SECTION Appointment and duties of municipal clerk.

Transcription

1 SECTION Appointment and duties of municipal clerk. The council under the council and mayor-council forms of government or city manager under the council-manager form shall appoint an officer of the municipality who shall have the title of municipal clerk. The municipal clerk shall give notice of council meetings to its members and the public, keep the minutes of its proceedings and perform such other duties as are assigned by council. HISTORY: 1962 Code Section 47-51; 1975 (59) 692; 1978 Act No. 435, Section 2.

2 Section 9. Attorney to attend; parliamentarian; duties. The City/Town attorney shall attend all meetings of council unless excused by council. The attorney shall act as parliamentarian, propose ordinances and resolutions, review all ordinances, resolutions and documents presented to council and give opinions on questions of procedure, form, and law to members of council. (Source: Sample Rules of Order, MASC)

3 SECTION Acts of municipal council which are required to be done by ordinance. In addition to other acts required by law to be done by ordinance, those acts of the municipal council shall be by ordinances which: (1) Adopt or amend an administrative code or establish, alter or abolish any municipal department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation in which a fine or other penalty is imposed for violations; (3) Adopt budgets, levy taxes, except as otherwise provided with respect to the property tax levied by adoption of a budget, pursuant to public notice; (4) Grant, renew or extend franchises; (5) Authorize the borrowing of money; (6) Sell or lease or contract to sell or lease any lands of the municipality; and (7) Amend or repeal any ordinance described in items (1) through (6) above. In matters other than those referred to in this section council may act either by ordinance or resolution.

4 Section 15. Enactment of ordinances. (a) An ordinance must be prepared in writing and introduced in the form required for final adoption as required by Section 13. (b) No ordinance may be adopted until it has been read two times and on separate days with at least six days between each reading. (c) An emergency ordinance may be adopted on one reading without notice or hearing by affirmative vote of two-thirds of members present. An emergency ordinance may not levy taxes or relate to a franchise or a service fee. An emergency ordinance expires automatically on the sixty-first day following enactment. (Sections (a), (b) and (c) are required by Code and 270.)

5 Optional TOL does a public hearing for ALL ordinances: (d) The introduction and reading of any ordinance shall be by the reading of the title only unless full reading is requested by a member of council. (e) After the introduction of an ordinance, a member of council may request a public hearing which may be held if approved by a majority of council present and set for a time prior to final adoption of the ordinance. A public hearing may be held on the same date as the final reading. (f) Any ordinance may be amended on final reading. (g) Upon final adoption by vote of council, an ordinance shall be signed by the mayor or presiding member of council and attested by the City/Town clerk, who shall file the original with the minutes in the permanent public records. (Source: Sample Rules of Order, MASC)

6 Section 13. Form of ordinances and resolutions. (a) Every proposed ordinance shall be introduced in writing in the form required for final adoption which shall include: 1. A title briefly describing the content; 2. Findings, reasons, or basis for the ordinance, if desired and appropriate; 3. An enacting clause; 4. The provisions of the ordinance including section numbers if the ordinance is to be codified or amends an existing codified ordinance; 5. Citation of any ordinance repealed; 6. The effective date of the ordinance; 7. The name of the person requesting introduction of the ordinance; 8. The approval of the City/Town attorney as to form and the assignment of an ordinance number; 9. Space for dates of readings and public hearing, if appropriate; and

7 10. Space for the signatures of the mayor or presiding member of council and the municipal clerk attesting notice, if required, and adoption. (Source: Sample Rules of Order, MASC)

8 ORDINANCE NO.: Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 71, Licenses, Permits and Miscellaneous Business Regulations, Article HI, Business and Professional Licenses, Sec Definitions, Cross income BE IT ORDAINED by the Mayor and Council this 71h day of February, 2012, that the 1998 Code of Ordinances of The City of Columbia, South Carolina, Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, Article III, Business and Professional licenses, Lcf, Sec Definitions, Gross income is amended to read as follows: < CC Sec Definitions. O LIJ The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in n this section, except where the context clearly indicates a different meaning: :E.,75 "Gross Income" means the total revenue of a business, received or accrued, for one calendar or fiscal year collected or to be collected by the business excepting income from business done wholly outside of the County on which a license tax is paid to some other City or a county and fully reported to the City or County. The term "gross receipts" means the value proceeding Or accruing from the sale of tangible personal property, including merchandise and commodities of any kind and character and all receipts, by the reason of any business, engaged in, including interest, dividends, discounts, rentals of real estate or royalties, without any deduction on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid, or any other expenses whatsoever and without any deductions on account of losses. Gross income for insurance companies means gross premiums collected. Gross income for business license tax purposes shall not include taxes collected for a governmental entity, escrow funds, or funds which are the property of a third party. The gross income for business license purposes may be verified by inspection of returns and reports filed with the Internal Revenue Smice, the South Carolina Department of Revenue, the South Carolina Insurance Commission, or other government agency. Requested by: Business license Administrator Approved Y: City Manager to form: k?'7ttorney I ntroduced: 1/17/2012 Final Reading: 2/7/2012 Last revised : (127 (Source: City of Columbia)

9 AN ORDINANCE OF THE TOWN OF LEXINGTON, SOUTH AROLINA, AUTHORIZING A PENALTY FOR THE INTENTIONAL MISREPRESENTATION OF MATERIAL FACTS ON TOWN APPLICATIONS BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEXINGTON, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED AND BY THE AUTHORITY THEREOF THAT: Section 1 Misrepresentation of Material Facts on Town Applications It shall be unlawful for any individual, either on his or her own behalf, or as an agent for any entity, to intentionally make a false statement or misrepresentation to the Town of Lexington on any application for Town services or permits. This shall include applications for utility service, rental of town facilities, business licenses, zoning and building permits or approvals, or any other license or permit requiring approval from the Town of Lexington or one of its officials. Violations of this ordinance shall result in the denial or revocation of such documents, as well as subjecting violators to the penalties described in Town of Lexington Code of Ordinances, which provides for a fine of not more than $500, nor more than thirty (30) days in jail. Section 2 The balance of the code of ordinances shall remain in full effect. Mayor Attest: Municipal Clerk First Reading Approval: Final Reading Approval: Public Hearing:

10 ORDINANCE NO. AN ORDINANCE OF THE TOWN OF LEXINGTON, SOUTH CAROLINA, AUTHORIZING A HOSPITALITY TAX 1-Authority 2-Hospitality tax 3-Payment of tax 4-Hospitality tax account 5-Authorization for use 6-Severability S7-Sunset Provision 8-Effective date BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEXINGTON, SOUTH CAROLINA, IN COUNCIL ASSEMBLED AND BY THE AUTHORITY THEREOF THAT: 1. Authority. This Ordinance is enacted pursuant to the authority of Title 5, Code of the State of South Carolina (1976), including, without limitation, S. C. Code Ann. Section (Supp. 2000), and S. C. Code Ann. Section (Supp. 2000), which provide in relevant part, that municipalities may adopt all ordinances which appear necessary and proper for the security, general welfare and convenience of the municipality and for the preservation of the general health, peace and order in the municipality and further that municipalities may establish uniform service charges. This Ordinance is further enacted pursuant to the authority of Title 6, Code of the State of South Carolina(1976), including without limitation, S.C. Code Ann. Section through section (supp 2000). 2. Hospitality tax. A uniform tax equal to two (2) percent is hereby imposed on the gross proceeds derived from the sale of all prepared meals and beverages served by any establishment licensed for onpremises consumption of alcoholic beverages, beer, or wine, and any restaurant, hotel, motel, or other food service facility within the Town of Lexington. In addition, the tax shall be imposed for all prepared meals and beverages prepared or modified by convenience stores or grocery stores within the Town of Lexington, South Carolina. In addition, the tax shall be imposed for all prepared meals and beverages prepared outside the Town Of Lexington, but delivered for consumption within The Town of Lexington. 3. Payment of tax. (a) Payment of the tax established herein shall be the liability of the consumer of the services for items described in 2. The tax shall be paid at the time of delivery of the services or items to which the tax applies and shall be collected by the provider or seller of the service, services or items. (b) The tax collected by the seller or provider of the services or items as required under 2 shall be remitted to the Town of Lexington by the twentieth day of the month for sales of the preceding month along with such return or form as may be established by the Town of Lexington for such purpose.

11 (c) (d) Taxes not remitted by the twentieth day of the month shall be subject to a ten-percent late fee. The ten-percent late fee shall be added for each month or portion thereof after the due date until paid. Failure to collect the tax imposed by this chapter does not relieve the provider from making the required remittance. If any hospitality tax shall remain unpaid for sixty (60) days after its due date, a Uniform Ordinance Summons shall be prepared and served for the collection of the hospitality tax, and the cost of one hundred dollars ($100.00) will be assessed and charged in addition to the hospitality tax and penalties. Failure to pay such amount as may be assessed by the municipal court shall be unlawful and shall subject the offender to the penalties set forth in of The Code Of Ordinances For The Town Of Lexington. Such punishment shall not relieve the offender of liability for delinquent fees, penalties and costs provided for herein. The tax imposed by this ordinance must be remitted to the Town of Lexington on a monthly basis when the estimated amount of average tax is more than fifty dollars a month, on a quarterly basis when the estimated amount of average tax is twenty-five dollars to fifty dollars a month, and on an annual basis when the estimated amount of average tax is less than twenty-five dollars a month. 4. Hospitality Tax Account. The revenue account, to be known as the Town of Lexington Hospitality Tax account, shall be established and all revenues received from the hospitality tax shall be deposited into this account. The principal and any accrued interest from this account shall be used solely for the purposes permitted by law. 5. Authorization for use. Authorization to utilize revenues from the hospitality tax account shall be the annual budget ordinance duly adopted by the town council of the Town of Lexington, South Carolina. 6. Severability. If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, phrase, sentence or portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining sections, phrases, sentences or portions thereof. Section 7. Sunset Provision. This ordinance shall continue in effect from and after the date of its enactment until a period of ten years thereafter at which time it shall lapse and be of no further force and effect. 8. Effective date. This chapter shall become effective upon signing by The Mayor after second reading hereof. Collection of the tax imposed herein shall begin on November 1, ATTEST: Daniel P. Breazeale, Sr., Mayor Julia A. Kight, Municipal Clerk First Reading Second Reading

12 NINTH SUPPLEMENTAL ORDINANCE A NINTH SUPPLEMENTAL ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF TOWN OF LEXINGTON, SOUTH CAROLINA, COMBINED WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $6,085,000 AND OTHER MATTERS RELATING THERETO, WHEREAS, the Town Council of the Town of Lexington, South Carolina (the "Council"), the governing body of the Town of Lexington, South Carolina (the "Issuer"), enacted an Amended and Restated General Bond Ordinance on 18 October 1993 (the "General Bond Ordinance") to provide for the financing and refinancing of improvements to the Issuer's combined waterworks and sewer system (the "System") by means of the issuance of revenue bonds payable from net earnings derived by the Issuer from the operation of the System; and WHEREAS, the Issuer has previously financed and refinanced certain improvements to the System by the issuance of its Combined Waterworks and Sewer System. Revenue Bonds, Series 2004 (the "Series 2004 Bonds"); and WHEREAS, the Council have now determined that a savings in debt service payable from revenues of the System can be achieved by the current refunding of the Series 2004 Bonds; and WHEREAS, the Council intend to issue a series of revenue refunding bonds in the aggregate principal amount of not exceeding $6,085,000 (the "Refunding Bonds") in order (i) to currently refund the Series 2004 Bonds; (ii) to pay the costs of issuance of the Refunding Bonds; and (iii) to satisfy the Debt Service Reserve Fund Requirement (as defined in the General Bond Ordinance) for the Refunding Bonds; and WHEREAS, the Refunding Bonds are to be issued as Bonds under the General Bond Ordinance and this Ninth Supplemental Ordinance; and WHEREAS, the Issuer intends that, and Bank of America, N.A., as provider (the "Provider") has agreed that, the Forward Delivery Agreement for the Debt Service Reserve Fund, dated as of October 1, 2004 (the "Forward Delivery Agreement"), among the Issuer, the Trustee, and the Provider, be applicable to the Refunding Bonds; NOW, THEREFORE, BE IT ORDERED AND ORDAINED by the Town Council of the Town of Lexington, South Carolina, in Council assembled, and by the authority thereof, as follow: / / V21

13 zas -5 AN ORDINANCE OF THE TOWN OF LEXINGTON AUTHORIZING THE SALE OF MUNICIPAL PROPERTY AT 101 WEST MAIN STREET BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEXINGTON, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED AND BY THE AUTHORITY THEREOF THAT: Section 1 Sale of Property The Town Council hereby authorizes the sale of the following real property: The property bearing a street address of 101 West Main Street, bearing TMS No , consisting of.197 acres, more or less, commonly referred to and known as the Shirey's Building. The sales price for the property shall be $150,000. Title shall be transferred to RDK Icehouse, LLC. Section 2 Signature Authority The Mayor is hereby authorized to sign all documents necessary to effect this transfer, including but not limited to the Contract of Sale, a HUD-1 Closing Statement, and any and all other documents necessary to close the transaction. Section 3 Remaining Ordinances Unaffected The balance of the Code of Ordinances shall remain in full force and effect. Attest: First Reading Approval: January 5, 2015 Final Reading Approval: February 2, 2015 Public Hearing: February 2, 2015

14 AN ORDINANCE OF THE TOWN OF LEXINGTON, SOUTH CAROLINA, AMENDING OF THE TOWN OF LEXINGTON CODE OF ORDINANCES ADDRESSING DENSITY ON ZERO LOT LINE, CONDOMINIUMS, TOWNHOUSES, AND RESIDENTIAL MULTIPLE DEVELOPMENTS BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEXINGTON, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED AND BY THE AUTHORITY THEREOF THAT: Section 1 Section of the Town of Lexington Code of Ordinances is hereby amended to reflect as follows: The Maximum number of units allowed on Zero Lot Line, Condominiums, Townhouses and Residential Multiple developments located on Local Roads shall be reduced from nine units per acre to eight units per acre. Section 2 The balance of the code of ordinances shall remain in full effect. Mayor Attest: Municipal Clerk First Reading Approval: Final Reading Approval: Public Hearing: