RES 2013-36 Adopted RESOLUTION NO. 2013-36
AUTHORIZING CITY OFFICIALS TO TAKE ALL ACTION NECESSARY WITH
REGARD TO CERTAIN LITIGATION, AND OTHER MATTERS RELATING
THERETO
WHEREAS, the Mayor and the City Council of the City of North Augusta,
South Carolina (the "City") enacted Ordinance No. 96-10 on December 16, 1996 providing
for the creation of a tax increment financing district within the City and other matters related
thereto (the "TIF Ordinance");
WHEREAS, the City desired to make certain amendments to the TIF
Ordinance and enacted Ordinance No. 2013-19 on November 18, 2013 (the "Amending
Ordinance");
WHEREAS, the City is informed that a suit is currently pending in the Court
of Common Pleas for the Second Judicial Circuit, styled as Stephen P. Donahue, et al. v.
City of North Augusta, et al., Case No. 2013 CP 02-02781, which suit seeks the invalidation
of the Amending Ordinance, among other relief(the "Litigation");
WHEREAS, the plaintiffs are Stephen P. Donohue and The River Club
Homeowner's Association of North Augusta, Inc.;
WHEREAS, the existence of the Litigation is anticipated to delay the public
improvements envisioned in the Amending Ordinance and inhibit the issuance of any debt
obligations secured by TIF Revenues; and
WHEREAS, the expeditious resolution of such litigation is in the best
interests of the City.
NOW THEREFORE, BE IT RESOLVED that the Mayor and the City
Council of the City of North Augusta, South Carolina, have determined the following:
1. The Mayor and the City Administrator are hereby authorized to take
all action necessary or helpful in their judgment to bring the Litigation to a prompt
conclusion in the City's interest, including, but not limited to (a) answering the complaint,
(b) bringing counterclaims against the Plaintiffs, and (c) initiating additional litigation
against the Plaintiffs, including, but not limited to, filing suit for declaratory judgment in the
South Carolina Supreme Court.
2. The City Council expressly authorizes the Mayor and the City
Administrator to dismiss any claims by the City against any of the Plaintiffs should such
party dismiss, with prejudice, their claims against the City in the Litigation.
RESOLUTION AUTHORIZING LITIGATION
Page 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
16TH DAY OF DECEMBER, 2013.
Lark W. Jones, Mayor
ATTEST:
By: .
Donna B. Young, unicipaClerk