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560Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010405Primary Sponsor: RankinAll Sponsors: Rankin, WilsonDrafted Document Number: l:\council\bills\swb\5312djc01.docCompanion Bill Number: 3996Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJDate of Last Amendment: 20010523Subject: Municipal improvement districts, area proposed for development within; Political Subdivisions, Zoning, AnnexationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010529 Introduced, read first time, 25 HJ referred to Committee Senate 20010529 Read third time, sent to House Senate 20010523 Read second time Senate 20010523 Committee amendment adopted ------ 20010426 Companion Bill No. 3996 Senate 20010426 Co-Sponsor added by Senator Wilson Senate 20010425 Committee report: Favorable with 11 SJ amendment Senate 20010405 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on May 23, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 23, 2001
S. Printed 5/23/01--S.
Read the first time April 5, 2001.
TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-37-45 of the 1976 Code is 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
is 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, appearing 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.
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