Current Status BillNumber: 2878 Ratification Number: 176 Act Number: 101 Introducing Body: House Subject: Enoree-Lanford fire district createdView additional legislative information at the LPITS web site.
(A101, R176, S2878)
AN ACT TO CREATE THE ENOREE-LANFORD FIRE DISTRICT IN LAURENS AND SPARTANBURG COUNTIES, TO ESTABLISH A GOVERNING COMMISSION, AND PRESCRIBE FUNCTIONS AND POWERS FOR THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Enoree-Lanford Fire District created
SECTION 1. There is created in Laurens and Spartanburg Counties the Enoree-Lanford Fire District (district). It consists of areas of Laurens and Spartanburg Counties described as follows:
"Beginning at a point where the Spartanburg County line intersects with 1-26 on the Enoree River; then following 1-26 in a northwesterly direction to a point where 1-26 intersects South Carolina Highway 92; then following Hobbysville Fire Service boundary in a northwesterly direction to a point where Two Mile Creek intersects South Carolina Road 116; then following South Carolina Road 116 in a southerly direction (approximately four thousand feet) to its intersection with U. S. Highway 221; then following U.S. Highway 221 (approximately three thousand feet) in a northwesterly direction to its intersection with South Carolina Road 234; then following South Carolina Road 234 (approximately seven thousand, five hundred feet) in a westerly direction to its intersection with South Carolina Road 202; then following South Carolina Road 202 (approximately eight thousand and feet) in a southerly direction, continuing this course to the Enoree River; then following the Enoree River in a southeasterly direction to South Carolina Road 112; then following South Carolina Road south to the intersection of South Carolina Road 530 and South Carolina Road 112; then continuing due south across South Carolina Road 92 to where South Carolina Road 522 crosses Blackhead Creek: then following Buckhead Creek east to within two thousand feet of U.S. Highway 21 (including W. R. Grace Company); turning due south and following the line to the intersection with Warrior Creek; then following Warrior Creek to its intersection with Enoree River; then following the Enoree River south to its intersection with 1-26 at the point of beginning."
Governing body-election of
SECTION 2. The district must be governed by a commission to be known as the Enoree-Lanford Fire District Commission (commission). The commission shall consist of five resident electors of the district who shall be elected by the qualified electors of the district, and Laurens and Spartanburg Counties shall each have at least two resident commissioners. The election shall be conducted by the Laurens and Spartanburg County Election Commissions upon a date set by the commissions but not later than ninety days after the effective date of this act. The commissions shall give notice by publication sixty days prior to the election and a second notice two weeks after the first notice, in one or more newspapers with general circulation in the district. The election commissions in both counties shall certify the five candidates receiving the highest vote as the elected commissioners of the district. Beginning with the election in 1983, the terms of the three commissioners who receive the highest number of votes shall expire December 31, 1987, and an election must be held on the Tuesday following the first Monday in December, 1987, to elect their successors. The terms of the remaining two commissioners shall expire December 31, 1985, and an election must be held on the Tuesday following the first Monday in December, '1985, to elect their successors. Beginning with the election in 1985, all terms are for four years and such terms shall commence on the first day of January in the year following the election. The election must be held on the Tuesday following the first Monday of each of the odd years. Any vacancy occurring by reason of death, resignation, or otherwise, must be filled by the Governor, upon recommendation by the member of the House of Representatives in Laurens County from District 16 and in Spartanburg
County, from District 35 for the remainder of the unexpired term. Upon any commissioner moving out of the area of the district, his position shall become vacant.
Any resident qualified elector of the district may be a candidate for the position of commissioner by filing with the election commission of the county in which he resides at least thirty days prior to the election.
Powers
SECTION 3. There is committed to the district the functions of constructing, operating, maintaining, improving, and extending a
fire protection and fire control district. To that end the commission is empowered as follows:
1. Have perpetual succession.
2. Sue and be sued.
3. Adopt, use, and alter a corporate seal.
4. Make bylaws for the management and regulation of its affairs.
5. Acquire, purchase, hold, use, lease, mortgage, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest therein, and to acquire easements or other property rights necessary for the operation of its stated functions.
6. Purchase or otherwise acquire a supply of water sufficient to furnish proper fire protection and fire control to residents of the district.
7. Enter into contracts for the purchase of water and for maintenance of water pipes, hydrants, valves, and all equipment necessary to provide water for protection against and control of fire.
8. Appoint officers, agents, employees and servants, prescribe the duties of such, fix their compensation, and determine if and to what extent they must be bonded for the faithful performance of their duties.
9. Make contracts for construction, engineering, and other services with or without competitive bidding.
10. To purchase such fire fighting equipment as the commission deems necessary for controlling fires and furnishing fire protection in the district.
11. To select the sites or places within the area where the fire fighting equipment must be kept.
12. To provide personnel, voluntary or otherwise, necessary to man such equipment.
13. To provide and supervise the training of any volunteers used in manning such equipment with the end that the equipment must be fully utilized for the protection and control of fire within the district.
14. To be responsible for the upkeep, maintenance, and repairs of the trucks and other fire fighting equipment and to make regular inspection of all equipment and operations.
15. To promulgate such regulations as it may deem necessary and proper to insure that the equipment is utilized for the best advantage of the area.
16. To construct, if necessary, buildings to house the equipment provided for herein.
17. To borrow in anticipation of taxes on such terms and for such a period as the commission may deem most beneficial. The indebtedness must be evidenced by a note or notes issued by the members of the commission and the county treasurers of Laurens and Spartanburg Counties. The full faith, credit, and taxing power of the commission is hereby irrevocably pledged for the payment of the indebtedness; provided, that in no event shall the credit of Laurens and Spartanburg Counties be obligated for any indebtedness of the commission.
18. Do all other acts necessary or convenient to carry out any function or power granted to the district.
19. The commission is vested with the power to raise funds for discharging the duties vested in it by levying a tax therefor. The commission shall notify the auditors and treasurers of Laurens and Spartanburg Counties of any desired tax, which tax shall be uniform throughout the district, and they shall assess and collect the tax as requested and the treasurers shall hold the funds and disburse them as directed by the commission. All such taxes shall constitute a lien upon the property against which the same are levied, on a parity with the lien of county taxes, and the provisions of law relating to penalties for the nonpayment or tardy payment of county taxes, and the provisions relating to sale of property for delinquent county taxes shall apply to taxes levied pursuant to this act.
Rates
SECTION 4. The rates charged for services furnished by any revenue-producing facility of the commission, as constructed, improved, enlarged or extended, are not subject to supervision or regulation of any state bureau, board, commission, or other like instrumentality or agency thereof.
Property exempt from taxation
SECTION 5. The property of and income of the district is exempt from all taxes levied by the State, county, or any municipality, division, subdivision, or agency thereof direct or indirect.
Indebtedness
SECTION 6, So long as the district is indebted to any person on any bonds, notes, or other obligations issued pursuant to the authority of this act, the provisions of this act and the powers granted to the district and the commission may not be in any way diminished or restricted, and this provision of this act is deemed a part of the contract between the district and the holders of such obligations.
Fire chief's responsibilities
SECTION 7. The fire chief or equivalent official of the truck company to which the equipment is assigned shall have complete supervision over its usage and operation, and it is his responsibility to insure that the equipment is readily available for use at all times.
Vehicles
SECTION 8. Vehicles of the fire departments and vehicles of individual members of the fire departments in this district are designated and are deemed emergency vehicles while traveling to fires.
Parking within five hundred feet of fire apparatus
SECTION 9. It is unlawful in the fire district to park within five hundred feet of a place where fire apparatus is stopped in answer to a fire alarm nor shall anyone cause any highway, road, either public or private, in such area to be blocked by his vehicle in such a manner that fire apparatus will be hindered from reaching the scene of the fire. It is also unlawful to drive a vehicle over any unprotected hose of a fire department on any street, road, or private driveway when such hose is being used for fire fighting without consent of the fire department official in command. Any person who violates the provisions of this section is deemed guilty of a misdemeanor and upon conviction must be fined not less than ten dollars nor more than one hundred dollars.
Control of traffic at scene of fire
SECTION 10. All members of the truck company of fire districts, employees, or volunteers may direct and control traffic at the scene of any fire in the area of the county and enforce the laws of this State relating to the following of fire apparatus, the crossing of fire hose, and interfering with firemen in the discharge of their duties in connection with a fire in the same manner as provided for the enforcement of such laws by law enforcement officers.
Unlawful to destroy any facilities of the district
SECTION 11. It is unlawful for any person to wilfully destroy or damage any facility of the district, or equipment used in the operation of such facility, to interfere with a member of a fire department in the discharge of his duties in the district or to interfere with any fire apparatus used by the fire department in the district. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than thirty dollars nor more than one hundred dollars or be imprisoned not exceeding thirty days.
Time effective
SECTION 12. This act shall take effect upon approval by the Governor.
Approved the 9th day of June, 1983.