The Clinton chronicle. (Clinton, S.C.) 1901-current, February 12, 1970, Image 11

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THE CHRONICLE, Clinton, S. C., Feb. 12, 1970—3-B County Council Bill (Editor’s Note: Because so much interest has been shown recently in the legislation setting up a county council method of governmental operation in Laurens County, The Chronicle publishes here the entire text of the bi.U.) (R572, H1920) An Act To Provide For A County Council Form Of Government For Laurens County. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. There is hereby created for Laurens County a sys tem of county government which shall be known as the County Council of Laurens County, with powers and duties as set forth in this act. SECTION 2. 1 he county council shall be composed of five mem bers elected in the general election from the county at large, com mencing with the general election in 1970. for terms to commence on January 1, 1971. Terms of office shall be for four years and until successors are elected and qualify, f’roindcd, however, that two mem bers of the initial council shall sene two-year terms and three mem bers shall serve four-year terms, with the length of terms determined by lot at the first meeting of the council. The council shall elect a chairman and such other officers as it may deem necessary for terms of two years at the initial meeting of the council in January following each general election. \ acancies on the council occurring by reason of expiration of term of office shall be filled in the general election next preceding the expiration date of that term of office. Vacancies of less than two \ears occurring In reason of death, resignation, disabilitv or removal shall l>e filled for the unexpired term by ap|x)intment of the Governor. I'nexpired terms of two years or more shall be filled by special elections, or in the general election when the vacancies occur at least forty-five davs prior to a general election in an even-num bered year. SECTION 3 The council shall meet regularlv once each month and additionally u[>on the call of the chairman or a majoritv of the members I'rondcd. that 'pecial meetings at which business is trans- acted shall not l>e held unless all council memtiers are first notified. Council memliers shall initially receive an annual sal.trv of S2.400.00 and the chairman shall receive, in addition, the sum of $000.00 an- nuallv An allowance for travel m the amount of vt^miHi shall In- provided for each council niemtier The council shall have the au- thontv to determine the compensation for its memlx'rs other than as initiall\ prescnlied m this section , r> <ruL-d however, that no sal ary increases shall !«• effected except in the annual budget ordinance as provided lot in Section t> Meioln-is ot the council shall m addi tion, receive mileage and expenses at the rate prescribed !>v law for State emplovees while out of tin conutv engaged m otnctal business. A!! meetings shall be ojK-n to the pubnc except the counci'. bv ma- joritv vote, inav go into execuii.e sess;,,;] n. consider a]•]mintnients or other matter ' vv h tch *.t if cent' a|'|'p ipriatc Direr member' iif the coum-il -'hall 1': nmtit Utr a ■ |u<*nini tn .1 regnl ar ..r caHt<l meetuig. 1 he council vh ail a I’l-'int ; i clerk vv!. 0 '-hall 't*r\ e a' secretarv to the council am! jx-rf “mi mu .'h “tier (it 1! u*'' :t ^ inav 1 it* a'Mgnri! SECTION 4 All (iutl*> 1 ,e:: nm .re I >tT h »r: : it * 1 1 0 the Laurens Countv Board of Commissioners are devolved upon the countv coun cil, and such t>oard is abolished as of lanuarv 1, I'Vl . proiddcd, that the office of countv sui>ervisor is retained with all of the duties of that office except those duties as chairman of the Liard of com missioners Ljion assumption of office of the council members, all appoinUpe/ps ui I^ureiis County to be made uj»on the recommenda tion of the county legislative delegation shall henceforth l>e made upon the recommendation of a majoritv of the council except as pro vided in the Constitution of the State It is intended that the council shall exercise all jiower and authoritv with resjiect to appointments heretofore exercised by the countv delegation and the countv delega tion. including the Senator Nothing contained herein shall be con strued as diminishing or terminating the term of any officer or Liard or commission member who has f>een elected or apjiointed for a definite term SECTION 5 The council shall establish |silicies relating to the selection, ap|Hiintment. conijxiisation and dismissal of the adminis trative emplovees of the countv government SECTION 6 Legislative action of the cnuitv council shall L* hv ordinance No ordinance of the council which levies a tax appro priates money or incurs Lmded indebtedness shall he valid until such ordinance has lieen read at three regular meetings of the coun cil and published at least twice two weeks prior to the final reading. All appropriations shall lie itemized All other ordinances shall lx* read at the regular meetings and shall lx* published in full at least one week prior to the effective date. N’o ordinance shall lie passed unless at least three niemtxrs of the council shall have voted for its approval or jiassage. Ordinances and resolutions shall lie kept as permanent records and made available for insjiection or duplication. SECTION 7 I n addition to the foregoing duties and powers, the county council is hereby empowered to legislate in reference to such matters of local concern within Laurens County as herein pro vided, and shall have the following powers: 1. To adopt, use and alter a corporate seal. 2. (a i To acquire by purchase, gift or otherwise real property in the name of Laurens County. (b) To lease, sell or otherwise dispose of real and personal property in the name of Laurens County, including all such prop erty now owned by the county. (c) To acquire tangible personal property and supplies. 3. To make contracts and to execute all instruments necessary or convenient for carrying out the functions committed to it. 4 To exercise the jxnvers of eminent domain in the manner prov ided by law for procedure by any county, municipality or au thority organized under the laws of this State, or by the State High way Department or railroad corjiorations. 5' To make appropriations and to levy taxes for corporate purposes, to build and repair publie* roads, buildings and bridges, to maintain and support prisoners, pay jurors, county officers and employees, and for litigation, quarantine and court expenses, to support paupers and to pay past indebtedness. Provided, that in the event the council shall fail to make an appropriation by the end of the current fiscal year, the last effective appropriation shall apply for the succeeding fiscal year. 6. To provide for the receipt, custody, allocation and disburse ment of funds accruing to the county from whatever source derived. 7. To provide within the county within its discretion special services which are considered necessary to public health, welfare and safety, such as water, sewer, refuse or garbage collection and disposal facilities, fire protection and may collect service charges from the persons benefited by such services. 8. To incur indebtedness in anticipation of the collection of taxes which have been levied. 9. To issue bonds pledging the faith and credit of Laurens County for the purposes authorized by and within the limits pre scribed by the Constitution of the State of South Carolina, including educational purposes, to build and repair public roads, buildings, bridges and other facilities and for other county special services provided in this act necessary to the public health, welfare and safety. Bonds issued pursuant to this section shall mature serially in such manner as the county council may provide. They may con tain provisions permitting their redemption prior to their stated ma turity at premium figures. The council shall also be empowered to determine the rates of interest the bonds may bear, the method of their execution and sale and all other matters incident to the proper issuance and delivery of the bonds. It shall be empowered to direct the auditor to levy and the treasurer to collect ad valorem taxes upon all taxable property in Laurens County, without limitation as to rate or amount, sufficient to provide for the payment of principal and interest on these bonds. The coizncil shall, prior to the final adoption of any ordinance providing for the issuance of bonds pledg ing in any manner the taxing power of the county, submit the ques tion of issuing such bonds to the qualified electors of the countv at any general election, or at any special election ordered bv the council for that purpose. Notice of the question to he voted upon shall be given by published advertisement thereof in a newspaper of general circulation in the county at least once a;vveek for three successive weeks prior to the occasion of the election. If the ques tion be submitted at a special election, the council shall fix the date of such election and shall, not less than fifteen davs before the date so fixed, notify the county election commission. The countv election commission shall thereupon, for the purpose of earning on such election, appoint the managers thereof, receive the returns of the managers, and declare the result of the election, and do and perform all other acts and things necessarv or incident to the proper holding of such election. The form of ballot to he used shall in all cases he prescribed by the commissioners of election. The commissioners and managers shall take and subscribe, before any officer authorized to administer oaths, the oath of office prescribed hv Section 2h. of Article III. of the Constitution, and the same shall he immediatclv filed in the office of the clerk of Lie court of common pleas for the county. N’o such ordinance shall he adopted unless and until tie* election thereon shall have resulted favorably to the issuance of the bonds to be authorized therein . 10. To enter into agreements on matters of local concern with agencies and instrumentalities of the Federal Government, the State Government, political subdivisions of the State, and educa tional, charitable and eleemosynary institutions, 11. To prescribe methods of accounting for county officers and departments. 12. To supervise and regulate the various departments of the county, except that the duties and functions now provided by law for the offices of the auditor, treasurer, supervisor, sheriff, clerk of court, probate judge, county service officer, coroner, board of as sessment control, county board of education and library board shall not be altered or infringed. The power of these officers to designate the personnel made available to them shall not be infringed upon. 13. To employ all county employees except school teachers and personnel of the county board of education; provided, how ever, that the officials specified in subsection (12) of this section shall have the right to designate the personnel to fill the positions in their offices. 14. To approve or disapprove all claims for payment and to provide attorneys for the prosecution and defense of anv claims for or against the county. Approval by majority vote of the council at a regtdar or special meeting after the required notice shall con stitute proper approval. 15. To exercise all the powers vested by law in the existing county governing body and to set the hours and days the county offices shall be open for the transaction of business. 16. Nothing contained herein shall be construed to abridge or affect the powers of any municipality or political subdivision within Laurens County. SECTION 8. F-very county official, department, commission, in stitution or board receiving grants or appropriations from county, state or federal funds shall, on or before March first of each vear, make a fuff and detailed annual report of its financial status, activi ties and expenditures for the past fiscal year, showing all balances in all accounts controlled by such official, department, commission, institution or board, together with its budget and recommendations for the coming year, to the county council. Such reports and bud gets shall be filed with the county council on or before March first of each year. The county council shall, from the reports, prepare a budget for the operation of the county for the ensuing year by ordinance as provided for in Section 6 of this act The council shall make available to the public the county budget and such bud get shall show in detail the amount of the proposed appropriations, the purposes for which they are to be made, and the millage to be levied by virtue of such budget and shall, in addition, certify that the millage to be levied is sufficient to balance the budget. The audi tor shall levy, and the treasurer shall collect, the millage necessary to meet the needs of the budgets of the county council. SECTION 9. The fiscal year shall commence July first and end June thirtieth. At the close of each fiscal year, an independent audit by a qualified certified public accountant shall be conducted and' the results made public. SECTION 10. “Published” as used in this act shall mean publica tion in a Laurens County Newspaper of general circulation once a week and, in addition, the council may in its discretion employ radio broadcasting stations having countywide coverage. SECTION 11. This act shall take effect upon approval by the Governor. In the Senate House the 3rd day of July In the Year of Our Lord One Thousand Nine Hundred and Sixty- nine. John C. West, President of the Senate. Rex L. Carter, Speaker Pro Tempore of the House of Representatives. Approved the 3rd day of July, 1969. Robert E. McNair, Governor. I :*:*x*:x*tf*:.x*x*:*:v:*:x*:*:^^ * I I I I I x X * 15 if; "TeN/TH vaue spectacu ar LYDIA STORE AND ZENITH ARE OUT TO BEAT INFLATION IN CLIMT0N WITH THEIR _ ONCE-A-YEAR. CUSTOMER APPRECIATION, ROCK-BOTTOM PRICES. YOU GET THE BIGGEST VALUES AT THE LOWEST PRICES EVER WITH ZENITH. REMEMBER, ZENITH QUALITY IS EXCLUSIVE... DONT BE SWITCHED TO ANY OTHER BRAND. 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