RES 2015-09 Adopted RESOLUTION NO. 2015-09
AUTHORIZING THE CITY TO REMAIN A PART OF THE PLAINTIFF CLASS IN
CASE NO. 2013-CP-10-4368, CHARLESTON COUNTY, RELATED TO AN ACTION
INVOLVING COLLECTION OF ACCOMMODATION TAXES
WHEREAS, the City has been advised by the attorneys representing a class
consisting of all municipalities, Counties, or other similarly-situated local taxing authorities
within the State of South Carolina that have enacted ordinances that levy accommodation
taxes or fees on the gross proceeds from the rental of sleep accommodations to transit
guests; and
WHEREAS, individually named Plaintiffs in the action include City of
Columbia, City of North Charleston, Aiken County, and Charleston County; and
WHEREAS, a settlement in such action has been reached that requires that
the City either remain in the class and accept the settlement as reached or opt-out and
exclude the City from said class, which would retain the right of the City to individually
pursue such litigation if it deemed appropriate; and
WHEREAS, current computations indicate that the City's recovery as part of
the class, which covers a time period prior to and through August 1, 2014 is $1,384.16; and
WHEREAS, the Mayor and Council have determined that it is in the best
interest of the City that the City remain in the class and accept such settlement proceeds as is
determined that the City is entitled to.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof do hereby direct that the City Attorney and City Administrator take any action, that
may be necessary to provide for the City to remain a member of the class and receive
settlement proceeds related to the settlement as currently proposed; and
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute any and all documents that may become necessary in order to carry out the intent of
this Resolution.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS THE 1 TH DAY OF MARCH,2015
Lark W. nes, Mayor
ATTEST:
Donna B. Young, Cit Clerk V