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Current Status Bill Number:View additional legislative information at the LPITS web site.3499 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990210 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:l:\council\bills\pt\1170dw99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Political Subdivisions, Municipal Corporations, Special purpose districts; Annexation by, additional requirements History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990210 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF ANNEXATION WHERE A PETITION IS SIGNED BY SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE OF PROPERTY REQUESTS ANNEXATION BY A MUNICIPALITY, SO AS TO ADD ADDITIONAL REQUIREMENTS BEFORE PROPERTY CAN BE ANNEXED; AND TO AMEND SECTION 5-3-310, RELATING TO THE ANNEXATION OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-3-150 APPLY TO THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-150(1) of the 1976 Code is amended to read:
"(1) Any area or property which is contiguous to a city or town municipality may be annexed to the city or town by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240 owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-270 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law; provided, that this property may not be annexed unless the following has been complied with: (1) The petition must be dated before the first signature is affixed to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The petition and all signatures to it are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) The petition shall state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) The petition shall contain a description of the area to be annexed and there must be attached to the petition a plat of the area to be annexed; (5) Any municipality or any resident of it and any person residing in the area to be annexed or owning real property of it may institute and maintain a suit in the court of common pleas, and in that suit the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation; and (6) Thirty days before the beginning of annexation activities or initiatives by a municipality, the annexing municipality must give written notification to all freeholders, residents, public service or special purpose districts, and all organizations which provide a public service including, but not limited to, fire departments, whether volunteer or full time. This notice must include a copy of the written petition statement, dates for the commencement and completion of the annexation activities, a map of the proposed annexation area, a complete legal description of the proposed annexation area, a statement as to what public services are to be assumed by the municipality, the financial impact on each annexed business and residence, and the financial impact on each public service organization that is presently providing services in the proposed annexation area. This impact statement shall also include the financial impact on the surrounding community."
SECTION 2. Section 5-3-150 of the 1976 Code, as last amended by Act 45 of 1995, is amended by adding:
"(6) All property annexed under the provision of this section must be annexed in complete parcels so that no parcel of property is partially annexed.
(7) Rivers may not be used to establish contiguity by municipalities annexing under the provisions of this section.
(8) In litigation involving this section, municipalities shall reimburse all attorney's fees of the opposing parties if the municipalities have performed an illegal or improper annexation.
(9) For purposes of bringing legal actions under the provisions of this section, 'legal standing' includes service organizations providing services in the proposed annexation area at the time the area is annexed."
SECTION 3. That portion of Section 5-3-310 of the 1976 Code, as added by Act 626 of 1988, which precedes item (1) is amended to read:
"When all or part of the area of a special purpose district as defined in Section 6-11-1610 or a special taxing district created pursuant to Section 4-9-30, or Section 4-19-10, et seq. or an assessment district created pursuant to Chapter 15 of Title 6, or any other special purpose district or special taxing or assessment district is annexed into a municipality under the provisions of Section Section 5-3-150 or 5-3-300, the following provisions apply:"
SECTION 4. This act takes effect upon approval by the Governor.
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