Current Status Introducing Body:House Bill Number:4753 Primary Sponsor:Kelley Committee Number:25 Type of Legislation:GB Subject:Redevelopment Authority created Residing Body:House Current Committee:Judiciary Computer Document Number:PT/1030DW.94 Introduced Date:19940216 Last History Body:House Last History Date:19940216 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Kelley Martin Worley Witherspoon Keegan Riser Snow Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4753 House 19940216 Introduced, read first time, 25
referred to Committee
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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:
"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.