H*3996(Rat #0142, Act #0093 of 2001)  General Bill, By Edge, Harrison and 
Jennings

Similar(S 560)
 A BILL TO AMEND SECTION 5-37-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO MUNICIPAL IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN
 PROVISIONS OF THE SECTION DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION
 WITHIN AN IMPROVEMENT DISTRICT WHICH WITHIN THREE YEARS PRIOR TO THE DATE OF
 THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A
 DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT
 DEVELOPMENT AGREEMENT ACT.-AMENDED TITLE

   04/24/01  House  Introduced and read first time HJ-10
   04/24/01  House  Referred to Committee on Judiciary HJ-10
   05/24/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   05/29/01  House  Amended HJ-77
   05/29/01  House  Read second time HJ-78
   05/30/01  House  Read third time and sent to Senate HJ-19
   05/30/01  Senate Introduced, read first time, placed on calendar
                     without reference SJ-3
   05/30/01  Senate Unanimous consent for second reading on next
                     legislative day SJ-4
   05/30/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-4
   05/31/01  Senate Read second time SJ-19
   06/01/01  Senate Read third time and enrolled SJ-1
   06/07/01         Ratified R 142
   08/30/01         Signed By Governor
   08/30/01         Effective date 08/30/01
   09/17/01         Copies available
   09/17/01         Act No. 93

AN ACT TO AMEND SECTION 5-37-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THE SECTION DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.

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

Certain provisions of section not applicable to areas subject to a certain development agreement pursuant to the South Carolina Local Government Development Agreement Act

SECTION 1. Section 5-37-45 of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"Section 5-37-45. (A)(1) 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.

(2) Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved must be 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, 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.

(B) The provisions of item (2) of subsection (A) do not apply to any area proposed for inclusion within an improvement district which, within three years prior to the date of the adoption of the resolution required by Section 5-37-50, is subject to a development agreement pursuant to the South Carolina Local Government Development Agreement Act."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2001.

Approved the 30th day of August, 2001.