S.C. Code § 6-24-10
Title
This chapter is known as the "Joint Agency Act".
South Carolina Code Title 6, Chapter 24 — Joint Agency Act
South Carolina · statute · S.C. Code tit. 6, ch. 24 · 30 active provisions
S.C. Code § 6-24-20
Definitions
As used in this chapter: (1) "Cost", with respect to a project, means: (a) all costs of planning, designing, constructing, and financing the project, including fees for professional services, costs of insurance, and costs for principal and interest, during planning, designing, and construction and for up to one year af…
S.C. Code § 6-24-30
Power to enter into agreements with other governmental entities
(A) In addition and supplemental to other powers granted to governmental entities of the State, a governmental entity may: (1) jointly plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant-in-common in a project situated inside…
S.C. Code § 6-24-40
Creation of joint agency; finding of best interest; notice of adoption
(A) Two or more governmental entities may determine by resolution, as appropriate, that it is in their best interests and those of their residents to create a joint agency for the purpose of: (1) undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enlargem…
S.C. Code § 6-24-50
Appointment of representatives; application to Secretary of State; issuance and legal effect of corporate certificate
(A) Upon fulfilling the requirements of Section 6-24-40, each governmental entity participating in the proposed joint agency shall appoint by resolution one representative to the proposed joint agency. Two or more appointed representatives shall file with the Secretary of State an application signed by the representati…
S.C. Code § 6-24-60
Board of directors; election of officers; quorum; compensation
(A) Management and control of the joint agency is vested in a board of directors consisting of the number of directors specified in the application as filed or as amended. The governing body of each member of the joint agency shall appoint the number of representatives provided, and each appointed representative is a d…
S.C. Code § 6-24-70
Additional governmental entities; withdrawal of members; modification of composition of board of directors; filing of notice
(A) After a joint agency is created, another governmental entity may become a member by: (1) adopting a resolution complying with the requirements of Section 6-24-40, including publication of notice; (2) submitting an application to the joint agency; and (3) receiving approval of the application by resolution from the…
S.C. Code § 6-24-80
Dissolution
If the board of directors of a joint agency and the governing body of each of its members determine by resolution that the purposes for which the joint agency was formed have been fulfilled substantially and that all bonds issued and all other obligations incurred by the joint agency have been paid or satisfied fully,…
S.C. Code § 6-24-90
Executive committee
The board of directors of a joint agency may create an executive committee, the composition of which must be set forth in the bylaws of the joint agency and reflect a fair representation of the members. The executive committee may exercise powers during intervals between the board's meetings as provided by the board. T…
S.C. Code § 6-24-100
Rights and powers of joint agency
Each joint agency has the rights and powers of a public body politic and corporate of the State including, without limitation, all the rights and powers necessary or convenient to carry out and effectuate the provisions of this chapter including, but not limited to, rights and powers to: (1) adopt bylaws for the regula…
S.C. Code § 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…
S.C. Code § 6-24-120
Power to incur debt and enter into supply and financial management agreements
A joint agency may incur debt for its purposes, which includes defraying the cost of a project, and may issue bonds pledging the revenues derived from all or any of its projects and additions and betterments or extensions or contributions or advances from its members to the payment of both principal and interest and ot…
S.C. Code § 6-24-130
Assurance of payment of principal or interest on bonds
If a joint agency undertakes a project requiring financing, in whole or in part, with the proceeds of bonds, and the payment of principal or interest on the bonds is assured directly or indirectly by a contract with one or more members, the project must not be undertaken without the approval of the governing body of ea…
S.C. Code § 6-24-140
Issuance of bonds; use of proceeds
(A) A joint agency may issue at one time, or from time to time, its bonds for the purpose of paying all or part of the cost of the projects and for the purposes authorized by this chapter. The principal of and the interest on the bonds, and any premium, are payable only from the fund provided for payment. The bonds of…
S.C. Code § 6-24-150
Trust agreements for issuance of bonds
The board of directors of the joint agency may elect to have bonds issued pursuant to this chapter secured by a trust agreement between the joint agency and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the State. The trustee agreement or the resoluti…
S.C. Code § 6-24-160
Payment of bonds, expenses and other obligations; pledge and resulting lien
(A) The joint agency may fix, charge, and collect rents, rates, fees, and charges for services provided by the agency or the use of a project so as to provide revenues, for so long as the bonds are outstanding and unpaid, at least sufficient together with other available funds to: (1) pay all costs of and charges and e…
S.C. Code § 6-24-170
Investment of monies from bond
The resolution authorizing the bonds of an issue or the trust agreement securing the bonds may provide that the monies may be invested temporarily and reinvested pending disbursement in securities and other investments provided in the resolution or trust agreement. The resolution or trust agreement must provide that a…
S.C. Code § 6-24-180
Enforcement of bonds
A holder of bonds issued pursuant to this chapter and the trustee pursuant to a trust agreement, except to the extent the rights are restricted by the trust agreement or the resolution authorizing the issuance of the bonds, may protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceed…
S.C. Code § 6-24-190
Bonds as investment securities
All bonds issued pursuant to this chapter are investment securities within the meaning of and for all the purposes of Chapter 8, Title 36 subject only to the provisions of the bonds pertaining to registration, regardless of whether or not the bonds authorized by this chapter are of such form and character as to be inve…
S.C. Code § 6-24-200
Investment in bonds by guardians and other fiduciaries
It is lawful for all executors, administrators, guardians, committees, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.
S.C. Code § 6-24-210
Bonds as special obligations; revenues pledged to payment
The bonds issued pursuant to this chapter are special obligations of the joint agency issuing them. The principal and interest and any premium on the bonds are not payable from the general fund of the joint agency, nor are they a legal or equitable pledge, charge, lien, or encumbrance upon any of its property, income,…
S.C. Code § 6-24-220
Issuance of refunding bonds
A joint agency may provide by resolution for the issuance of refunding bonds of the joint agency for the purpose of refunding outstanding bonds issued pursuant to this chapter, including the payment of a redemption premium on them and interest accrued to the date of their redemption. The refund of outstanding bonds may…
S.C. Code § 6-24-230
Rights of personnel
(A) Personnel employed or appointed by a member of a joint agency to work for it have the same authority, rights, privileges, and immunities, including coverage pursuant to workers' compensation laws, which the officers, agents, and employees of the appointing member enjoy within the territory of that member when they…
S.C. Code § 6-24-240
Annual report; audit
At the close of each fiscal year, a joint agency shall submit an annual report of its activities for the preceding year to each member, including a complete operating and financial statement covering the operations of the joint agency during the year. The joint agency shall cause an audit of its books of record and acc…
S.C. Code § 6-24-250
Contracts with federal and other state government agencies; grants and loans
(A) The board of directors of a joint agency may make application and enter into contracts for and accept grants-in-aid and loans from the federal and state governments and their agencies or political subdivisions, including members, for planning, acquiring, constructing, expanding, maintaining, and operating a project…
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