(A) 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 the authority as may be provided by law and/or otherwise delegated by the Board, the Town Manager shall have the authority to:
(1) 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;
(2) 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 of Murphy;
(3) Advertise, or otherwise secure bids, for the item(s), if required under applicable law;
(4) 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;
(5) Reject bids;
(6) Re-advertise to receive bids;
(7) Waive bid bond or deposit requirements;
(8) Waive performance and payment bond requirements; and
(9) Execute and deliver the purchase contract(s).
(B) Report. At the first meeting of the Town Board of Commissioners following the award of any contracts pursuant to this section, the Town Manager shall submit a report to the Town Board of Commissioners summarizing the bids received and the contracts awarded. The report shall be included in the minutes of the meeting at which it is received.
(C) Extent of authority. Except in cases of sole source purchases pursuant to G.S. § 143-129 and cases of purchases from established contracts pursuant to G.S. § 143-129(g),unless otherwise provided by law, the provisions of this section shall apply to the purchase of all apparatus, supplies, materials, or equipment required for use by the Town of Murphy.
(D) No limitation of other authority. The provisions of this section 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 Town Board of Commissioners.
(E) Appropriation required. No purchase shall be made by the Town Manager under authority of this section unless an appropriation for the purpose has been authorized in the annual budget, or by supplemental appropriation or budget appropriation amendment duly adopted by the Town Board of Commissioners.
(F) Application of North Carolina General Statutes. In acting pursuant to the authority delegated by this section, the Town Manager shall comply with the requirements of G.S. Ch. 143, Art. 8, as from time to time amended, modified, supplemented, revised, or superseded, to the same extent as would have otherwise applied to the Town Board of Commissioners.
(G) Authority. This section is enacted pursuant to the provisions of G.S. § 143-129(a).
(Ord. passed 2-9-1998)