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SECTION 5-7-220. Appointment and Duties of Municipal Clerk. The

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SECTION 5-7-220. Appointment and Duties of Municipal Clerk. The SECTION 5-7-220. 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. 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) SECTION 5-7-260. 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. 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 5-7-250 and 270.) 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) 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 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) ORDINANCE NO.: 2012-007 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. 11-32 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 Lcf, Regulations, Article III, Business and Professional licenses, Sec. 11-32 Definitions, Gross income is amended to read as follows: < CC O Sec. 11-32. Definitions. 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: —.112011111k ?'7ttorney I ntroduced: 1/17/2012 Final Reading: 2/7/2012 Last revised 11231201:2 12010(127 (Source: City of Columbia) 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 §10.99 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: 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 5-7-10 (Supp. 2000), and S. C. Code Ann. Section 5-7-30 (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 6-1-710- through section 6-1-770(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 on- premises 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.
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