South Carolina Code of Laws
Chapter 12 - Trident Economic Development Finance Authority
Section 13-12-30. Rights and powers of board.

The board has all the rights and powers of a body politic and body corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the right and power to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a seal;
(d) make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(e) acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. The authority has no power to pledge the credit and the taxing power of the State. If revenue financing is used, neither the faith and credit of the State nor of any county lying within the authority nor of the authority itself shall be pledged to the payment of the principal and interest of the obligations and there shall be on the face of such obligation a statement, plainly worded, to that effect;
(f) issue general obligation bonded indebtedness pursuant to Article X, Section 14 of the South Carolina Constitution, secured in whole or in part by a pledge of the full faith, credit, and taxing power of all taxable property in the authority;
(g) receive contributions, grants, donations, and payments from any source and to invest and disperse the authority's funds;
(h) encourage, assist, promote, and cooperate in the development of the area of the authority and to appear before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;
(i) develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property. The authority may retain, carry forward, and expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds only may be used in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;
(j) develop policies governing the use of, management, business, and control of the authority's property or facilities;
(k) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including revenue bonds as described in (e), general obligation bonds as described in (f) above, and refunding and advanced refunding notes and bonds, of the authority; to secure the payment of the obligations or any part by pledge of the full faith, credit, and tax power of the authority, mortgage, lien, pledge, or deed of trust on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness as set forth in Section 6-5-10 as now or hereafter amended; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness, whether issued or to be issued, as the authority considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness and the rights of the holders of the notes, bonds, or other evidences of indebtedness. In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the authority may, but is not required to, avail itself of or comply with any of the provisions of Chapter 21 of Title 11 in the event revenue bonds are issued or Chapter 15 of Title 11 in the event general obligation bonds are issued;
(l) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-12-40;
(m) make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-12-40, and to execute all instruments necessary or convenient for the carrying out of business;
(n) acquire rights-of-way and property necessary for the accomplishment of its duties and purposes. The authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation actions must be in the name of the authority. The power of eminent domain pursuant to the procedures provided in Chapter 2 of Title 28 applies to all property of private persons or corporations and also to property already devoted to public use in Berkeley, Charleston, and Dorchester counties;
(o) enter into joint or cooperative agreements with the federal or state governments or any political subdivision of the State to perform any or all of its functions.
HISTORY: 1992 Act No. 515, Section 1, eff September 1, 1992; 1992 Act No. 518, Section 1, eff September 2, 1992.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 13 - Planning, Research and Development

Chapter 12 - Trident Economic Development Finance Authority

Section 13-12-10. Authority created; jurisdictional area; governing body; selection and terms of members; filling of vacancies.

Section 13-12-15. Referendum in nonparticipating county whether to participate in authority.

Section 13-12-20. Officers of governing board; committees; meetings; quorum.

Section 13-12-30. Rights and powers of board.

Section 13-12-40. Authority may issue general obligation or revenue bonds; agreements for construction, operation, maintenance, or improvement of project; financing agreements.

Section 13-12-50. Resolution of board authorizing bonds; provisions of resolution become part of contract between authority and bondholders.

Section 13-12-60. Governing bodies of participating counties may authorize authority to issue general obligation bonds; public hearing requirement.

Section 13-12-70. Notice requirements with respect to hearing on bond issue.

Section 13-12-80. Public hearing.

Section 13-12-90. Finding and ordinance; authorization by governing bodies of participating counties whether and to what extent to issue bonds.

Section 13-12-100. Notice of governing bodies' actions; call for election.

Section 13-12-110. Right to challenge action taken by county governing bodies.

Section 13-12-120. Manner of election; majority vote required.

Section 13-12-130. Issuance of bonds following authorization.

Section 13-12-140. Bond principal and interest, security agreements, indentures, and financing agreements exempt from taxation.

Section 13-12-150. Signature and attestation of bonds and interest coupons.

Section 13-12-160. Resolutions, covenants, and agreements pertaining to issuance of bonds are binding; enforceability.

Section 13-12-170. General obligation bonds secured by full faith and credit and taxing power; revenue bonds of limited obligation; security; trustee of security agreement or indenture.

Section 13-12-180. Net earnings of authority not to inure to benefit of person other than authority.

Section 13-12-190. Carryover of unexpended funds from year to year.

Section 13-12-200. Determinations required to be made by authority prior to undertaking projects; determinations to be set forth in record of proceedings.

Section 13-12-210. Disposition of proceeds from sale of bonds; what constitutes cost of acquiring project.

Section 13-12-220. Implementation contingent upon vote of electors in two or more of affected counties.

Section 13-12-230. Act not to affect generation, transmission, distribution, or provision of electricity at wholesale, retail, or otherwise.