Chapter 4 - Manager

The County Manager Plan is hereby adopted for Henderson County, North Carolina.

The Henderson County Manager shall have the power to appoint officers, employees and agents of Henderson County without first securing the approval of the Henderson County Board of Commissioners, unless such appointment is otherwise precluded by law.

The Henderson County Manager is hereby authorized to receive bids, to award contracts, to reject bids, to re advertise to receive bids on behalf of the County, to waive bid bonds or deposits and to waive payment and performance bonds for the purchase of apparatus, supplies, materials and equipment on behalf of the Henderson County Board of Commissioners, subject to the terms and conditions as contained in this article

In exercising the authority granted by the terms of this article, the Henderson County Manager shall at all times adhere to applicable state, federal and local laws concerning the purchase of apparatus, supplies, materials and equipment

The Henderson County Manager shall be required to provide a report to the Henderson County Board of Commissioners of each purchase made or contract awarded pursuant to the authority granted in this article where the cumulative cost of the apparatus, supplies, materials and/or equipment acquired pursuant to a purchase or contract exceeds $30,000, excluding associated maintenance, service and repair costs, and is less than $100,000. The content of the report shall be sufficient to apprise the Board of Commissioners of the procedure followed, the price(s) received, the justification for any prices(s) or bids which were rejected, and the amount of the contract entered or purchase made.

The Henderson County Manager shall not be authorized to act pursuant to this article where the Henderson County Budget Ordinance in effect would necessitate action by the Henderson County Board of Commissioners before an award of a contract or approval of a purchase could be made.

The Henderson County Manager is hereby authorized to exercise such powers and to take such action as the Board of Commissioners is authorized to exercise and take under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions subject to the terms and conditions as contained in this article, and except as provided herein.

The Henderson County Board of Commissioners reserves unto itself the authority granted to the Board of Commissioners under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions, and the Henderson County Manager shall not be authorized to act pursuant to this article, in the following circumstances:

1. If Henderson County has received a request by a sewer customer for annexation into any existing sewer district within Henderson County of any property, or portion of property, that may be affected by the sewer extension application; or
2. If Henderson County staff recommends that any property or portion of property which would be affected by a sewer extension application be annexed into any sewer district within Henderson County; or
3. If Henderson County has received actual notice of an intent to annex or a notice of public hearing has been advertised pursuant to N.C.G.S. 160A-31, pertaining to the annexation into an incorporated municipality within Henderson County of any property, or portion of property, which would be affected by a sewer extension application; or
4. If the sewer extension application is for sewer service in the Cane Creek Water and Sewer District and the requested allocation is more than 40,000 gallons per day; or
5. If the sewer extension application is for sewer service in the Mud Creek Water and Sewer District and the requested allocation is more than 2,000 gallons per day; or
6. If Henderson County's remaining sewer treatment allocation is less than 500,000 gallons per day; or
7. If the sewer extension application will require any funding from Henderson County that was not approved pursuant to the adoption of the then current Budget Ordinance.

The Henderson County Manager or the Henderson County Utilities/Sewer Department shall provide to the Board of Commissioners monthly reports reflecting any sewer allocations granted by the Henderson County Manager in the exercise of his authority under this article and reflecting the total allocations granted as of the date of the report, regardless of whether the allocations were granted by the County Manager or by the Board of Commissioners.

In exercising the authority granted by the terms of this article, the Henderson County Manager shall, at all times, adhere to applicable federal, state and local laws, rules, regulations and policies, including, but not limited to, Henderson County Code Chapter 94, Sewers, concerning sewer extensions.