South Carolina Code of Laws
Chapter 24 - Joint Agency Act
Section 6-24-110. Contracts between joint agencies and governmental entities.

(A) A governmental entity may contract with the joint agency for its present or future service requirements, including the capacity, supply, and output of one or more specified projects. The contract may provide that the contracting governmental entity is obligated to make the payments required by the contract whether or not a project is completed, operable, or operating and that payments pursuant to the contract are not subject to reduction, whether by offset or otherwise, and are not conditioned upon the performance or nonperformance of the joint agency or a member of the joint agency pursuant to the contract or other instrument. A contract entered into between a joint agency and its members also may provide that the remaining members of the joint agency shall assume on a proportional basis the obligations of a defaulting member if one or more of the members defaults in the payment of the obligations.
(B) A contract entered into between a governmental entity and a joint agency may be in the form of an obligation or bond issued under another statute authorizing or permitting the incurring of indebtedness by the governmental entity. The provisions of another statute authorizing or permitting the incurring of indebtedness by the governmental entity do not apply to the extent they would prohibit or limit the sale of the obligation by negotiation to a joint agency and the form of the obligation as a single instrument payable to the joint agency on terms as the joint agency considers appropriate. If the statute requires the establishment or maintenance of reserves or other funds or accounts, intended as security for the holders of the obligations, the joint agency may elect to eliminate or waive those requirements. To the extent any statute provides a lien or permits the pledge of property or revenues as security for obligations issued under it, the joint agency may be the direct beneficiary of the lien or pledge or to waive it.
(C) Notwithstanding the provisions of another law to the contrary, a contract between a governmental entity and a joint agency may extend for a period not exceeding fifty years from the date services are first provided pursuant to the contract, and the execution and effectiveness of the contract are not subject to authorizations or approvals by the State or any agency, commission, or instrumentality or political subdivision of the State.
(D) Except as specifically provided by the terms of the contract, payments by a governmental entity pursuant to a contract with a joint agency are not a legal or equitable pledge, charge, lien, or encumbrance upon property of the governmental entity or upon its income, receipts, or revenues.
(E) A governmental entity may authorize a joint agency to act on its behalf in the same manner and to the same extent as any agency, commission, or employee of the governmental entity. A governmental entity may exercise its governmental powers on behalf of a joint agency in instances where the exercise of the power cannot be delegated.
HISTORY: 2003 Act No. 8, Section 2, eff April 21, 2003.

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 24 - Joint Agency Act

Section 6-24-10. Title.

Section 6-24-20. Definitions.

Section 6-24-30. Power to enter into agreements with other governmental entities.

Section 6-24-40. Creation of joint agency; finding of best interest; notice of adoption.

Section 6-24-50. Appointment of representatives; application to Secretary of State; issuance and legal effect of corporate certificate.

Section 6-24-60. Board of directors; election of officers; quorum; compensation.

Section 6-24-70. Additional governmental entities; withdrawal of members; modification of composition of board of directors; filing of notice.

Section 6-24-80. Dissolution.

Section 6-24-90. Executive committee.

Section 6-24-100. Rights and powers of joint agency.

Section 6-24-110. Contracts between joint agencies and governmental entities.

Section 6-24-120. Power to incur debt and enter into supply and financial management agreements.

Section 6-24-130. Assurance of payment of principal or interest on bonds.

Section 6-24-140. Issuance of bonds; use of proceeds.

Section 6-24-150. Trust agreements for issuance of bonds.

Section 6-24-160. Payment of bonds, expenses and other obligations; pledge and resulting lien.

Section 6-24-170. Investment of monies from bond.

Section 6-24-180. Enforcement of bonds.

Section 6-24-190. Bonds as investment securities.

Section 6-24-200. Investment in bonds by guardians and other fiduciaries.

Section 6-24-210. Bonds as special obligations; revenues pledged to payment.

Section 6-24-220. Issuance of refunding bonds.

Section 6-24-230. Rights of personnel.

Section 6-24-240. Annual report; audit.

Section 6-24-250. Contracts with federal and other state government agencies; grants and loans.

Section 6-24-260. Eminent domain.

Section 6-24-270. Immunity from personal liability.

Section 6-24-280. Relation of Chapter to existing laws.

Section 6-24-290. Construction.

Section 6-24-300. Limitation on retail sales of services.