S 1020 General Bill, By J.V. Smith and Russell
 A Bill to amend Sections 4-3-280 and 4-3-480, as amended, Code of Laws of
 South Carolina, 1976, relating to boundaries of Greenville and Spartanburg
 Counties, so as to correct a clerical error in the description of the boundary
 line between the counties.

   01/12/94  Senate Introduced and read first time SJ-10
   01/12/94  Senate Referred to Committee on Judiciary SJ-10
   02/02/94  Senate Committee report: Favorable Judiciary SJ-14
   02/03/94  Senate Read second time SJ-14
   02/03/94  Senate Unanimous consent for third reading on next
                     legislative day SJ-14
   02/04/94  Senate Read third time and sent to House SJ-1
   02/08/94  House  Introduced and read first time HJ-13
   02/08/94  House  Referred to Committee on Judiciary HJ-13
   05/24/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-8
   06/02/94  House  Debate adjourned HJ-29

COMMITTEE REPORT

May 24, 1994

S. 1020

S. Printed 5/24/94--H.

Read the first time February 8, 1994.

To whom was referred a Bill (S. 1020), to amend Sections 4-3-280 and 4-3-480, as amended, Code of Laws of South Carolina, 1976, relating to boundaries of Greenville and Spartanburg counties, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:

/SECTION . Section 5-3-140 of the 1976 Code is amended to read:

"Section 5-3-140. If the territory proposed to be annexed belongs entirely to the Federal Government or to the State of South Carolina and is adjacent to a municipality, or is included within the territory proposed to be annexed, it may be annexed only upon the petition of the Federal Government or of the State to the city or town municipal council thereof. No territory belonging to the Federal Government or to the State may be annexed except pursuant to this section. As used in this section, a petition by the State shall mean means a petition executed by the State Budget and Control Board. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall is not be required."

SECTION . Section 5-3-150 of the 1976 Code is amended to read:

"Section 5-3-150. (1) Any area or property which is contiguous to a city or town 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, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-270 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such the ordinance. This method of annexation shall be is in addition to any other methods authorized by law; provided, that no such this property shall may not be annexed unless the following has been complied with: (1) The petition must be dated before the first signature is affixed thereto to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The petition and all signatures thereto to it shall be 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 shall must be attached to the petition a plat of the area to be annexed; and (5) Any municipality or any person resident therein of it and any person residing in the area to be annexed or owning real property therein of it is empowered and authorized to may institute and maintain a suit in the court of common pleas, or in a county court in those counties where the county courts have concurrent jurisdiction with the court of common pleas in such matters, and in such that suit such the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation; and (6) With respect to any territory belonging to the Federal Government or to the State of South Carolina, the requirements of Section 5-3-140 must have been met.

(2) The conditions relating to petitions set forth in this section shall apply only to the alternate method of annexation as defined in subsection (1) of this section.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a city or town may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by all persons owning real estate 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 shall be is complete and the election provided for in Sections 5-3-50 through 5-3-80 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such ordinance. This method of annexation shall be is in addition to any other methods authorized by law.

(4) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is the freeholder with respect to such property.

(5) For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist."/

Renumber sections to conform.

Amend title to conform.

JAMES H. HODGES, for Committee.

A BILL

TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 4-3-280 of the 1976 Code, as last amended by Act 7 of 1993, is further amended to read:

"Section 4-3-280. Greenville County is bounded as follows: on the north by the North Carolina line; on the east and southeast by Spartanburg and Laurens counties from which it is divided as follows: from Spartanburg County, by a line commencing on the North Carolina line at a stone marked `S.C. 1815' on one side and `N.C. Sept. 15' on the other side at N 1,225,788.54 and E 1,636,650.35 [North American Datum 1983-86 (NAD 83-86)]; thence following a straight line southsouthwestward to a point at N 1,193,615.00 and E 1,635,730.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,155,409.00 and E 1,634,410.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,133,159.00 and E 1,633,701.00 (NAD 83-86) at the north end of North Line Street at its approximate intersection with Arlington Avenue in the City of Greer; thence following a straight line southward approximately along the centerline of North Main Line Street to a point N 1,131,240.00 and E 1,633,595.00 (NAD 83-86) where North Main Line Street becomes South Main Line Street in the City of Greer; thence following a straight line southward approximately along the centerline of South Main Line Street to a point at N 1,128,573.00 and E 1,633,500.00 (NAD 83-86) where the centerline of South Main Line Street is approximately tangent to the centerline of New Woodruff Road in the city of Greer; thence following a straight line southsouthwestward to a point at N 1,102,217.00 and E 1,632,108.00 (NAD 83-86) which is a point where the old bridge crossed the Enoree River; thence down the Enoree River to a point about one and three-fourths miles below Anderson's Bridge (the corner of Greenville and Laurens counties); from Laurens County, by a line commencing at said point (opposite Zadock's Ford) and running S. 17 W. 11 miles and 60 chains to a point; thence S. 4 E. 3 miles and 45 chains to a water oak marked `L. G.' on Reedy River; thence running to the mouth of Line Creek where it enters the Saluda River; on the west by Anderson and Pickens counties from which it is separated by the Saluda River."

SECTION 2. Section 4-3-480 of the 1976 Code, as last amended by Act 7 of 1993, is further amended to read:

"Section 4-3-480. Spartanburg County is bounded as follows: on the north by the North Carolina line; on the west by Greenville County from which it is divided by a line commencing on the North Carolina line at a stone marked `S.C. 1815' on one side and `N.C. Sept.15' on the other side at N 1,225,788.54 and E 1,636,650.35 [North American Datum 1983-86 (NAD 83-86)]; thence following a straight line southsouthwestward to a point at N 1,193,615.00 and E 1,635,730.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,155,409.00 and E 1,634,410.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,133,159.00 and E 1,633,701.00 (NAD 83-86) at the north end of North Line Street at its approximate intersection with Arlington Avenue in the City of Greer; thence following a straight line southward approximately along the centerline of North Main Line Street to a point N 1,131,240.00 and E 1,633,595.00 (NAD 83-86) where North Main Line Street becomes South Main Line Street in the City of Greer; thence following a straight line southward approximately along the centerline of South Main Line Street to a point at N 1,128,573.00 and E 1,633,500.00 (NAD 83-86) where the centerline of South Main Line Street is approximately tangent to the centerline of New Woodruff Road in the City of Greer; thence following a straight line southsouthwestward to a point at N 1,102,217.00 and E 1,632,108.00 (NAD 83-86) which is a point where the old bridge crossed the Enoree River; thence down the Enoree River to a point about one and three-fourths miles below Anderson's Bridge (the corner of Greenville and Laurens counties); on the southwest by the Enoree River, down to a dead Spanish oak below Head's Ford, and a little above the mouth of a small creek which divides it from Laurens County; on the southeast by Union County, from which it is divided by the following lines: beginning at the dead Spanish oak on the north side of the Enoree River, and running N. 12°E.3 miles and 26 chains; thence N. 17°E.2 miles and 28 chains; thence N. 6.5°E.11 miles and 15 chains, crossing Tyger River to Fair Forest Creek; thence N. 33° 45 E.6 miles and 37 chains to Pacolet River, a little below Gist's Mill; thence along the western boundary of Cherokee County to the North Carolina state line."

SECTION 3. This act takes effect upon approval by the Governor.