The following terms wherever used or referred to in this chapter shall have the following meanings, unless a different meaning appears from the context:
(1) "Municipality" means a county, township, city, incorporated town, or special purpose district;
(2) The term "governing body" shall mean the board, council or other legislative body having power to borrow money on behalf of a municipality;
(3) The term "law" shall mean any act or statute, general, special or local, of this State, including, without being limited to, the charter of any municipality;
(4) The term "enterprise" shall mean any work, undertaking or project which the municipality is or may hereafter be authorized to construct and from which the municipality has derived revenues, for the refinancing or the refinancing and improving of which enterprise refunding bonds are issued under this chapter, and such enterprise shall include all improvements, betterments, extensions and replacements thereto and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto; and such term shall likewise include a combination of any two or more projects, works, undertakings or systems which the governing body shall deem related to each other;
(5) The term "Federal agency" shall include the United States of America, the President of the United States of America, or any agency, instrumentality or corporation of the United States of America which has been designated or created by or pursuant to any act or joint resolution of the Congress of the United States of America or which may be owned or controlled, directly or indirectly, by the United States of America;
(6) The term "improving" shall mean reconstructing, replacing, extending, repairing, bettering, equipping, developing, embellishing or otherwise improving or any one or more or all of the foregoing;
(7) The term "refunding bonds" shall mean notes, bonds, certificates or other obligations of a municipality issued pursuant to this chapter or pursuant to any other law, as supplemented by or in conjunction with this chapter;
(8) The term "refinancing" shall mean funding, refunding, paying or discharging, by means of refunding bonds or the proceeds received from the sale thereof, all or any part of any notes, bonds or other obligations issued to finance or to aid in financing the acquisition, construction or improving of an enterprise, issued under this chapter for any purpose allowed hereunder and payable solely from all or any part of the revenues derived from the operations of any enterprise herein defined, including interest thereon in arrears or about to become due, whether or not represented by coupons or interest certificates;
(9) The term "revenue" shall mean all fees, tolls, rates, rentals and charges to be levied and collected in connection with, and all other income and receipts of whatever kind or character derived by the municipality from, the operation of any enterprise or arising from any enterprise; and
(10) The term "holder of bonds" or "bondholders" or any similar term shall mean any person who shall be the bearer of any outstanding refunding bond or refunding bonds registered to bearer or not registered or the registered owner of any such outstanding bond or bonds which shall at the time be registered other than to bearer.
HISTORY: 1962 Code Section 59-652; 1952 Code Section 59-652; 1942 Code Section 9287; 1937 (40) 313; 1940 (41) 1682; 1990 Act No. 315, Section 1.
Structure South Carolina Code of Laws
Chapter 17 - Revenue Bond Refinancing Act Of 1937
Section 6-17-40. Combination of projects.
Section 6-17-50. Refunding shall be authorized by resolution.
Section 6-17-60. Terms and form of refunding bonds.
Section 6-17-70. Provisions permissible in resolution authorizing issue of bonds.
Section 6-17-80. Exemption from certain taxes.
Section 6-17-90. Lien of bonds on revenues and other security.
Section 6-17-95. Municipalities providing hospital, nursing home, or care facilities; mortgages.
Section 6-17-100. Holders of refunding bonds may be given rights and remedies of owners.
Section 6-17-110. All refunding bonds shall be ratably secured.
Section 6-17-120. Liability of funds other than pledged revenue of municipality on refunding bonds.
Section 6-17-130. Execution by former officers shall be valid.
Section 6-17-150. Sale or exchange of bonds.
Section 6-17-160. Purposes for which refunding bonds may be exchanged; payment of accrued interest.
Section 6-17-170. Manner in which refunding bonds shall be sold.
Section 6-17-180. Duties of municipality and officers, agents and employees.
Section 6-17-190. Fiscal agent.
Section 6-17-200. Appointment of receiver of enterprise.
Section 6-17-210. Powers and duties of receiver.
Section 6-17-220. Receiver shall be subject to court orders.
Section 6-17-230. Receiver shall not sell or otherwise dispose of property.
Section 6-17-240. Discharge of receiver.
Section 6-17-250. Rights and remedies of holders of bonds.
Section 6-17-260. Remedies shall be cumulative.
Section 6-17-270. Effect of waiver or delay in invoking remedy.
Section 6-17-280. Effect of abandonment or loss of suit.
Section 6-17-290. Compliance with chapter shall be sufficient for issuance of bonds.
Section 6-17-300. Debts of municipality are not authorized.
Section 6-17-310. Existing rights shall not be impaired by chapter.
Section 6-17-320. Chapter is supplemental and shall be liberally construed.