Current StatusView additional legislative information at the LPITS web site.Bill Number: 3779 Ratification Number: 96 Act Number 303 Introducing Body: House Subject: Buffalo Water and Sewer District-members-election
(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.