Current Status Bill Number:936 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Ryberg All Sponsors:Ryberg, Wilson, Gregory Drafted Document Number:RES9790.WGR Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Municipal utilities, annexation of nonresidents, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19951010 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND SECTIONS 5-31-610 AND 6-21-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL UTILITIES, SO AS TO PROHIBIT A MUNICIPALITY FROM REQUIRING CUSTOMERS OR SERVICE AREAS OF EXISTING WATERWORKS OR SEWER FACILITIES TO ALLOW ANNEXATION OF THEIR PROPERTY UPON ACQUISITION OF THE WATERWORKS OR SEWER FACILITY BY THE MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-31-610 of the 1976 Code is amended to read:
"Section 5-31-610. Any city or town may:
(1) Construct construct, purchase, operate, and maintain waterworks and electric light works within or without, partially within and partially without, their corporate limits for the use and benefit of such city or town and the inhabitants thereof;
(2) Purchase purchase, own, operate, and maintain machinery, equipment, and apparatus for generating either electricity or gas for the use and benefit of such city or town and the inhabitants thereof;
(3) Acquire acquire existing waterworks by condemnation;
(4) Contract contract for the erection of plants for waterworks, sewerage, or lighting purposes, one or all, for the use of such cities and towns, and the inhabitants thereof; and
(5) Sell sell, convey, and dispose of any and all such properties, any such sale, conveyance, or disposal of an electric light plant or water system, however, to be made under the provisions of Article 13 of this chapter and not under the succeeding provisions of this article; and
(6) notwithstanding notwithstanding any other provision of law, when a city or town acquires an existing waterworks or sewer facility, the city or town may not require the existing customers of such facility or service area intended to be served by the facility to execute contracts prohibiting opposition to annexation of the customers property as a condition of continued receipt of water or sewer services."
SECTION 2. Section 6-21-50 of the 1976 Code is amended to read:
"Section 6-21-50. Any municipality of this State may purchase or construct a waterworks system, water supply system, sewer system, sanitary disposal equipment and appliances, garbage and trash disposal systems including plants for solid waste transfer, reduction and recyclement, light plant or system, natural gas system, ice plants, power plants and distribution systems, gas plants, incinerator plants, hospitals, nursing home and care facilities, piers, docks, terminals, airports, toll bridges, ferries, drainage systems, city halls, courthouses, armories, fire stations and fire fighting vehicles, auditoriums, hotels, municipal buildings, theatres, community auditoriums and hotels, city halls and hotels, public markets, public recreation parks, swimming pools, golf courses, stadiums, school auditoriums, gymnasiums or teacherages, cemeteries, parking buildings, parking lots, curb markets or other public buildings or structures and in furtherance thereof may purchase or construct any necessary part of any such system, either within or without the limits of such county or the corporate limits of such city or incorporated town. A county may under this chapter develop a courthouse and office building combined or a courthouse and jail combined. Curb markets may be purchased or constructed alone or as a single system together with parking lots for vehicles or together with buildings for storage or for rental either as space or as stores or offices, or together with both such parking lots and buildings.
Notwithstanding any other provision of law, when a city or town acquires an existing waterworks or sewer facility, the city or town may not require the customers of such facility or the service area intended to be served by the facility to execute contracts prohibiting opposition to annexation of the customers property as a condition of continued receipt of water or sewer services.
Provided, however, that notwithstanding any other provision of law, any bonds issued for financing a fire fighting vehicle pursuant to the provisions of this chapter shall be subject to a maximum maturity of not more than twenty-five years."
SECTION 3. This act takes effect upon approval by the Governor.