Current Status Bill Number:4027 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:dka\3903dw.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Annexation provisions
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION WHERE PROPERTY MAY BE ANNEXED BY A PETITION SIGNED BY SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE OF THE PROPERTY, SO AS TO PROVIDE THAT NO PROPERTY MAY BE ANNEXED UNLESS THE ANNEXING MUNICIPALITY PUBLISHES A SERVICE PLAN AND REQUIRES A FISCAL IMPACT STATEMENT SHOWING THE FEES AND TAXES WHICH WOULD BE LEVIED ON ALL PROPERTY LOCATED IN THE AREA TO BE ANNEXED, AND TO PROVIDE AN ALTERNATE METHOD OF DEANNEXING PROPERTY ANNEXED USING THIS METHOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-150 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding:
"(6) No municipality may extend its municipal limits pursuant to the provisions of this section unless it publishes, in a newspaper of general circulation in the area to be annexed, a service plan and a fiscal impact statement. The plan shall state the services which will be provided to the residents of the area to be annexed by the municipality and time these services will be offered. The fiscal impact statement shall state the amount of fees or taxes, or both, on all property to be annexed by the municipality.
(7) A petition signed by seventy-five percent of the freeholders owning seventy-five percent of the assessed value of the property previously annexed may be submitted, within two years after the annexation, to the governing body of the county in which a majority of the annexing municipality is located to deannex the area previously annexed. If the county governing body finds that the annexing municipality has not provided the residents of the area described in the petition with the services stated in the notice required by item (6), the area described in the petition is deannexed upon the adoption of an ordinance by the governing body of the county."
SECTION 2. This act takes effect upon approval by the Governor.