Any area in any such county which contains unimproved roads and streets aggregating not less than one-half mile and not more than ten miles may be constituted, created and established a paving district, in the following manner:
(1) A petition signed by a majority in number of the owners of record of the property lying within the area proposed to be included in the district shall be filed with the governing body of the county. The petition shall contain a brief statement requesting that the area be constituted a paving district and giving the boundaries of the same and the type of paving desired and requesting that a special election be held in such paving district to vote upon the question whether an ad valorem tax shall be levied upon the property in the proposed paving district to provide a special fund to repay the cost of improving and paving the streets and roadways in the proposed paving district.
(2) Upon the filing of such petition, the governing body of the county shall cause a survey and plat to be made of the proposed paving district and shall obtain estimates of the cost of improving and paving the streets and roadways which it is proposed to improve and pave in the district and, from such estimates, shall determine the approximate cost of such paving. The estimates and plat shall be filed with the governing body of the county.
(3) Within thirty days after the filing of the petition with the governing body of the county, the governing body shall hold a meeting to consider the petition, and if the governing body shall, in its judgment, determine that the public interest would be promoted by the paving of the streets and roadways in the proposed paving district, it shall adopt a resolution approving the petition; or if, in its judgment, it should determine that the public interest would not be promoted by paving such streets and roadways, it shall adopt a resolution disapproving the petition. If the governing body of the county shall disapprove of the petition, the proposed paving district shall not be created.
(4) Upon the adoption by the governing body of the county of a resolution approving the petition, the governing body shall forthwith transmit a certified copy of such resolution to the Governor of the State, who shall thereupon, upon the recommendation of a majority of the legislative delegation of such county, appoint three qualified electors or owners of record of property residing in the proposed paving district, who shall constitute the paving district commission of the district.
(5) Upon the appointment of the three commissioners by the Governor, he shall forthwith file a notice of such appointment with the Secretary of State, and from the time of the filing of such notice such paving district shall be created and shall constitute a body politic and corporate with perpetual succession and shall exercise and enjoy all the rights, privileges and immunities of such and be subject to the rules and regulations herein imposed.
HISTORY: 1962 Code Section 33-1352; 1952 Code Section 33-1352; 1942 (42) 1693.
Structure South Carolina Code of Laws
Title 57 - Highways, Bridges and Ferries
Chapter 21 - Paving Districts In Counties With City Of Over 70,000
Section 57-21-10. Paving districts may be established in certain counties.
Section 57-21-20. Method of establishment; appointment of paving district commission.
Section 57-21-30. Terms of commissioners; officers; vacancies.
Section 57-21-40. Name of district and commission.
Section 57-21-50. Order for election on tax levy to pay for paving.
Section 57-21-60. Time and notice of election.
Section 57-21-70. Managers of elections; formalities of voting.
Section 57-21-80. Declaration of result of election; contest.
Section 57-21-90. Effect of election.
Section 57-21-100. Issuance of bonds.
Section 57-21-110. Terms of bonds.
Section 57-21-120. Execution of bonds; designation.
Section 57-21-130. Sale of bonds.
Section 57-21-140. Levy of tax.
Section 57-21-150. Pledge of full faith, credit, and taxing power of county; increase in levy.
Section 57-21-160. Payment of bonds.
Section 57-21-170. Payment of proceeds of bond issue.
Section 57-21-180. Use of proceeds of bond issue.
Section 57-21-190. Powers of county governing body.
Section 57-21-200. Eminent Domain.