CHAPTER 36: TOWN POLICIES
Section
   36.01   Authority to purchase apparatus, supplies, materials or equipment
   36.02   Procedures for disposing of personal property valued at less than $5,000
   36.03   Petty cash as a form of payment
§ 36.01 AUTHORITY TO PURCHASE APPARATUS, SUPPLIES, MATERIALS OR EQUIPMENT.
   (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 of Commissioners 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 items to be purchased and the characteristics, features and/or requirements therefor;
      (2)   Include, where appropriate, in specifications for the items to be purchased an opportunity for bidders to purchase as trade-in specified personal property owned by the town;
      (3)   Advertise, or otherwise secure bids, for the items, if required under applicable law;
      (4)   Award contracts for the purchase of the items and, where applicable, award contracts for the purchase of the items and the sale of trade-in property;
      (5)   Reject bids;
      (6)   Readvertise 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 Board of Commissioners following the award of any contract pursuant to this section, the Town Manager shall submit a report to the 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 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 apparatus, supplies, materials or equipment requiring the estimated expenditure of municipal funds in an amount not to exceed $30,000 for any one item or group of similar items.
   (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 Board or Commissioners.
   (E)   Appropriation required. No purchase shall be made by the Town Manager under authority of this section 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.
   (F)   Application of 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, the same extent as would have otherwise applied to the Board of Commissioners.
   (G)   Authority. This section is enacted pursuant to the provisions of G.S. § 143-129(a).
(1985 Code, § 36.01)
§ 36.02 PROCEDURES FOR DISPOSING OF PERSONAL PROPERTY VALUED AT LESS THAN $5,000.
   (A)   The Town Manager is hereby authorized to dispose of any surplus personal property owned by the town, whenever he or she determines, in his or her discretion, that:
      (1)   The item or group of items has a fair market value of less than $5,000;
      (2)   The property is no longer necessary for the conduct of public business; and
      (3)   Sound property management principles and financial considerations indicate that the interest of the town would best be served by disposing of the property.
   (B)   The Town Manager may dispose of any surplus personal property by any means which he or she judges reasonably calculated to yield the highest attainable sale price in money or other consideration, including but not limited to the methods of sale provided in G.S. Ch. 160A, Article 12. The sale may be public or private, and with or without notice and minimum waiting period.
   (C)   The surplus property shall be sold to the party who tenders the highest offer, or exchanged for any property or services useful to the town if greater value may be obtained in that manner, and the Town Manager is hereby authorized to execute and deliver any applicable title documents. If no offers are received within a reasonable time, the Town Manager may retain the property, obtain any reasonably available salvage value, or cause it to be disposed of as waste material. No surplus property may be donated to any individual or organization except by resolution of the Board of Commissioners.
   (D)   The Town Manager shall keep a record of all property sold under authority of this section and that record shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange.
   (E)   This section is enacted pursuant to the provisions of G.S. § 160A-266(c).
(1985 Code, § 36.02)
§ 36.03 PETTY CASH AS A FORM OF PAYMENT.
   The use of petty cash as a form of payment expedites minor purchases and minimizes accounting costs. Expenditures of $50 or less (including sales tax) can be made through the use of petty cash. Petty cash shall only be used when the expenditure is clearly for a public purpose as defined by the North Carolina Constitution, and the individual initiating its use is certain that the funds have been appropriated. Petty cash shall not be used for purchases that exceed the $50 limit without the prior approval of the Finance Director or his or her designee.
(Ord. 2017-15, passed 3-6-2017)