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3996Ratification Number: 142Act Number: 93Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010424Primary Sponsor: EdgeAll Sponsors: Edge, Harrison and JenningsDrafted Document Number: l:\council\bills\swb\5353djc01.docCompanion Bill Number: 560Date Bill Passed both Bodies: 20010601Date of Last Amendment: 20010529Governor's Action: SDate of Governor's Action: 20010830Subject: Municipal improvement districts, area proposed for development within; Political Subdivisions, Zoning, AnnexationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010905 Act No. A93 ------ 20010830 Signed by Governor ------ 20010607 Ratified R142 Senate 20010601 Read third time, enrolled for ratification Senate 20010531 Read second time Senate 20010530 Unanimous consent for second and third reading on the next two consecutive Legislative days Senate 20010530 Introduced, read first time, placed on Calendar without reference House 20010530 Read third time, sent to Senate House 20010529 Amended, read second time ------ 20010529 Scrivener's error corrected House 20010524 Committee report: Favorable with 25 HJ amendment ------ 20010426 Companion Bill No. 560 House 20010424 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 24, 2001 - Word format Revised on May 29, 2001 - Word format Revised on May 29, 2001-A - Word format Revised on May 30, 2001 - Word format
(A93, R142, H3996)
AN ACT TO AMEND SECTION 5-37-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THE SECTION DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Certain provisions of section not applicable to areas subject to a certain development agreement pursuant to the South Carolina Local Government Development Agreement Act
SECTION 1. Section 5-37-45 of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:
"Section 5-37-45. (A)(1) The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district.
(2) Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved must be entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.
(B) The provisions of item (2) of subsection (A) do not apply to any area proposed for inclusion within an improvement district which, within three years prior to the date of the adoption of the resolution required by Section 5-37-50, is subject to a development agreement pursuant to the South Carolina Local Government Development Agreement Act."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2001.
Approved the 30th day of August, 2001.
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