Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
April 25, 2001
S. Printed 4/25/01--S.
Read the first time April 5, 2001.
To whom was referred a Bill (S. 560) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting therein the following:
/ 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." /
Renumber sections to conform.
Amend title to conform.
LUKE RANKIN for Committee.
EXPLANATION OF IMPACT:
Passage of this bill will not have a fiscal impact on the General Fund of the State nor on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Enactment of this bill will have no fiscal impact on the municipalities.
Office of State Budget
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 37, Title 5 of the 1976 Code is amended by adding:
"Section 5-37-46. 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."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 2:27 P.M.