South Carolina General Assembly
114th Session, 2001-2002

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Bill 4234


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4234
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010531
Primary Sponsor:                  Townsend
All Sponsors:                     Townsend
Drafted Document Number:          l:\council\bills\swb\5525djc01.doc
Residing Body:                    House
Current Committee:                Education and Public Works Committee 21 
                                  HEPW
Subject:                          Belton-Honea Path Water Authority, 
                                  Anderson County; membership, election, duties 
                                  of; Water and Sewer


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010531  Introduced, read first time,           21 HEPW
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND ACT 76 OF 1961, AS AMENDED, RELATING TO THE BELTON-HONEA PATH WATER AUTHORITY IN ANDERSON COUNTY, SO AS TO PROVIDE THAT THE AUTHORITY HAS AN AFFIRMATIVE DUTY TO SUPPLY WATER TO ALL POPULATED AREAS WITHIN THE DISTRICT AND TO REQUIRE THE AUTHORITY TO PROVIDE WATER AND WATER SERVICES IN ALL OF ITS SERVICE AREA OR CONTRACT WITH AN ENTITY CAPABLE OF PROVIDING WATER TO THAT PORTION OF ITS SERVICE AREA NOT SERVED BY THE AUTHORITY SO AS TO PROVIDE ADEQUATE WATER AND WATER SERVICE IN THAT PORTION OF ITS SERVICE AREA NOT HAVING ADEQUATE WATER OR WATER SERVICE; TO PROVIDE THAT IT IS THE DUTY OF THE AUTHORITY TO PROVIDE TREATED WATER TO THE MUNICIPAL WATERWORKS OF BELTON AND HONEA PATH AND TO PIPE, PURCHASE, CONTRACT FOR WATER, WATER SERVICE AND INFRASTRUCTURE, OR OTHERWISE PROVIDE TREATED WATER TO ALL OTHER POPULATED AREAS WITHIN THE SERVICE AREA OF THE AUTHORITY; TO DEFINE THE SERVICE AREA OF THE AUTHORITY SO AS TO INCLUDE THAT PORTION OF THE TOWN OF HONEA PATH LYING WITHIN ABBEVILLE COUNTY WITHIN THE SERVICE AREA; TO PROVIDE THAT THE MEMBERS OF THE GOVERNING BOARD OF THE AUTHORITY MUST BE ELECTED, TO PROVIDE ELIGIBILITY REQUIREMENTS FOR VOTING, AND TO PROVIDE FOR POLLING PLACES WITHIN THE DISTRICT; TO PROVIDE RESIDENCY REQUIREMENTS FOR MEMBERS OF THE AUTHORITY AND FOR FILLING VACANCIES AND THE TERMS OF OFFICE OF ELECTED AND EX OFFICIO BOARD MEMBERS, TO PROVIDE FOR THE FIRST ELECTION OF MEMBERS TO THE BOARD OF THE BELTON-HONEA PATH WATER AUTHORITY; AND TO PROVIDE FOR THE TERMINATION OF THE TERMS OF OFFICE OF THE APPOINTED MEMBERS PRESENTLY SERVING ON THE BOARD OF THE AUTHORITY WHEN THEIR SUCCESSORS ARE ELECTED AND QUALIFIED; TO PROVIDE THAT THE AUTHORITY IS AUTHORIZED TO BUY WATER FROM WATER COMPANIES, MUNICIPALITIES AND WATER DISTRICTS FOR RESALE AND USE INSIDE OF ITS SERVICE AREA; TO FURTHER PROVIDE FOR CERTAIN POWERS AND DUTIES OF THE AUTHORITY; AND TO PROVIDE THAT RATES CHARGED BY THE AUTHORITY FOR WATER MUST BE UNIFORM WITHIN EACH CLASS OF WATER PATRON.

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

SECTION    1.    (A)    Notwithstanding any other provision of law, the Belton-Honea Path Water Authority has an affirmative duty to either supply water and water services, in reasonable kind and quality and at reasonable cost, to all populated areas within its service area or to contract with another entity to provide water, water services, and infrastructure in order to supply water and water services to all populated areas within its service area that presently do not have adequate water. The Authority must use each, every, and all of the powers granted to the Authority by law to the extent necessary in order to fulfill its duty to provide water and water services to all populated areas within its service area. If the Authority cannot or does not supply water, water services, and the necessary infrastructure to a populated area within its service area in kind, then the Authority must contract with an adjoining or an otherwise available water district, water authority, water supplier, or other public or private entity having the capacity of supplying water, water services, and infrastructure, in order to provide water and water services, in reasonable kind and quality and at reasonable cost, to all populated areas within its service area that are not served by the Authority and do not have water and water services.

    (B)    The engineer of Anderson County at the request of the Belton-Honea Path Water Authority, and upon payment of the necessary costs, shall prepare plans for the construction of water, water service, infrastructure, sewer lines, sewerage disposal plants, water lines, and drainage facilities for all populated areas within the Belton-Honea Path Water District that do not have adequate water, water service, and infrastructure, including sewer lines, sewerage disposal plants, water lines, and drainage facilities. The Authority may, in its discretion, authorize and provide for the construction of sewerage lines, sewerage disposal plants, water lines, or drainage facilities pursuant to the county engineer's plans. The Authority may employ other engineers or surveyors for carrying on the work of this district as they deem necessary and proper.

    (C)    The Authority may accept or reject the county engineer's plan in whole or in part, and shall have full power and authority to let contracts for the building, construction, excavation, and completion of any and all such works and improvements which may be needed to carry out the intention and purposes of this act; and to let contracts, to employ men, equipment, supplies, and materials for the construction and maintenance of sewerage lines, sewerage disposal plants, water lines, and drainage facilities. The Authority may, in its discretion, let contracts for such works and improvements, either as a whole or in part. When a contract or contracts are to be let they must be advertised and let to the lowest and best bidder. The successful bidder shall give an approved bond, with ample security, conditioned that the contractor will well and truly carry out the contract for the work and improvements. The contract must be in writing and complete plans and specifications of the work to be done and improvements to be made prepared by the county engineer or such other engineer as shall be employed by the Authority, shall be incorporated in and attached to the contract. The contract shall be prepared by the attorney or attorneys employed by the Authority and approved by the Authority and signed by its chairman and the contractor, and must be executed in duplicate. The engineer for Anderson County or engineers employed by the Authority shall supervise all works and improvements, and shall, at least once each year or when requested by the Authority, make a full report of all work done and improvements made, together with any suggestions and recommendations they deem necessary and proper.

SECTION    2.    Section 2 of Act 76 of 1961 is amended to read:

"Section 2. There is hereby created the Belton-Honea Path Water Authority (hereinafter called the 'Authority') which is a body corporate and politic of perpetual succession to be known as the Belton-Honea Path Water Authority (hereinafter called the "Authority"). It shall be is the duty and function of the Authority to effect the construction of a waterworks system, utilizing therefore waters in the Saluda River at such convenient point or points as the Authority shall from time to time select to effect the flow of water from the Saluda River through the means of canals, aqueducts, or other methods to a water treatment plant to be located in the service area by the Authority, and thereafter to pipe treated water to: the municipal waterworks systems of Belton and Honea Path; to pipe, purchase, contract for water, water services, and infrastructure, or otherwise provide treated water to all other populated areas within the service area of the Authority; and to such other domestic, commercial, or industrial users who can be conveniently or economically served within the service area of the Authority. The water intakes, canals, aqueducts, water mains, treatment plants, distribution facilities, any reservoirs deemed necessary for the impounding of water, their several component parts, and all apparatus, equipment, and property incident thereto or used or useful in the operation thereof, and all additions, improvements, extensions, and enlargements to any of the same, shall henceforth be referred to collectively in this act as the System. The Authority shall have the further functions and duties prescribed by this act, and shall have all of the powers herein granted."

SECTION    3.    Section 3 of Act 76 of 1961, as last amended by Act 1706 of 1972, is further amended to read:

"Section 3.    (A)    The service area of the authority shall be is:

        (1)    That section of Anderson County bounded on the east and northeast by the Saluda River: on the south and southeast by the Abbeville County line; on the west, beginning at its southernmost point, by Rocky River to the junction of Rocky River and Hen Coop Creek, thence by Hen Coop Creek northwardly to a point 200 feet north of S. C. Highway 252, thence by a line parallel to and 200 feet east of S. C. Highway 252, S. C. Highway 413, State Road 246 and State Road 148 to the point of intersection of such line with a line two miles from the city limits of Belton; on the north by a line two miles from the city limits of Belton and a line two miles north and northwest from the center line of S. C. Highway 247; being more particularly shown on a map of the same recorded in the Office of the Clerk of Court of Anderson County in Charter Book 6, at Page 441.; and

        (2)    That section of Abbeville County situate, lying and being within the city limits of Honea Path.

    (B)    For the purpose of dividing the water district into areas known as the Belton area and Honea Path area, a straight line shall be extended beginning at a point on the Saluda River, the point being midway between the northern and southern boundary of the water district and extending in a southwesterly direction bisecting the overhead bridge located on the highway known as both U. S. 178 and U. S. 76 between Belton and Honea Path and extending to and ending at the western boundary of the water district."

SECTION    4.    Section 4 of Act 76 of 1961, as last amended by Act 664 of 1971, is further amended to read:

"Section 4.    The authority water district and its service area is governed by the Belton-Honea Path Water Authority and shall consist of a board of seven nine voting members, and two nonvoting ex officio members. One voting member of the board must be elected from each of the following areas or precincts within the district: the Town of Belton; the Town of Honea Path, including that portion of the Town of Honea Path lying within the County of Abbeville; Wright School; Craytonville; Barkers Creek/McAdams; High Point; Friendship; and Toney Creek. One voting member must be elected from the district at large. one One of the nonvoting ex officio members whom shall be the superintendent of the water department of Belton, ex officio,. The other one of nonvoting ex officio members whom shall be the superintendent of the water department of Honea Path, ex officio, and five of whom shall be appointed by the Governor for terms of six years and until their successors are appointed and qualify. Candidates for election to the Authority must be qualified electors and residents of the area within the district they are elected from.         The election commissioners of Anderson County must conduct the first election to elect members to the Authority as required by this section within one hundred twenty days after the effective date of this act. At the first election required by this section the four candidates receiving the highest number of votes shall serve for an initial term of four years. The five candidates receiving the next highest number of votes shall serve for an initial term of two years. Thereafter, the term of office for all elected members of the Authority is four years. In the event of a vacancy on the board of an elected member his successor shall be appointed by the Governor to fill the unexpired term upon the recommendation of the Anderson County Legislative Delegation. The ex officio members shall serve on the board at the pleasure of the governing body of their respective towns. Vacancies may be filled and they may be replaced on the board at anytime by their respective governing bodies. Upon the expiration or vacancy of the term of office of any appointed member of the authority, his successor shall be recommended by the city council of either Belton or Honea Path who recommended the member of the authority whose term is expiring or becoming vacant and who shall be appointed by the Governor. The successor of the member appointed from Anderson County at large shall be appointed by the Governor upon the recommendation of the other six members. In the event there is a vote of three to three for the recommendation of the successor to the member appointed from the county at large, the tie shall be broken by the drawing of lots between the two candidates. The members of the authority shall elect a chairman, vice chairman, and secretary who shall serve for terms of one year. In order that the office of the chairman shall be rotated, no chairman shall immediately succeed himself and not less than one full year shall expire before a former chairman shall again become chairman.

For the purpose of dividing the water district into areas known as the Belton area and Honea Path area, a straight line shall be extended beginning at a point on the Saluda River, the point being midway between the northern and southern boundary of the water district and "tending in a southwesterly direction bisecting the overhead bridge located on the highway known as both U. S. 178 and U. S. 76 between Belton and Hones, Path and extending to and ending at the western boundary of the water district.

Each elected member of the authority Authority shall receive as compensation for his services five seventeen dollars per for each meeting attended not to exceed one meeting per month and not to exceed sixty six hundred dollars per in any one year. In addition, elected and ex officio members are entitled to reimbursement for expenses for food, lodging, transportation expenses, mileage, and other expenses necessarily incurred in the performance of official business for the Authority at the same rate paid to State employees for the same or similar expenses. All vouchers for reimbursement of members must be approved by a majority of the elected members of the Authority.

    Notwithstanding the expiration of the term of office of any elected member of the authority he shall continue to serve until his successor shall have been elected, or appointed and qualified, but any delay in appointing a successor shall not extend the term of such successor.

    Notwithstanding any other provision of law, at any election for members of the Belton-Honea Path Water Authority after the effective date of this act, the election commissioners of Anderson County may establish voting places and define the area in which electors must reside to vote at such polling places, without regard to the voting places established by law for state and county elections. The commissioners may require qualified electors residing in that portion of the Town of Honea Path lying within the County of Abbeville to vote at a polling place within that portion of the Town of Honea Path lying within the County of Anderson. Only those qualified electors residing within the service area of the district thirty days before the date of the election are eligible to vote at elections for members of the Authority. A qualified elector residing within the service area of the Authority need not be a water patron of the Authority to be eligible to vote."

SECTION    5.    Section 5 of Act No. 76 of 1961, as last amended by Act 1706 of 1972, is further amended to read:

"Section 5.    To the end that the Authority shall not unduly compete with the existing public waterworks systems of Belton and Honea Path, the Authority shall not effect sales that will compete with the existing lines of Belton and Honea Path, but the Authority is authorized and shall have the right to sell and furnish water to water companies, municipalities and water districts for resale and use outside of its service area. The Authority is also authorized to buy water from water companies, municipalities, and water districts for resale and use inside of its service area."

SECTION    6.    Section 6 of Act 76 of 1961, as last amended by Act 248 of 1965, is further amended to read:

"Section 6.    (A)    In order that the Authority shall be fully empowered to construct the System, to operate it, and to enlarge and extend it, within the limits of the service area, it shall have the following powers:

        (1)    to have perpetual succession;

        (2)    to sue and be sued;

        (3)    to adopt, use, and alter a corporate seal;

        (4)    to define a quorum for its meetings;

        (5)    to maintain a principal office;

        (6)    to make by-laws for the management and regulation of its affairs;

        (7)    to build, construct, maintain, and operate canals, aqueducts, ditches, tunnels, culverts, flumes, conduits, mains, pipes, dykes, dams, and reservoirs;

        (8)    to divert such quantities of available freshwater from the Saluda River as the Authority shall determine;

        (9)    to build, construct, maintain, and operate distribution systems for the distribution of water for domestic or industrial use;

        (10)    to acquire and operate any type of machinery, appliances, or appurtenances, necessary or useful in constructing, operating, and maintaining the System;

        (11)    to sell water for industrial or domestic use;

        (12)    to prescribe rates and regulations under which such water shall be sold for industrial and domestic use;

        (13)    to enter into contracts of long duration for the sale of water with persons, private corporations, municipal corporations, or public bodies or agencies, including the agencies operating the municipal water systems of Belton and Honea Path;

        (14)    to prescribe such regulations as it shall deem necessary to protect from pollution all water in its canals, aqueducts, reservoirs, distribution systems, or elsewhere within its System;

        (15)    to make contracts of all sorts and to execute all instruments necessary or convenient for the carrying on of the business of the authority;

        (16)    to lease or sell and convey lands, or interests therein;

        (17)    to make use of county and state highway rights-of-way in which to lay pipes and lines, in such manner and under such conditions as the appropriate officials in charge of such rights-of-way shall approve;

        (18)    subject always to the limitations of Section 4, Article VIII of the Constitution of this State, to make use of the streets and public ways of any incorporated municipality for the purpose of laying pipes and lines;

        (19)    to alter and change county and state highways wherever necessary to construct the System, under such conditions as the appropriate officials in charge of such highways shall approve;

        (20)    to exercise the power of eminent domain for any corporate function. The power of eminent domain may be exercised through any procedure prescribed by Sections 25-101 28-2-10 through 25-140 28-2-510 and 33-121 57-5-310 through 33-148 57-5-600, Code of Laws of South Carolina, 1952 1976, as now or hereafter constituted, it being the intent of this provision that further amendments and modifications of these Code code provisions shall be deemed to amend and revise correspondingly the powers granted by this paragraph;

        (21)    to appoint officers, agents, employees, and servants, to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they shall be bonded for the faithful performance of their duties;

        (22)    to make contracts for construction, engineering, legal, and other services, with or without competitive bidding;

        (23)    to borrow money and to make and issue negotiable bonds, notes, and other evidences of indebtedness, payable from all or any part of the revenues derived from the operation of its System. The sums borrowed may be those needed to pay all costs incident to the construction and establishment of the System, and any extension, addition, and improvement thereto, including engineering costs, construction costs, the sum needed to pay interest during the period prior to which the System, or any extension, addition, or improvement thereof, shall be fully in operation, such sum as is needed to supply working capital to place the System in operation, and all other expenses of any sort that the Authority may incur in establishing, extending, and enlarging the System. Neither the faith and credit of the State of South Carolina, nor of the municipalities of Belton and Honea Path, in Anderson County, shall be pledged for the payment of the principal and interest of the obligations, and there shall be on the face of each obligation a statement, plainly worded to that effect. Neither the members of the Authority, nor any person signing the obligations, shall be personally liable thereon. To the end that a convenient procedure for borrowing money may be prescribed the Authority shall be fully empowered to avail itself of all powers granted by Sections 59-361 6-21-10 through 59-415 6-21-570 and 59-651 6-17-10 through 59-682 6-17-320, Code of Laws of South Carolina, 1952 1976, as now or hereafter constituted, it being the intent of this provision that further amendments and modifications of these Code provisions shall be deemed to amend and revise correspondingly the powers granted by this paragraph. In exercising the powers conferred upon the Authority by such Code code provisions, the Authority may make or omit all pledges and covenants authorized by any provision thereof, and may confer upon the holders of its securities all rights and liens authorized by either such statute. Specifically, and notwithstanding contrary provisions in any of such Code code provisions, if contrary provisions there be, the Authority may:

            (1)(a)    disregard any provision requiring that bonds have serial maturities, and issue bonds with such maturities as the Authority shall determine;

            (2)(b)    provide that such bonds, notes, or other evidences of indebtedness be payable, both as to principal and interest, from the net revenues derived from the operation of its System, as such net revenues may be defined by the Authority;

            (3)(c)    covenant and agree that upon it being adjudged in default as to the payment of any installment of principal or interest upon any obligation issued by it, or in default as to the performance of any covenant or undertaking made by it, that in such event the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured;

            (4)(d)    confer upon a corporate trustee the power to make disposition of the proceeds from all borrowings and of all revenues derived from the operation of the System, in accordance with the resolutions adopted by the Authority as an incident to the issuance of any notes, bonds, or other types of securities;

            (5)(e)    dispose of all obligations at public or private sale, and upon such terms and conditions as it shall approve;

            (6)(f)    make provision for the redemption of any obligations issued by it prior to their stated maturity, with or without premium, and on such terms and conditions as the Authority shall approve;

            (7)(g)    covenant and agree that any cushion fund established to further secure the payment of the principal and interest of any obligations shall be in a fixed amount;

            (8)(h)    covenant and agree that no free service will be furnished to any person, firm, corporation, municipal corporation, or any subdivision or division of the State;

            (9)(i)     prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; and

            (10)(j)     prescribe the events of default and the terms and conditions upon which all or any obligations shall become or may be declared due before maturity and the terms and conditions upon which such declaration and its consequences may be waived.

        (24)    The municipalities of Belton and Honea Path and all public bodies and public agencies now or hereafter operating water distributions systems in Anderson County shall be fully empowered to enter into contract to buy water from the Authority. Such contracts shall extend over such period of time and shall contain such terms and conditions as shall be mutually agreeable to the Authority and to the contracting municipality, public body, or public agency.

    (B)    The Authority has the right, power, and authority to make and enter into contracts, easements, right-of-way, and water rights, across, over and under lands of the property owners in said districts, and when necessary shall have the power and authority to condemn lands for the purposes of this Act, the right of condemnation to be exercised in the same manner as now provided for the condemnation of rights-of-way by counties under Chapter 2, Title 28, Code of Laws of South Carolina, 1976.

    (C)    The Authority must keep its bylaws current, and must keep minutes of all of its meetings and a permanent record of all of its proceedings and written instruments made by it, and shall keep an accurate map of all work completed and proposed as authorized herein. The bylaws, minutes, record of proceedings, written instruments, and map of work completed are public records and must be made accessible to the public.

    (D)    All monies received by the Authority must be turned over to the County treasurer and deposited to the account of the Authority, to be drawn on by warrant of the Authority. The books of the Authority must be audited annually by the same person, firm, or corporation auditing the books of Anderson County."

SECTION 7. Section 7 of Act 76 of 1961 is amended to read:

"Section 7. The rates charged for services furnished by the System, as constructed, improved, enlarged and extended, must be uniform within each class of water patron but shall not be subject to supervision or regulation by any state bureau, board, commission or like instrumentality or agency thereof."

SECTION    8.    This act takes effect upon approval by the Governor.

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