South Carolina Code of Laws
Current through the end of the 2014 Session
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Title 31 - Housing and Redevelopment
Housing Co-operation Law
SECTION 31-5-10. Short title.
This chapter may be referred to as the "Housing Cooperation Law."
HISTORY: 1962 Code Section 36-301; 1952 Code Section 36-301; 1942 Code Section 5271-71; 1939 (41) 320; 1945 (44) 156.
SECTION 31-5-20. Definitions.
The following terms, whenever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context:
(1) "Housing authority" shall mean any housing authority created pursuant to the Housing Authorities Law;
(2) "Housing project" shall mean any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the Federal Government;
(3) "State public body" shall mean any city, town, county, municipal corporation, commission, district, authority or other subdivision or public body of the State;
(4) "Governing body" shall mean the council, board or other body having charge of the fiscal affairs of the State public body;
(5) "Federal Government" shall include the United States, the United States housing authority and any other agency or instrumentality, corporate or otherwise, of the United States of America.
HISTORY: 1962 Code Section 36-302; 1952 Code Section 36-302; 1942 Code Section 5271-73; 1939 (41) 320; 1945 (44) 156.
SECTION 31-5-30. Kinds of assistance available from State public bodies in planning, undertaking, construction, or operation of housing projects.
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any State public body may upon such terms, with or without consideration, as it may determine:
(1) Dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or any other rights or privileges therein to a housing authority or the Federal Government;
(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing projects;
(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
(4) Plan or replan or zone or rezone any part of such State public body, make exceptions from building regulations and ordinances and, if the body be a city or town, change its map;
(5) Cause services to be furnished to the housing authority of the character which such State public body is otherwise empowered to furnish;
(6) Enter into agreements with respect to the exercise by such State public body of its powers relating to the repair, closing or demolition of unsafe, insanitary or unfit dwellings;
(7) Employ, notwithstanding the provisions of any other law, any funds belonging to or within the control of such State public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority and exercise all the rights of any holder of such bonds or other obligations;
(8) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;
(9) Incur the entire expense of any public improvements made by such State public body in exercising the powers granted in this chapter; and
(10) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority respecting action to be taken by such State public body pursuant to any of the powers granted by this chapter and if at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.
HISTORY: 1962 Code Section 36-303; 1952 Code Section 36-303; 1942 Code Section 5271-74; 1939 (41) 320; 1945 (44) 156; 1951 (47) 529.
SECTION 31-5-40. Conveyances authorized by Section 31-5-30; appraisals, public notices, etc.
Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement authorized by Section 31-5-30 may be made by a State public body without appraisal, public notice, advertisement or public bidding.
HISTORY: 1962 Code Section 36-304; 1952 Code Section 36-304; 1942 Code Section 5271-74; 1939 (41) 320; 1945 (44) 156.
SECTION 31-5-50. State public body precluded from requiring changes in housing projects acquired by housing authority from Federal Government.
With respect to any housing project which a housing authority has acquired or taken over from the Federal Government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no State public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
HISTORY: 1962 Code Section 36-305; 1952 Code Section 36-305; 1942 Code Section 5271-74; 1939 (41) 320; 1945 (44) 156.
SECTION 31-5-60. Municipal and county loans or donations to housing authorities.
Any city, town or county located in whole or in part within the area of operation of a housing authority may from time to time lend or donate money to such authority or agree to take such action. Such housing authority, when it has money available therefor, shall make reimbursements for all such loans made to it.
HISTORY: 1962 Code Section 36-306; 1952 Code Section 36-306; 1942 Code Section 5271-75; 1939 (41) 320; 1945 (44) 156.
SECTION 31-5-70. Procedure for authorizing State public body to exercise powers herein granted.
The exercise by a State public body of the powers herein granted may be authorized by resolution of the governing body of such State public body adopted by a majority of the members of its governing body present at a meeting of such governing body. Such a resolution may be adopted at the meeting at which it is introduced. It shall take effect immediately and need not be laid over or published or posted.
HISTORY: 1962 Code Section 36-307; 1952 Code Section 36-307; 1942 Code Section 5271-76; 1939 (41) 320; 1945 (44) 156.