H 4753 Session 110 (1993-1994)
H 4753 General Bill, By Kelley, Keegan, L.M. Martin, Riser, J.J. Snow,
Witherspoon and H.G. Worley
Similar(S 1196)
A Bill to amend Title 31, Code of Laws of South Carolina, 1976, by adding
Chapter 12 so as to authorize the creation of a Redevelopment Authority to
acquire and dispose of federal military installations, and to provide for the
composition of the Authority, its powers, duties, and responsibilities.
02/16/94 House Introduced and read first time HJ-24
02/16/94 House Referred to Committee on Judiciary HJ-24
A BILL
TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE
CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE
AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND
TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS
POWERS, DUTIES, AND RESPONSIBILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 31 of the 1976 Code is amended by adding:
"CHAPTER 12
Redevelopment Authority to Acquire and
Dispose of Federal Military Installations
"Section 31-12-10. As a result of the closure and realignment
of military installations in the United States, federal property located in
the State has and will become available for the state's use. It is in the
best interests of the citizens of this State if the State, municipalities, and
counties work in concert and oversee and dispose of federal military
facilities and other excess federal property, in an orderly and
authoritative manner. It is the intent that a redevelopment authority may
be appointed to deal with individual military facilities in geographically
isolated areas that have been scheduled for closure by the United States
Congress and to consult with the federal government pursuant to federal
law relating to defense base closure and realignment. If any other
incidental excess federal property is included with a scheduled closing
that property may also be dealt with by the authority.
Section 31-12-20. (A) The Governor may create one or more
separate and distinct bodies corporate and politic to be known as a
redevelopment authority to oversee the disposition of real and personal
federal property that has been turned over to the State by the federal
government or has been designated as surplus property by the federal
government and is to be disposed of by the State. If an authority is
designated, it shall be the sole representative of the State for negotiations
with the appropriate federal authority for reuse and disposal of property.
(B) If the subject federal property to be disposed of is contained
within one county, the authority must include:
(1) two representatives of the State, recommended by the county's
legislative delegation and appointed by the Governor;
(2) three representatives of the county recommended by the
county governing body and appointed by the Governor;
(3) three representatives of each municipality in which the
municipality's boundaries contain all or a portion of the military facility,
recommended by the municipal governing body and appointed by the
Governor.
(C) If the property of a given military facility is contained within
more than one county the authority must include:
(1) two representatives of the State recommended by the county's
legislative delegation and appointed by the Governor;
(2) two representatives of each county upon the recommendation
of the county governing body and appointed by the Governor;
(3) two representatives of each municipality in which the
municipality's boundaries contain all or a portion of the military facility,
upon the recommendation of the municipal governing body and
appointed by the Governor.
Section 31-12-30. (A) The term of office for member appointed
pursuant to Section 31-12-20(B) is as follows. One of the state
representatives, one of the county representatives, and one of the
municipality representatives shall serve a four-year term as designated
by the respective delegation or governing body. The other members
shall serve an initial two-year term. After the initial terms all members
shall serve four-year terms. Each member shall hold office until his
successor is appointed and qualified.
(B) Vacancies for the unexpired terms of any member who resigns,
ceases to be qualified, or is removed must be promptly filled in the
manner of the original appointment. Any member who is guilty of
malfeasance, misfeasance, incompetency, absenteeism, conflicts of
interest, misconduct, persistent neglect of duty in office, or incapacity,
is subject to removal by the Governor upon any of the foregoing causes
being made to appear satisfactory to the Governor. A member shall
receive such compensation as the authority determines, limited to the
expenses incurred in the discharge of his duties.
Section 31-12-40. The Governor shall appoint a chairman of the
authority in addition to the other members. The authority shall select
from among themselves a vice chairman and such other officers as the
authority may determine. The authority may employ technical experts
and other agents and employees, on a temporary basis, as it may require
and may determine the qualifications and compensation of these persons.
A majority of the members then in office shall constitute a quorum for
its meeting. No member is liable personally for losses unless the losses
are occasioned by the wilful misconduct of the member. An authority
may delegate one or more of its members, agents, or employees any of
its powers that it considers necessary to carry out the purposes of the
authority subject always to the supervision and control of the whole
authority.
Section 31-12-50. (A) No member or employee of an authority
shall acquire any interest, direct or indirect, in any redevelopment
project or in any property included or planned to be included in any
redevelopment area, nor may the member or employee have any interest,
direct or indirect, in any contract or proposed contract for materials or
services to be furnished or used by the authority, or in any contract with
a developer or redeveloper relating, directly or indirectly, to any
redevelopment project.
(B) However, a member or employee may acquire residential
property in a redevelopment area from a person or entity other than the
authority after the redevelopment plan or plans for that area are adopted
if:
(1) the primary purpose of the acquisition is to occupy the
property as his principal residence;
(2) the redevelopment plan or plans do not provide for acquisition
of the property by the authority; and
(3) prior to acquiring title to the property, the member or
employee must disclose in writing to the authority his intent to acquire
the property and to occupy the property as his principal residence.
(C) No member may be an elected official nor may there be any dual
officeholding nor may a member run for public office while a member
of the authority.
Section 31-12-60. An authority shall constitute a public body,
corporate and politic, exercising public and essential governmental
powers, which powers shall include all powers necessary or appropriate
to carry out and effectuate the purposes and provisions of this chapter,
including the following powers:
(1) to cooperate with any government or municipality as defined
in this title;
(2) to act as agent of the State or federal government or any of its
instrumentalities or agencies for the public purposes set out in this title;
(3) to prepare or cause to be prepared and recommend
redevelopment plans and to undertake and carry out redevelopment
projects within its area of operation;
(4) to arrange or contract for the furnishing or repair by any
person or agency, public or private, of services, privileges, works,
streets, roads, public utilities, or other facilities for or in connection with
a redevelopment project;
(5) within its area of operation, to purchase, obtain options upon,
acquire by gift, grant, bequest, devise, or otherwise, any real or personal
property or any interest in it, together with any improvements on it,
necessary or incidental to a redevelopment project, to hold, improve,
clear, or prepare for redevelopment of the property, and sell, exchange,
transfer, assign, subdivide, retain for its own use, mortgage, pledge or
otherwise encumber or dispose of any real or personal property or any
interest in it, either as an entirety to a single redeveloper or in parts to
several redevelopers, to enter into contracts, either before or after the
real property that is the subject of the contract is acquired by the
authority, with redevelopers of property containing covenants,
restrictions, and conditions regarding the use of the property for
residential, commercial, industrial, or recreational purposes or for public
purposes in accordance with the redevelopment plan and such other
covenants, restrictions, and conditions as the commission may consider
necessary to effectuate the purposes of this chapter; and to provide
appropriate remedies for any breach of covenants or conditions,
including the right to terminate the contracts and any interest in the
property created pursuant thereto; to borrow money and issue bonds and
provide security for bonds; to insure or provide for the insurance of any
real or personal property or operations of the authority against any risks
or hazards, including the power to pay premiums on the insurance; and
to enter into any contracts necessary to effectuate the purposes of this
chapter;
(6) to invest any funds held in reserves or sinking funds or any
funds not required for immediate disbursements, in the investments as
may be lawful for guardians, executors, administrators or other
fiduciaries under the laws of this State; to redeem its bonds at the
redemption price established therein or to purchase its bonds at less than
redemption price, all bonds so redeemed or purchased to be canceled;
(7) to borrow money and to apply for and accept advances, loans
evidenced by bonds, grants, contributions, and any other form of
financial assistance from the federal government, the State, county,
municipality, or other public body or from any sources, public or private
for the purposes of this chapter, to give this security as may be required
and to enter into and carry out contracts in connection with it;
(8) within its area of operation, to make or have made all surveys,
studies, and plans necessary to the carrying out of the purposes of this
chapter and in connection with it to enter into or upon any land,
building, or improvement on it for the purposes and to make soundings,
test borings, surveys, appraisals, and other preliminary studies and
investigations necessary to carry out its powers and to contract or
cooperate with any and all persons or agencies, public or private, in the
making and carrying out the surveys, appraisals, studies, and plans. An
authority is specifically authorized to make:
(i) plans for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements; and
(ii) plans for the enforcement of laws, codes, and regulations
relating to the use of land, the use and occupancy of buildings and
improvements, and to the compulsory repair, rehabilitation, demolition,
or removal of buildings and improvements.
(9) to make expenditures as may be necessary to carry out the
purposes of this chapter; and to make expenditures from funds obtained
from the federal government;
(10) to sue and be sued;
(11) to adopt a seal;
(12) to have perpetual succession;
(13) to make and execute contracts and other instruments necessary
or convenient to the exercise of the powers of the authority; and any
contract or instrument when signed by the chairman or vice chairman
and secretary or assistant secretary of the authority must be held to have
been properly executed for and on its behalf;
(14) to make and from time to time amend and repeal bylaws,
rules, regulations, and resolutions;
(15) to perform redevelopment project undertakings and activities
in one or more contiguous or noncontiguous redevelopment areas that
are planned and carried out on the basis of annual tax increments in
accordance with the laws of this State.
(16) in carrying out a redevelopment project, the authority may:
(a) with or without consideration and at private sale convey to
the municipality in which the project is located the real property as, in
accordance with the redevelopment plan, is to be laid out into streets,
alleys, and public ways;
(b) with or without consideration, convey at private sale, grant,
or dedicate easements and rights-of-way for public utilities, sewers,
streets, and other similar facilities, in accordance with the redevelopment
plan;
(c) with or without consideration and at private sale convey to
the municipality, county or other appropriate public body the real
property as, in accordance with the redevelopment plan, is to be used for
parks, schools, public buildings, facilities, or other public purposes;
(17) the authority may temporarily rent or lease, operate, and
maintain real property in a redevelopment area, pending the disposition
of the property for redevelopment, for the uses and purposes as may be
considered desirable even though not in conformity with the
redevelopment plan.
(18) for the purpose of aiding and cooperating in the planning,
undertaking, or carrying out of a redevelopment project located within
the area in which it is authorized to act, any public body may, upon such
terms, with or without consideration, as it may determine:
(a) 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 commission;
(b) cause parks, playgrounds, recreational, community,
education, water, sewer, or drainage facilities, or any other works that
it is otherwise empowered to undertake, to be furnished in connection
with a redevelopment project;
(c) furnish, dedicate, close, vacate, pave, install, grade, regrade,
plan or replan streets, roads, sidewalks, ways, or other places that it is
otherwise empowered to undertake;
(d) plan or replan any part of the redevelopment;
(e) cause administrative and other services to be furnished to
the commission of the character which the public body is otherwise
empowered to undertake or furnish for the same or other purposes;
(f) do any and all things necessary or convenient to aid and
cooperate in the planning or carrying out of a redevelopment plan.
(19) any sale, conveyance, or agreement provided for in this
section may be made by a public body without public notice,
advertisement, or public bidding."
SECTION 2. This act takes effect upon approval by the Governor.
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