reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-410. Purchase of lands for public works within corporate limits.

Any municipal corporation desiring to become the owner of any land, situate within the corporate limits of such municipal corporation, in this State, for the erection of a public building for the use of the corporation or the purpose of procuring a supply of water or establishing a sewerage system or other public works for the use of the corporation, may purchase such land from the owner thereof and pay for it in such manner as such municipal corporation may determine.
HISTORY: 1962 Code Section 59-201; 1952 Code Section 59-201; 1942 Code Section 7307; 1932 Code Section 7307; Civ. C. '22 Section 4455; Civ. C. '12 Section 3032; 1907 (25) 640.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-420. Condemnation upon refusal to sell land desired.

In case the owner of a any land situate within the corporate limits and desired by a municipal corporation for any of the purposes referred to in Section 5-31-410 or (b) any land desired by the corporation for enlarging, extending, or establishing a sewerage system or a water system within or without the corporate limits shall refuse to sell it, the municipal corporation may condemn the land in the manner provided in the Eminent Domain Procedure Act (Chapter 2 of Title 28).
HISTORY: 1962 Code Section 59-202; 1952 Code Section 59-202; 1942 Code Section 7308; 1932 Code Section 7308; Civ. C. '22 Section 4456; Civ. C. '12 Section 3033; 1907 (25) 640; 1951 (47) 732; 1953 (48) 272; 1987 Act No. 173, Section 8.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-430. Powers of municipalities with respect to acquisition of property and operation of water and electric works.

Cities and towns may purchase and hold suitable lands and water and erect aqueducts, dams, canals, buildings, machine shops, and other works and construct and lay conduits, mains, and pipes as may be necessary to obtain and secure a supply of water and power for operating the waterworks and electric light works. They may erect poles and wires along any of the adjacent highways and in the cities and towns and may condemn (a) any property and lands, the drainage from which would contaminate the water supply of the city or town, (b) streams, lakes, or lands as may be required for the water supply of the city or town, or (c) rights-of-way to enable them to lay mains and pipes for water, sewerage, or drainage, and erect and operate the aqueducts, dams, canals and water and electrical works and electric lines after paying to the owner just compensation for the property or rights-of-way to be condemned, as determined in the manner provided by the Eminent Domain Procedure Act (Chapter 2 of Title 28).
HISTORY: 1962 Code Section 59-221; 1952 Code Section 59-221; 1942 Code Section 7293; 1932 Code Section 7293; Civ. C. '22 Section 4442; Civ. C. '12 Section 3019; Civ. C. '02 Section 2012; 1896 (22) 83; 1953 (48) 272; 1987 Act No. 173, Section 9.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-440. Condemnation of land for waterworks and to protect watersheds.

Any municipal corporation in this State desiring to establish waterworks or to enlarge or extend such works, whether it owns or operates the plant or not, may condemn lands, water rights, and water privileges or any other property, including existing waterworks or pipelines, or any part of them, necessary for the purpose of establishing, maintaining, extending, or operating a waterworks plant for supplying water to the municipal corporation and to its citizens. Proper compensation must be first made to the owners. The condemnation must be made in the manner provided in the Eminent Domain Procedure Act (Chapter 2 of Title 28). No municipality shall condemn any waterworks during the life of any franchise, nor when by contract there is any other method of valuation for the purpose of acquisition by the municipality upon the expiration of the franchise, except that the condemnation actions may be had during the last year of the term of the franchise to take effect by the transfer of title and possession immediately upon the expiration of such franchise. A municipal corporation may also enter upon and condemn lands and tenements for the purpose of protecting the watersheds from contamination, nuisances, or any condition which may be a menace to the public health, upon proper compensation being first made to the owner.
HISTORY: 1962 Code Section 59-222; 1952 Code Section 59-222; 1942 Code Section 7302; 1932 Code Section 7302; Civ. C. '22 Section 4450; Civ. C. '12 Section 3027; 1905 (24) 867; 1914 (28) 499; 1916 (29) 941; 1953 (48) 272; 1987 Act No. 173, Section 10.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-450. Drains for surface water.

Whenever, within the boundaries of any municipality, it shall be necessary or desirable to carry off the surface water from any street, alley or other public thoroughfare along such thoroughfare rather than over private lands adjacent to or adjoining such thoroughfare, such municipality shall, upon demand from the owner of such private lands, provide sufficient drainage for such water through open or covered drains, except when the formation of the street renders it impracticable, along or under such streets, alleys or other thoroughfare in such manner as to prevent the passage of such water over such private lands or property. But if such drains cannot be had along or under such streets, alleys or other thoroughfare, the municipal authorities may obtain, under proper proceedings for condemnation on payment of damages to the landowner, a right of way through the lands of such landowner for the necessary drains for such drainage. If any municipal corporation in this State shall fail or refuse to carry out the provisions of this section, any person injured thereby may have and maintain an action against such municipality for the actual damages sustained by such person.
HISTORY: 1962 Code Section 59-224; 1952 Code Section 59-224; 1942 Code Section 7301; 1932 Code Section 7301; Civ. C. '22 Section 4449; Civ. C. '12 Section 3026; 1902 (23) 1038; 1953 (48) 272.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-460. Condemnation for use of another corporation.

When any lands are condemned by a municipal corporation for the use of a corporation other than itself, such other corporation shall pay all the costs and expenses incurred in such condemnation, together with all damages which may be assessed in favor of the landowner under such condemnation proceedings, as well as all damages that may be recovered against such municipality in any court of competent jurisdiction by anyone injured or damaged by such condemnation. If in any such case the ingress or egress from the lands of any person be cut off, such corporation shall open, construct and maintain a convenient means of ingress and egress to the lands so cut off. No such condemnation shall be had for the benefit of any corporation unless it is made to appear to the satisfaction of the city or town council that the land sought to be condemned is necessary for the proper use and maintenance of a waterworks or for the proper protection of the health of the citizens of such municipality, the city or town council of such municipality to determine the question as to whether such land is necessary for the proper use and maintenance of such waterworks or for the proper protection of the health of such municipality.
HISTORY: 1962 Code Section 59-225; 1952 Code Section 59-225; 1942 Code Section 7304; 1932 Code Section 7304; Civ. C. '22 Section 4452; Civ. C. '12 Section 3029; 1905 (24) 867.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-610. Construction and operation of municipal utilities.

Any city or town may:
(1) 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, 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 existing waterworks by condemnation;
(4) 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, 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.
HISTORY: 1962 Code Section 59-241; 1952 Code Section 59-241; 1942 Code Section 7280; 1932 Code Section 7280; Civ. C. '22 Section 4430; Civ. C. '12 Section 3015; Civ. C. '02 Section 2008; 1899 (23) 49; 1914 (28) 511; 1915 (29) 53; 1916 (29) 939; 1920 (31) 767, 797; 1922 (32) 953; 1953 (48) 272; 1987 Act No. 173, Section 11.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-620. Election prerequisite to action under article.

Before such construction, purchase, sale, conveyance or disposal of any such property, or any part thereof, shall be made under the provisions of this article, the city or town council of the municipality shall submit the question of such construction, purchase, sale, conveyance or disposal of the qualified registered electors of the city or town at an election to be ordered for that purpose by the city or town council and to be conducted in accordance with the laws governing municipal elections.
HISTORY: 1962 Code Section 59-243; 1952 Code Section 59-243; 1942 Code Section 7280; 1932 Code Section 7280; Civ. C. '22 Section 4430; Civ. C. '12 Section 3015; Civ. C. '02 Section 2008; 1899 (23) 49; 1914 (28) 511; 1915 (29) 53; 1916 (29) 939; 1920 (31) 767, 797; 1922 (32) 953.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-630. Election prerequisite to condemnation of waterworks.

Proceedings to condemn existing waterworks shall not be instituted until after an election ordered by the city or town council upon thirty days' notice shall have determined, by a majority of the qualified electors of the city or town, the policy of the city or town in favor of municipal ownership of waterworks.
HISTORY: 1962 Code Section 59-244; 1952 Code Section 59-244; 1942 Code Sections 7280, 7306; 1932 Code Sections 7280, 7306; Civ. C. '22 Sections 4430, 4454; Civ. C. '12 Section 3015; Civ. C. '02 Section 2008; 1899 (23) 49; 1914 (28) 511; 1915 (29) 53; 1916 (29) 939, 941; 1920 (31) 767, 797; 1922 (32) 953.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-640. Petition prerequisite to election.

Before any election shall be held under the provisions of this article at least twenty-five per cent of the resident freeholders of the city or town, as shown by its tax books, shall petition the city or town council that such election be ordered.
HISTORY: 1962 Code Section 59-245; 1952 Code Section 59-245; 1942 Code Section 7280; 1932 Code Section 7280; Civ. C. '22 Section 4430; Civ. C. '12 Section 3015; Civ. C. '02 Section 2008; 1899 (23) 49; 1914 (28) 511; 1915 (29) 53; 1916 (29) 939; 1920 (31) 767, 797; 1922 (32) 953; 1947 (45) 175; 1965 (54) 642.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-650. Question may refer to issue of revenue bonds.

Any question set forth in any petition for an election on the question of a city or town acquiring, by construction or purchase, and operating a waterworks system, presented and filed pursuant to Section 5-31-640, may, but need not, state that the cost of constructing or purchasing the waterworks system described in such question shall be met by the issuance of bonds payable solely from the revenues derived from the operation of such system.
HISTORY: 1962 Code Section 59-246; 1952 Code Section 59-246; 1942 Code Section 7280-1; 1935 (39) 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-660. Action if election result is favorable.

If a majority of the electors voting in such election shall vote for the construction or purchase of such property in question, the city or town council shall so declare by ordinance and shall acquire the property. And if a majority of the electors voting in any such election shall vote for the sale of the property in question, the city or town council shall sell, convey and transfer the same as so authorized.
HISTORY: 1962 Code Section 59-247; 1952 Code Section 59-247; 1942 Code Section 7280; 1932 Code Section 7280; Civ. C. '22 Section 4430; Civ. C. '12 Section 3015; Civ. C. '02 Section 2008; 1899 (23) 49; 1914 (28) 511; 1915 (29) 53; 1916 (29) 939; 1920 (31) 767, 797; 1922 (32) 953.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-670. Furnishing water for compensation; sewerage charge.

Any city or town or special service district may, after acquiring a waterworks or sewer system, furnish water to persons for reasonable compensation and charge a minimum and reasonable sewerage charge for maintenance or construction of such sewerage system within such city or town or special service district.
HISTORY: 1962 Code Section 59-248; 1952 Code Section 59-248; 1942 Code Section 7280-1; 1935 (39) 2; 1957 (50) 225; 1964 (53) 2182.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-680. Sale, lease or other disposition of municipally owned natural gas system.

Notwithstanding any other provisions of this article, any city or town may sell, lease or otherwise dispose of any municipally owned natural gas system upon the favorable vote of a majority of the qualified electors of the municipality voting in a general or special election held after notice thereof, explaining in general terms the proposed transaction, has been given in a newspaper of general circulation in the city or town once a week for two successive weeks, the first of which shall appear not more than thirty days prior to the election date. Such election shall be held in accordance with the laws governing municipal elections and no petition as prescribed by Section 5-31-640 shall be required in connection therewith.
HISTORY: 1962 Code Section 59-249; 1967 (55) 623.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-690. Restrictions on interruption of electric or gas services to residential customer for nonpayment of bill; exceptions.

(A) Except as provided in subsection (B) of this section, a municipality must not interrupt electric or gas service to any residential customer for nonpayment of a bill until twenty-five days have elapsed from the date of billing.
(B) A municipality may interrupt electric or natural gas service to any residential customer who has voluntarily enrolled in a prepay program if the prepay program allows the customer to monitor his consumption of electricity or natural gas and his account balance on a daily basis and the balance of that customer's prepay account is zero, provided that the following conditions are met: (1) at the time the residential customer enrolls in the prepay program, the residential customer is informed and agrees that his electric or natural gas service may be interrupted when the balance of his prepay account reaches zero; (2) electric or natural gas service must not be interrupted before 10:00 a.m. on the next business day following an attempt by the municipality to give the customer notice of the impending interruption by telephone or electronically; and (3) electric or natural gas service must not be interrupted except during hours when the municipality is accepting cash payments. For purposes of this subsection, a business day is a day in which the municipality, or an agent, is accepting cash payments.
(C) Nothing contained herein shall be construed so as to relieve a municipality of the requirements of Act 313 of 2006.
(D) Any person aggrieved by a violation of this section may petition the courts of this State for redress in accordance with applicable law and notwithstanding Section 58-27-210, the Public Service Commission shall have no jurisdiction over a municipality by reason of this section.
HISTORY: 2010 Act No. 258, Section 5, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-810. Establishment of municipal sewerage system.

Any city or town in this State may incur bonded indebtedness and own and possess property to any amount within the discretion of the municipal authorities of such city or town for the purposes of purchase, establishment and maintenance of sewerage systems; provided, that the question of such purchase, establishment or indebtedness shall be submitted to an election and no such purchase, or establishment or indebtedness shall be made except upon the vote in favor thereof of a majority of the electors of such city or town who are qualified to vote on the bonded indebtedness of such city or town; and provided, further, that the question of incurring such indebtedness be submitted with favorable results to the freeholders of such municipalities by petition.
HISTORY: 1962 Code Section 59-481; 1952 Code Section 59-481; 1942 Code Section 7278; 1932 Code Section 7278; Civ. C. '22 Section 4429; 1918 (30) 801.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-820. Sewerage commission; composition.

Any municipal corporation in this State which is about to enlarge, extend or establish a system of sewerage therein may, by its mayor and aldermen, intendant and wardens or city or town council, elect five or seven of its citizens, who shall be freeholders therein, as a sewerage commission, which shall be known and designated as the sewerage commission of such municipal corporation; provided, that not more than three persons so elected as members of said commission shall be members of the body electing such commission. The members of the sewerage commission shall continue as such for a term of two years and until their successors are elected or until the enlarging, extending or establishment of the system of sewerage is fully completed, as contemplated under the laws and ordinances providing therefor.
HISTORY: 1962 Code Section 59-482; 1952 Code Section 59-482; 1942 Code Section 7295; 1932 Code Section 7295; Civ. C. '22 Section 4444; Civ. C. '12 Section 3021; 1902 (23) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-830. Sewerage commission; oaths of members; officers; vacancies and removal from office.

The members of the sewerage commission, before entering upon their duties, shall take the same oaths required of members of the body electing them. They shall organize by electing one of the members as chairman thereof and a secretary, who may be the same person as the clerk of the city or town council.
Any vacancy occurring in the membership of the commission shall be filled by election as provided in Section 5-31-820 and any member thereof may be removed for cause by any such city or town council.
HISTORY: 1962 Code Section 59-485; 1952 Code Section 59-485; 1942 Code Sections 7295, 7296; 1932 Code Sections 7295, 7296; Civ. C. '22 Sections 4444, 4445; Civ. C. '12 Sections 3021, 3022; 1902 (23) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-840. Sewerage commission; duties.

Any such sewerage commission shall have the construction of the sewerage system in charge and, subject to the approval of the city or town council, shall advertise for bids for at least thirty days in two or more newspapers for the work to be done and for material to be used therein, with the right to reject any and all bids, and shall enter into contracts with the lowest responsible bidders thereon and secure competent persons, if deemed advisable, to superintend the construction and counsel and advise in matters relating thereto.
HISTORY: 1962 Code Section 59-486; 1952 Code Section 59-486; 1942 Code Section 7296; 1932 Code Section 7296; Civ. C. '22 Section 4445; Civ. C. '12 Section 3022; 1902 (23) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-850. Sewerage commission; contracts with member.

No member of any such commission shall be permitted to enter into any contract with such commission for furnishing materials or for the construction of any of the work of such sewerage system.
HISTORY: 1962 Code Section 59-487; 1952 Code Section 59-487; 1942 Code Section 7296; 1932 Code Section 7296; Civ. C. '22 Section 4445; Civ. C. '12 Section 3022; 1902 (23) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-860. Sewerage commission; expenditures.

No such sewerage commission shall expend more money in enlarging, extending or establishing the system of sewerage than has been appropriated therefor, according to law. All payments for material furnished and work performed shall be made by the treasurer of the city or town council on warrants issued by the commission and approved by the city or town council.
HISTORY: 1962 Code Section 59-488; 1952 Code Section 59-488; 1942 Code Section 7296; 1932 Code Section 7296; Civ. C. '22 Section 4445; Civ. C. '12 Section 3022; 1902 (23) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-870. Sewerage commission; records.

A permanent record shall be made and kept by each sewerage commission of all its proceedings, contracts and other matters done and performed by it, including an accurate plan of the work done, showing the situation of the sewerage pipes, manholes, water flushes and all other things relating thereto that should be shown. And such records shall be open at all times to the inspection of any citizen of such municipality and to the city or town council thereof and shall be turned over to such city or town council as a permanent record thereof, with all convenient speed, on the completion of the work.
HISTORY: 1962 Code Section 59-489; 1952 Code Section 59-489; 1942 Code Section 7296; 1932 Code Section 7296; Civ. C. '22 Section 4445; Civ. C. '12 Section 3022; 1902 (23) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-880. Use of streets, highways and public buildings for sewerage purposes.

Any municipal corporation in this State, for the purpose of enlarging, extending or establishing a system of sewerage, may use any of the streets of such municipal corporation, and any of the public buildings, roads and highways of the county in which the municipality is located for the purpose of constructing, operating, repairing and protecting such system. But it shall restore all highways to as good a condition as they were in prior to such use without any unnecessary delay and with the least possible inconvenience to the public.
HISTORY: 1962 Code Section 59-490; 1952 Code Section 59-490; 1942 Code Section 7299; 1932 Code Section 7299; Civ. C. '22 Section 4447; Civ. C. '12 Section 3024; 1902 (23) 1040; 1939 (41) 412.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-890. Contracts as to systems of sewage disposal.

All municipalities in this State owning, controlling, leasing or planning to construct a system of sewage disposal with or without outfalls, rights of way, easements and appurtenances thereto, may, through proper officials, commissioners of public works, sewer commissions or any of them or like bodies, enter into contracts and agreements with persons or political subdivisions outside the corporate limits of such municipalities, whether contiguous thereto or not, for the construction, maintenance, operation, improvement, leasing, controlling or furnishing the use, benefits and facilities thereof upon such terms and at such rates and charges as may be fixed by the contract or agreement between the parties when, in the judgment of the proper officials, commissioners of public works, sewer commissions, or any of them or like bodies, as the case may be, it is for the best interest of the city, town or municipality so to do. But no such contract or agreement shall be for a period exceeding thirty years from the effective date thereof.
Nothing herein contained shall be construed as abrogating, limiting or qualifying any contracts or agreements of the nature set forth herein which may have heretofore been entered into and under which the parties thereto are operating.
HISTORY: 1962 Code Section 59-491; 1952 Code Section 59-491; 1948 (45) 1686.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-900. General ordinances, rules and regulations.

Any such municipal corporation may enact all necessary ordinances, rules and regulations consistent with law for the establishment, construction, maintenance, operation, protection, use, control and repairing of its system of sewerage, both within and without its corporate limits.
HISTORY: 1962 Code Section 59-493; 1952 Code Section 59-493; 1942 Code Section 7299; 1932 Code Section 7299; Civ. C. '22 Section 4447; Civ. C. '12 Section 3024; 1902 (23) 1040; 1939 (41) 412.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-910. Contracts with public agency to provide municipalities with primary, secondary or tertiary sewage treatment or to dispose of solid waste; definitions.

As used in Sections 5-31-910 to 5-31-940, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(a) "council" shall mean the governing body of any incorporated municipality.
(b) "municipality" shall mean any incorporated municipality under the laws of the State of South Carolina.
(c) "public agency" shall mean any County, Authority, Special Purpose District, or other political subdivision of the State of South Carolina empowered within its service area either to dispose of solid waste or to provide primary, secondary or tertiary sewage treatment.
HISTORY: 1975 (59) 745.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-920. Contracts with public agency to provide municipalities with primary, secondary or tertiary sewage treatment or to dispose of solid waste; terms and conditions.

Each municipality, subject to compliance with the provisions of Section 5-31-930, is authorized to enter into contracts with any public agency in order to provide such municipality with primary, secondary or tertiary sewage treatment or in order to dispose of solid waste, upon such terms and conditions as its council shall deem appropriate, including, without limitation, the following:
(a) that the municipality unconditionally obligates itself to pay a stipulated or ascertainable amount for a designated period of time;
(b) that the obligation of the municipality under the contract is secured by a pledge of the municipality's full faith, credit and taxing power for the payment of which an unlimited ad valorem tax shall be levied upon all taxable property in the municipality;
(c) that the obligation of the municipality under the contract is primarily payable from designated revenues other than revenues derived from ad valorem taxes;
(d) that the obligation of the municipality under the contract is primarily payable from designated revenues other than revenues derived from ad valorem taxes and such obligation is guaranteed to the extent such revenues are insufficient by a pledge of the municipality's full faith, credit and taxing power for the payment of which an unlimited ad valorem tax shall be levied upon all taxable property in the municipality.
HISTORY: 1975 (59) 745.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-930. Contracts with public agency to provide municipalities with primary, secondary or tertiary sewage treatment or to dispose of solid waste; ordinance.

No municipality shall enter into a contract under the authorization of Sections 5-31-910 to 5-31-940 except pursuant to an Ordinance which shall have been duly enacted by its council after compliance with the following:
(a) Subsequent to the introduction of such Ordinance and prior to its second reading, a public hearing shall be held on the question of the passage of such Ordinance at which all interested persons may appear and be heard. Such hearing shall be held after notice thereof has been published in a newspaper having general circulation in the municipality not less than seven (7) days prior to the date of the hearing.
(b) The Ordinance shall not be given final reading sooner than seven (7) days following the holding of the public hearing prescribed herein.
HISTORY: 1975 (59) 745.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-940. Contracts with public agency to provide municipalities with primary, secondary or tertiary sewage treatment or to dispose of solid waste; powers and authorizations cumulative.

The powers and authorizations herein are in addition to all other powers and authorizations now or hereafter vested in municipalities and none of the provisions of Sections 5-31-910 to 5-31-940 is intended to be construed as a limitation upon or in derogation of any such other powers and authorizations.
HISTORY: 1975 (59) 745.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1110. Interfering with or opening fire hydrants.

It shall be unlawful for any person not connected with the commissioners of public works of any municipality of this State, the fire department of any such municipality or the body charged with the duties of commissioners of public works in municipalities which have no such commissioners to interfere with or open for any purpose whatever any of the fire hydrants on the mains of the waterworks of such municipalities, except in case of fire, without first having obtained a proper permit so to do from the authorized representatives of such commissioners, fire department or other such body.
HISTORY: 1962 Code Section 59-421; 1952 Code Section 59-421; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1120. Interfering with property or appurtenances.

It shall be unlawful for any person to interfere or tamper with any of the property or appurtenances belonging to a municipality or controlled by the commissioners of public works or other body charged with the duties of commissioners of public works in municipalities which have no such commissioners in connection with the waterworks system or to turn on or off the supply of water to any premises at and with the curb cock, without first having obtained the proper permit so to do from the authorized representatives of such municipality or the commissioners of public works or other such body.
HISTORY: 1962 Code Section 59-422; 1952 Code Section 59-422; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1130. Injury or obstructions to systems; pollution of water.

It shall be unlawful for any person to remove, obstruct, deface or injure, within or without the corporate limits of any municipality, any of the fire hydrants, public drinking fountains or valve covers or any pipe, ditch, drain or appurtenances of the waterworks of any municipality or to pollute the water supply of any municipality of this State, controlled by such municipality or by the commissioners of public works of such municipality or other body charged with the duties of commissioners of public works in municipalities which have no such commissioners.
HISTORY: 1962 Code Section 59-423; 1952 Code Section 59-423; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1140. Unauthorized use of water.

Any person who has a contract, agreement, license or permission, oral or written, with or from any municipality or the commissioners of public works thereof or other body charged with the duties of commissioners of public works in municipalities which have no such commissioners for the use of water belonging to or furnished by any such municipality, commissioners of public works or other such body, for certain specified purposes, who shall willfully and intentionally withdraw or cause to be withdrawn water in any manner and appropriate it to his own use or to the use of any other person, for purposes other than those specified, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 5-31-1170. Any such person to whom such water is furnished from or by means of a meter, who shall, willfully and with intention to cheat and defraud any such municipality, commissioners or other such body, alter or interfere with such meter or by any contrivance whatsoever withdraw or take off water in any manner except through such meter, shall be guilty of a misdemeanor and be punished as provided in said section.
HISTORY: 1962 Code Section 59-424; 1952 Code Section 59-424; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1150. Use of water without contract is a misdemeanor.

Any person who has no contract, agreement, license or permission with or from any municipality or the commissioners of public works thereof or other body charged with the duties of commissioners of public works in municipalities which have no such commissioners, for the use of water belonging to or furnished by such municipality, commissioners or other such body, who shall willfully withdraw or cause to be withdrawn in any manner and appropriate such water from the water mains or pipes of such municipality, commissioners or other such body or any water mains or pipes connected therewith, for his own use or for the use of any other person, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 5-31-1170.
HISTORY: 1962 Code Section 59-425; 1952 Code Section 59-425; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1160. Tapping water main without permit.

It shall not be lawful for any person to extend service pipes attached to the mains and water supply on any premises within or without a municipality without first obtaining permission therefor in writing from the municipality or the commissioners of public works or other body charged with the duties of commissioners of public works in municipalities which have no such commissioners and before any workman or plumber shall perform any work connected with the extension of such service pipes written permission for such extension shall be obtained.
HISTORY: 1962 Code Section 59-426; 1952 Code Section 59-426; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1170. Violations.

Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding two hundred dollars or by imprisonment not exceeding sixty days, or by both such fine and imprisonment.
HISTORY: 1962 Code Section 59-427; 1952 Code Section 59-427; 1942 Code Section 1203; 1932 Code Section 1203; 1925 (34) 98.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1310. Election to consider sale of light or water plants.

Should the city or town council of any city or town in this State which owns its electric light plant and water system, either or both, at any time receive an offer for such electric light plant or water system, the council may order a special election in such city or town for the purpose of determining whether or not such offer shall be accepted.
HISTORY: 1962 Code Section 59-441; 1952 Code Section 59-441; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1320. Security from proposed purchaser.

Prior to the ordering of such election, such city or town council may take from the proposed purchaser such security as it may deem sufficient for the performance of the offer of purchase in the event of its acceptance.
HISTORY: 1962 Code Section 59-442; 1952 Code Section 59-442; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1330. Notice of election.

In the event such election be ordered, six weeks' notice thereof shall be given by publication in a newspaper of general circulation in such city or town once each week for six weeks preceding the date of such election. Such notice shall contain in substance the terms of the offer for such property.
HISTORY: 1962 Code Section 59-443; 1952 Code Section 59-443; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1340. Persons entitled to vote; conduct of election.

The city or town council shall conduct the election, appoint managers therefor and canvass and declare the result thereof in the manner provided by law in reference to general elections in such city or town. All qualified electors of such city or town shall be entitled to vote in the election.
HISTORY: 1962 Code Section 59-445; 1952 Code Section 59-445; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1350. Sale if majority favors.

In the event the result of the election is in favor of the acceptance of the offer so submitted to the people, the city or town council of such city or town shall accept such offer and complete the sale by the conveyance to the purchaser of the property purchased, executing and delivering all proper deeds of conveyance therefor.
HISTORY: 1962 Code Section 59-446; 1952 Code Section 59-446; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1360. Operating agreement with purchaser; maximum rates.

In connection with such sale, such city or town council may make and enter into an agreement with the purchaser for the operation of the property so purchased and the furnishing to the people of the city or town of electric current or water or both, as the case may be, and may fix maximum rates therefor during such period as may then be agreed upon.
HISTORY: 1962 Code Section 59-448; 1952 Code Section 59-448; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1370. Grant of franchise.

In connection with such sale such city or town council may grant to the purchaser an exclusive or nonexclusive franchise for furnishing electric current or water, or both, to such city or town and the inhabitants thereof. But no such exclusive franchise shall affect any existing contractual rights and no such exclusive franchise for furnishing water shall be for a period exceeding thirty years.
HISTORY: 1962 Code Section 59-449; 1952 Code Section 59-449; 1942 Code Section 7277; 1932 Code Section 7277; 1927 (35) 176; 1930 (36) 1388; 1932 (37) 1128.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1510. Extension and assessment therefor.

Upon the written request of any property owner requesting the city or town to extend to him water and sewer service and agreeing to pay the cost thereof the city or town may provide such service and levy an assessment against the property of the owner so requesting such service for the costs thereof.
HISTORY: 1962 Code Section 59-461; 1952 Code Section 59-461; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1520. Extension beyond city limits.

Any city or town may extend its system to any property beyond the city limits provided that both the water and sewer systems are extended to such property.
HISTORY: 1962 Code Section 59-462; 1952 Code Section 59-462; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1530. Ordinance to provide for payment of costs.

Any incorporated city or town of this State may provide by ordinance for the payment of the costs of extending its water and sewer system to any property owner as herein provided.
HISTORY: 1962 Code Section 59-463; 1952 Code Section 59-463; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1540. Entry of assessments.

Such assessments shall be entered in a book kept by the city or town clerk, to be entitled "water and sewer assessment liens," stating the names of the owners, the location of the property, the amount of the assessment and the time or times of payment.
HISTORY: 1962 Code Section 59-464; 1952 Code Section 59-464; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1550. Entry of assessments when extensions are beyond city limits.

When such water and sewer system is extended to property beyond the city limits the assessments shall be entered in an assessment book in the office of the clerk of the court for the county in which such city is located which shall be furnished by the city.
HISTORY: 1962 Code Section 59-465; 1952 Code Section 59-465; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1560. Lien of assessments.

The assessments so laid shall constitute a lien upon the property so assessed which shall be superior to all other liens except the liens for county, State and city taxes and payment thereof may be enforced as the payment of city or town taxes is enforced. Such lien shall continue from the date of entry on the "water and sewer assessment liens" book until the expiration of five years from the date when final payment is due and payable, unless sooner paid.
HISTORY: 1962 Code Section 59-466; 1952 Code Section 59-466; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1570. Effect of default in payment of installment.

Upon default in the payment of any installment or deferred portion of any assessment, at the time and in accordance with the terms and conditions fixed by ordinance, the total amount of such assessment then unpaid, including deferred installments or payments and interest, shall immediately become due and collectible, at the option of the city or town, and shall be collectible as city or town taxes are collected, with such penalties and costs as are provided for the payment of such taxes.
HISTORY: 1962 Code Section 59-467; 1952 Code Section 59-467; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1580. Entry of satisfaction of assessments.

It shall by ordinance be made the duty of the city or town clerk to make entry of satisfaction on such water and sewer assessment liens book as soon as full payment is made, and the lien shall be thereby extinguished.
HISTORY: 1962 Code Section 59-468; 1952 Code Section 59-468; 1945 (44) 256; 1947 (45) 506.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1590. Deposit and use of receipts.

The amounts of money raised by such assessments shall constitute and be kept as a separate fund, to be used for the purpose for which it was raised.
HISTORY: 1962 Code Section 59-469; 1952 Code Section 59-469; 1945 (44) 256; 1947 (45) 506.