No member of City Council or any officer or employee of the
City shall have a financial interest in any contract or in the sale
of the City or to a contractor supplying the City of any land rights
or interest in any land, material, supplies or services; except when
a majority of the City Council determines such exception in the best
interest of the City; provided that no Councilmember whose interest
is involved shall vote on the question. Any willful violation of this
section shall constitute a malfeasance in office, and any officer
or employee of the City found guilty thereof shall thereby forfeit
his office or position. Any violation of this section with the knowledge,
express or implied, of the person or corporation contracting with
the City shall render the contract voidable by the Mayor and Council.
The Purchasing Agent shall keep a record of all open market
orders and the bids submitted in competition thereon; such records
shall also be open to public inspection.
All officers, departments or agencies of the City government
shall submit to the Purchasing Agent, at such times and in such forms
as he shall prescribe, reports showing stocks of all supplies which
are no longer used or which have become obsolete, worn out or scrapped.
The Purchasing Agent shall have the authority to transfer surplus
stock to other offices, departments or agencies of the City government.
The affected departments will be credited and charged the fair market
value of such stocks transferred.
The Purchasing Agent shall have the authority to sell as supplies which have become unsuitable for public use, or to exchange the same for, or trade-in the same on, new supplies, Such sale shall be made to the highest bidder, and advertised in conformance with §
75-2B, Formal bid procedure. All monies received from such sale shall be paid in the general fund of the City. This is in accordance with S.C. Code Ann. § 5-7-40, Ownership and disposition of property by municipalities:
All municipalities of this State may own and possess property
within and without their corporate limits, real, personal or mixed,
without limitation, and may, by resolution of the council adopted
at a public meeting and upon such terms and conditions as such council
may deem advisable, sell, alien, convey, lease or otherwise dispose
of personal property and in the case of a sale, alienation, conveyance,
lease or other disposition of real or mixed property, such council
action must be effected by ordinance.
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The purchasing agent and every officer and employee of the City
are expressly prohibited from accepting, directing or indirectly,
from any person, company, firm or corporation to which any purchase
order or contract is or might be awarded, any rebate, gift, money
or anything of value whatsoever, except where given for the use and
benefit of the City.
Notwithstanding any other provisions of this chapter, the Purchasing
Agent may make or authorize others to make emergency procurements
when there exists a threat to public health, welfare or safety under
emergency conditions, provided that such emergency procurements shall
be made with such competition as is practicable under the circumstances.
If possible, the advice and consent of the department head and the
chairman of the concerned committee and/or the Mayor will be obtained,
and if necessary, the department head, any member of City Council
or the Mayor may authorize the needed action. All emergency procurements
made will be reported to Council by the Purchasing Agent at the next
regular Council meeting.