Resolution ORDERING AN ELECTION IN FRIPP ... - Beaufort …

Resolution R- 1978-7

A RESOLUTION ORDERING AN ELECTION IN FRIPP ISLAND PUBLIC SERVICE DISTRICT ON THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE DISTRICT TO THE EXTENT OF NOT EXCEEDING $700 , 000 , TO AUTHORIZE FRIPP ISLAND PUBLIC SERVICE DISTRICT TO ISSUE SUCH BONDS IF SAID ELECTION RESULTS FAVORABLY TO THE ISSUANCE OF SAID BONDS .

WHEREAS , by action previously taken , County Council of Beaufort County , which is the governing body of Beaufort County (hereinafter called the County Council) , ordered a public hearing on the question of the issuance of not e xceeding $700 , 000 of general obligation bonds of Fripp Island Public Service District (the District) , the proceeds of which will be e xpended to construct an elevated storage tank , to upgrade and enlarge an existing pump and pumping station, and to extend the distribution facilities of the water system , if the election r equired as a condition to the issuance of said bonds shall result favorably , to be held at St . Helena Elementary School , Beaufort County , South Carolina beginning at 7 : 30P . M., on Tuesday , April 25 , 1978 , and Notice of such hearing has been published once a week for three successive weeks in the BEAUFORT GAZETTE which is a newspaper of general circulation in Beaufort County ; and

WHEREAS , the said hearing has been duly held and publicly conducted and both proponents and opponents of the proposed bond i ssue were g i ven full opportun ity to be heard in person or by counsel , and it is now in order for the County Council to proceed , after due del iberation , in accordance with the provisions of Article 5 , Chapter 11, Title 5 , Code of Laws of South Carolina , 1 976 . (Sections 6- 11- 810 to 6- 11- 1040 inclusive) as amended by Act bearing Ratification Number R 534 enacted at the 1978 Session of the General Assembly of South Carolina , approved April 17 , 1978 , (hereinafter collectively called the Enabling Act) to make a finding as to whether and to what extent the bonds of the Fripp Island Public Service District should be issued , if the e l ection required as a condition precedent to the issuance of s a id bonds shall result favorably .

- 2As an incident to the adoption of this Resolu tion County Council of Beaufort County in meeting duly assembled has made the following findings : 1 . The District is a special purpose district created prior to March 7 , 1973 , (having been created by Act No . 1042 of 1962) , located entirely within Beaufort County with the power and function among other things to build , acquire , construct , operate and maintain such waterworks system as shall in the opinion of the Commission be necessary for the District , which function the District has been performing for several years. In order to properly carry out this power and function , it is necessary for the Fripp Island Public Service District Commission (the Commission) to construct an elevated storage tank, to upgrade and enlarge an existing well and pumping station and to extend the distr~bution faci l ities of the water system. 2 . In order to finance the cost of constructing the elevated storage tank , upgrading and enlarging the existing well a nd pumpi ng station and e x tending the distribution faci l ities of the water system, it is necessary for the Commission to issue not exceeding $700 , 000 of general obligation bonds of the District . 3 . The County Council , as the governing body of Beaufort County , South Carolina , i s empowered by the Enabling Act to authorize the governing body of any special purpose district created prior to March 7 , 1973 , l ocated within the County to issue general obligation bonds of such district to provide funds to be used in the furtherance of any power or function committed to such special purpose district and in effect on March 7 , 1973 . 4 . The provisi ons of Section 14 of new Arti cle X of the Constitution of South Carolina which became effective from and after November 30 , 1977 provide that special purpose districts may not incur gener al obligation debt in e xcess of eight per centum of the assessed value of all taxable property in said special purpose district unless authorized by a majority vote of the qualified electors of the political

- 3subdivision voting in a referendum authorized by law . The assessed value of all taxable property in the District for 1977 , which is the latest year for which assessed values are available was $1 , 280 , 400 . Thus in order for the District to iss ue general obligation bonds in an amount in excess of $102 , 432 , it is necessary that the issuance of said bonds be a uthorize d by the favorable vote of a majority of t he qualified e l ectors of the District voting in a referendum authorized by l aw .

5 . Pursuant to Section 6- 11-830 of the Enabling Act , if County Council , upon petition of the Commission , determines that i t is in the best inter ests of the District to raise moneys for the furtherance of any power and function of the District , the County Council may order an election to be held upon the

q u estion o- f the i ssuance of general obligation bonds of the

District. NOW , THEREFORE , BE IT RESOLVED , By County Council of

Beaufort Co unty in meeting duly assembled : A. The County Cou ncil of Beaufort County finds that the

f acts set f o rth above are in all respects true and correct . B. The County Cou ncil of Beaufort County hereby orders

that an e l ection be held by the Beaufort County Election Commission i n the District on Tuesday , June 13 , 1978 , or as soon thereafter as practicable , on the quest ion of the issuance of said bonds and that said election shal l be conducted in the manner and under the procedure applicable to the issuance of general obligation bonds of the counties of the State by the provisions of Chapter 1 5 , Ti t le 4 , Code of Laws of South Carolina , 1976 .

c. That t he Beaufort County Election Commission do

cause to be forthwith printed a sufficient number of ballots

for use in said Election , viz ., a number equal to one hundred and ten per centum (100 %) of the number of registered electors i n said District , which when printed shall be delivered to

-4-

the Beaufort County Election Commission for distribution to

the Managers of Election at the polling places hereinafter set

forth . That the form of ballot to be used in said Election

and the instructions to voters appearing thereon shall be sub-

stantially as follows :

Shall the Fripp Island Public Service District be empowered to issue , either as a single issue , or from time to time , as several separate issues , not exceeding $700 , 000 of general obligation bonds of Fripp Island Public Service District , whose proceeds shall be used to construct an elevated storage tank , to upgrade and enlarge an existing well and pumping station and to extend the distribution facilities of the water system?

In favor of bond issue

~1____7

Opposed to the bond issue

~~--~!

If you wish to vote in favor of the bond issue , place a check or cross mark in the square after the words first above written and if you wish to vote against the bond issue, place a check or cross mark in the square after the words second above written .

c. That the polling places for said Election shall be

provided for each precinct , lying in whole or in part in the

District , and Managers shall be appointed for each polling

place . The polling places shall be located as follows :

PRECINCT

POLLING PLACE

St . Helena No. 2

The polls shall be opened at 8:00 o ' clock in the forenoon and

k~pt continuously open until 7 : 00 o ' clock in the afternoon

on the date fixed for said Election , whereupon they shall be

closed.

D. That in order that all persons qualified to vote

in said Special Election shall have full knowledge of said

Special Election and due notice thereof, a Notice of Special

Election , in form substantially as hereinafter set forth ,

(with all blanks appropriately completed prior to publication) ,

shall be published in the " BEAUFORT GAZETTE", a daily newspaper

. '

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published in the City of Beaufort , South Carolina , and of

general circulation in the Fripp Island Public Service District

on the Wednesday of each of the three weeks preceding the week

in which the election will be held .

STATE OF SOUTH CAROLINA

)

COUNTY OF BEAUFORT

) NOTICE OF SPECIAL ELECTION

FRIPP ISLAND PUBLIC SERVICE )

DI STRICT

)

NOTICE IS HEREBY GIVEN That pursuant to a Resolution

duly adopted by the County Counci l of Beaufort County pursuant

to Article 5, Chapter 1 1, Title 6 , Code of Laws of South Carolina ,

1 976 , as amended by an Act bearing Ratification Number R 534

enacted at the 1978 Session of the General Assembly of the State

of South Carolina , approved April 17 , 1978 , a SPECIAL ELECTION

will be held in the Fripp Island Public Service District , in

Beaufort ~ounty , South Carolina , on TUESDAY , JUNE 13 , 1978 , for

the purpose of submitting to the qualified electors of said

Fripp Island Publi c Service District the following question ,

viz .:

(Question) Shall the Fripp Island Public Service District be empowered to issue , either as a single issue , or from time to time , as several separate issues , not exceeding $700 , 000 of general obligation bonds of Fripp Island Public Service District whose proceeds shall be used to construct an e l evated storage tank , to upgrade and enlarge an existing well and pumping station and to extend the distribution facilities of the water system?

PRECINCT

POLLING PLACE

St . Helena No . 2

The polls will be opened at 8 : 00 o ' clock in the forenoon

and will be closed at 7 : 00 o ' clock in the afternoon on the

date fixed for the Election . Appropriate boxes will be

p r ovided at t h e polling place for the casting of ballots on

the said question. The polls will be under ?the supervision

of the Managers of Election appointed by the Beaufort County

Election Commission.

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