reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-70. Admission of new members to agency; withdrawal; notice of membership change.

After the creation of a joint agency, any other governing body may become a member upon:
(a) Adoption of a resolution or ordinance complying with the requirements of Section 6-16-40 including publication of notice;
(b) Submission of an application to the joint agency;
(c) Approval of such application by resolution of the governing body of each member of such joint agency.
Any member may withdraw from a joint agency by resolution or ordinance of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member shall remain in full force and effect.
Notice of any change in membership shall be filed in the office of the Secretary of State and no change shall be final until such filing.
HISTORY: 1980 Act No. 491, Section 8.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-80. Dissolution of agency.

Whenever the board of directors of a joint agency and the governing body of each of its members shall by resolution or ordinance determine that the purposes for which the joint agency was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the joint agency have been fully paid or satisfied, such board of directors and members may declare the joint agency to be dissolved. On the effective date of such resolution or ordinance the title to all funds and other property owned by the joint agency at the time of such dissolution shall be disbursed to the members of the joint agency according to its bylaws.
HISTORY: 1980 Act No. 491, Section 9.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-90. Executive committee.

The board of directors of a joint agency may create an executive committee, the composition of which shall be set forth in the bylaws of the joint agency. The composition of the executive committee shall afford a fair representation of the members. The executive committee may exercise such powers during intervals between the board's meetings as provided by the board. The terms of office of the members of the executive committee and the method of filling vacancies shall be fixed by the bylaws of the joint agency.
HISTORY: 1980 Act No. 491, Section 10.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-110. Agency may incur debt and issue bonds.

A joint agency may incur debt for any of its purposes and may issue bonds pledging to the payment as to both principal and interest the revenues, or any portion, derived or to be derived from all or any of its projects and any additions and betterments or extensions or contributions or advances from its members.
HISTORY: 1980 Act No. 491, Section 12.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-120. Approval of governing bodies required for projects financed by bonds.

No joint agency may undertake a project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member contracting with the joint agency for services relating to the project.
HISTORY: 1980 Act No. 491, Section 13; 1996 Act No. 313, Section 2.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-130. Status of joint agency personnel; participation in South Carolina Retirement System.

Personnel employed or appointed by a member to work for a joint agency shall have the same authority, rights, privileges and immunities (including coverage under the workmen's compensation laws) which the officers, agents and employees of the appointing member enjoy within the territory of that member whether within or without the territory of the appointing member when they are acting within the scope of their authority or in the course of their employment.
Personnel employed or appointed directly by a joint agency shall be qualified for participation in the South Carolina Retirement System, with the same rights, privileges, obligations and responsibilities as they would have if they were employees of a municipality, if they are residents of this State.
HISTORY: 1980 Act No. 491, Section 14.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-140. Annual report.

Each joint agency shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding year to each member. Each report shall set forth a complete operating and financial statement covering the operations of the joint agency during the year. The joint agency shall cause an audit of its books of record and accounts to be made at least once in each year by a certified public accountant and the cost may be treated as a part of the cost of construction of a project or otherwise as part of the expense of administration of a project covered by such audit.
HISTORY: 1980 Act No. 491, Section 15.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-150. Board may enter contracts and accept grants and loans.

The board of directors of a joint agency may make application and enter into contracts for and accept grants in aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expanding, maintaining and operating any project or facility or participating in any research or development program or performing any function which any of the members of the joint agency may be authorized by general or local law to provide or perform.
In order to exercise the authority granted by this section, the board of directors of a joint agency may:
(a) Enter into and carry out contracts with the state or federal government or any agency or institution under which such government, agency or institution grants financial or other assistance to the member or joint agency;
(b) Accept such assistance or funds as may be granted or loaned by the state or federal government with or without such a contract;
(c) Agree to and comply with any reasonable conditions which are imposed upon such grants or loans;
(d) Make expenditures from any funds so granted.
HISTORY: 1980 Act No. 491, Section 16.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-160. Eminent domain.

Any joint agency shall possess the power of eminent domain within the jurisdictional limits of any of its members in accordance with Section 5-7-50 and Chapter 2 of Title 28 of the 1976 Code in order to effectuate the purposes of this chapter and shall exercise such power in accordance with Chapter 2 of Title 28 of the 1976 Code.
HISTORY: 1980 Act No. 491, Section 17.
Code Commissioner's Note
This section, as enacted by 1980 Act No. 491, contained references to Chapter 9 of Title 28. Chapter 9 of Title 28 was repealed in 1987. At the direction of the Code Commissioner, the references to Chapter 9 have been replaced with references to Chapter 2 of Title 28.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-170. Enumerated powers deemed supplemental to existing laws.

The foregoing sections shall be deemed to provide an additional method for doing the things authorized and shall be deemed and construed to be supplemental to powers conferred by existing laws and shall not be regarded in derogation of any powers now existing. If any provisions of this chapter are inconsistent with the provisions of other general, special or local laws, the provisions of this chapter shall be controlling.
HISTORY: 1980 Act No. 491, Section 18.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 16 - Solid Waste Disposal Resource Recovery Facilities Act › Section 6-16-190. Waiver of immunity from suit.

The General Assembly waives and withdraws from the joint agencies authorized by this chapter their immunity from suit of every kind and description whether the suit is in tort, contract or otherwise when the suits arise out of or are in any way connected with the development, ownership, operation, maintenance or otherwise of a project or the doing, or failure to do, of anything authorized by this chapter.
HISTORY: 1980 Act No. 491, Section 20.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-10. Short title.

This chapter may be cited as "The Revenue Bond Refinancing Act of 1937."
HISTORY: 1962 Code Section 59-651; 1952 Code Section 59-651; 1942 Code Section 9286; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-30. Borrowing or issuing refunding bonds and additional bonds for refinancing or improving enterprise.

Any municipality may refinance or refinance and improve any enterprise and for such purpose may borrow money and issue refunding bonds from time to time. Any municipality, which shall have outstanding bonds issued pursuant to this chapter, and which shall have, in the resolution authorizing such bonds, reserved the right to issue additional bonds, payable in whole or in part from the revenues of the enterprise, may issue such additional bonds pursuant to and in accordance with the provisions of this chapter, notwithstanding that the proceeds of such additional bonds be used solely for the improvement of the enterprise.
HISTORY: 1962 Code Section 59-653; 1952 Code Section 59-653; 1942 Code Section 9288; 1937 (40) 313; 1953 (48) 71.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-40. Combination of projects.

For the purpose of this chapter a governing body may by resolution combine two or more projects, works, undertakings or systems into a combined system or enterprise. A governing body may also combine into one system or enterprise any existing project, work, undertaking or system with any proposed project, work, undertaking or system which such governing body shall have deemed to be related and the initial construction of the proposed project, work, undertaking or system shall, for all purposes of this chapter, be considered an improvement, extension or betterment of the existing enterprise. Governing bodies are specifically empowered to combine into one enterprise an existing waterworks system with a proposed sewer system and, for the purpose of this chapter, the initial construction of the sewer system shall be deemed an improvement, extension or betterment of the existing waterworks system.
HISTORY: 1962 Code Section 59-654; 1952 Code Section 59-654; 1942 Code Section 9287; 1937 (40) 313; 1940 (41) 1682.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-50. Refunding shall be authorized by resolution.

The refunding shall be authorized by resolution of the governing body of the municipality. Such resolution may be adopted at a regular or special meeting and at the same meeting at which it is introduced by a majority of all the members of the governing body then in office. Such resolution shall take effect immediately upon the adoption thereof. No other proceedings or procedure of any character whatever shall be required for the issuance of refunding bonds by the municipality.
HISTORY: 1962 Code Section 59-655; 1952 Code Section 59-655; 1942 Code Section 9289; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-60. Terms and form of refunding bonds.

The refunding bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding the period of usefulness of the enterprise, as determined by the governing body in its discretion, nor in any event exceeding forty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by resolution or resolutions of the governing body of the municipality. Notwithstanding the form or tenor thereof, and in the absence of an express recital on the face thereof that the bond is nonnegotiable, all refunding bonds shall at all times be, and shall be treated as, negotiable instruments for all purposes.
HISTORY: 1962 Code Section 59-656; 1952 Code Section 59-656; 1942 Code Section 9290; 1937 (40) 313; 1952 (47) 1715.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-80. Exemption from certain taxes.

The refunding bonds and the income therefrom shall be exempt from taxation, except inheritance, estate and transfer taxes.
HISTORY: 1962 Code Section 59-658; 1952 Code Section 59-658; 1942 Code Section 9295; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-90. Lien of bonds on revenues and other security.

The refunding bonds shall be special obligations of the municipality and shall be payable from and secured by a lien upon the revenues of the enterprise as shall be more fully described in the resolution of the governing body authorizing the issuance of the refunding bonds, having due regard to the cost of operation and maintenance of the enterprise and the amount or proportion, if any, of the revenues of the enterprise previously pledged. Any municipality may by resolution of its governing body pledge for the security of the refunding bonds a fixed amount without regard to any fixed proportion of the gross revenues of the enterprise.
HISTORY: 1962 Code Section 59-659; 1952 Code Section 59-659; 1942 Code Section 9293; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-95. Municipalities providing hospital, nursing home, or care facilities; mortgages.

Under the revenue bond refinancing act, in the case of a municipality providing hospital, nursing home, or care facilities, the municipality may utilize the provisions of Section 44-7-60 to secure payment on any indebtedness purchased by any federal agency or any indebtedness guaranteed by any federal agency.
HISTORY: 2010 Act No. 199, Section 2, eff upon approval (became law without the Governor's signature on June 1, 2010).
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-100. Holders of refunding bonds may be given rights and remedies of owners.

As additional security for any issue of refunding bonds hereunder, or any part thereof, any municipality may by resolution of its governing body confer upon the holders of the refunding bonds all rights, powers and remedies which the holders would be entitled to if they were the owners and had possession of the notes, bonds or other obligations for the refinancing of which such refunding bonds shall have been issued, including, but not limited to, the preservation of the lien of such notes, bonds or other obligations without extinguishment, impairment or diminution thereof. In the event any municipality exercises the power conferred by this section (a) each refunding bond shall contain a recital to the effect that the holder thereof has been granted the additional security provided by this section and (b) each note, bond, certificate or other obligation of the municipality to be refinanced by any such refunding bonds shall be kept intact and shall not be cancelled or destroyed until the refunding bonds, and interest thereon, have been finally paid and discharged but shall be stamped with a legend to the effect that such note, bond, certificate or other obligation has been refunded pursuant to The Revenue Bond Refinancing Act of 1937.
HISTORY: 1962 Code Section 59-660; 1952 Code Section 59-660; 1942 Code Section 9293; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-110. All refunding bonds shall be ratably secured.

All refunding bonds of the same issue shall be equally and ratably secured, without priority by reason of number or date of bonds, of sale, of execution or of delivery, by a lien upon the revenues of the enterprise in accordance with the provisions of Section 6-17-90 and the resolution authorizing the issuance of such refunding bonds.
HISTORY: 1962 Code Section 59-661; 1952 Code Section 59-661; 1942 Code Section 9293; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-120. Liability of funds other than pledged revenue of municipality on refunding bonds.

No recourse shall be had for the payment of the refunding bonds, or interest thereon, or any part thereof, against the general fund of any municipality, nor shall the credit or taxing power of any municipality be deemed to be pledged thereto.
The refunding bonds, and interest thereon, shall not be a debt of the municipality, nor a charge, lien or encumbrance, legal or equitable, upon any property of the municipality or upon any income, receipts or revenues of the municipality other than such of the revenues of the enterprise as shall have been pledged to the payment thereof, and every refunding bond shall recite in substance that such bond, including interest thereon, is payable solely from the revenues pledged to the payment thereof and that the municipality is under no obligation to pay the same, except from such revenues.
HISTORY: 1962 Code Section 59-662; 1952 Code Section 59-662; 1942 Code Section 9294; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-130. Execution by former officers shall be valid.

Refunding bonds bearing the signatures of officers of the municipality in office on the date of the signing thereof shall be valid and binding obligations of the municipality for all purposes, notwithstanding that before the delivery thereof any or all of the persons whose signatures appear thereon shall have ceased to be officers of the municipality, the same as if such persons had continued to be officers of the municipality until after the delivery thereof.
HISTORY: 1962 Code Section 59-663; 1952 Code Section 59-663; 1942 Code Section 9291; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-140. Effect on validity of bonds of proceedings or contracts for improving enterprise; effect of recital in resolution.

The validity of the authorization and issuance of the refunding bonds shall not be dependent on or affected in any way by proceedings taken for the improving of any enterprise for the refinancing and improving of which the refunding bonds are to be issued or by contracts made in connection with the improving of any such enterprise. Any resolution authorizing refunding bonds may provide that any such refunding bond may contain a recital that such refunding bond is issued pursuant to this chapter and any refunding bond containing such recital under authority of any such resolution shall be conclusively deemed to be valid and to have been issued in conformity with the provisions of this chapter.
HISTORY: 1962 Code Section 59-664; 1952 Code Section 59-664; 1942 Code Section 9291; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-150. Sale or exchange of bonds.

The refunding bonds may be sold or exchanged in installments at different times or an entire issue or series may be sold or exchanged at one time. Any issue or series of refunding bonds may be exchanged in part or sold in part in installments at different times or at one time. The refunding bonds may be sold or exchanged at any time on, before or after the maturity of any of the outstanding notes, bonds, certificates or other obligations to be refinanced thereby.
HISTORY: 1962 Code Section 59-665; 1952 Code Section 59-665; 1942 Code Section 9292; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-160. Purposes for which refunding bonds may be exchanged; payment of accrued interest.

If the governing body determines to exchange any refunding bonds, such refunding bonds may be exchanged privately for and in payment and discharge of any of the outstanding notes, bonds or other obligations of the municipality issued to finance or to aid in financing the acquisition, construction, improving, refinancing or improving and refinancing of an enterprise. The refunding bonds may be exchanged for a like or greater principal amount of such notes, bonds or other obligations of the municipality and the principal amount of the refunding bonds may exceed the principal amount of such outstanding notes, bonds or other obligations to the extent necessary or advisable, in the discretion of the governing body, to fund interest in arrears or about to become due. The holder or holders of such outstanding notes, bonds or other obligations need not pay accrued interest on the refunding bonds to be delivered in exchange therefor if and to the extent that interest is due or accrued and unpaid on such outstanding notes, bonds or other obligations to be surrendered.
HISTORY: 1962 Code Section 59-666; 1952 Code Section 59-666; 1942 Code Section 9292; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-170. Manner in which refunding bonds shall be sold.

If the governing body determines to sell any refunding bonds, such refunding bonds shall be sold at public or private sale in such manner and upon such terms as the governing body shall deem best for the interest for the municipality; provided, that the interest cost to result from any such sale shall not exceed the limitation upon the rate of interest to be paid by discount or otherwise provided by Section 11-9-350.
HISTORY: 1962 Code Section 59-667; 1952 Code Section 59-667; 1942 Code Section 9292; 1937 (40) 313; 1974 (58) 2031.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-190. Fiscal agent.

Any municipality may, in connection with the issuance of refunding bonds, appoint a fiscal agent, provide for the powers, duties and functions and compensations of such fiscal agent, limit the liabilities of such fiscal agent and prescribe a method for the resignation, removal, merger or consolidation of such fiscal agent and the appointment of a successor fiscal agent and the transfer of rights and properties to such successor fiscal agent.
HISTORY: 1962 Code Section 59-669; 1952 Code Section 59-669; 1942 Code Section 9296; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-200. Appointment of receiver of enterprise.

If the municipality shall default in the payment of the principal or interest on any of the refunding bonds after such principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or if the municipality, the governing body or the officers, agents or employees thereof shall fail or refuse to comply with the essential provisions of this chapter or shall default in any material respect in any agreement made with the holders of the refunding bonds, any holder of refunding bonds, or trustee therefor, may apply in an appropriate judicial proceeding to a State court exercising equitable jurisdiction or any court of competent jurisdiction for the appointment of a receiver of the enterprise, whether or not all refunding bonds have been declared due and payable and whether or not such holder or trustee therefor is seeking or has sought to enforce any other right or exercise any remedy in connection with such refunding bonds. Upon such application, if it deem such action necessary for the protection of the refunding bondholders, such a State court exercising equitable jurisdiction may and, if the application is made by the holder of twenty-five per cent in principal amount of such refunding bonds then outstanding or any trustee for holders of such refunding bonds in such principal amount, shall appoint a receiver of the enterprise.
HISTORY: 1962 Code Section 59-670; 1952 Code Section 59-670; 1942 Code Section 9299; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-210. Powers and duties of receiver.

The receiver so appointed shall forthwith, directly or by his agents and attorneys (a) enter into and upon and take possession of the enterprise and each and every part thereof and if the court so directs may exclude the municipality, its governing body, officers, agents and employees and all persons claiming under them wholly therefrom, (b) have, hold, use, operate, manage and control the enterprise and each and every part thereof and in the name of the municipality or otherwise, as the receiver may deem best and (c) exercise all the rights and powers of the municipality with respect to the enterprise as the municipality itself might do. Such receiver shall also (a) maintain, restore, insure and keep insured the enterprise and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, (b) establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with the enterprise as such receiver may deem necessary or proper and reasonable and (c) collect and receive all revenues, deposit them in a separate account and apply such revenues so collected and received in such manner as the court shall direct.
HISTORY: 1962 Code Section 59-671; 1952 Code Section 59-671; 1942 Code Section 9299; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-220. Receiver shall be subject to court orders.

Such receiver shall in the performance of the powers herein conferred upon him act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Except as provided in Section 6-17-230 nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
HISTORY: 1962 Code Section 59-672; 1952 Code Section 59-672; 1942 Code Section 9299; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-230. Receiver shall not sell or otherwise dispose of property.

Notwithstanding anything in this chapter to the contrary, the receiver shall have no power to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the municipality and useful for the enterprise, but the authority of any such receiver shall be limited to the operation and maintenance of the enterprise, and no court shall have jurisdiction to enter any order or decree requiring or permitting the receiver to sell, assign, mortgage or otherwise dispose of any such assets.
HISTORY: 1962 Code Section 59-673; 1952 Code Section 59-673; 1942 Code Section 9299; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-240. Discharge of receiver.

Whenever all that is due upon the refunding bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien or encumbrance on the revenues of the enterprise and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein and all defaults shall have been cured and made good and it shall appear to the court that no default is imminent, the court shall direct the receiver to surrender possession of the enterprise to the municipality, the same right of the holders of the refunding bonds to secure the appointment of a receiver to exist upon any subsequent default as herein provided.
HISTORY: 1962 Code Section 59-674; 1952 Code Section 59-674; 1942 Code Section 9299; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-250. Rights and remedies of holders of bonds.

Subject to any contractual limitations binding upon the holders of any issue of refunding bonds, or trustee therefor, including, but not limited to, the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of refunding bonds, or trustee therefor, may for the equal benefit and protection of all holders of refunding bonds similarly situated:
(1) By mandamus or other suit, action or proceeding at law or in equity enforce his rights against the municipality, its governing body and any of its officers, agents and employees and require and compel such municipality, governing body or officer, agent or employee to perform and carry out its or his duties and obligations under this chapter and its or his covenants and agreements with the bondholders;
(2) By action or suit in equity require the municipality and the governing body thereof to account as if they were the trustee of an express trust;
(3) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; or
(4) Bring suit upon the refunding bonds.
HISTORY: 1962 Code Section 59-675; 1952 Code Section 59-675; 1942 Code Section 9300; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-260. Remedies shall be cumulative.

No remedy conferred by this chapter upon any holder of refunding bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. Every substantive right and every remedy conferred upon the holders of refunding bonds may be enforced and exercised from time to time and as often as may be deemed expedient.
HISTORY: 1962 Code Section 59-676; 1952 Code Section 59-676; 1942 Code Section 9300; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-270. Effect of waiver or delay in invoking remedy.

No waiver of any default or breach of duty or contract, whether by any holder of refunding bonds, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein.
HISTORY: 1962 Code Section 59-677; 1952 Code Section 59-677; 1942 Code Section 9300; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-280. Effect of abandonment or loss of suit.

In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the refunding bonds, or any trustee therefor, the municipality and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action or proceeding had been brought or taken.
HISTORY: 1962 Code Section 59-678; 1952 Code Section 59-678; 1942 Code Section 9300; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-290. Compliance with chapter shall be sufficient for issuance of bonds.

This chapter constitutes full and complete authority for the issuance of refunding bonds. No procedure or proceedings, publications, notices, consents, approvals, orders, acts or things by any governing body of any municipality or any board, officer, commission, department, agency or instrumentality of the State or any municipality shall be required to issue any refunding bonds or to do any act or perform anything under this chapter, except as may be prescribed in this chapter.
HISTORY: 1962 Code Section 59-679; 1952 Code Section 59-679; 1942 Code Section 9301; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-300. Debts of municipality are not authorized.

Nothing in this chapter shall be deemed in any way to authorize any municipality to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation or restriction of the Constitution relating to the creation or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
HISTORY: 1962 Code Section 59-680; 1952 Code Section 59-680; 1942 Code Section 9293; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-310. Existing rights shall not be impaired by chapter.

Nothing in this chapter shall be deemed in any way (a) to alter the terms of any agreements made with the holders of any outstanding notes, bonds or other obligations of the municipality, (b) to authorize the municipality to alter the terms of any such agreements or (c) to impair or to authorize the municipality to impair the rights and remedies of any creditors of the municipality.
HISTORY: 1962 Code Section 59-681; 1952 Code Section 59-681; 1942 Code Section 9293; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 17 - Revenue Bond Refinancing Act Of 1937 › Section 6-17-320. Chapter is supplemental and shall be liberally construed.

The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect, the powers conferred by any other law. This chapter is remedial in nature and shall be liberally construed.
HISTORY: 1962 Code Section 59-682; 1952 Code Section 59-682; 1942 Code Section 9301; 1937 (40) 313.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-10. State authorized to make grants.

The State may make grants in aid in the financing of any public water supply authorities or districts, any sewer authorities or districts, any water and sewer authority, any rural community water or sewer system legally organized in the State, any nonprofit corporation organized pursuant to Chapter 36 of Title 33, any general purpose local government, water or sewer system; or any municipal water or sewer system in any city, town, or village of less than one thousand five hundred population in accordance with the most recent studies conducted by the United States Bureau of the Census.
HISTORY: 1962 Code Section 59-131; 1974 (58) 2280; 1975 (59) 745; 2000 Act No. 404, Section 6(B).
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-20. Purposes for which funds may be used.

The grants may be made to districts, authorities, nonprofit corporations or communities to assist in financing of, but not limited to, engineering and legal service costs, specific projects for construction, be it original or enlargement of supply, treatment, purification, storage and distribution facilities for water systems and collection, treatment, forced mains, lift stations and disposal facilities for sewer systems or any other item necessary for the physical operation of the water or sewer systems, where grant funds are necessary to reduce the project cost per user to a reasonable level. The grants may be made to supplement funds from loan proceeds or other private or public sources when such grants are not available through any other state or federal agency. Grants authorized under the provisions of this chapter may be applied to National Demonstration Water Projects upon the approval of the advisory committee.
HISTORY: 1962 Code Section 59-132; 1974 (58) 2280; 1975 (59) 745.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-35. Utilization of funds; advisory committee responsibility.

The objective of the South Carolina Rural Water and Sewer Act is to assure that the financing available for rural area facilities is fully utilized by communities, authorities or districts in accordance with State guidelines and sound local priorities. Consistent with this objective the act shall consist of but not be limited to the following criteria:
(1) The advisory committee will be responsible for coordinating the activities of the Federal and State agencies and for working with State, regional and local planning agencies to develop the necessary area plans and priority listings. To the extent feasible, the State coordination program will be utilized to foster consolidated approaches to the delivery of water and waste disposal services and other common policies among existing agencies that will lead to improved and expanded service. State government funds will be applied when necessary to assist projects not eligible for supplementary assistance from other sources.
(2) The Department of Health and Environmental Control may, upon approval of the advisory committee, by a memorandum of understanding entered into with other funding agencies, designate one of such agencies, including itself, to administer or supervise any portion of a project funded under this act.
HISTORY: 1975 Act No. 286, Section 8.
Editor's Note
Before its codification as Section 6-19-35 in this volume, the contents of Section 8, Act No. 286, were included as a note following Section 6-19-40.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-40. Applications for grants; rules for consideration and approval.

(a) Application for a grant hereunder may be made to the advisory committee and accompanied by an application to the primary financial source and processed by the Department of Health and Environmental Control. The Department of Health and Environmental Control, on approval of the advisory committee, shall make the necessary rules and regulations for the consideration and processing of all State grant requests appropriated under this chapter, which shall generally conform to those used by Federal grant and loan agencies, which rules shall be filed in the office of the Secretary of State. The rules shall contain, but shall not be limited to the following criteria:
(1) Preliminary engineering costs study;
(2) Bonded indebtedness of the district, authority or community;
(3) Financial conditions of the district, authority or community;
(4) Costs per connection;
(5) Economic level in the district, area or community;
(6) Ratio of contracted users to potential users which shall not be less than sixty-seven percent;
(7) Conformity to overall State, regional or local plans;
(8) Operation and maintenance costs identified and proper replacement costs;
(9) Amount of connection charges and minimum user charges; and
(10) Sustaining costs of rural water and sewer systems.
(b) No funds shall be dispensed until the applicant furnishes evidence of a commitment from the primary financial source.
HISTORY: 1962 Code Section 59-134; 1974 (58) 2280; 1975 (59) 745.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-50. Maximum amount of grants.

In any case, the grant shall not be in excess of six hundred dollars per connection or twenty-five percent of the total project cost, whichever is less, or a maximum of four hundred thousand dollars, and no district or authority system may receive more than one grant for any purpose in any one-year period.
HISTORY: 1962 Code Section 59-135; 1974 (58) 2280; 1975 (59) 745; 1984 Act No. 512, Part II, Section 55.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-60. Restrictions on use of funds.

Grant funds shall not be used for easements or rights-of-way or for the administrative costs of the applicant or for land purchase unless land purchase is for an integral part of the treatment process, intake sites, or storage sites.
HISTORY: 1962 Code Section 59-136; 1974 (58) 2280; 1975 (59) 745.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 19 - State Grants For Water And Sewer Authorities, Districts Or Systems › Section 6-19-70. Minimum amount of funds for unincorporated communities.

No less than thirty-five percent of any designated funds shall be designated to unincorporated areas.
HISTORY: 1962 Code Section 59-137; 1974 (58) 2280; 1975 (59) 745.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 21 - Revenue Bond Act For Utilities › Section 6-21-5. Transportation authorities; power to establish and finance.

In furtherance of the powers granted to the counties of this State pursuant to the provisions of Section 4-9-30, and Section 6-21-10 et seq., of the 1976 Code, each of the counties of this State is authorized to establish transportation authorities and to finance, following the public hearing and referendum required in Chapter 37, Title 4, the cost of acquiring, designing, constructing, equipping and operating highways, roads, streets, and bridges, and other transportation-related projects, either alone or in partnership with other governmental entities including, but not limited to, the South Carolina Department of Transportation.
HISTORY: 1995 Act No. 52, Section 1
Editor's Note
Before its codification as Section 6-21-05 in this volume, the contents of Section 1, Act No. 52 of 1995, were included as a note following Section 6-21-10.