South Carolina General Assembly
108th Session, 1989-1990

Bill 3501

                    Current Status

Bill Number:               3501
Ratification Number:       62
Act Number                 301
Introducing Body:          House
Subject:                   Approving the dissolution of the Una
                           Water District
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A301, R62, H3501)

AN ACT APPROVING THE DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 582 OF 1955 RELATING TO THE UNA WATER DISTRICT.

Be it enacted by the General Assembly of the State of South Carolina:

Findings:

SECTION 1. The General Assembly finds that:

(1) there is a special purpose district in Spartanburg County known as the Una Water District. The Una Water District, created by Act 582 of 1955, has been granted the authority to operate a water distribution system and sewerage collection system within the boundaries of the district, and the Una Water District also has been granted the authority to provide fire protection services within the district;

(2) the Una Water District entered into an agreement with the Commissioners of Public Works of the City of Spartanburg whereby the Una Water District transferred its water distribution system and related assets to the Commissioners of Public Works of the City of Spartanburg after a favorable vote of a majority of the qualified electors of the Una Water District voting in a special election concerning this matter;

(3) the Una Water District entered into an agreement with the Spartanburg Sanitary Sewer District whereby the Una Water District transferred its sewerage collection system and related assets to the Spartanburg Sanitary Sewer District after a favorable vote of a majority of the qualified electors of the Una Water District voting in a special election;

(4) the special election was held September 20, 1988, and a majority of the qualified electors of the Una Water District voting in the special election voted in favor of authorizing the Commissioners of the Una Water District to transfer and convey the Una Water District's water distribution and sewerage collection systems and to further authorize the Commissioners of the Una Water District to transfer the Una Water District's fire protection assets to a third party responsible for providing fire protection services within the district;

(5) the Spartanburg County Council has created a special taxing district known as the Una Fire Service Area for purposes of providing for fire protection for residents and property within the Una Water District now that the Una Water District has ceased to provide fire protection services. Act 1503 of 1970 provided the Spartanburg Sanitary Sewer District with authority to acquire and assume the operations, assets, and liabilities of the sewerage collection system owned, operated, and maintained by the Una Water District at such time as the Una Water District desired to convey its sewerage collection system to the Spartanburg Sanitary Sewer District.

Una Water District, water system transferred

SECTION 2. The Commissioners of the Una Water District owned and operated a water distribution system within the district and obtained its water supply from the water system operated by the Commissioners of Public Works of the City of Spartanburg. Pursuant to the agreement and the subsequent election, the Commissioners of the Una Water District have transferred and conveyed the system and related assets to the Commissioners of Public Works of the City of Spartanburg, and the Commissioners of Public Works of the City of Spartanburg, acting on behalf of the city, have assumed, to the extent provided for in the agreement with the Una Water District, the payment of principal and interest on all outstanding bonds pertaining to the Una Water District's water distribution system. Those actions are approved.

Una Water District, sewer system transferred

SECTION 3. The Commissioners of the Una Water District owned and operated a sewerage collection system within the district. Pursuant to the agreement, the subsequent election, and authority provided in Act 1503 of 1970, the Commissioners of the Una Water District have transferred and conveyed the system and related assets to the Spartanburg Sanitary Sewer District, and that the district has assumed, to the extent provided for in the agreement with the Una Water District, the payment of principal and interest on all outstanding bonds pertaining to the Una Water District's sewer system. Those actions are approved.

Una Water District, fire protection service

SECTION 4. The Commissioners of the Una Water District provided fire protection services within the area of the district. Pursuant to the agreements and the subsequent election, the Commissioners of the Una Water District have conveyed the fire protection assets to an eleemosynary corporation created for the purpose of providing fire protection services in the district, the Una Community Volunteer Fire Department Corporation. Spartanburg County Council has passed a resolution for the creation of a special taxing district for fire protection services within the area served by the Una Water District before the transfer of the fire protection assets. Those actions are approved.

Una Water District dissolved

SECTION 5. At such time as the Una Water District transfers and conveys its assets as prescribed in Sections 2, 3, and 4 of this act, the Una Water District shall cease to exist, except for the purposes of winding up its affairs and discharging its obligations under the bonds of the district then outstanding.

Officers' terms terminated

SECTION 6. Upon the transfer and conveyance of the Una Water District's water distribution system, sewerage collection system, and fire protection assets, the Commissioners of the Una Water District have no further powers or duties, except to wind up the affairs of the Una Water District, and the offices held by the Commissioners of the Una Water District are abolished after all such matters have been completed. The Commissioners of the Una Water District shall not make any obligations, either written or oral, which financially or otherwise further obligate the district. There may be no further elections held to fill a vacancy on the Board of Commissioners of the Una Water District should a vacancy occur before the winding up of the affairs of the Una Water District and the final dissolution of the district itself.

Notice of dissolution

SECTION 7. After winding up the affairs of the Una Water District, the commissioners shall notify Spartanburg County Council that no further business remains to be transacted by the district, and that there is no further need for the district to continue in existence. The final dissolution of the Una Water District is effective when the notice is received by Spartanburg County Council.

Repeal

SECTION 8. Act 582 of 1955 is repealed.

Time effective

SECTION 9. This act takes effect upon approval by the Governor.