S.L. 1981-1174

1981 SESSION

CHAPTER 1174

HOUSE BILL 1580

AN ACT TO ESTABLISH THE LIMITS OF AUTHORITY OF THE COUNTY MANAGER.

The General Assembly of North Carolina enacts:

Section 1. The county manager of Guilford County shall have the authority, under rules and regulations adopted by the board of county commissioners, to exercise the following duties:

(1) To lease, privately or publicly, any vacant land or any building owned by the county, from month to month, or year to year, at a rental to be determined by the county manager to be the fair rental value of the property.

(2) To contract on behalf of the county as provided in this paragraph. Any contract for the purchase of apparatus, supplies, materials or equipment for the performance of services may be approved, awarded and executed by the county manager on behalf of the county provided the amount of such contract does not exceed ten thousand dollars ($10,000) and the county commissioners shall have approved a sufficient appropriation in the annual budget for the current fiscal year. A contract for construction or demolition of any project may be approved, awarded and executed by the county manager on behalf of the county when the amount of such contract does not exceed ten thousand dollars ($10,000), provided that the county commissioners shall have approved a sufficient appropriation in the annual budget for the current fiscal year. Before any such contract is awarded, the county manager shall comply with all other requirements set forth in G.S. 143-129 and G.S. 143-131, and said contract shall be subject to the approval of the county attorney. Any person aggrieved by an award made pursuant to this section may appeal to the county commissioners by filing notice thereof with the clerk to the board immediately following the decision granting such award.

(3) To execute releases of persons, firms and corporations because of damages to personal property belonging to the county when the full amount of damages to such property is ascertained and a statement thereof has been furnished to the manager by the county attorney and the amount of such release does not exceed ten thousand dollars ($10,000).

(4) To settle claims against the county for (a) Personal injury or for damage to property when the amount involved does not exceed the amount of ten thousand dollars ($10,000) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred, and (b) the taking of property for rights-of-way in connection with public improvement which the county is authorized by law to make, when the amount involved in any such settlement does not exceed the sum of ten thousand dollars ($10,000) and does not exceed the actual loss sustained. Settlement of the claim by the county manager pursuant to this section shall constitute a complete release of the county from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such releases shall be subject to approval of the county attorney.

(5) For any contract involving a construction project, the county manager is authorized, in his sound judgment and discretion, to approve change orders and extensions in such construction contract up to an amount not exceeding fifteen thousand dollars ($15,000) for each such change order or extension. Such approval shall be valid provided that the county accountant has verified the amount of funds available and legal approval has been secured by the county attorney. In order to implement any such change order and extensions in the manner hereinabove set out, the county manager may further authorize payment and allocation of funds as necessary for the accomplishment thereof.

(6) To sell any personal property not exceeding ten thousand dollars ($10,000) in value at the time of sale for each item of personalty so offered for sale.

(7) To lease from private or other public entities, land and/or improvements up to one year and at a rental to be negotiated by the county manager.

(8) To authorize the clerk to the board to attest the county manager's signature on any instruments as herein authorized and to place Guilford County's seal thereon.

(9) To purchase any contract of insurance on behalf of the county when the county is purchasing insurance for whatever reason the county manager deems appropriate in protecting county interests provided the county commissioners shall have approved a sufficient appropriation in the annual budget.

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1982.