Chapter 4 
Manager
Article I - County Manager 
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 12-3-1990; 7-6-1993; 
8-20-1997; 2-18-1998]
§ 4-1. Adoption
The County Manager Plan is hereby adopted for Henderson County, North Carolina.
Article II - Powers and Duties 
§ 4-2.
Appointments
The Henderson County Manager shall have the power to appoint officers, employees and agents of Henderson
County without first securing the approval of the Henderson County Board of Commissioners, unless such
appointment is otherwise precluded by law.
Article III - Purchase of
Apparatus, Supplies and
Equipment
§ 4-3.
Authority to Purchase
The Henderson County Manager is hereby authorized to receive bids, to award contracts, to reject bids, to re
advertise to receive bids on behalf of the County, to waive bid bonds or deposits and to waive payment and
performance bonds for the purchase of apparatus, supplies, materials and equipment on behalf of the Henderson
County Board of Commissioners, subject to the terms and conditions as contained in this article.
§ 4-4.
Adherence to
Law Required
In exercising the authority granted by the terms of this article, the Henderson County Manager shall at all times
adhere to applicable state, federal and local laws concerning the purchase of apparatus, supplies, materials and
equipment.
§ 4-5.
Report Required
The Henderson County Manager shall be required to provide a report to the Henderson County Board of
Commissioners of each purchase made or contract awarded pursuant to the authority granted in this article where the
cumulative cost of the apparatus, supplies, materials and/or equipment acquired pursuant to a purchase or contract
exceeds $30,000, excluding associated maintenance, service and repair costs, and is less than $100,000. The content
of the report shall be sufficient to apprise the Board of Commissioners of the procedure followed, the price(s)
received, the justification for any prices(s) or bids which were rejected, and the amount of the contract entered or
purchase made.
§ 4-6.
Circumstances in Which Action Is Prohibited
The Henderson County Manager shall not be authorized to act pursuant to this article where the Henderson County
Budget Ordinance in effect would necessitate action by the Henderson County Board of Commissioners before an
award of a contract or approval of a purchase could be made.
Article IV-
Exercise of Powers With Regard To Sewer Extensions
§ 4-7.
Authorization to Exercise Powers
The Henderson County Manager is hereby authorized to exercise such powers and to take such action as the Board
of Commissioners is authorized to exercise and take under Henderson County Code, Chapter 94, Sewers, Article
  
VIII, Sewer Extensions subject to the terms and conditions as contained in this article, and except as provided
herein.
§ 4-8.
Reservation of Certain Powers
The Henderson County Board of Commissioners reserves unto itself the authority granted to the Board of
Commissioners under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions, and the
Henderson County Manager shall not be authorized to act pursuant to this article, in the following circumstances:
A. 
If Henderson County has received a request by a sewer customer for annexation into any existing   
sewer  district within Henderson County of any property, or portion of property, that may be  
affected by the sewer  extension application; or
B.
If Henderson County staff recommends that any property or portion of property which would be  
affected  by a sewer extension application be annexed into any sewer district within Henderson  
County; or
C.
If Henderson County has received actual notice of an intent to annex or a notice of public hearing  
has   been advertised pursuant to N.C.G.S. 160A-31, pertaining to the    annexation into an
incorporated municipality within Henderson County of any property, or portion   of property,
which would be affected by a sewer extension application; or
D.
If the sewer extension application is for sewer service in the Cane Creek Water and Sewer District
 
and the  requested allocation is more than 40,000 gallons per day; or 
E.
If the sewer extension application is for sewer service in the Mud Creek Water and Sewer District 
and the  requested allocation is more than 2,000 gallons per day; or 
F.
If Henderson County's remaining sewer treatment allocation is less than 500,000 gallons per day;   
or
G.
If the sewer extension application will require any funding from Henderson County that was not  
approved pursuant to the adoption of the then current Budget Ordinance.
§ 4-9.
Report Required
The Henderson County Manager or the Henderson County Utilities/Sewer Department shall provide to the Board of
Commissioners monthly reports reflecting any sewer allocations granted by the Henderson County Manager in the
exercise of his authority under this article and reflecting the total allocations granted as of the date of the report,
regardless of whether the allocations were granted by the County Manager or by the Board of Commissioners.
§ 4-10.Adherence to Law Required
In exercising the authority granted by the terms of this article, the Henderson County Manager shall, at all times,
adhere to applicable federal, state and local laws, rules, regulations and policies, including, but not limited to,
Henderson County Code Chapter 94, Sewers, concerning sewer extensions.
§ 4-11. Through 4-25. (Reserved)