All bonds issued by a governing board under authority of this chapter shall be limited obligations of its county or incorporated municipality, as the case may be. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by such county or incorporated municipality pursuant to the loan agreement. Bonds and interest coupons issued under authority of this chapter shall never constitute an indebtedness of such county or incorporated municipality within the meaning of any State constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or incorporated municipality, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates as the governing board and the industry shall agree upon without limitation, may be payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which shall be provided in the proceedings of the governing board authorizing the bonds. Any bonds issued under the authority of this chapter may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the cost of acquiring any pollution control facility, and out of the bond proceeds, all expenses, premiums and commissions which the governing board may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of this chapter, except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but such proceedings shall preclude the issuance of bonds or any obligations of any sort secured by any lien or claim prior to any lien or claim securing such of the bonds or bonds afterwards issued on a parity with such bonds.
Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Sections 11-17-10 to 11-17-110, as now or hereafter amended, shall be applicable to such bond anticipatory borrowing.
HISTORY: 1962 Code Section 63-195.53; 1971 (57) 134.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 3 - Pollution Control Facilities
Section 48-3-20. Powers of counties and incorporated municipalities generally.
Section 48-3-30. Terms, form, execution, and sale of bonds; bond anticipation notes.
Section 48-3-40. Security for bonds.
Section 48-3-50. Letting of contracts for construction of pollution control facilities.
Section 48-3-70. Required provisions in loan agreements; provision for additional parity bonds.
Section 48-3-80. Optional provisions in loan agreements.
Section 48-3-90. Use of proceeds from sale of bonds.
Section 48-3-100. Refunding bonds.
Section 48-3-110. Investment in bonds legal.
Section 48-3-120. Exemptions from taxation generally.
Section 48-3-130. Exemption from taxation of pollution control facilities.
Section 48-3-150. Chapter to be construed as cumulative; execution of authorization.
Section 48-3-160. Existing powers of incorporated municipalities not affected.