South Carolina General Assembly

115th Session, 2003-2004

A345, R438, H5257

STATUS INFORMATION

General Bill

Sponsors: Rep. Stille

Document Path: l:\council\bills\dka\3945dw04.doc

Companion/Similar bill(s): 3712

Introduced in the House on May 13, 2004

Introduced in the Senate on May 20, 2004

Last Amended on June 2, 2004

Passed by the General Assembly on June 3, 2004

Governor's Action: July 6, 2004, Signed

Summary: Donalds-Due West Water and Sewer Authority

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

5/13/2004 House Introduced, read first time, placed on calendar without reference HJ74

5/19/2004 House Read second time HJ40

5/20/2004 House Read third time and sent to Senate HJ45

5/20/2004 Senate Intd.& placed on local & uncontested cal.w/o reference SJ4

6/2/2004 Senate Amended SJ132

6/2/2004 Senate Read second time SJ132

6/2/2004 Senate Unanimous consent for third reading on next legislative day SJ132

6/3/2004 Senate Read third time and returned to House with amendments SJ19

6/3/2004 House Concurred in Senate amendment and enrolled HJ68

6/3/2004 Ratified R 438

7/6/2004 Signed By Governor

7/13/2004 Copies available

7/13/2004 Effective date 07/06/04

10/20/2004 Act No.345

VERSIONS OF THIS BILL

5/13/2004

5/13/2004-A

5/20/2004

6/2/2004

(A345, R438, H5257)

AN ACT TO AMEND ACT 1675 OF 1972, AS AMENDED, RELATING TO THE DONALDSDUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION, TO ADD AND DEFINE THE EXTENDED SERVICE AREA OF THE AUTHORITY FROM WHICH THESE TWO NEW MEMBERS SHALL RESIDE, AND TO MAKE CONFORMING AMENDMENTS.

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

At-large member

SECTION 1. The atlarge member of the DonaldsDue West Water Authority shall continue to serve until the expiration of his term, after which his successor must be recommended as provided in Section 3 of Act 1675 of 1972 as amended by this act.

Service area

SECTION 2. Section 2 of Act 1675 of 1972 is amended to read:

“Section 2. The service area of the authority must be:

(1) Beginning at a point being the extreme northeast corner of Abbeville County at U. S. Highway No. 25 bridge across the Saluda River near Ware Shoals, South Carolina, being the point of beginning; thence northwest approximately 6.8 miles along the Saluda River to its intersection with the Abbeville and Anderson County line; thence southwest along the Abbeville and Anderson County line approximately 14.4 miles to a point 500 feet south of the intersection of the Abbeville County line and South Carolina Highway No. 201; thence southeast across country approximately 8.2 miles along a line 500 feet south and parallel to South Carolina Highway No. 201 to a point at the intersection of said line and South Carolina Highway No. 100; thence northeast across country in a straight line, approximately 7.2 miles to the intersection of Long Cane Creek and the Abbeville County line; thence northeast approximately 1.4 miles along the Abbeville County line to a point 500 feet south of the intersection of the Abbeville County line and U. S. Highway 178; thence southeast across country approximately 1.0 miles along a line 500 feet south and parallel to U. S. Highway 178 to a point 1,000 feet east of South Carolina Highway No. 54 and 500 feet southeast of U. S. Highway 178; thence northeast across country approximately 4.3 miles along a line 1,000 feet southeast and parallel to South Carolina Highway No. 420 to a point at the intersection of said line and the city limits of Ware Shoals, South Carolina, thence northwest approximately 1.4 miles along the city limits of Ware Shoals, South Carolina, to a point at the intersection of Ware Shoals city limits and the Abbeville County line; thence northeast approximately 1.3 miles along the Abbeville County line to a point being the extreme northeast corner of Abbeville County at U. S. Highway No. 25 bridge across the Saluda River, near Ware Shoals, South Carolina, being the point of beginning.

(2) The extended service area of the authority begins at a point being the extreme southwest corner of the existing service area boundary located 500 feet south of South Carolina Highway 201 at the intersection of said line and South Carolina Highway 100; thence northeast across country in a straight line approximately 7.2 miles to the intersection of Long Cane Creek and the Abbeville County line; thence in a southeasterly direction across country along the county line approximately 18.5 miles to a point 1,000 feet south of Cedar Springs Road; thence across country in a northwesterly direction approximately 6.3 miles along a line 1,000 feet south and parallel to Cedar Springs Road to a point 1,000 feet south of and perpendicular to Thompson Circle; thence running across country in a northeasterly direction approximately 1.1 miles along a straight line 1,000 feet north and parallel to Airport Road continuing to a point intersecting Norris Creek; thence in a northwesterly direction approximately 1.3 miles along the centerline of Norris Creek to a point intersecting the existing Abbeville City limits approximately 1,000 feet south of where the city limits intersects with Secession Avenue; thence in a northeasterly direction approximately 0.8 miles parallel to the existing city limits line to a point 1,000 feet south of South Carolina Highway 72; thence in an easterly direction across country approximately 1 mile along a line 1,000 feet south and parallel to South Carolina Highway 72 to a point 1,000 feet south of the intersection of South Carolina Highway 72 and South Carolina Highway 133; thence in a northerly direction across country along a straight line 1,000 feet to the intersection of South Carolina Highway 72 and South Carolina Highway 133; thence in a northerly direction 1,000 feet across country along a straight line to a point; thence in a northeasterly direction across country approximately 0.7 miles along a line 1,000 feet north and parallel to South Carolina Highway 133 to a point in McCord Creek; thence in a counterclockwise direction for an approximate total of 1.8 miles parallel to the centerline of McCord Creek and the property line of the Abbeville SeventyTwo Industrial Park and then continuing away from McCord Creek along the Industrial Park property line to a point in Mount Olive Church Road approximately 0.3 miles southeast of Mount Olive Church Road’s intersection with Old Hodges Road; thence in a southwesterly direction across country approximately 0.5 miles along a line 1,000 feet south of and parallel to Old Hodges Road to a point intersecting the existing Abbeville City limits; thence parallel to the existing city limits of Abbeville in a counterclockwise direction approximately 5.9 miles in a meandering direction to a point 1,000 feet south of the intersection of South Carolina Highway 20 and the South Carolina Highway 28 Bypass (2028 Connector); thence running across country in a northerly direction approximately 2.1 miles along a line 1,000 feet west and parallel to South Carolina Highway 20 to a point 1,000 feet west of the intersection of South Carolina Highways 20 and 201; thence running in a northwesterly direction approximately 1.9 miles along a line parallel and 1,000 feet west of South Carolina Highway 201 to the point of beginning. The extended service area described above is as shown on a map dated March 8, 2001, entitled ‘Map of Proposed Service Area Expansion’ prepared by DRE, Inc.”

Board to consist of seven members

SECTION 3. The first paragraph of Section 3 of Act 1675 of 1972 is amended to read:

“The authority shall consist of a board of seven members, none of whom must be officers of either Due West or Donalds, and who must be appointed by the Governor upon recommendations made in the following manner: two persons who are registered electors of the service area must be recommended for office in the authority by the Town Council of Due West; two persons who are registered electors of the service area must be recommended by the Town Council of Donalds; two members who must be residents of the Abbeville County service area, as described in item (2) of Section 2, for terms of three years, except initially, in order to stagger the terms, one must be appointed by the Governor upon recommendation by the Abbeville County Legislative Delegation for a term of two years beginning July 1, 2004; a seventh member must be recommended by a majority of the other six members so recommended. If the six members first named are unable to agree upon a seventh member, the two recommended by Donalds shall select a registered elector living within the service area, the two recommended by Due West shall select a registered elector living within the service area, and the two recommended by the Abbeville area, as described in item (2) of Section 2, shall select a registered elector living within the service area. If this occurs, lots must be cast to determine the name of the person to be recommended to the Governor as the seventh member of the authority. Immediately following the appointment of the seven members of the authority, they shall meet and organize by electing one of their members as chairman, a second as vice chairman, and a third as secretary. The terms of office of the chairman, vice chairman, and secretary are for one year, provided that the term of the initial officers expires on June 30, 1974. In order that the office of chairman is rotated, a chairman may not succeed himself immediately, and not less than one full year may expire before one, who has held the office of chairman, shall again become chairman.”

Expiration of term

SECTION 4. The fourth paragraph of Section 3 of Act 1675 of 1972, as last amended by Act 776 of 1976, is further amended to read:

“Upon the expiration of the term of office of a member of the authority, his successor must be appointed by the Governor based on recommendations as follows:

(a) Successors to members of the authority from the Due West Service Area must be appointed upon the recommendation of the Town Council of Due West.

(b) Successors to members of the authority from the Donalds Service Area must be appointed upon the recommendation of the Town Council of Donalds.

(c) Successors to members of the authority from the Abbeville Service Area, as described in item (2) of Section 2, must be appointed by the Governor upon the recommendation of the Abbeville County Legislative Delegation.

(d) The successor of the member selected at-large by the other members of the authority must be appointed on the recommendation of a majority of those other members.

If the six members appointed from the Donalds, Due West, and Abbeville County areas are unable to agree upon a seventh member by a majority vote, the members from the Donalds area, the Due West area, and the Abbeville area shall select a member for recommendation, and from these three the member to be appointed must be determined by lot and must be recommended by the authority. Vacancies must be filled in the manner of original selection. All members of the authority shall serve terms of three years and until successors are appointed and qualify.”

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2004.

Approved the 6th day of July, 2004.

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