South Carolina Code of Laws
Chapter 37 - Municipal Improvements Act Of 1999
Section 5-37-35. Assessments for fund improvements not to be imposed on property not located in improvement district; exception for bonds issued pursuant to Section 5-37-30.

(A) Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements must not impose or be derived from, in whole or in part, a tax or assessment on property not located in the improvement district. Bonds issued pursuant to Section 5-37-30, however, may be made payable from assessments imposed on property located in the improvement district, and may be additionally secured, in whole or in part, by the full faith, credit, and taxing power of the municipality, if the governing body of the municipality certifies on the date of issuance of the bonds that the assessments as imposed are sufficient as to both amount and duration to pay all debt service on these bonds as they become due.
(B) The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a "system" pursuant to Section 6-21-40.
HISTORY: 2000 Act No. 384, Section 2; 2010 Act No. 282, Section 2, eff June 16, 2010; 2010 Act No. 290, Section 33.B, eff January 1, 2011.
Effect of Amendment
The two 2010 amendments made the same changes rewriting this section.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 5 - Municipal Corporations

Chapter 37 - Municipal Improvements Act Of 1999

Section 5-37-10. Short title; authority of municipalities.

Section 5-37-20. Definitions.

Section 5-37-25. Consent required to use revenues for improvements outside municipality where improvement district is located.

Section 5-37-30. Improvements authorized; funding sources.

Section 5-37-35. Assessments for fund improvements not to be imposed on property not located in improvement district; exception for bonds issued pursuant to Section 5-37-30.

Section 5-37-40. Establishment of improvement districts; written consent of owners.

Section 5-37-45. Inclusion in improvement district of area in which the proposed improvements have been constructed or are under construction; exceptions.

Section 5-37-50. Resolution regarding improvement plan and public hearing.

Section 5-37-60. Publication of resolution.

Section 5-37-70. Payment of costs of improvements.

Section 5-37-80. Assessments upon property owners.

Section 5-37-90. Improvements as property of municipality; use of special assessments.

Section 5-37-100. Ordinance creating improvement district.

Section 5-37-110. Assessment roll; preparation and distribution; publication of notice; hearing of objections.

Section 5-37-120. Notice of assessment to owners; filing of objections.

Section 5-37-130. Conduct of hearings; filed assessment constitutes superior lien.

Section 5-37-140. Appeals from decisions of governing body.

Section 5-37-150. Powers are cumulative.

Section 5-37-160. Effectiveness of petition or consent and of acts taken under other laws.

Section 5-37-170. Approval required for inclusion of streets in State highway system in mall developments.

Section 5-37-180. Mall developments; streets near courthouses.