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