H*3779 Session 108 (1989-1990)
H*3779(Rat #0096, Act #0303 of 1989) General Bill, By T.L. Farr
A Bill to amend Act 865 of 1973, relating to the Buffalo Water and Sewer
District, so as to change the method of electing members and to provide for
the issuing of certificates.
03/29/89 House Introduced, read first time, placed on calendar
without reference HJ-16
03/30/89 House Read second time HJ-26
03/30/89 House Unanimous consent for third reading on next
legislative day HJ-27
03/31/89 House Read third time and sent to Senate
04/04/89 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-26
04/06/89 Senate Read second time SJ-24
04/07/89 Senate Read third time and enrolled SJ-1
04/20/89 Ratified R 96
04/26/89 Vetoed by Governor
04/27/89 House Veto overridden by originating body Yeas-2
Nays-0 HJ-12
05/11/89 Senate Veto overridden Yeas-046 Nays-000 SJ-4
05/11/89 Effective date 05/11/89
05/11/89 Act No. 303
05/26/89 Copies available
(A303, R96, H3779)
AN ACT TO AMEND ACT 865 OF 1973, RELATING TO THE BUFFALO WATER AND SEWER
DISTRICT, SO AS TO CHANGE THE METHOD OF ELECTING MEMBERS AND TO PROVIDE FOR THE
ISSUING OF CERTIFICATES.
Be it enacted by the General Assembly of the State of South Carolina:
Buffalo Water and Sewer District-members-election
SECTION 1. Section 3 of Act 865 of 1973 is amended to read:
"Section 3. The district is composed of three members, who are
certificate holders of the area described in Section 1 and one of whom is elected
by the certificate holders at a special annual meeting called by the district
every year for a term of three years. A vacancy occurring by reason of death,
resignation, or otherwise must be filled for the remainder of the unexpired term
by appointment by a majority of the Union County Legislative Delegation. All
members of the district shall hold office until their successors are elected and
qualify."
Certificates
SECTION 2. Act 865 of 1973 is amended by adding:
"Section 3A. (A) An occupant or person, including a body politic or
corporate, holding property having need of and reasonable accessibility to the
services operated by the district, may be a voting certificate holder by
obtaining a certificate from the district and paying the required tap fee for at
least one meter. Persons who receive the approval of the board of directors may
receive a certificate upon subscribing for a certificate and by signing for the
purchase of services as may be provided by the district but no person otherwise
eligible is permitted to subscribe for a certificate if the capacity of the
district's system is exhausted by the needs of its existing members. A fee of
ten dollars must be paid for each certificate upon application.
(B) A member loses his certificate if he wilfully fails to comply with the
requirements of the district. The district may elect to purchase a members'
certificate upon his death and terminate his membership upon tender to his heirs
or legal representative the initial purchase price of his certificate, less any
indebtedness then due from him to the corporation. A member whose membership is
terminated for cause other than that of ceasing to be eligible may appeal from
the action of the district to a vote of the certificate holders at their next
regular meeting or special meeting called for that purpose.
(C) The certificates must be issued to each holder of fully paid membership
and must be numbered consecutively, in accordance with the order of issue. No
number may be issued more than once.
(D) No member is entitled to more than one vote at meetings of the certificate
holders or to hold more than one certificate of the district. Every member, upon
becoming a certificate holder, agrees to sign the agreements for the purchase of
services as are provided and required by the districts and agrees that if he
desires to dispose of his membership certificate he shall offer it to the
district at its initial purchase price.
(E) If the premises being served by the district is conveyed, the purchaser,
upon approval of the district, must be issued a certificate upon payment of the
required membership fee."
First election after effective date
SECTION 3. In the first election called by the Buffalo Water and Sewer District
after the effective date of this act one member of the district must be elected
for one year, one for two years, and one for three years. At the election the
person receiving the most votes is elected for the three-year term, the person
receiving the second highest number of votes is elected for the two-year term,
and the person receiving the third highest number of votes is elected for the
one-year term. The terms of the present members expire immediately after the
first election.
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |