S 1195 Session 112 (1997-1998)
S 1195 General Bill, By Leatherman
Similar(H 5015)
A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO
CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY
FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT
BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE;
AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO
INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE
AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE, PROVIDE FOR
THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF
THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO
DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON
THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS
LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY;
PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE
FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE
INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY
DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE
INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES
DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES;
DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART
OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF
THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF
SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING
TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT
NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF
THE PROPERTY OF THE DISTRICT.
04/15/98 Senate Introduced and read first time SJ-7
04/15/98 Senate Referred to Committee on Transportation SJ-7
04/30/98 Senate Recalled from Committee on Transportation SJ-7
04/30/98 Senate Read second time SJ-7
04/30/98 Senate Unanimous consent for third reading on next
legislative day SJ-7
05/01/98 Senate Read third time and sent to House SJ-2
05/05/98 House Introduced and read first time HJ-10
05/05/98 House Referred to Committee on Education and Public
Works HJ-11
05/20/98 House Recalled from Committee on Education and Public
Works HJ-110
05/27/98 House Debate adjourned until Tuesday, June 2, 1998 HJ-47
06/02/98 House Debate adjourned until Monday, July 6, 1998 HJ-15
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 20, 1998
S. 1195
Introduced by Senator Leatherman
S. Printed 5/20/98--H.
Read the first time May 5, 1998.
A BILL
TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE
DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE
THE COMPOSITION OF THE GOVERNING BODY BY
REMOVING DARLINGTON COUNTY FROM MEMBERSHIP
ON THE GOVERNING BODY; REDUCE THE JURISDICTION
OF THE DISTRICT BY REMOVING DARLINGTON COUNTY;
LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE;
AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS
COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT
OF COMPENSATION OF MEMBERS OF THE AUTHORITY;
AUTHORIZE THE AUTHORITY TO LICENSE, LEASE,
SUBLEASE, RENT, SELL, OR OTHERWISE, PROVIDE FOR
THE USE OF REAL PROPERTY IN ADDITION TO OTHER
PROPERTY; DELETE THE POWER OF THE AUTHORITY TO
DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE
THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES
COMPOSING THE AUTHORITY TO LEVY A TAX ON THE
PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE
AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED
BY, OWNED BY, OR UNDER THE JURISDICTION OF THE
AUTHORITY; PROVIDE THAT ALL FINES AND
FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE
FORWARDED TO THE COUNTY WHERE THE FINAL
DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE
DISTRICT; DELETE PROVISIONS RELATING TO THE
AUTHORITY DEPOSITING OR EXPENDING MONIES,
ACCEPTING DONATIONS, ISSUING NEGOTIABLE
INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS;
CHANGE THE USES OF REVENUES DERIVED BY THE
AUTHORITY FROM THE OPERATION OF REVENUE
PRODUCING FACILITIES; DELETE PROVISIONS WHICH
PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL
OR PART OF THE LANDS OWNED BY, LEASED BY,
SUBLEASED BY, OR UNDER THE JURISDICTION OF THE
AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK
UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII
OF THE CONSTITUTION; DELETE THE PROVISION
RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR
BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS
ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF
FLORENCE OF THE PROPERTY OF THE DISTRICT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 9, Chapter 11, Title 55 of the 1976 Code is
amended to read:
"Article 9
Florence, Darlington, Marion,
and Dillon Counties
Section 55-11-610. The territory of the counties of Florence,
Darlington, Marion, and Dillon is constituted an airport
district and a political subdivision of this State, the functions of
which are public and governmental and the inhabitants of the territory
are constituted a body politic and corporate. The corporate name of
the airport district is the Pee Dee Regional Airport District, and by
that name the airport district may sue and be sued.
Section 55-11-620. The corporate powers and duties of the Pee
Dee Regional Airport District must be exercised and performed by an
authority to be known as the Pee Dee Regional Airport Authority
which consists of nine members. One member Two
members must be a resident residents of the City
of Florence appointed by the Governor upon recommendation of the
Florence City Council. Three members must be residents of the
County of Florence appointed by the Governor on the
recommendation of the Florence County Council. Two members
must be residents of each of the counties of Florence,
Darlington, Marion, and Dillon appointed by the
Governor on the recommendation of the respective county councils.
Terms of office are for four years, except that of those initially
appointed one member from each of the four three
counties must be appointed for two-year terms. No member shall
serve more than two four-year terms. All members shall serve
until their successors are appointed and qualify. Vacancies on the
authority must be filled in the manner of their original appointment
for the unexpired term. The authority shall elect its own officers with
terms and duties as determined by the authority. The members of the
authority must be compensated at the per diem rate of fifty
dollars a meeting, not to exceed twelve meetings a year until such
time as the amount is increased by the councils of the counties.
Section 55-11-630. (A) The authority shall perform the functions
of planning, establishing, developing, constructing, enlarging,
improving, maintaining, equipping, operating, regulating, protecting,
and policing such airports, air navigation, railroad, and other facilities
as are necessary to serve the people of the district and the public
generally. The authority may:
(1) have and enjoy perpetual succession;
(2) adopt, use, and alter a corporate seal;
(3) make bylaws for the management and regulation of its
affairs, and define a quorum for its meetings, and appoint such
subcommittees as it considers appropriate from within and without
the authority to advise the authority;
(4) plan, establish, develop, construct, enlarge, improve,
maintain, including the power to establish a reasonable reserve for
maintenance, equip, operate, regulate, protect, and police in
accordance with Section 55-9-230 its airports and air navigation
facilities under such reasonable regulations as the authority may
promulgate;
(5) construct, maintain, and extend runways, terminals,
maintenance shops, access roads, parking facilities, utilities systems,
concessions, accommodations, and other facilities of whatever nature
or kind for the comfort and accommodation of air travelers and air
freight; to purchase and sell supplies, goods, and commodities
as an incident to the operation of its airport facilities; and for all these
purposes, the authority may, by purchase, gift, devise, lease, eminent
domain proceedings, or otherwise, acquire, hold, develop, and use,
as well as lease, mortgage, sell, transfer, and dispose of any property,
real or personal, or any interest in it, including easements in or over
land needed to prevent airport hazards, or land outside the boundaries
of its airports and air navigation facilities necessary to permit the
removal, elimination, obstruction-marking, or obstruction-lighting of
airport hazards, or to prevent the establishment of airport hazards.
However, the authority may not dispose of any interest in real
property without first notifying the chairman of each of the governing
bodies of Florence, Darlington, Marion, and Dillon counties
and conducting a public hearing, which hearing must be
advertised not less than seven days prior to before
the hearing in a newspaper or newspapers of general circulation in the
district. For the purpose of this article, utilities systems means only
facilities for the connection with and the provision of water or sewer
services by the water and sewer systems of the City of Florence, its
successors, and assigns;
(6) license, lease, sublease, rent, sell, or otherwise provide for
the use of any real or personal property of its airport
facilities or of facilities auxiliary to it, including the privilege of
supplying goods, commodities, things, services, or facilities at the
airport by itself or by any qualified persons or corporations, on terms
and conditions as its discretion may dictate. The public may not be
deprived of its rightful, equal, and uniform use of its airports and air
navigation facilities;
(7)(a) promulgate regulations pursuant to and in accordance
with Section 55-9-240 and Federal Aviation Regulations, Part 77;
(b) apply to any court of general jurisdiction within the
district for the enforcement of the regulation through the means of
mandatory injunctions and other remedial proceedings, and these
courts are specifically empowered to render mandatory injunctions
and other remedial orders as it appears to them to be just and
reasonable;
(8) exercise the power of eminent domain for any corporate
function through procedure prescribed in Chapter 2 of Title 28;
(9) appoint officers, agents, employees, and servants and
prescribe the duties of them, including the right to appoint persons
charged with the duty of enforcing the regulations promulgated
pursuant to the provisions of this article, fix their compensation, and
determine if, and to what extent, they must be bonded for the faithful
performance of their duties;
(10) employ or contract for services of a technical or professional
nature as may be necessary or desirable to the performance of the
duties of the authority;
(11) contract for the construction, erection, maintenance, and
repair of the facilities in its charge, through any procedure prescribed
by law;
(12) acquire, construct, maintain, equip, and operate connecting,
switching, terminal, or other railroads. The term 'railroad' includes,
but is not limited to, tracks, spurs, switches, terminal, terminal
facilities, road beds, rights-of-way, bridges, stations, railroad cars,
locomotives, or other vehicles constructed for operation over railroad
tracks, crossing signs, lights, signals, storage, administration, and
repair buildings, and all structures and equipment which are
necessary for the operation of a railroad; and
(13) develop, with the approval of the governing bodies of
each of Florence, Darlington, Marion, and Dillon counties and in
accordance with Section 55-11-720, not less than all of the lands
leased by, subleased by, owned by, or under the jurisdiction of the
authority other than lands used or held for use as a part of the airport
facilities as an industrial or business park under the provisions of
Section 13 of Article VIII of the Constitution of this State;
(14) direct the auditors of each of Florence,
Darlington, Marion, and Dillon counties to levy a tax on all
properties within the district, to be collected by the treasurers of
Florence, Darlington, Marion, and Dillon counties, in an amount
approved in each fiscal year by ordinance of the county councils of
each of those counties all of the lands leased by, subleased
by, owned by, or under the jurisdiction of the authority.
Section 55-11-635. (A) For the fiscal year beginning July 1,
1998, the governing bodies of Florence, Marion, and Dillon counties
shall fund for the authority and its purposes an amount equal to one
dollar per capita for each person in that county. Thereafter the
amount shall equal sixty cents per capita.
(B) Beginning with the fiscal year beginning July 1, 1999, the
appropriation set forth above may be increased by request of the
authority upon approval by ordinance of the county councils of the
three counties.
Section 55-11-640. (A) The authority is authorized to adopt and
promulgate regulations governing the use of roads, streets, and
parking facilities upon the lands leased by, subleased by, owned by,
or under the jurisdiction of the authority. All state laws are declared
to be applicable to the roads, streets, and parking facilities under the
control of the authority.
(B) The authority may employ police officers to be commissioned
by the Governor who shall enforce all laws and regulations
authorized under the provisions of this article and, in addition, shall
have authority to issue summonses for violations of them in the
manner provided for South Carolina State Highway Patrolmen.
(C) Persons violating any of the applicable laws within a
magistrate's jurisdiction or any of the regulations of the authority
must be tried by magistrates having jurisdiction of the area in which
the violation occurred.
(D) Any person violating the provisions of any of the regulations
of the authority is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned for
not more than thirty days.
(E) All fines and forfeitures collected under the provisions of this
article must be forwarded to the authority to be credited to the general
operating fund of the district. All court costs collected with the
fines and forfeitures collected under the provisions of this article
must be remitted to the general fund of the county where the final
disposition of the case is made county where the final
deposition of the case is made.
Section 55-11-650. (A) For the purpose of this
article, the authority may:
(1) deposit monies derived from the sale of
bonds authorized to be issued under the provisions of this article or
from revenue-producing facilities in any bank or trust company
having an office within the district, and to withdraw them for the
purpose of operating, maintaining, constructing, improving, and
extending any facility in its charge.
(2) apply for, accept, receive, receipt for,
disburse, and expend federal, state, county, or municipal monies and
other monies, public or private, made available by grant or loan, or
both, to accomplish, in whole or in part, any of the purposes of this
article, and, to this end, to continue to prosecute any application
previously filed with the Federal Aviation Agency, or any other
federal agency, by the Florence City-County Airport Commission,
and to pay from the funds of the district any costs incurred for any
services rendered since the date the application was filed, in
connection with the procuring or processing of the application which
is found by the authority to legitimately inure to the benefit of the
district. All federal monies accepted under this section must be
accepted and expended by the authority upon those terms and
conditions prescribed by the United States, and consistent with state
law. All other monies accepted under this section must be accepted
and expended by the authority upon the terms and conditions
prescribed by the State or other sources.
(3) accept donations of all sorts, including a
deed of conveyance by any landowners of the landowner's right, title,
and interest in and to lands within the district, and to accept
relinquishments of any leasehold interest or estate now possessed by
the City or County of Florence on or in lands or property on airport
property.
(B) The district may issue negotiable bonds, notes,
and other evidences of indebtedness payable solely from the gross
revenues or net revenues derived from the operation of any
revenue-producing facility, or facilities, in its charge. The sums
borrowed may be those needed to pay the costs of any extension,
addition, or improvement to its airport facility. The proceeds of the
bonds may, in addition, be used to refund any bonds issued under the
provisions of this article, to pay interest during the estimated
construction period of the project being financed, to fund any
necessary reserves for the bonds, to purchase any necessary credit
enhancement for the bonds, and to pay costs of issuance of the bonds.
If the method of financing authorized by this subsection is used,
neither the faith and credit of the State of South Carolina, nor of any
county lying within the district, nor of the district itself, may be
pledged to the payment of the principal and interest of the
obligations, and there must be on the face of the obligation a
statement, plainly worded, to that effect. Neither the members of the
authority nor any person signing the obligations are personally liable
on them. In order that a convenient procedure for borrowing money
pursuant to this subsection may be prescribed, the authority may use
the provisions of Chapter 21, Title 6, and Chapter 17, Title 6. In
exercising the powers conferred upon the district by those code
provisions, the authority may make all pledges and covenants
authorized by the provisions of them, and may confer upon the
holders of its securities all rights and liens authorized by these code
provisions. Specifically, and notwithstanding contrary provisions in
those code provisions, the district may:
(1) provide that the bonds, notes, or other
evidences of indebtedness are payable, both as to principal and
interest, from the gross revenues or net revenues derived from the
operation of any revenue-producing facility or facilities, as the gross
revenues or net revenues may be defined by the authority, and to
impose a lien upon the facilities the revenues of which are pledged to
the payment of the bonds enforceable to the same extent and in the
same manner as the statutory lien described in Sections 6-21-330
through 6-21-360;
(2) provide that the bonds must be issued as
serial or term bonds, maturing in equal or unequal amounts, at such
times and on occasions as the authority determines. They must bear
such rates of interest, payable on such occasion, as the authority
prescribes, and the bonds are in such denominations, are payable in
such medium of payment, and at such place as the authority
prescribes. All bonds may be issued with a provision permitting their
redemption prior to their respective maturities. Bonds made subject
to redemption before their stated maturities may contain a provision
requiring the payment of a premium for the privilege of exercising
the right of redemption, in such amount or amounts as the authority
prescribes. All bonds that are subject to redemption must contain a
statement to that effect on the face of each bond. The resolution
authorizing their issuance must contain provisions specifying the
manner of call and the notice of call that must be given.
Notwithstanding anything in this chapter to the contrary, the
authority may issue bonds which, in lieu of paying current interest
periodically, pay an accreted value at maturity;
(3) authorize the officer or officers of the
authority to execute the bonds, by manual or facsimile signature, as
the authority considers necessary; bonds may be in the form of
registered bonds or may be issued in coupon form, payable to bearer,
or, in the discretion of the authority, may be issued as fully registered
uncertificated book-entry securities;
(4) covenant and agree that upon its being
adjudged in default as to the payment of any installment of principal
and interest upon any obligation issued by it or in default as to the
performance of any covenant or undertaking made by it, that in that
event the principal of all obligations of the issue may be declared
immediately due and payable, notwithstanding that any of them may
not have then matured, and that any court having jurisdiction in any
proper action may appoint a receiver to administer and operate the
facilities whose revenues must be pledged for the payment of the
bonds, with power to fix rates and charges for the facilities, sufficient
to provide for the payment of the expense of operating and
maintaining such facilities, and to apply the income and revenues of
the facilities to the payment of the bonds, and the interest on them;
(5) confer upon a corporate trustee the power to
make disposition of the proceeds from all borrowings and also all
revenue-producing facilities whose revenues are pledged for the
payment of the obligations, in accordance with and in the order of
priority prescribed by resolutions adopted by the authority as an
incident to the issuance of any notes, bonds, or other evidences of
indebtedness;
(6) dispose of its obligations at public or private
sale and upon such terms and conditions as it approves;
(7) covenant and agree that a reserve fund must
be established to further secure the payment of principal and interest
of any obligation;
(8) covenant and agree that it will not enter into
any agreements with any person, firm, corporation, or with the
government of this State, the United States, or any of the political
subdivisions of the same, for the furnishing of free services where the
services are ordinarily charged for;
(9) prescribe the procedure, if any, by which the
terms of the contract with the holders of its obligations may be
amended, the number of obligations whose holders must consent to
it, and the manner in which the consent must be given;
(10) prescribe the evidence of default and
conditions upon which all or any obligation becomes or may be
declared due before maturity and the terms and conditions upon
which the declaration and its consequences may be waived;
(11) covenant to establish and maintain such
system of rules as will insure the continuous use and occupancy of
the facilities whose revenues are pledged to secure any bonds;
(12) covenant that an adequate schedule of
charges will be established and maintained for the facilities
designated by the authority, whose revenues must be pledged to
secure any bonds, to the extent necessary to produce sufficient
revenues to:
(a) pay the cost of operating and maintaining
the facilities, whose revenues or net revenues must be pledged for the
payment of the bonds, including the cost of fire, extended coverage,
and use and occupancy insurance;
(b) pay the principal and interest of the bonds
as they respectively become due;
(c) create and at all times maintain an
adequate debt service reserve fund to meet the payment of the
principal and interest; and
(d) create and at all times maintain an
adequate reserve for contingencies and for major repairs and
replacements.
(C) The authority, on behalf of the district, may
issue general obligation bonds of the district, whose proceeds must
be used to defray the cost of constructing and establishing an airport
facility within the district. In order that a convenient procedure for
borrowing money pursuant to this subsection may be prescribed, the
authority may use the provisions of Sections 6-11-810 through
6-11-1040. For the purpose of this section, the term 'construct and
establish' means the cost of direct construction, the cost of all land,
property, rights, easements, and franchises acquired (in addition to
property conveyed to the district by the City or County of Florence)
which are considered necessary for the construction and use of
runways, terminal buildings, maintenance shops, freight depots,
service establishments, and any and all facilities incident, or in any
way appurtenant, to an airport facility, and all machinery and
equipment needed for it, payments to contractors, laborers, or others
for work done or material furnished, financing charged, interest
incurred in connection with it, interest on the bonds authorized by
this article, cost of engineering services, architectural services, legal
services, legal and engineering expenses, plans, specifications,
surveys, projections, drawings, brochures, administrative expenses,
and such other expenses as may be necessary or incident to the
construction of any airport facility within the district, incurred for the
purposes for which the district is created.
(D) The district shall do all other acts and things
necessary or convenient to carry out any function or power
committed or granted to the district.
(E) All bonds issued pursuant to this article and all
interest to become due on them have the tax-exempt status prescribed
by Section 12-1-60.
(F) It is lawful for all executors, administrators,
guardians, and fiduciaries, all sinking fund commissions, the State
Budget and Control Board, as trustee of the South Carolina
Retirement System, and all other governmental entities within the
State, to invest any monies in their hands in the bonds issued
pursuant to this chapter.
Section 55-11-660. All revenues derived by the authority from
the operation of any revenue-producing facility, including
revenues, other than payments in lieu of taxes, derived from the
operations of, or leasing of property in, any industrial or business
park or facilities of them created pursuant to Section
55-11-630(A)(13), which may not be required to operate,
maintain, enlarge, and improve its airport facilities, or to create any
necessary reserves for them, or to pay obligations incurred in the
issuance of any revenue bonds sold pursuant to the authorizations
in this article or necessary to fund any obligations established by the
authority pursuant to resolution or resolutions adopted by it in
connection with the issuance of the bonds may, in the discretion of
the authority, either (1) be utilized in accordance with the
provisions of Section 6-11-990 create surplus revenues to be
used for future capital projects of the authority; or (2)
be disbursed to the treasurers of Florence, Darlington, Marion,
and Dillon counties on a pro-rata basis in proportion to the last
completed assessed values of each of the counties as certified by the
auditors of the respective counties used to reduce the
outstanding bonded indebtedness of the authority; or (3) otherwise be
used for purposes permitted by FAA policy and applicable
procedures, as they now exist or may hereafter be adopted.
Section 55-11-670. The rates charged for services furnished by
any revenue-producing facility of the district as constructed,
improved, enlarged, or extended is not subject to supervision or
regulation of any state bureau, commission, board, or other
instrumentality or agency of it.
Section 55-11-680. Property and income of the district is exempt
from all taxes levied by the State, county, or any municipality,
division, subdivision, or agency of them, directly or indirectly.
However, nothing in this article prohibits the authority from
constituting all or a part of the lands owned by, leased by, subleased
by, or under the jurisdiction of the authority as an industrial or
business park under the provisions of Section 13 of Article VIII of
the Constitution of this State.
Section 55-11-690. For the period the district is indebted to a
person on any bonds, notes, or other obligations issued pursuant to
the provisions of this article, the powers granted to the district and the
authority may not be diminished. The provisions of this article are
considered a part of the contract between the district and the holders
of the obligations.
Section 55-11-700. The provisions of this article do not prohibit
the operation of any public or private airport located within the
district by any other public agency or governmental authority, or by
any private agency or person.
Section 55-11-710. Neither the City of Florence nor the counties
of Florence, Darlington, Marion, or Dillon are liable in
damages for any neglect or mismanagement in the operation and
maintenance or otherwise of the airport.
Section 55-11-720. Nothing in this article may be construed to
affect the rights and duties of electric utilities and electrical suppliers
under the provisions of Chapter 27 of Title 58.
Section 55-11-730. (A)(1) Before the establishment of
an industrial or business park pursuant to Section 55-11-630(A)(13),
the governing body of each of Florence, Darlington, Marion, and
Dillon counties shall approve and execute a written agreement among
each of the four counties providing for:
(a) the segregation of the payments in lieu of
taxes to be received from such industrial or business park in the
hands of the Florence County Treasurer;
(b) the definition and method of calculating
shared expenses pursuant to Article X, Section 13(D) of the
Constitution of this State;
(c) the payment of all of the expenses, or so
much of them as may be paid, from the segregated fund described in
subitem (a) of this section;
(d) the disbursal of excess payments in lieu
of taxes, or the contributions of shared expenses exceeding the
payments, to or from each of the four counties in specific
proportions. 'Specific proportions' means either predetermined
numerical percentages or readily determinable percentages based on
each county's proportionate share at the time of a determination of
total district population based on the most recent decennial census of
the United States, total district assessed value based on the most
recently completed fiscal year for which final assessed values are
available, or other similar measure; and
(e) the procedure for determining the
distribution to be made of any excess revenues or taxes received from
the joint industrial or business park among the taxing districts within
each county.
(2) The written agreement may be amended at
any time by unanimous consent of the governing bodies of the four
counties.
(B) For purposes of bonded indebtedness and for
purposes of computing the index of taxpaying ability pursuant to any
provision of law which measures the relative fiscal capacity of a
school district to support its schools based on the assessed valuation
of taxable property in the district as compared to the assessed
valuation of the taxable property in all school districts of this State,
the allocation of assessed value must be made in accordance with
Section 4-1-170. Nothing in this article shall prohibit
annexation by the City of Florence of the property of the
district."
SECTION 2. This act takes effect upon approval by the Governor.
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