reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1600. Certificates of indebtedness against assessments.

The city or town council of any such city or town may issue certificates of indebtedness showing the amounts of money due to such city or town by property owners as deferred payments or installments upon such assessments and may sell any such certificates of indebtedness or borrow money by pledging any of them as collateral security for the payment of such debt or debts and, in the event of either a sale or collateral pledge of such certificates, or any of them, may pledge the faith and credit of such city or town for the payment thereof and guarantee the payment thereof for and in the name of such city or town. In any such case it shall not be necessary for a separate certificate of indebtedness to be issued showing the amount due from each property owner, but such certificates may be issued in denominations of one hundred dollars, or any multiple thereof. Nor shall it be necessary for the maturities of such certificates of indebtedness to correspond exactly to the maturities of such deferred payments or installments of the assessments and such certificates may be issued having fixed dates of maturities, but, in the event of payment of the assessments before the maturity of the certificates, the amount of such assessments so paid shall be placed in a sinking fund and held solely for the payment of the certificates of indebtedness issued against them.
HISTORY: 1962 Code Section 59-470; 1952 Code Section 59-470; 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 5-31-1710. Authorization for municipalities having populations between 3,000 and 4,000 to extend water or sewer disposal facilities beyond city limits.

Any municipal corporation in this State having a population of between three thousand and four thousand based upon the latest United States census is hereby authorized and empowered, through action of its town council, to extend its water or sewer disposal facilities, any one or both, to any persons or corporations without the corporate limits of such municipality and to enter into contracts with such persons or corporations, or both, for the furnishing of water or sewage disposal facilities, any one or both, upon such terms, rates and charges as may be fixed by town council, either for domestic or industrial purposes, or both, when in the judgment of the town council it is for the best interest of the municipality so to do. No such contract shall be for a longer period than ten years but any such contract may be renewed from time to time for successive periods of ten years.
HISTORY: 1962 Code Section 59-540; 1957 (50) 525; 1965 (54) 575.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1720. Assessments for costs of extensions.

Any municipality, as provided in Section 5-31-1710, may provide by ordinance for the payment of the costs of extending its water or sewer system, any one or both, to any property owner by assessments as herein provided.
HISTORY: 1962 Code Section 59-540.1; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1730. Assessment book.

Assessments shall be entered in an assessment book, to be entitled "water and sewer assessment liens for the town of __________," and shall state the names of the owners, the location of the property, the amount of the assessment and the time or times of payment, and such assessment book shall be furnished by the municipality and kept in the office of the clerk of the court for the county in which such municipality is located.
HISTORY: 1962 Code Section 59-540.2; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1740. 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 and State taxes, and payment 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 59-540.3; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1750. 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 municipality, 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 59-540.4; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1760. Entry of satisfaction of assessments.

The municipality shall require the town clerk to make entry of satisfaction on the water and sewer assessment liens book as soon as full payment is made, and the lien shall be thereby extinguished, and the municipality shall adopt a suitable ordinance to require this duty of the clerk.
HISTORY: 1962 Code Section 59-540.5; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1770. 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 the money was raised.
HISTORY: 1962 Code Section 59-540.6; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1780. Certificates of indebtedness against assessments.

The town council of any municipality as provided in this article may issue certificates of indebtedness showing the amounts of money due to such municipality by property owners as deferred payments or installments upon such assessments and may sell any such certificates of indebtedness or borrow money by pledging any of them as collateral security for the payment of such debt or debts, and, in the event of either a sale or collateral pledge of such certificates, or any of them, may pledge the faith and credit of such municipality for the payment thereof and guarantee the payment thereof for and in the name of such city or town. In any such case it shall not be necessary for a separate certificate of indebtedness to be issued showing the amount due from each property owner, but such certificates may be issued in denominations of one hundred dollars, or any multiple thereof. Nor shall it be necessary for the maturities of such certificates of indebtedness to correspond exactly to the maturities of such deferred payments or installments of the assessments and such certificates may be issued having fixed dates of maturities, but, in the event of payment of the assessments before the maturity of the certificates, the amount of such assessments so paid shall be placed in a sinking fund and held solely for the payment of the certificates of indebtedness issued against them.
HISTORY: 1962 Code Section 59-540.7; 1957 (50) 525.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1910. Authorization for cities and towns to furnish water and electric current beyond corporate limits.

Any city or town in this State owning a water or light plant may, through the proper officials of such city or town, enter into a contract with any person without the corporate limits of such city or town but contiguous thereto to furnish such person electric current or water from such water or light plant of such city or town and may furnish such water or light upon such terms, rates and charges as may be fixed by the contract or agreement between the parties in this behalf, either for lighting or for manufacturing purposes, when in the judgment of the city or town council it is for the best interest of the municipality so to do. No such contract shall be for a longer period than two years but any such contract may be renewed from time to time for a like period.
HISTORY: 1962 Code Section 59-531; 1952 Code Section 59-531; 1942 Code Section 7300; 1932 Code Section 7300; Civ. C. '22 Section 4448; Civ. C. '12 Section 3025; 1907 (25) 625; 1904 (24) 403; 1934 (38) 1206; 1936 (39) 1583; 1948 (45) 1842.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1920. Special provision for cities over 70,000, 1940 census.

The limitation of two years imposed by Section 5-31-1910 shall not apply to cities having a population of over seventy thousand according to the 1940 United States census, and such cities may enter into a contract as set forth in said section with persons, other cities, towns, public service commissions or political subdivisions without the corporate limits of the city, whether contiguous to the corporate limits or not, either for lighting or manufacturing or any other purposes, for any period or periods not exceeding fifty years, and such contracts may include options for extending the existence thereof beyond the date of their expiration for any additional period or periods, not exceeding fifty years, and for similar extensions beyond the date of any such extended period or periods.
HISTORY: 1962 Code Section 59-532; 1952 Code Section 59-532; 1942 Code Section 7300; 1932 Code Section 7300; Civ. C. '22 Section 4448; Civ. C. '12 Section 3025; 1907 (25) 625; 1904 (24) 403; 1934 (38) 1206; 1936 (39) 1583; 1948 (45) 1842; 1950 (46) 2261.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-1930. Special provision for cities of 50,000 to 60,000, 1950 census.

The limitations imposed by Section 5-31-1910 shall not apply to cities having a population of over fifty thousand and not more than sixty thousand as shown by United States Government census of 1950. Such cities may contract as set forth in said section with persons or other cities or towns, public service commissions or other political subdivisions without the corporate limits of the city, whether contiguous to the corporate limits or not, and may contract for a period not exceeding twenty-five years.
HISTORY: 1962 Code Section 59-533; 1952 Code Section 59-533; 1942 Code Section 7300; 1932 Code Section 7300; Civ. C. '22 Section 4448; Civ. C. '12 Section 3025; 1907 (25) 625; 1904 (24) 403; 1934 (38) 1206; 1936 (39) 1583; 1948 (45) 1842; 1951 (47) 143.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2010. Declaration of legislative findings and intent.

The General Assembly takes note of the fact that incorporated cities and towns (municipalities) throughout the State have in many instances experienced considerable growth with the result that sewage collection and treatment facilities must be extended and enlarged in order to serve all of the persons residing within the corporate limits. Such extensions and enlargements are customarily paid from ad valorem taxes levied throughout the municipality and from sewer service charges. However, it appears that in some instances the cost of constructing all or a portion of such facilities can be more equitably distributed by assessing all or a portion of the cost of constructing sewer laterals against the properties facing thereon.
The General Assembly concludes that in order to facilitate the construction and operation of sewer systems by municipalities, all municipalities should be granted all of the powers set forth in this article.
In view of the foregoing, the General Assembly has determined to confirm in the governing body of each municipality the power: (1) To place into effect, revise, enforce, and collect a schedule of charges for its sewage collection service and (2) to adopt and enforce regulations requiring all properties to which sewer service is available to connect to the municipality's sewage collection facilities as now existing or hereafter improved; and to give the governing body of each municipality in addition to those powers already vested in them, the power: (a) To contract with any public or private agency operating a water system for the collection of such sewer charges; (b) to make regulations generally with respect to the discharge of sewage and the use of privies, septic tanks and any other type of sewage facilities; (c) to impose front-foot assessments against properties abutting the sewage collection laterals; and (d) to make unpaid sewer service charges a lien against the property served.
It is the legislative intent of this article that it shall be deemed complementary and supplementary to existing laws relating to any municipalities and to add to the powers, functions and duties committed to the several governing bodies thereof in order that all municipalities may fulfill their function of preserving the public health, and provide for all those who own, use or occupy dwellings, commercial buildings or other structures therein. In enacting this article, the General Assembly exercises its general police powers having found that such exercise was necessary for the maintenance and preservation of the health of the inhabitants of the State. Nothing herein contained shall be construed to be in derogation of the powers of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 59-501; 1965 (54) 614.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2020. Definitions.

For all purposes of this article:
(a) The term "municipality" shall mean any incorporated city or town now or hereafter existing;
(b) The term "council" shall mean the governing body of any municipality as now or hereafter constituted;
(c) The term "water distribution agency" shall mean any public or private agency operating a water distribution system within any municipality or any portion thereof;
(d) The term "sewage" shall mean domestic or industrial waste requiring collection, disposal and treatment;
(e) The term "sewer service charge" shall mean the monthly, quarterly or annual charge imposed by any municipality for the collection, treatment and disposal of sewage irrespective of whether the same shall be collected by a water distribution agency or whether it shall be assessed against the property served as provided by Section 5-31-2030;
(f) The term "sewer connection charge" shall mean the charge imposed upon property owners as a condition to authorizing them to connect to and discharge sewage into any public sewer system; and
(g) The term "front-foot assessment" shall mean the assessment levied to reimburse a municipality for that portion of the cost of installing sewer laterals (collection lines) imposed by the council on a front-foot basis.
HISTORY: 1962 Code Section 59-502; 1965 (54) 614.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2040. Lien on real estate for sewer service charges; collection of past-due charges.

If the notice or notices prescribed by paragraph (1) of Section 5-31-2030 shall have been given and any hearing requested pursuant thereto shall have been held, all sewer service charges imposed by the council following that procedure under authority of this article and not paid when due and payable shall be and constitute a lien upon the real estate to which the sewage service concerned relates so long as the sewer service charges remain unpaid. In addition to such other rights and remedies as may be available to the council in law or in equity for the collection of the sewer service charges, the lien may be enforced by the council in the same manner and fashion as the lien of property taxes on real estate. The lien herein provided shall be superior to all other liens except liens for unpaid property taxes.
The method provided in this article for the enforcement of the collection of past due sewer service charges shall not be the exclusive method of enforcing such collections and the council is fully empowered to enforce the collection of any such sewer service charges in any other lawful manner in all or any part of the municipality, including particularly by way of a contract with a water distribution agency as authorized under paragraph (2) of Section 5-31-2030.
HISTORY: 1962 Code Section 59-504; 1965 (54) 614.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2310. "Political subdivision" defined.

For the purposes of this article, "political subdivision" means a municipality, county, or special purpose district which operates a sewer system authorized by law.
HISTORY: 1992 Act No. 423, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2320. Authority to expend funds collected by front-foot or per-parcel assessments for sewer improvements.

Notwithstanding any other provision of law, a political subdivision by resolution or ordinance duly adopted may provide for the expenditure of funds collected by way of front-foot assessments or per-parcel assessments for sewer improvements in accordance with this article.
HISTORY: 1992 Act No. 423, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2330. Application of funds to maintenance, repair and replacement of lines; conditions.

In the event that a political subdivision, pursuant to special or general act, has collected funds by way of front-foot assessments or per-parcel assessments to defray the cost of construction of sewer collection lines, these funds may be applied by the political subdivision to the maintenance, repair, and replacement of the lines as long as the following conditions are satisfied:
(1) the construction of all sewer collection lines for which the assessments were imposed and collected has been completed; and
(2) any obligations issued to finance the construction of the sewer collection lines have been discharged.
HISTORY: 1992 Act No. 423, Section 3.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2340. Requirements on political subdivision prior to expenditure of funds.

Before the expenditure of funds in accordance with this article, the political subdivision first shall find by resolution or ordinance that the conditions set forth in Section 5-31-2330 are satisfied. The political subdivision also shall set forth in its resolution or ordinance a general description of the properties upon which the assessments were imposed and a general description of the use to which the funds shall be applied; however, the funds shall be applied only to maintenance, repair, or replacement of those sewer collection lines in connection with which the assessments were imposed.
HISTORY: 1992 Act No. 423, Section 4.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2510. Definitions.

For purposes of this article:
(1) "Licensed health care provider" means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) "Special needs account customer" means the account of a residential customer:
(a) when the customer can furnish to the municipality furnishing electricity or natural gas to its citizens a certificate on a form provided by the municipality and signed by a licensed health care provider that states that termination of electric or gas service would be dangerous to the health of the customer or a member of his household at the premises to which electric or natural gas service is rendered; or
(b) who suffers from Alzheimer's disease or dementia as certified by a licensed health care provider.
HISTORY: 2006 Act No. 313, Section 1, eff June 1, 2006; 2012 Act No. 122, Section 1, eff February 22, 2012.
Effect of Amendment
The 2012 amendment in subsection (2), added the subsection identifiers, added subsection (b) relating to Alzheimer's disease, and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2520. Termination procedures; contents.

(A) Each municipality furnishing electricity or natural gas to its citizens must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each municipality must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the municipality, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
HISTORY: 2006 Act No. 313, Section 1, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2530. Third party notification program.

Each municipality furnishing electricity or natural gas to its citizens must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric or natural gas service is scheduled for termination.
HISTORY: 2006 Act No. 313, Section 1, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2540. Disconnection when public safety emergency exists.

Notwithstanding another provision of this article, a municipality furnishing electricity or natural gas to its citizens may disconnect a customer when it is determined that a public safety emergency exists.
HISTORY: 2006 Act No. 313, Section 1, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 31 - Electricity, Water, Natural Gas And Sewerage Systems › Section 5-31-2550. Right of action; duty of care.

This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article.
HISTORY: 2006 Act No. 313, Section 1, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-10. Acquisition and operation of ice plant authorized upon vote of electors.

The municipal authorities of any incorporated city or town in this State may acquire, by construction or purchase, and operate manufactories or plants for making ice and may furnish ice at wholesale or retail for reasonable compensation. But no such purchase or construction shall be made except upon a majority vote of the electors in such cities or towns who are qualified to vote on a proposed increase of the bonded indebtedness of any such city or town.
HISTORY: 1962 Code Section 59-541; 1952 Code Section 59-541; 1942 Code Section 7272; 1932 Code Section 7272; Civ. C. '22 Section 4426; 1920 (31) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-20. Supervisor of plant; bond; removal.

The mayor and council of any city or the mayor or intendant and wardens or council of any town acquiring an ice plant under the provisions of this chapter may appoint such suitable and competent person or persons as may be necessary to operate such ice plant, at salaries to be fixed by such municipal authorities, and the person or persons so appointed may be required to give bond for the faithful performance of their duties in a sum to be fixed by such municipal authorities. Such person or persons may be removed at the will and pleasure of such municipal authorities.
HISTORY: 1962 Code Section 59-544; 1952 Code Section 59-544; 1942 Code Section 7274; 1932 Code Section 7274; Civ. C. '22 Section 4427; 1920 (31) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-30. Selling price of ice.

The price at which the product of any such ice plant as may be established hereunder shall be sold may be fixed from time to time by the municipal authorities of any such city or town and shall be sufficient to reimburse such city or town for the expenses and cost of manufacture thereof, together with any interest for which such city or town may be liable upon any bonds issued for the purpose of acquiring such ice plant.
HISTORY: 1962 Code Section 59-545; 1952 Code Section 59-545; 1942 Code Section 7275; 1932 Code Section 7275; Civ. C. '22 Section 4428; 1920 (31) 1040.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-40. Sale of ice plant.

Should the city council of any city in this State which owns its ice plant or any board which controls any such plant at any time receive an offer for such plant, the city council or board may order a special election in the city for the purpose of determining whether or not such offer shall be accepted.
HISTORY: 1962 Code Section 59-546; 1952 Code Section 59-546; 1942 Code Section 7276; 1932 Code Section 7276; 1925 (34) 155; 1927 (35) 176; 1930 (36) 1388.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-50. Security required of proposed purchaser.

Prior to the ordering of such election the city council or board controlling the plant 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 59-547; 1952 Code Section 59-547; 1942 Code Section 7276; 1932 Code Section 7276; 1925 (34) 155; 1927 (35) 176; 1930 (36) 1388.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-60. Notice of election on issue of sale.

In the event such election be ordered four weeks' notice thereof shall be given by publication in a newspaper of general circulation in such city once in each week for four 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 59-548; 1952 Code Section 59-548; 1942 Code Section 7276; 1932 Code Section 7276; 1925 (34) 155; 1927 (35) 176; 1930 (36) 1388.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 33 - Ice Plants › Section 5-33-70. Sale authorized if election favorable; contract for operation; maximum rates.

In the event the result of the election is in favor of the acceptance of the offer so submitted to the people, the city council or board shall accept such offer, complete the sale by the conveyance to the purchaser of the property purchased and execute and deliver proper deeds of conveyance therefor. In connection with such sale, such city council or board 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 ice and may fix maximum rates therefor during such period as may then be agreed upon.
HISTORY: 1962 Code Section 59-551; 1952 Code Section 59-551; 1942 Code Section 7276; 1932 Code Section 7276; 1925 (34) 155; 1927 (35) 176; 1930 (36) 1388.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 35 - Water Front Improvements › Section 5-35-10. Cities of 10,000 or more empowered to condemn lands on water front.

When any city of this State having a population of ten thousand inhabitants or more and located upon a navigable stream, whether tidal or nontidal, desires to extend, improve, or protect its waterfront for public purposes, it may acquire by condemnation all private property, within or without the city or partly within and partly without the city, needed for the extension, improvement, or protection. The right conferred on the city includes the right to condemn the title or possession of any and all lands, water or riparian rights, wharves, docks, warehouses, buildings, rights-of-way, or any other property, including any property which may already have been condemned, when the property is taken for the purpose of establishing, improving, developing, maintaining, or operating the port and terminal utilities of the city for public purpose. Title acquired under this section shall vest absolutely in the city. No lands condemned under this section may be sold to private owners by the city.
HISTORY: 1962 Code Section 59-561; 1952 Code Section 59-561; 1942 Code Section 7554; 1932 Code Section 7569; Civ. C. '22 Section 4752; Civ. C. '12 Section 3094; 1909 (26) 170; 1920 (31) 904; 1953 (48) 272; 1987 Act No. 173, Section 12.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 35 - Water Front Improvements › Section 5-35-20. Filling up lowlands owned by private persons.

Whenever such extension, improvement or protection shall make necessary the filling up of lowlands, owned by private persons, to a level established by the city and such filling up is proposed to be accomplished by excavation from the bed of a stream bordering the water front so to be extended, improved or protected under a general plan established by the city, such lowlands may be filled up by the city at the expense of such private owners and the costs thereof shall be a lien upon the lands so filled up. The cost to each private owner shall be determined by the proportion which the cubic contents of the filling in each lot or parcel of land, separately owned, shall bear to the cubic contents of the whole area filled. If the municipality and the owner cannot agree as to the cost of the filling aforesaid to be borne by such private owner, then it shall be determined by a proceeding in the nature of an action against such property, to be instituted by the municipality in the court of common pleas for the county in which such municipality is situated, to recover the amount claimed to be due and the reasonable costs to be paid by such lot owner shall be determined by the jury as in the case of similar actions.
HISTORY: 1962 Code Section 59-562; 1952 Code Section 59-562; 1942 Code Section 7555; 1932 Code Section 7570; Civ. C. '22 Section 4753; Civ. C. '12 Section 3095; 1909 (26) 170.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 35 - Water Front Improvements › Section 5-35-30. Notification of proposed plan and fill levels.

The municipality shall first notify each private owner interested of the plan proposed and of the level up to which such lots are to be filled and of the general plan proposed and such private owners may, if they see fit, arrange to fill up their lands at their own expense, such filling up to be done either prior to or contemporaneously with the filling done by the city, and to be in accord with the general plan adopted. And the owner of any such land shall be entitled to use the mud or soil in the bed of the river in front of such land for the purpose of filling up his land, in preference to any other, to the extent necessary to fill such lands.
HISTORY: 1962 Code Section 59-563; 1952 Code Section 59-563; 1942 Code Section 7556; 1932 Code Section 7571; Civ. C. '22 Section 4754; Civ. C. '12 Section 3096; 1909 (26) 170.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 35 - Water Front Improvements › Section 5-35-40. Condemnation by city in cases of disagreement as to filling up lowlands.

In the event that any lot owner objects to the cost of filling his lot, such owner may require the municipality to purchase such lot at a price agreed upon between the municipality and the owner, and, in case of failure to agree upon the price, the municipality shall proceed to condemn such lot. And upon paying to the owner the price that may be fixed therefor, as herein provided, the title thereof shall vest in the municipality, which shall proceed to fill such lot and may sell it to reimburse itself for all expenses and charges.
HISTORY: 1962 Code Section 59-564; 1952 Code Section 59-564; 1942 Code Section 7557; 1932 Code Section 7572; Civ. C. '22 Section 4755; Civ. C. '12 Section 3097; 1909 (26) 170.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-10. Short title; authority of municipalities.

This chapter may be referred to as the "Municipal Improvement Act of 1999", and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
HISTORY: 1962 Code Section 59-599.151; 1974 (58) 2813; 1999 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-25. Consent required to use revenues for improvements outside municipality where improvement district is located.

A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
HISTORY: 1999 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-30. Improvements authorized; funding sources.

The governing body is authorized to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, by revenue bonds of the municipality, or from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust agreement or indenture pertaining thereto may contain provisions for the establishment of a reserve fund, and such other funds or accounts as are determined by the governing body to be appropriate to be held by the governing body or the trustee. The proceeds of any bonds may be applied to the payment of the costs of any improvements, including expenses associated with the issuance and sale of the bonds and any costs for planning and designing the improvements or planning or arranging for the financing and any engineering, architectural, surveying, testing, or similar costs or expenses necessary or appropriate for the planning, designing, and construction or implementation of any plan in connection with the improvements.
HISTORY: 1962 Code Section 59-599.153; 1974 (58) 2813; 1999 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-35. Assessments for fund improvements not to be imposed on property not located in improvement district; exception for bonds issued pursuant to Section 5-37-30.

(A) Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements must not impose or be derived from, in whole or in part, a tax or assessment on property not located in the improvement district. Bonds issued pursuant to Section 5-37-30, however, may be made payable from assessments imposed on property located in the improvement district, and may be additionally secured, in whole or in part, by the full faith, credit, and taxing power of the municipality, if the governing body of the municipality certifies on the date of issuance of the bonds that the assessments as imposed are sufficient as to both amount and duration to pay all debt service on these bonds as they become due.
(B) The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a "system" pursuant to Section 6-21-40.
HISTORY: 2000 Act No. 384, Section 2; 2010 Act No. 282, Section 2, eff June 16, 2010; 2010 Act No. 290, Section 33.B, eff January 1, 2011.
Effect of Amendment
The two 2010 amendments made the same changes rewriting this section.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-45. Inclusion in improvement district of area in which the proposed improvements have been constructed or are under construction; exceptions.

(A)(1) The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district.
(2) Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved must be entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.
(B) The provisions of item (2) of subsection (A) do not apply to any area proposed for inclusion within an improvement district which, within three years prior to the date of the adoption of the resolution required by Section 5-37-50, is subject to a development agreement pursuant to the South Carolina Local Government Development Agreement Act.
HISTORY: 1988 Act No. 505 Section 3; 1999 Act No. 118, Section 2; 2001 Act No. 93, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-50. Resolution regarding improvement plan and public hearing.

The governing body, by resolution adopted, shall describe the improvement district and the improvement plan to be effected, including a property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost and the amount of the cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of assessments to be imposed within the improvement district. However, except in the case of an improvement district in which the sole improvements are the widening and dredging of canals and waterways that are connected to canals as described in Section 48-39-130(D)(10), owner-occupied residential property that is taxed, or will be taxed pursuant to Section 12-43-220(c), must not be included within an improvement district unless the owner, at the time the improvement district is created, gives the governing body written permission to include the property within the improvement district. The resolution also shall establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of the resolution, at which an interested person may attend and be heard, either in person or by attorney, on a matter in connection with the improvement district.
HISTORY: 1962 Code Section 59-599.155; 1974 (58) 2813; 1999 Act No. 118, Section 2; 2005 Act No. 109, Section 8, eff June 2, 2005; 2010 Act No. 282, Section 4, eff June 16, 2010; 2010 Act No. 290, Section 33.E, eff January 1, 2011; 2012 Act No. 268, Section 3, eff June 20, 2012.
Effect of Amendment
The 2005 amendment, in the second sentence, added "or will be taxed" and "at the time the improvement district is created".
The two 2010 amendments made the same changes and rewrote this section.
The 2012 amendment inserted "and waterways that are connected to canals as described in Section 48-39-130(D)(10)" and made other, nonsubstantive, changes throughout the section.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-60. Publication of resolution.

A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.
HISTORY: 1962 Code Section 59-599.156; 1974 (58) 2813; 1999 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-70. Payment of costs of improvements.

The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any source not restricted from such use by law, or from any combination of such financing sources as may be provided in the improvement plan.
HISTORY: 1962 Code Section 59-599.157; 1974 (58) 2813; 1999 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-80. Assessments upon property owners.

The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
HISTORY: 1962 Code Section 59-599.158; 1974 (58) 2813; 1999 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 37 - Municipal Improvements Act Of 1999 › Section 5-37-90. Improvements as property of municipality; use of special assessments.

The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.
HISTORY: 1962 Code Section 59-599.159; 1974 (58) 2813; 1981 Act No. 115, Section 2; 1991 Act No. 116, Section 2; 1999 Act No. 118, Section 2.