 Notice must include a projected timetable for provision or assumption of services.

At the public hearing, the municipality must provide:

 a map and complete legal description of the area to be annexed,

 a statement of public services to be assumed or provided by the municipality, and

 taxes and fees required for these services.

7. After all procedural requirements are met, the governing body may:

 adopt an ordinance declaring the area annexed to the municipality,

 follow § 5-3-310, et seq., if property in a special purpose district is annexed;

 file notice with Secretary of State, SCDOT, and Department of Public Safety, and

 submit to U.S. Attorney General for Voting Rights Act § 5 preclearance.

Annexation by Elector Petition and Election

25 Percent Petition and Election Method

The 25 percent petition and election method of annexation authorized by S.C. Code § 5-3-

300 adopted in 1988 was not constitutional prior to the 2000 amendment because the election

was initiated by a freeholder petition. The amendment changed this provision to a petition of

25 percent of qualified electors residing in the area to be annexed and makes a third method of

annexation of private property available. The procedure for this method is specified in detail in

the statute and must be carefully followed.

Procedure

S.C. Code § 5-3-300 prescribes the following steps for annexation:

1. A petition signed by 25 percent or more of qualified electors who are residents in the area

proposed to be annexed is filed with the municipal council.

The petition must contain a description of the area to be annexed, the signature of the qualified

elector, the address of residence and the act or code section pursuant to which the proposed

annexation is to be accomplished - § 5-3-300.

2. If council finds the petition has been signed by 25 percent or more of qualified resident

electors, it may certify that fact to the county election commission by resolution.

3. There are opt-out provisions for freeholders owning 25 percent of assessed value of

property to be annexed or freeholders owning 10 acres of agricultural real property.

a. The municipal clerk must give such freeholders written notice of the proposed

annexation by certified mail, return receipt requested. No time for this notice is

specified, but it should be sent at the time the petition is certified by resolution.

b. If the freeholder does not reply at least ten days before the election, the area is

included in the area to be annexed.

c. If the freeholder files a written notice with the municipal clerk objecting to the

annexation, the freeholder’s property must be excluded from the area to be

annexed.

[See § 5-3-300(I) for the definition of “agricultural real property.”]

4. Once it receives the resolution, the county election commission shall order an election to

be held within the area proposed to be annexed.

[Note: Preclearance under § 5 of the Voting Rights Act may be necessary for a date which has

not been cleared for a county election.]

a. The special election must be conducted under S.C. Code Title 7 Chap. 13 and 17.

b. The commission shall give 30 days newspaper notice in area to be annexed.

c. Registered qualified electors residing within area to be annexed vote in election.

d. Election box or boxes shall be in the area proposed to be annexed.

e. The election commission shall certify the election result to municipal council.

5. If a majority of qualified electors vote in favor of annexation, the council by written

resolution must publish the results of the election.

6. After publishing the election results, the municipal council must publish in newspaper of

general circulation a notice containing:

a. A description of the area to be annexed;

b. The code section under which the proposed annexation is to be accomplished;

c. A statement that qualified electors in the area voted to be annexed; and

d. A statement that the council will approve the annexation unless a petition signed

by 5 percent or more of the electors within the municipality is presented to the

council within 30 days from the date of the notice requesting an election to be held

within the municipality on the question of the annexation.

7. If no 5 percent petition is presented to council, the annexation may be completed by

enacting the ordinance 30 days after publication of the notice.

8. If a 5 percent petition is presented to council, the council must delay final reading of the

annexing ordinance and certify the petition to the municipal election commission.

a. The municipal election must be conducted under S.C. Code Title 7 Chap. 13 and 17.

b. The commission shall give at least 30 days’ newspaper notice of the election.

c. If a majority of electors of the municipality vote in favor of the annexation, council

shall give final reading to the ordinance declaring the area annexed.

d. If a majority of votes are oppose the annexation, council shall publish the results

and table the proposed annexation ordinance. Another annexation election may not

be initiated within the territory for 24 months from the date of the vote. § 5-3-210.

9. If the governing body adopts an ordinance declaring the area annexed to the municipality,

it should then:

 follow § 5-3-310, et seq., if property in a special purpose district is annexed;

 file notice with Secretary of State, SCDOT, and Department of Public Safety, and

 submit to U.S. Attorney General for Voting Rights Act § 5 preclearance.

Little River effort to form town falls short

Residents' committee calls it quits for incorporation

An ad hoc committee has dropped its efforts to have Little River incorporated because its members could not get the resident signatures needed to put the issue on a ballot for a vote.

Committee members needed 1,100 signatures to get the issue on a general election ballot, and they collected roughly 400, said Little River resident Carmine "Buddy" DeJosia, a member of the ad hoc committee.

Several residents have opposed incorporating Little River, citing concerns about higher taxes and duplication of services, such as police protection.

"They found out what we've always known, which is the larger the area and the more people you try to incorporate, the harder it is to get the public support for it," said Howard Duvall, executive director of the Municipal Association of South Carolina.

DeJosia said Wednesday that committee members will now work to improve the area within the county.

"We want to see improvements of traffic safety down by the waterfront," DeJosia said. "We're going to work with [Horry County Councilman Harold] Worley to ensure issues important to Little River are identified."

Currently the lowest level of government for the unincorporated Little River area of Horry County - population 7,027, according to the 2000 Census - is Horry County Council. The area is represented by Worley.

On Wednesday, Worley said it did not surprise him that the committee did not get the signatures needed.

"Listening to the folks in the area, they seem to be pleased with the services they are provided with the taxes they pay," Worley said. "The area is not at the level where residents want another level of service and taxes. The discussion did create a good debate and brought to light some concerns," he said.

Residents' concerns include police and fire protection, he said.

The county used tax money from the casino boats about a month ago to put a full-time ambulance at the fire station on Baker Street in Little River, Worley said. Officials also expect to have equipment and three paid firefighters to work around the clock at the station by November, Worley said. The station currently is staffed by volunteer firefighters.

There also was a police precinct recently built in the area on Highway 57. The county used nearly $1 million for the precinct, which has 65 county police officers working out of it, Worley said.

He said there are more improvements to come, particularly on the waterfront.

Incorporation, which would have added layer of government for Little River, has been an ongoing debate for several years, but became of heightened interest to a group of residents after North Myrtle Beach annexed its first property located in Little River last year.

Since then, the ad hoc committee of several area residents and business owners, took it upon themselves to conduct a feasibility study and held two public meetings in April to present the study's findings and to get residents to sign the petition.

A group of residents made it clear during a public meeting in April that they were against making Little River its own town or village. Some said they would prefer the community remain as it is.

Others took it a step further by posting yellow signs along S.C. 9 and U.S. 17 in Little River, which read, "Just Say No to Little River Incorporation."

Wilbur McLamb, a lifelong resident, paid for the signs. McLamb, 65, who lives in Briarcliffe Acres, has a business called McLamb Realty company, which has been in the Little River area for more than 30 years, he said. He said he thinks it is the right thing for the committee to not move forward and that he will look into taking down the signs if that is the case.

"We got every service Horry County provides and more," McLamb said. "People are intelligent. If there is a reason for it they would support it."

Contact JANELLE FROST at 443-2404.

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