S*1222 Session 107 (1987-1988)
S*1222(Rat #0569, Act #0505 of 1988) General Bill, By W.W. Doar, Bryan,
T.E. Garrison and J.M. Waddell
Similar(H 4043)
A Bill to amend Section 5-37-20, Code of Laws of South Carolina, 1976,
relating to definitions used in the Municipal Improvement Act of 1973, so as
to redefine "assessment", "improvements", "improvement district", and
"improvement plan"; Section 5-37-40, as amended, relating to the establishment
of improvement districts, so as to delete the requirement that the municipal
governing body obtain written consent from a majority of property owners in
the proposed district before creating the district, describe certain property
as exempt from ad valorem taxation as provided by law instead of exempt under
the provisions of the Internal Revenue Code for purposes of determining the
number of owners of real property which must sign a petition to require a
municipal governing body to establish a district, and authorize a municipal
governing body to create an improvement district by ordinance after making a
finding of certain considerations; and to amend the 1976 Code by adding
Section 5-37-45 so as to authorize an area to be included in an improvement
district created after the improvements are begun pursuant to a
preconstruction agreement.
02/24/88 Senate Introduced and read first time SJ-6
02/24/88 Senate Referred to Committee on Judiciary SJ-6
03/24/88 Senate Committee report: Favorable with amendment
Judiciary SJ-15
03/30/88 Senate Read second time SJ-36
03/30/88 Senate Ordered to third reading with notice of
amendments SJ-36
04/05/88 Senate Read third time and sent to House SJ-31
04/06/88 House Introduced and read first time HJ-2503
04/06/88 House Referred to Committee on Judiciary HJ-2504
04/20/88 House Committee report: Favorable Judiciary HJ-3059
04/27/88 House Amended HJ-3335
04/27/88 House Read second time HJ-3335
04/28/88 House Read third time HJ-3414
04/28/88 House Returned HJ-3414
04/28/88 Senate Concurred in House amendment and enrolled SJ-5
05/03/88 Ratified R 569
05/09/88 Signed By Governor
05/09/88 Effective date 05/09/88
05/09/88 Act No. 505
05/23/88 Copies available
(A505, R569, S1222)
AN ACT TO AMEND SECTION 5-37-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE
"ASSESSMENT", "IMPROVEMENTS", "IMPROVEMENT
DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-40, AS AMENDED,
RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS, SO AS TO DELETE THE
REQUIREMENT THAT THE MUNICIPAL GOVERNING BODY OBTAIN WRITTEN CONSENT FROM A
MAJORITY OF PROPERTY OWNERS IN THE PROPOSED DISTRICT BEFORE CREATING THE
DISTRICT, DESCRIBE CERTAIN PROPERTY AS EXEMPT FROM AD VALOREM TAXATION AS
PROVIDED BY LAW INSTEAD OF EXEMPT UNDER THE PROVISIONS OF THE INTERNAL REVENUE
CODE FOR PURPOSES OF DETERMINING THE NUMBER OF OWNERS OF REAL PROPERTY WHICH MUST
SIGN A PETITION TO REQUIRE A MUNICIPAL GOVERNING BODY TO ESTABLISH A DISTRICT,
AND AUTHORIZE A MUNICIPAL GOVERNING BODY TO CREATE AN IMPROVEMENT DISTRICT BY
ORDINANCE AFTER MAKING A FINDING OF CERTAIN CONSIDERATIONS; AND TO AMEND THE 1976
CODE BY ADDING SECTION 5-37-45 SO AS TO AUTHORIZE AN AREA TO BE INCLUDED IN AN
IMPROVEMENT DISTRICT CREATED AFTER THE IMPROVEMENTS ARE BEGUN PURSUANT TO A
PRECONSTRUCTION AGREEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Items (1), (2), (3), and (4) of Section 5-37-20 of the 1976 Code are
amended to read:
"(1) 'Assessment' means a charge against the real property of an owner
within an improvement district created pursuant to this chapter which is based
either on assessed value, front footage, area, the value of improvements to be
constructed within the district, or any combination of them, as the basis is
determined by the governing body of the municipality.
(2) 'Improvements' include open or covered malls, parkways, parks and
playgrounds, pedestrian facilities, parking facilities, parking garages and
underground parking facilities, and facade redevelopment, the relocation,
construction, widening, and paving of streets, roads, and bridges, including
demolition of them, underground utilities, all activities authorized by Chapter
1 of Title 31 (State Housing Law), and all things incidental to the improvements,
including planning, engineering, administration, managing, promotion, marketing,
and acquisition of necessary easements and land, and may include facilities for
lease or use by a private person, firm, or corporation.
(3) 'Improvement district' means any area within the municipality designated
by the governing body pursuant to the provisions of this chapter and within which
an improvement plan is to be accomplished. No special improvement district may
include the grounds of the State House in the City of Columbia.
(4) 'Improvement plan' means an overall plan by which the governing body
proposes to effect improvements within an improvement district to preserve
property values, prevent deterioration of urban areas, and preserve the tax base
of the municipality, and includes an overall plan by which the governing body
proposes to effect improvements within an improvement district in order to
encourage and promote private or public development within the improvement
district."
Findings must be made
SECTION 2. Section 5-37-40 of the 1976 Code, as last amended by Act 160 of
1987, is further amended to read:
"Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement
district;
(2) the improvements would preserve or increase property values within the
district;
(3) in the absence of the improvements, property values within the area
would be likely to depreciate, or that the proposed improvements would be likely
to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or
likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the
improvements by an assessment upon the real property within the district, the
governing body may establish the area as an improvement district and implement
and finance, in whole or in part, an improvement plan in the district in
accordance with the provisions of this chapter.
(B) If an improvement district is located in a redevelopment project area
created under Title 31, Chapter 6, the improvement district being created under
the provisions of this chapter must be considered to satisfy items (1) through
(5) of subsection (A). The ordinance creating an improvement district may be
adopted by a majority of council after a public hearing at which the plan is
presented, including the proposed basis and amount of assessment, or upon written
petition signed by a majority in number of the owners of real property within the
district which is not exempt from ad valorem taxation as provided by law."
Inclusion of area
SECTION 3. The 1976 Code is amended by adding:
"Section 5-37-45. The governing body may include within an improvement
district an area within the municipality in which the proposed improvements have
been constructed or are under construction at the time of the establishment of
the improvement district. Before the commencement of the construction of these
improvements, a written agreement with the owner of the area to be improved is
entered into by the municipality authorizing the construction of the improvements
in anticipation of the inclusion of the area which is improved in the improvement
district upon such terms and conditions as the governing body agrees, including
the reimbursement, as a cost of constructing improvements under this chapter, of
any monies expended for the construction before and subsequent to the
establishment of the improvement district. Any agreement providing for the
construction of the improvements before the establishment of the improvement
district must be authorized by an ordinance of the governing body, notice of
which must be given by publication in a newspaper of general circulation within
the municipality, appearing at least seven days before the final adoption of the
ordinance. Any agreements entered into in accordance with the foregoing
conditions before the effective date of this section are ratified and confirmed
and the area improved declared eligible for inclusion in the improvement district
as proposed in the agreement."
Time Effective
SECTION 4. This act takes effect upon approval by the Governor. |