receive such compensation as the council may determine from time to time.

    (Code 1994, § 2-502)

  • Sec. 2-118. – Clerk-treasurer.

    (a)

    At the first regular meeting of the council following the inauguration meeting, the council shall appoint an officer to be known as the clerk-treasurer, who shall hold office at the discretion of council or until a successor is duly appointed and qualified.

    (b)

    Before entering upon the duties of office, the clerk-treasurer shall enter into a bond in such sum as shall be approved by the council for the faithful performance of the duties of the office.

    (c)

    The clerk-treasurer shall perform the following duties:

    (1)

    Collect all claims and accounts that may be due and payable to the town;

    (2)

    Receive all money belonging to the town;

    (3)

    Issue all licenses and badges for which provision may be made and collect all fees for licenses that may be imposed;

    (4)

    Pay all bills owed by the town when approved by council;

    (5)

    Deposit funds in banks as designated by council;

    (6)

    Make statements to the financial condition of the town as ordered by the council;

    (7)

    Keep account of all money and accounts and report to the council;

    (8)

    Give notice to the members of the council of regular and special meetings of the council;

    (9)

    Attend all meetings of the council, keep minutes of the proceedings of the council, and maintain the minutes in a book to be known as “The minutes of the meetings of the town council of the Town of Meggett, South Carolina;

    (10)

    Have custody of the seal of the town;

    (11)

    Schedule the use of public buildings; and

    (12)

    Perform such other duties as may be required by the council.

    (Code 1994, § 2-503)

    State law reference— Municipal clerk, S.C. Code 1976, § 5-7-220.

  • Sec. 2-119. – Town attorney.

    (a)

    At the first regular meeting of the council following the inauguration meeting, the council shall appoint an officer to be known as the town attorney, who shall hold office at the discretion of council or until a successor is duly appointed and qualified.

    (b)

    The town attorney must be a member of the state bar and be admitted to practice law in the state.

    (c)

    It shall be the duty of the town attorney whenever called upon by council, or the necessity arises, to give his advice and direction to the council, or any member thereof, or to the clerk-treasurer and chief of police on any and all legal questions which may arise in the course of the administration of the town government, or in the discharge of the duties of their respective offices; and whenever required to do so by the council, he shall give his legal opinion in writing. He shall draw or supervise the drawing or drafting of all ordinances, and other instruments of writing relative to the business of the town when required to do so by the council or any member thereof; and shall, whenever notified to do so, attend the meetings of the council and shall perform such other duties as required by the council. The town attorney shall receive such compensation for the discharge of these duties as fixed by the council.

    (Code 1994, § 2-504)

    State law reference— Municipal attorney, S.C. Code 1976, § 5-7-230.

  • Secs. 2-120—2-136. – Reserved.

 

  • ARTICLE VI. – FINANCE AND TAXATION

  • Sec. 2-137. – Fiscal year.

    The fiscal year for the town shall begin on July 1 of each year and end on June 30.

    (Code 1994, § 4-101)

  • Sec. 2-138. – Budget required.

    The council shall approve operating and capital annual budgets which provide for sufficient revenue to meet estimated expenses for each year.

    (Code 1994, § 4-102)

  • Sec. 2-139. – Audit required.

    (a)

    The council shall provide for an independent annual audit of all financial records and transactions of the town and any agency funded in whole or in part by town funds.

    (b)

    The council shall designate the accountant to conduct the audit no later than 30 days after the beginning of the fiscal year for which the audit is being conducted. The accountant shall not have personal interest, direct or indirect, in the fiscal affairs of the town or any of its officers.

    (Code 1994, § 4-103)

  • Secs. 2-140—2-161. – Reserved.

 

  • ARTICLE VII. – PURCHASING

    FOOTNOTE(S):

    — (2) —

    State Law reference— Political subdivisions required to adopt procurement laws, S.C. Code 1976, § 11-35-50.

  • Sec. 2-162. – Purchasing agent.

    The mayor, or his designee, shall be the purchasing agent for the town. The agent shall be responsible for:

    (1)

    The purchase of supplies, materials and equipment and contractual services required by any office, department or agency of the town government.

    (2)

    The storage and distribution of all supplies, materials and equipment required by an office, department or agency of the town government.

    (3)

    Establishing written specifications, whenever practicable, for supplies, materials and equipment required by any office, department or agency of the town government. Such specifications should be definite and certain and shall permit competition.

    (4)

    Maintaining, whenever practicable, a perpetual inventory record of all materials, supplies, or equipment stored in storerooms or warehouses.

    (5)

    Soliciting and maintaining an up-to-date list of qualified suppliers. The purchasing agent shall have authority to remove temporarily the names of vendors who have defaulted on their quotations, attempted to defraud the town or have failed to meet established specifications or delivery dates.

    (6)

    Obtaining as full and open competition as possible of all purchases, contractors and sales.

    (Ord. No. 2003-04, § 4-401, 2-24-2003)

  • Sec. 2-163. – Formal contract procedure.

    All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed $20,000.00, shall be purchased by formal written contract from the lowest responsible bidder, after due notice inviting proposals. No contract or purchase shall be subdivided to avoid the requirements of this section. All sales of personal property which has become obsolete or unusable, when the estimated value shall exceed $20,000.00, shall be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals.

    (Ord. No. 2003-04, § 4-402, 2-24-2003)

  • Sec. 2-164. – Informal purchase procedure.

    A small purchase is any purchase costing less than $20,000.00. No purchase shall be subdivided to avoid the requirements of this section. The following procedures shall pertain to small purchases:

    (1)

    Purchases $0.01—$1,000.00. The mayor and/or mayor’s designated representative appointed by council may purchase items under $1,000.00 as they are needed. A purchase requisition must be submitted to the administrator or treasurer for all items which exceed $100.00 per unit cost and for all non-routine purchases. A non-routine purchase is a non-recurring purchase of any special or atypical item or service. Purchase requisitions for routine items, such as office supplies, can be given directly to the purchasing agent unless the items exceed the unit cost limitation. A purchase order will be issued and approved by the town administrator or treasurer:

    a.

    If required by vendor;

    b.

    If requested by administrator or treasurer; or

    c.

    If item is in excess of $1,000.00.

    (2)

    Purchases $1,001.00—$5,000.00. The mayor and council may approve and sole source non-routine/non-recurring purchases within these amounts. After the requisition has been approved, a purchase order will be issued and then approved by the mayor.

    (3)

    Purchases $5,001.00—$20,000.00. No less than three written quotes from qualified vendors shall be obtained. The quotes will then be presented to the council for approval.

    (Ord. No. 2003-04, § 4-403, 2-24-2003; Ord. No. 2011-03, 8-1-2011)

  • Sec. 2-165. – Competitive bidding required; exception.

    Before any purchases or contracts for supplies, materials, equipment or services exceeding $20,000.00 are made, the purchasing agent shall give ample opportunity for competitive bidding as set forth in sections 2-166 and 2-167. The council shall not accept individual contracts, purchases or sales from the requirement of competitive bidding; provided, however, emergency purchases may be made in accordance with section 2-171.

    (Ord. No. 2003-04, § 4-404, 2-24-2003)

  • Sec. 2-166. – Award to lowest responsible bidder.

    All contracts for town improvements, materials, equipment, or services costing more than $20,000.00 shall be awarded to the lowest responsible bidder as defined in section 2-167(h)(2).

    (Ord. No. 2003-04, § 4-405, 2-24-2003)

  • Sec. 2-167. – Competitive bidding procedure.

    (a)

    Invitation to bid. The purchasing agent shall solicit bids by mail, telephone, newspaper, or by any other reasonable means designed to secure responsible bidders. Invitations to bid shall be advertised or noticed ten days prior to the date on which bids are due, unless, due to extraneous time constraints, such cannot be complied with. The notice required shall include a general description of the articles or services to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

    (b)

    Bid deposits. When deemed necessary by the purchasing agent, bid deposits shall be prescribed in the notices inviting bids. Upon entering into a contract, bidders shall be entitled to return of bid deposit where the purchasing agent has required such. A successful bidder shall forfeit any bid deposit required by the purchasing agent upon failure on his part to enter into a contract within ten days after the award; provided, however, that the town, in its sole discretion, may waive this forfeiture.

    (c)

    Submission and sealing. Bids shall be submitted to the purchasing agent at the designated place no later than the date and time specified in the invitation. Bids shall be securely sealed in an envelope and shall be identified on the envelope in accordance with bid instructions.

    (d)

    Opening. Bids shall be opened in public at the time and place stated in the invitation to bid.

    (e)

    Tabulation. A tabulation of all bids received shall be available for public inspection.

    (f)

    Rejection of bids. The purchasing agent shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.

    (g)

    Bidders in default to the town. The purchasing agent shall not accept the bid of a vendor or contractor who is delinquent in the payment of taxes, license or other monies due to the town.

    (h)

    Award of contract.

    (1)

    Authority in agent. The mayor shall have the authority to award contracts within the purview of this procedure; provided, however, that prior approval of the town council is given for entering into the contract and for:

    a.

    Any item exceeding ten percent of the budget allocation for said item; and

    b.

    Contracts not awarded to the lowest responsible bidder.

    (2)

    Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining “lowest responsible bidder,” in addition to price, the purchasing agent shall consider:

    a.

    The ability, capacity and skill of the bidder to perform the contract or provide the service;

    b.

    Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

    c.

    The character, integrity, reputation, judgment, experience and efficiency of the bidder;

    d.

    The quality of performance of previous contracts or services;

    e.

    The previous and existing compliance by the bidder with laws and ordinances relation to the contract or services;

    f.

    The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

    g.

    The quality, availability and adaptability of the supplies or contractual services to the particular use required;

    h.

    The ability of the bidder to provide further maintenance and service for the use of the subject of the contract;

    i.

    The number and scope of conditions attached to the bid; and

    j.

    The quality of samples requested by the town.

    (3)

    Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent and filed with the papers relating to the transaction.

    (4)

    Tie bids. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder. If two or more of such bids are submitted by local bidders, the purchasing agent shall award the contract to one of the local tie bidders by drawing lots in public. If local bidders are not involved in the tie bids, the purchasing agent shall award the contract to one of the outside tie bidders by drawing lots in public.

    (5)

    Performance bonds. The purchasing agent shall have the authority to require a performance bond, before entering into a contract, in such form and amount as the agent shall find reasonably necessary to protect the best interests of the town.

    (Ord. No. 2003-04, § 4-406, 2-24-2003)

  • Sec. 2-168. – Conflict of interest.

    No member of the town council or any officer or employee of the town shall have a financial interest in any contract or in the sale to the town or to a contractor supplying the town of any land or rights or interests in any land, material, supplies or services. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the town found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express or implied of the person or corporation contracting with the town shall render the contract voidable by the purchasing agent or town council.

    (Ord. No. 2003-04, § 4-407, 2-24-2003)

  • Sec. 2-169. – Compliance with state laws.

    In all actions involving the procurement of supplies, services, or construction for this municipality, the provisions of S.C. Code 1976, tit. 8, ch. 31, State Ethics Act, shall be complied with and observed.

    (Ord. No. 2003-04, § 4-408, 2-24-2003)

  • Sec. 2-170. – Cooperative purchasing.

    The purchasing agent shall have authority to join with other units of government in cooperative purchasing plans when the best interests of the town would be served thereby; provided that the purchasing agent of the town is given the authority to make purchases of supplies and equipment through the property division of the state budget and control board and of professional services with the county, without the formality of publication and receiving of competitive bids.

    (Ord. No. 2003-04, § 4-409, 2-24-2003)

  • Sec. 2-171. – Emergency procurement.

    Notwithstanding any other provision of this procedure, the mayor, or his designee, may make an emergency procurement when there exists a threat to public health, welfare or safety under emergency conditions or where normal daily operations are affected; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances.

    (Ord. No. 2003-04, § 4-410, 2-24-2003)

  • Sec. 2-172. – Purchases from petty cash.

    A purchase of less than $25.00 may be made from petty cash if approved by the mayor, town treasurer, or town administrator.

    (Ord. No. 2003-04, § 4-411, 2-24-2003)

  • Sec. 2-173. – Sole source procurement.

    A contract may be awarded for a supply, service or construction item without competition when the mayor determines in writing that there is only one source for the required supply, service, or construction item.

    (Ord. No. 2003-04, § 4-412, 2-24-2003)

  • Sec. 2-174. – Maintenance of records.

    All written records pertaining to the solicitation, award and performance of a contract shall be maintained in a contract file in the town offices and shall be open to public inspection.

    (Ord. No. 2003-04, § 4-413, 2-24-2003)

  • Sec. 2-175. – Surplus stock.

    (a)

    The purchasing agent shall have authority to transfer stock or surplus supplies to other offices, departments or agencies of the town.

    (b)

    If the purchasing agent deems it appropriate, surplus stock and supplies can be given to charity or to another public entity; provided, however, that prior approval is given by the town administrator for items with an estimated value up to $500.00; by the mayor for items with an estimated value up to $5,000.00; and by council for items with an estimated value over $5,000.00, but less than $20,000.00.

    (c)

    If deemed appropriate and approved by town council, surplus stock and supplies may be auctioned off to the highest bidder at an auction that has been noticed in a paper of general circulation. Written bids will be accepted on all surplus stock and supplies that have been listed in the auction bulletin. The auction bulletin shall describe each item and its fair market value. Employees, council members and their immediate families are not eligible to bid on auction items.

    (d)

    Surplus stock and supplies with an estimated value exceeding $20,000.00 shall only be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals.

    (Ord. No. 2003-04, § 4-414, 2-24-2003)

  • Sec. 2-176. – Professional services.

    (a)

    Public announcement. It is the policy of the town to publicly announce all requirements for architectural, engineering, land surveying and other professional services and to negotiate such contracts on the basis of demonstrated competence and qualification at fair and reasonable prices. In the procurement of architectural, engineering, land surveying and other professional services, the mayor or his designee shall request firms to submit a statement of qualifications and performance data.

    (b)

    Selection process. The mayor or his designee shall conduct discussions with no less than three firms regarding the contract and shall select from among them no less than three of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the town.

    (c)

    Negotiation. The mayor shall negotiate a contract with the highest qualified firm for architectural, engineering, land surveying or other professional services at a compensation which is considered to be fair and reasonable to the town. In making this decision, the mayor shall take into account the established value, the scope, the complexity, and the professional nature of the services to be rendered. Should the mayor be unable to negotiate a satisfactory contract with the firm considered to be most qualified, negotiations with that firm shall be formally terminated. The mayor shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the mayor shall then undertake negotiations with the third most qualified firm. Should the mayor be unable to negotiate a contract with any of the selected firms, the mayor shall select additional firms in order of their competence and qualifications, and the mayor shall continue negotiations in accordance with this section until an agreement is reached. The duties of the mayor in regards to this section shall not be delegated.

    (Ord. No. 2003-04, § 4-415, 2-24-2003)