South Carolina Code of Laws
Chapter 23 - Joint Municipal Electric Power And Energy Act
Section 6-23-140. Approval of projects financed by bonds; terms of bonds; proceeds; replacement of lost or destroyed bonds.

(a) A joint agency is hereby authorized to issue at one time or from time to time its bonds for the purpose of paying all or any part of the cost of any of the purposes herein authorized. The principal of, premium, if any, and the interest on such bonds shall be payable solely from the respective funds herein provided for such payment. The bonds of each issue may be sold at public or private sale. Notwithstanding any provision of law to the contrary, the bonds may be sold at such price, and shall bear interest at such rate or rates, as may be determined by the board of directors of the joint agency. The bonds of each issue shall be dated and shall mature in such amounts and at such time or times, not exceeding fifty years from their respective date or dates, as may be determined by the board of directors of the joint agency, and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be fixed by the board of directors of the joint agency prior to the issuance of the bonds. The board of directors of the joint agency shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the State. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature of such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The board of directors of the joint agency may also provide for the authentication of the bonds by a trustee or fiscal agent. The bonds may be issued in coupon or in fully registered form, or both, as the governing body of the issuer may determine, and provisions may be made for the registration of any coupon bonds as to the principal alone and also as to both principal and interest; and for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds.
(b) The proceeds of the bonds of each issue shall be used solely for the purposes for which such bonds have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the board of directors of the joint agency may provide in the resolution authorizing the issuance of such bonds or in any trust agreement securing the same. The joint agency may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The joint agency may also provide for the replacement of any bonds which shall have become mutilated or shall have been destroyed or lost.
(c) Bonds may be issued under provisions of this chapter without obtaining the consent or approval of the State or any political subdivision or any agency, commission or instrumentality thereof.
HISTORY: 1978 Act No. 473, Section 15; 1979 Act No. 176, Section 11.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions

Chapter 23 - Joint Municipal Electric Power And Energy Act

Section 6-23-10. Short title.

Section 6-23-20. Definitions.

Section 6-23-30. Planning, construction, and ownership of electric distribution facilities.

Section 6-23-40. Determination by municipalities that joint agency is in their best interests; factors; publication; challenge in court.

Section 6-23-50. Formation of joint agency; certificate as proof of existence.

Section 6-23-60. Filing of petition prior to acquisition of project; action by Commission; appeal.

Section 6-23-70. Board of directors; new members of joint agency; withdrawal from and dissolution of joint agency.

Section 6-23-80. Executive committee.

Section 6-23-90. Rights and powers of joint agency.

Section 6-23-100. Electric generating facilities as interrelated; responsibility for dispatching capacity and output and scheduling maintenance of project.

Section 6-23-110. Municipalities may contract to buy power; terms of contract; sources of payment; advances.

Section 6-23-130. Issuance of bonds authorized.

Section 6-23-140. Approval of projects financed by bonds; terms of bonds; proceeds; replacement of lost or destroyed bonds.

Section 6-23-150. Trust agreements.

Section 6-23-160. Rents, rates, fees and charges; validity and lien of pledge.

Section 6-23-170. Investment of moneys pending disbursement.

Section 6-23-180. Legal action by bond holder and trustee.

Section 6-23-190. Bonds and interest coupons designated investment securities.

Section 6-23-200. Investment in bonds lawful.

Section 6-23-210. Bonds to be special obligations; payment thereof.

Section 6-23-220. Issuance of refunding bonds authorized.

Section 6-23-230. Bonds tax exempt.

Section 6-23-235. Applicability of franchise and permit requirements.

Section 6-23-240. Certification required.

Section 6-23-250. Projects and power as subject to taxation.

Section 6-23-260. Rights and privileges of personnel.

Section 6-23-270. Annual reports; audits.

Section 6-23-280. Participation of joint agency in grant-in-aid and loan programs.

Section 6-23-290. Eminent domain.

Section 6-23-300. Immunity of directors, officers and their agents.

Section 6-23-310. Immunity of joint agencies waived and withdrawn.

Section 6-23-320. Powers cumulative; bonds for financing private facilities not authorized.

Section 6-23-330. Liberal construction; savings clause.

Section 6-23-335. Provision, distribution, marketing, or sale by joint agency of energy or service to retail customers.

Section 6-23-340. Legal and binding effect of existing contracts.