The principal of and interest on any bonds issued under the authority of this article shall be secured by a pledge of the revenues from which such bonds shall be payable, may be secured by a trust indenture covering all or any part of the railroad and necessary equipment from which the revenues so pledged are derived. The proceedings under which such bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of revenues for any railroad covered by such proceedings or trust indenture, the maintenance and insurance of the railroad and necessary equipment, the creation and maintenance of special funds from the revenues of the railroad, and the rights and remedies available in the event of default to the bondholders or to the trustee under trust indenture, all as the director shall deem advisable and as shall not be in conflict with the provisions of this article; provided, however, that in making any such agreements or provisions, the division shall not have the power to obligate itself except with respect to the railroad and necessary equipment and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against the full faith, credit or taxing power of the State of South Carolina or any political subdivision thereof. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect revenues and to apply the revenues from the railroad in accordance with such proceedings or the provisions of such trust indenture. Any such trust indenture may provide also that in the event of default in payment or the violation of any agreement contained in the trust indenture, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the trust indenture or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement shall impose any pecuniary liability upon the division or department or any charge upon its general credit or against the full faith, credit or taxing power of the State of South Carolina, or any political subdivision thereof.
The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the director shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
HISTORY: 1993 Act No. 181, Section 247, eff July 1, 1993.
Structure South Carolina Code of Laws
Title 13 - Planning, Research and Development
Chapter 1 - General Provisions
Section 13-1-10. Department of Commerce established.
Section 13-1-20. Purposes of department.
Section 13-1-40. Advisory councils.
Section 13-1-50. Annual audit of department.
Section 13-1-60. Severability.
Section 13-1-310. Definitions.
Section 13-1-320. Objectives of division.
Section 13-1-330. Division made up of bureaus.
Section 13-1-340. Director of division; duties, powers and responsibilities.
Section 13-1-350. Director to assume duties of certain former boards, commissions, and councils.
Section 13-1-360. Confidentiality of information.
Section 13-1-370. Advisory committee of the Division of State Development.
Section 13-1-380. Recycling Market Development Advisory Council.
Section 13-1-610. Definitions.
Section 13-1-620. Rights and powers of director.
Section 13-1-630. Area of director's powers.
Section 13-1-640. Issuance of revenue bonds to fund projects.
Section 13-1-660. Specifics of revenue bonds and their issuance.
Section 13-1-670. Principal and interest on bonds exempt from taxation.
Section 13-1-690. Signature on bonds.
Section 13-1-700. Manner of sale of bonds.
Section 13-1-710. Report to State Treasurer following issuance of bonds.
Section 13-1-720. Enforceability of orders, covenants, and agreements related to bonds.
Section 13-1-730. Bonds to constitute limited obligations of division; payment on bonds.
Section 13-1-740. Investment of funds.
Section 13-1-750. Carryover of funds to subsequent fiscal years.
Section 13-1-780. Promulgation of regulations.
Section 13-1-790. Establishment of corporations by director.
Section 13-1-800. Payment in lieu of property taxes on property of division.
Section 13-1-810. Division's status as "agency".
Section 13-1-1000. Definitions.
Section 13-1-1010. Commission created; purpose; purchase and sale of aeronautics assets.
Section 13-1-1020. Commission districts; election and appointment of members.
Section 13-1-1060. Oath of office.
Section 13-1-1080. Appointment of executive director.
Section 13-1-1090. Qualifications for commission chairman and members.
Section 13-1-1110. Organization and objectives of division.
Section 13-1-1310. Division of Public Railways created.
Section 13-1-1320. Definitions.
Section 13-1-1330. Powers and duties of director of division.
Section 13-1-1340. Transfer of certain common carrier switching operations to division.
Section 13-1-1350. Power of director to extend division's operations.
Section 13-1-1355. Transfer of certain railroad equipment.
Section 13-1-1360. Bonds of division to be limited obligations.
Section 13-1-1370. Bonds to be secured by pledge of division revenues.
Section 13-1-1380. Contract terms for construction and equipment.
Section 13-1-1400. Power of director over disbursement of bond proceeds.
Section 13-1-1410. Books of additional acquisitions to be kept separately.
Section 13-1-1420. Application of proceeds from sale of bonds.
Section 13-1-1430. Refunding of bonds.
Section 13-1-1440. Bonds to be lawful investments.
Section 13-1-1450. Bonds, revenue, and property of division to be tax exempt.
Section 13-1-1470. Director not subject to other limitations.
Section 13-1-1710. Coordinating Council for Economic Development.
Section 13-1-1720. Purpose and duties of council.
Section 13-1-1740. Recommendations by council; review of agency requests for appropriations.
Section 13-1-1750. Funding; technical advisory committees; data sources.
Section 13-1-1760. Council not to infringe on autonomy of other agencies.
Section 13-1-1780. Agricultural businesses considered for economic development awards.
Section 13-1-1810. Transfer of powers relating to regional education centers.
Section 13-1-1820. Department to provide oversight to regional education centers.
Section 13-1-2030. Coordinating Council for Workforce Development created; membership; duties.