Plans to enlarge the city limits of Myrtle Beach and other area
municipalities could be blocked if state legislators make it illegal
for cities to use water service to compel annexation.
Since the S.C. Supreme Court ruled in 2001 that cities can make
future annexation a requirement of utility service, officials have
seen it as one of few ways to expand city limits in the face of
state laws that give more rights to landowners.
Myrtle Beach plans to bring in as many as 7,000 new residents
over time, along with an unknown amount of tax revenue and business
license fees. If that happens, Myrtle Beach would stretch from the
former Myrtle Beach Air Force Base to Restaurant Row, from the ocean
to the Intracoastal Waterway in most places.
But bills in the Senate and House could prevent that. One of the
sponsors of the Senate bill, Sen. Michael Fair, R-Greenville, says
the cities' actions amount to extortion: Join the city or lose your
water.
City officials throughout the Strand are carefully watching the
bills but say they won't change their policies.
Many people have protested attempts to annex their land, but find
they have no choice. For some communities, residents say, annexation
not only means higher taxes but a loss of identity.
"We know the benefits to annexation," said The Rev. William
Gause, president of the community association in the Racepath
neighborhood, south of U.S. 501 and one of the areas that could be
annexed. "We like things the way they are. It's about the taxes,
yes, and it's about our own community."
Officials said it is only fair they be allowed to annex those
customers who live near cities without paying higher taxes.
Officials trumpet the benefits to living inside city limits,
including shorter response times for fire and police service and
reduced utility bills. Plus, officials said, they can monitor and
control growth if the land is better integrated into the city.
"We want to convince people that they'd be better off in the city
of Conway, anyway," Conway City Administrator Steve Thomas said.
"You want people to feel good about being in the city. But it's an
emotional issue. Some people just can't get past the taxes."
Myrtle Beach has estimated that property owners with homes valued
at $150,000 or less would probably save money by being annexed into
the city because utility savings would offset increased taxes.
Still, annexation should be up to landowners, Fair said. Most of
Fair's Senate district lies in unincorporated areas outside
Greenville.
"When you're the only provider of water, it's grossly unfair and
unethical to demand annexation," he said. "It's not illegal, but I
hope it will be."
Fair's bill faces an uphill battle as cities across the state
line up against it. Under pressure from the Municipal Association of
South Carolina, a similar bill failed last year.
"We are fighting is as hard as we can," said Gary Cannon, the
association's director of intergovernmental relations. "It's an an
attack on home rule."
If annexation continues, the space between cities will shrink.
Myrtle Beach could one day border Conway, Thomas said.
"Anything is conceivable," Thomas said.
Myrtle Beach has plans to annex north, south and west. North
Myrtle Beach hopes to annex north. Conway hopes to annex east.
Georgetown could also expand.
Other cities, such as Surfside Beach, cannot use utility service
to compel annexation because they do not sell water or sewer
service.
Many utility customers have signed contracts known as restrictive
covenants that require them to submit a petition to annex once their
land becomes contiguous to city limits. Barring a change in the law,
Myrtle Beach hopes to make most, if not all, utility customers sign
similar deals.
Restrictive covenants are a useful tool for cities that want to
grow but find themselves handcuffed by state annexation laws,
officials said. Under S.C. law, land cannot be annexed unless
property owners agree. In the face of higher property taxes, few
do.
"The Supreme Court has said that's what we can do," said Myrtle
Beach spokesman Mark Kruea. "If the law is changed, cities may find
it's impossible to continue to provide water and sewer service to
customers outside city limits."
Annexation is expensive for cities, which must pay to expand
services such as police, fire, parks and road maintenance into newly
annexed areas.
The process is typically gradual. Each month, Myrtle Beach
annexes a few properties, extending the city limits by an acre at a
time.
The same process occurs in other cities and will as long as there
are restrictive covenants to enforce, officials said.
"Anybody who's got water service has probably signed an
annexation agreement," said North Myrtle Beach City Manager John
Smith.
Staff writer Erin Reed contributed to this
report.