DELEGATING AUTHORITY TO PURCHASE APPARATUS, SUPPLIES, MATERIALS OR EQUIPMENT

§ 34.01 GRANT OF AUTHORITY.

   Subject to the restrictions and conditions hereinafter provided, when purchasing apparatus, supplies, materials or equipment for use by the town, in addition to such authority as may be provided by law and/or otherwise delegated by the Board of Commissioners, the Town Manager shall have the authority to:

   (A)   Prepare, or cause to be prepared, plans and/or specifications setting forth a complete description of the item(s) to be purchased and the characteristics, features and/or requirements therefor;

   (B)   Include, where appropriate, in specifications for the item(s) to be purchased an opportunity for bidders to purchase as trade-in specified personal property owned by the town;

   (C)   Advertise, or otherwise secure bids, for those item(s), if required under applicable law;

   (D)   Award contracts for the purchase of the item(s) and, where applicable, award contracts for the purchase of the item(s) and the sale of trade-in property;

   (E)   Reject bids;

   (F)   Re-advertise to receive bids;

   (G)   Waive bid bond or deposit requirements;

   (H)   Waive performance and payment bond requirements; and

   (I)   Execute and deliver the purchase contract(s).

(Ord. eff. 9-8-2008)

§ 34.02 REPORT.

   At the first meeting of the Board of Commissioners following the award of any contract(s) pursuant to this subchapter, the Town Manager shall submit a report to the Board of Commissioners summarizing the bids received and the contract(s) awarded. The report shall be included in the minutes of the meeting at which it is received.

(Ord. eff. 9-8-2008)

§ 34.03 EXTENT OF AUTHORITY.

   Except in cases of sole source purchases pursuant to G.S. § 143-129(e) and cases of purchases from established contracts pursuant to G.S. § 143-129(g), unless otherwise provided by law, the provisions of this subchapter shall apply to the purchase of apparatus, supplies, materials or equipment requiring the estimated expenditure of municipal funds in an amount not to exceed $90,000 for any one item or group of similar items.

(Ord. eff. 9-8-2008)

§ 34.04 NO LIMITATION OF OTHER AUTHORITY.

   The provisions of this subchapter are not intended to limit, restrict or revoke, in any manner, authority otherwise granted and/or delegated to the Town Manager by statute, law or action of the Board of Commissioners.

(Ord. eff. 9-8-2008)

§ 34.05 APPROPRIATION REQUIRED.

   No purchase shall be made by the Town Manager under authority of this subchapter unless an appropriation for that purpose has been authorized in the annual budget, or by supplemental appropriation or budget appropriation amendment duly adopted by the Board of Commissioners.

(Ord. eff. 9-8-2008)

§ 34.06 APPLICATION OF STATE LAW.

   In acting pursuant to the authority delegated by this subchapter, the Town Manager shall comply with the requirements of G.S. Chapter 143, Article 8, as from time to time amended, modified, supplemented, revised or superseded, to the same extent as would have otherwise applied to the Board of Commissioners.

(Ord. eff. 9-8-2008)