010416 Council Mtg MIns Adopted North
Augusta
South Carolina's Riverfront
MINUTES OF JANUARY 4, 2016
Lark W Jones, Mayor
James M Adams. Jr., Councilmember
J. Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
Kenneth J. McDowell, Councilmember
David W McGhee, Councilmember
ORDER OF BUSINESS
PUBLIC HEARING
ITEM 1. FINANCE: Public Hearing Re Installment purchase transaction
between the City of North Augusta, South Carolina (the
"City") and the North Augusta Public Facilities
Corporation (the "Corporation") regarding the
refinancing of the construction and equipping of a parking
garage on certain real property owned by the City and
located at 94 Center Street, North Augusta, South
Carolina 29841, the financing of the construction and
equipping of roads, water, sewer and related
infrastructure of the City, such infrastructure to be located
generally and bound by the Savannah River to the south,
Georgia Avenue to the east, the brick ponds to the north
and the Hammond's Ferry subdivision to the west, and
those portions of Center Street and Railroad Avenue
adjacent to such parcels, as applicable (together, the
"Project"), and the proposed issuance by the Corporation
of a not exceeding 513,000,000 Taxable Installment
Purchase Revenue Bond (Parking Garage and
Infrastructure Project), Series 2016 (the "Bond")
The Public Hearing of January 4, 2016, having been duly publicized, was
called to order by Mayor Jones at 7:05 p.m. Notice of the Public Hearing
was published in the Aiken Standard on December 22, 2015,. and the North
Augusta Star on December 23, 2015.
Notice of the Public Hearing by email was sent out to the current maintained
"Agenda Mailout" list consisting of news media outlets and individuals or
companies requesting notification. Notice of the Public Hearing was also
posted on the outside doors of the Municipal Center, the main bulletin board
of the Municipal Center located on the first floor, and the City of North
Augusta website.
Members present were Mayor Jones and Councilmembers Adams, Brooks,
Carpenter, Dickert, McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier,
City Attorney; Richard L. Meyer, Director of Parks, Recreation, and
Tourism; Scott L. Sterling, Director of Planning and Development; John C.
Thomas, Director of Public Safety; Thomas C. Zeaser, Director of
Engineering and Public Works; James E. Sutton, Director of Public Services;
Diana H. Miller, Manager of Human Resources; and Donna B. Young, City
Clerk.
There were no public comments. The Public Hearing closed at 7:10 p.m.
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of.January 4, 2016, having been duly publicized, was called to order by
Mayor Jones at 7:11 p.m. following the Public Hearing. Per Section 30-4-80(e) notice of the
meeting by email was sent out to the current maintained "Agenda Mailout" list consisting of
news media outlets and individuals or companies requesting notification. Notice of the
meeting was also posted on the outside doors of the Municipal Center, the main bulletin
board of the Municipal Center located on the first floor, and the City of North Augusta
website.
Mayor Jones rendered the invocation and led in the Pledge of Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Brooks, Carpenter,
Dickert, McDowell, and McGhee.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Richard L. Meyer, Director of Parks, Recreation, and Tourism; Scott L. Sterling, Director of
Planning and Development; John C. Thomas, Director of Public Safety; Thomas C. Zeaser,
Director of Engineering and Public Works; James E. Sutton, Director of Public Services;
Diana H. Miller, Manager of Human Resources; and Donna B. Young, City Clerk.
The minutes of the regular and study session meetings of December 21, 2015, were
approved by general consent.
ITEM 1. ZONING: North Augusta Development Code, Proposed Text
Amendment C, Option 1 (Application RZT 15-002) —
Ordinance, Third and Final Reading — Removed from
Table
On motion by Mayor Jones, second by Councilmember McDowell, a motion
that the above referenced item be removed from the agenda and not be on any
further agendas unless requested to be put back on the agenda by two or more
Councilmembers, was passed with a 6/1 vote. Voting for the motion were
Mayor Jones and Councilmembers Adams, Brooks, Carpenter, McDowell,
and McGhee. Voting against the motion was Councilmember Dickert.
Please see the minutes of October 26, 2015 for the ordinance text.
John Smith, 531 Georgia Avenue, North Augusta, South Carolina, made
comments regarding the promotion of downtown businesses and the fairness
of rules and regulations.
ITEM 2. FINANCE: AN AMENDED AND RESTATED ORDINANCE
AUTHORIZING THE CITY OF NORTH AUGUSTA,
SOUTH CAROLINA TO ENTER INTO AN
INSTALLMENT PURCHASE TRANSACTION IN THE
PRINCIPAL AMOUNT OF NOT EXCEEDING
THIRTEEN MILLION DOLLARS ($13,000,000) TO
REFINANCE THE COSTS RELATING TO THE
CONSTRUCTION AND EQUIPPING OF A PARKING
GARAGE ON CERTAIN REAL PROPERTY OWNED
BY THE CITY AND DESCRIBED HEREIN AND
FINANCE THE COSTS RELATING TO THE
CONSTRUCTION AND EQUIPPING OF CERTAIN
WATER, SEWER AND RELATED INFRASTRUCTURE
LOCATED WITHIN A TAX INCREMENT FINANCING
DISTRICT OF THE CITY; AUTHORIZING THE
EXECUTION AND DELIVERY OF VARIOUS
DOCUMENTS INCLUDING AN AMENDED AND
RESTATED BASE LEASE AGREEMENT AND AN
AMENDED AND RESTATED INSTALLMENT
PURCHASE AND USE AGREEMENT; DELEGATING
THE AUTHORITY TO THE MAYOR AND CITY
ADMINISTRATOR TO DETERMINE CERTAIN
MATTERS; AND OTHER MATTERS RELATING
THERETO—Ordinance, Third and Final Reading
On motion by Councilmember McDowell, second by Councilmember
Carpenter, a motion to amend the ordinance was unanimously passed.
The amendment is to Section 6. Execution of Documents and is as follows
and is marked in blue:
Section 6. Execution of Documents.
The Mayor and the City Administrator, or either one of them acting
alone, and the City Clerk are fully empowered and authorized to take such
further actions and to execute and deliver such additional documents as may
be deemed necessary or desirable in order to effectuate the execution and
delivery of the Base Lease and the Installment Purchase Agreement in
accordance with the terms and conditions therein set forth, and the
transactions contemplated hereby and thereby, and the action of such officers
in executing and delivering any of such documents, in such form as the
Mayor and the City Administrator shall approve, is hereby fully authorized
provided, however, that that cater the issuance of the Interim Bond but before
an?drawdown of funds thereunder by the Corporation in excess oldie
amount of the Prior Interim Bond(570,000,000), the City Council shall have
adopted a resolution, in meeting duly called and with a quorum present,
authorizing the Mavor and the City Administrator to request that the
Corporation effect one or more draws under the Interim Bond in amounts up
to but not 10 exceed, together with the principal amount of.the Prior Interim
Bond, the available principal amount of the Interim Bond (513,000,000),:-
The City Council hereby retains the law firm of Pope Flynn, LLC as bond
counsel with respect to the transactions authorized by this Ordinance.
On motion by Mayor Jones, second by Councilmember Dickert, Council
unanimously adopted the ordinance, as amended, on third and final reading.
The amendment was a clarification made at the request of Council to the City
Attorney and not a major change to the ordinance.
The amended ordinance text is as follows:
ORDINANCE NO. 2015-24
AN AMENDED AND RESTATED ORDINANCE AUTHORIZING THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA TO ENTER INTO AN INSTALLMENT
PURCHASE TRANSACTION IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING THIRTEEN MILLION DOLLARS ($13,000,000) TO REFINANCE
THE COSTS RELATING TO THE CONSTRUCTION AND EQUIPPING OF A
PARKING GARAGE ON CERTAIN REAL PROPERTY OWNED BY THE CITY
AND DESCRIBED HEREIN AND FINANCE THE COSTS RELATING TO THE
CONSTRUCTION AND EQUIPPING OF CERTAIN ROADS, WATER, SEWER
AND RELATED INFRASTRUCTURE LOCATED WITHIN A TAX INCREMENT
FINANCING DISTRICT OF THE CITY; AUTHORIZING THE EXECUTION AND
DELIVERY OF VARIOUS DOCUMENTS INCLUDING THE BASE LEASE
AGREEMENT AND THE INSTALLMENT PURCHASE AND USE AGREEMENT;
DELEGATING THE AUTHORITY TO THE MAYOR AND CITY
ADMINISTRATOR TO DETERMINE CERTAIN MATTERS; AND OTHER
MATTERS RELATING THERETO.
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF NORTH
AUGUSTA, AS FOLLOWS:
Section 1. Definitions.
The terms defined in this Section for all purposes of this amended and restated
ordinance (this "Ordinance") shall have the respective meanings as set forth in this Section.
The term:
"Bank" means Bank of America, N.A., or any affiliate of Bank of America, N.A. or
such other financial institution as approved by the City Representative.
"Base Lease" means the Amended and Restated Base Lease Agreement by and
between the City and the Corporation to be dated as of the date of its delivery, together with
any amendments, modifications and restatements thereof or substitutions therefor, in each
case the form of which shall be negotiated, determined and finalized by a City
Representative.
"Bond" means, collectively, the Interim Bond and the Permanent Bond.
"Bond Agreement" means the Bond Agreement by and between the Corporation and
the Trustee (or the Bank, as more fully provided herein) to be dated as of the date of its
delivery, together with any amendments, modifications and restatements thereof or
substitutions therefor.
"City" means the City of North Augusta, South Carolina.
"City Administrator" shall mean the City Administrator of the City and any
individual appointed to act as City Administrator subsequent hereto.
"City Clerk" shall mean the City Clerk of the City of North Augusta.
"City Council" means the City Council of the City of North Augusta.
"City Representative" shall mean the Mayor, the City Administrator or any other
City official or representative selected to act on behalf of the City.
"Corporation" means the North Augusta Public Facilities Corporation, a South
Carolina nonprofit corporation.
"Financing" means, collectively, the Prior Interim Financing, the Interim Financing
and the Permanent Financing, all as more fully described in Sections 2(c) and (d) hereof.
"Financing Documents" means collectively, the Base Lease, the Installment
Purchase Agreement, and the Bond Agreement.
"Installment Payments" has the meaning assigned to such term in Section 2(e).
"Installment Purchase Agreement" means the Amended and Restated Installment
Purchase and Use Agreement by and between the Corporation and the City to be dated as of
the date of its delivery, together with any amendments, modifications and restatements
thereof or substitutions therefor, in each case the form of which shall be negotiated,
determined and finalized by a City Representative.
"Interim Bond" means the installment purchase revenue bond issued by the
Corporation in connection with the Interim Financing in the form of a not exceeding
$13,000,000 Taxable Installment Purchase Revenue Bond (Parking Garage and
Infrastructure Project), Series 2016.
"Interim Financing" means the installment purchase transaction to be entered into
in anticipation of the Permanent Financing, all for the purposes of refinancing or financing
the Project, and consisting of the issuance of the Interim Bond.
"Mayor" shall mean the Mayor of the City.
"Ordinance" means this Ordinance of the City.
"Permanent Bond" means the installment purchase revenue bond(s) issued in
connection with the Permanent Financing to refinance or refund the Interim Bond.
"Permanent Financing" means the installment purchase transaction to be entered
into in order to refund or refinance the Interim Financing, all for the purpose of financing the
Project, and consisting of the issuance of the Permanent Bond.
"Prior Interim Bond" means the installment purchase revenue bond issued by the
Corporation in connection with the initial Interim Financing in the form of a $10,000,000
Taxable Installment Purchase Revenue Bond (Parking Garage Project), Series 2015A dated
January 21, 2015.
"Prior Interim Financing" means the initial installment purchase transaction entered
into on January 21, 2015 through the issuance of the Prior Interim Bond, in anticipation of
the Permanent Financing, all for the purpose of financing the Prior Project.
"Prior Ordinance" means an ordinance enacted by the City Council on December
15, 2014, the provisions of which, in part, authorized the Prior Project, the Prior Interim
Financing and the approval of the issuance of the Prior Interim Bond by the Corporation.
"Prior Project" means the construction and equipping of a parking garage facility.
"Project" means (a) the Prior Project, and (b) the construction and equipping of
roads, water, sewer and related infrastructure of the City, such infrastructure to be located
generally and bound by the Savannah River to the south, Georgia Avenue to the east, the
brick ponds to the north and the Hammond's Ferry subdivision to the west, and those
portions of Center Street and Railroad Avenue adjacent to such parcels, as applicable.
"Real Property" means all those certain pieces, parcels or tracts of land as described
on Exhibit A hereto, including the existing improvements thereon as of the date hereof.
"State" shall mean the State of South Carolina.
``Trustee" means a financial institution that shall act as trustee in connection with the
consummation of the Financing Documents, such institution to be selected by a City
Representative; provided that the Financing Documents may provide that so long as the
Bank is the sole owner of the Bond, the Bond Agreement will function as a loan agreement
between the Bank, for its own account and not as a bond trustee, and the Corporation and, if
the Bond Agreement provides for the role of a Trustee, then, except as otherwise provided in
the Bond Agreement, (a)the Bank shall succeed to all of the rights and obligations of the
Trustee thereunder and (b) all references therein to the Trustee shall be deemed to be
references to the Bank.
Section 2. Findings and Determinations.
The City Council hereby finds and determines:
(a) The City is a body politic and corporate of the State and as such possesses all
general powers granted to municipalities of the State.
(b) Under South Carolina law, the City is authorized to sell, lease or dispose of
personal and/or real or mixed property.
(c) The City Council enacted the Prior Ordinance to provide for the authorization
of the Prior Project, the entering into of the Prior Interim Financing and the approval of the
issuance by the Corporation of the Prior Interim Bond. The provisions of the Prior
Ordinance allowed for the extension of the Prior Interim Financing subject to the approval
of the Bank. This Ordinance is being enacted for the purposes of: (i) providing for the
refinancing of the Prior Interim Financing and providing funds to pay off the Prior Interim
Bond; (ii) expanding the original scope of the Prior Project by increasing the par amount of
the original authorization contained within the Prior Ordinance by $3,000,000 and
expanding the scope of the Prior Project to include the construction and equipping of roads,
water, sewer and related infrastructure of the City; (iii) authorizing the entering into and
execution of the Financing Documents; (iv) authorizing the consummation of the Interim
Financing and the approval of the issuance and delivery by the Corporation of the Interim
Bond; and (v) amending and restating the Prior Ordinance.
(d) The Financing of the Project will be effected through an installment purchase
transaction pursuant to which the City will enter into the Base Lease and the Installment
Purchase Agreement; provided that it is understood that the installment purchase transaction
initially will be structured as the Interim Financing and that the maturity of such Interim
Financing will be approximately one year from the closing thereof, subject to a one year
extension as determined by the Bank in its sole discretion, and that the Permanent Financing
will occur on or before the maturity of the Interim Financing, all as more fully contemplated
in the Financing Documents.
(e) Pursuant to the provisions of the Base Lease, the City will lease the Real
Property to the Corporation in consideration of (i) the issuance by the Corporation of the
Bond pursuant to the provisions of the Bond Agreement, and (ii) the payment of Base Lease
Rent (as defined in the Base Lease) to the City. The Bond will be paid by the Corporation
from the receipts of certain payments (the "Installment Payments") made by the City to the
Corporation under the provisions of the Installment Purchase Agreement. Pursuant to the
provisions of the Installment Purchase Agreement, the City will agree to purchase from the
Corporation the Facilities (as defined in the Installment Purchase Agreement) by making the
Installment Payments. Notwithstanding the foregoing, the Financing Documents will
provide that the refunding or refinancing of the Interim Bond with the Permanent Bond will
be permitted and, when consummated, will not constitute one or more Installment Payments,
but rather, in such case, the Installment Payments will be provided for in the definitive
documents relating to the issuance of the Permanent Bond.
(f) The proceeds of the Bond will be used (i) to defray all or a portion of the
costs of the financing or refinancing of the Project (or, in the case of the Permanent Bond, to
refund the Interim Bond), and (ii) to pay the costs of issuance of the Bond.
(g) It is understood that the Interim Bond evidencing the Interim Financing shall
be purchased initially by the Bank.
(h) The rights to receive Installment Payments, together with all rights, but not
obligations of the Corporation under the Base Lease and the Installment Purchase
Agreement, shall be assigned by the Corporation to the Trustee, or the Bank, as applicable,
under the Bond Agreement as security and a source of payment for the Bond. In addition,
the revenues generated by the Project shall be assigned by the Corporation and the City to
the Trustee, or the Bank, as applicable, under the Bond Agreement as security and a source
of payment for the Bond. It is also understood that the Interim Bond evidencing the Interim
Financing will be secured in part by a covenant of the Corporation to consummate the
Permanent Financing described herein through the issuance of the Permanent Bond on or
prior to the maturity of the Interim Bond and the proceeds of the Permanent Bond will be
used, among other purposes, to refund the Interim Bond.
(i) As previously discussed, in order to finance or refinance all or a portion of
the costs of the Project, the City Council has determined that it is necessary and in the best
interest of the City to enter into the Financing authorized by this Ordinance with the
Corporation. The Financing will serve a proper public and corporate purpose of the City.
(j) It is understood that the Permanent Financing shall be subject to approval of a
separate ordinance of the City to be enacted by City Council prior to the consummation of
such Permanent Financing.
Section 3. Authorization for the Project; Pledge of Revenues.
The Project is hereby approved. The City Representative or such other appropriate
officers and agents of the City are empowered and directed to negotiate, execute and deliver
contracts, agreements, certificates and conveyances necessary or convenient to accomplish
the Project and pledge the revenues therefrom as security for payment of the Bond,
including, without limitation, the Financing Documents. In connection with the
consummation of the Interim Financing, the City is authorized to pay or is authorized to
cause the Corporation to pay to the Bank all accrued interest and any unused fees with
respect to the Prior Interim Bond, such payment of accrued interest and any unused fees to
be paid to the Bank at or prior to the closing of the Interim Financing.
Section 4. Approval of Corporation and Issuance of Bond.
The City hereby ratifies the formation of the Corporation, the appointment of the
Corporation's initial Board of Directors and the issuance by the Corporation of the Bond.
The City also acknowledges that, in accordance with the provisions of the Installment
Purchase Agreement, the City will acquire absolute title to the Facilities upon payment of all
amounts due under the Installment Purchase Agreement;provided, however, that the City
does not hereby waive its right to terminate the Installment Purchase Agreement prior to
such payment in accordance with the provisions of the Installment Purchase Agreement.
Section 5. Delegation of Ci Representative to Approve Base Lease, Installment
Purchase Agreement, and Bond Agreement.
The City Council hereby approves the City Representative to negotiate, make such
determinations as may he necessary, and finalize the Base Lease. The Mayor or the City
Administrator is hereby authorized, empowered and directed to execut , acknowledge and
deliver, and the City Clerk is hereby authorized, empowered and directed to attest, the Base
Lease in the name and on behalf of the City, and thereupon to cause the Base Lease to be
delivered to the Corporation and to cause the Base Lease (or memorandum thereof) to be
recorded in the office of the Register of Deeds for Aiken County, South Carolina. Any
amendment to the Base Lease shall be executed in the same manner.
The City Council hereby approves the City Representative to negotiate, make such
determinations as may be necessary, and finalize the Installment Purchase Agreement. The
Mayor or the City Administrator is hereby authorized, empowered and directed to execute,
acknowledge and deliver, and the City Clerk is hereby authorized, empowered and directed
to attest, the Installment Purchase Agreement in the name and on behalf of the City, and
thereupon to cause the Installment Purchase Agreement to be delivered to the Corporation
and to cause the Installment Purchase Agreement (or memorandum thereof) to be recorded
in the office of the Register of Deeds for Aiken County, South Carolina. Any amendment to
the Installment Purchase Agreement shall be executed in the same manner.
The City is not a party to the Bond Agreement, but the City acknowledges that the
Bond Agreement is an integral part of the documents related to the Financing. A City
Representative is hereby authorized to provide for the review and approval of the form of
the Bond Agreement with such additions, deletions, amendments and changes as may be
deemed necessary by the parties thereto and approved by the City Representative prior to the
consummation of the Financing.
Section 6. Execution of Documents.
The Mayor and the City Administrator, or either one of them acting alone, and the
City Clerk are fully empowered and authorized to take such further actions and to execute
and deliver such additional documents as may be deemed necessary or desirable in order to
effectuate the execution and delivery of the Base Lease and the Installment Purchase
Agreement in accordance with the terms and conditions therein set forth, and the
transactions contemplated hereby and thereby, and the action of such officers in executing
and delivering any of such documents, in such form as the Mayor and the City
Administrator shall approve, is hereby fully authorized; provided, however, that that after
the issuance of the Interim Bond but before any drawdown of funds thereunder by the
Corporation in excess of the amount of the Prior Interim Bond ($)0,000,000), the City
Council shall have adopted a resolution, in meeting duly called and with a quorum present,
authorizing the Mayor and the City Administrator to request that the Corporation effect one
or more draws under the Interim Bond in amounts up to hut not to exceed, together with the
principal amount of the Prior Interim Bond, the available principal amount of the Interim
Bond ($13,000,000). The City Council hereby retains the law firm of Pope Flynn, LLC as
bond counsel with respect to the transactions authorized by this Ordinance.
Section 7. Severability.
If any section, phrase, sentence, or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
Section 8. Amendment and Restatement; Repeal of Inconsistent Ordinances and
Resolutions.
This Ordinance amends and restates the Prior Ordinance. All ordinances and
resolutions of the City, and any part of any ordinance or resolution, inconsistent with this
Ordinance are hereby repealed to the extent of such inconsistency.
Section 9. Effective Date.
This Ordinance shall be effective upon its enactment by the City Council.
DONE, RATIFIED AND ENACTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA IN MEETING DULY
ASSEMBLED ON THIS 4TH DAY OF JANUARY, 2016.
(SEAL)
Lark W. Jones, Mayor
ATTEST:
Donna B. Young, City Clerk
First Reading: December 21, 2015
Second Reading: December 21, 2015
Public Hearing: January 4, 2016
Third Reading: January 4, 2016
EXHIBIT A
Description of the Real Property
ALL THAT LOT,TRACT OR PARCEL OF LAND, WITH ANY IMPROVEMENTS THEREON, SITUATE,
LYING AND BEING IN THE CITY OF NORTH AUGUSTA,AIKEN COUNTY, SOUTH CAROLINA,
HAVING THE FOLLOWING METES AND BOUNDS, TO WIT:
COMMENCING AT THE SOUTHEAST INTERSECTION OF BLUFF AVENUE AND WEST AVENUE
AT A PK NAIL FOUND BEING THE POINT OF COMMENCEMENT; THENCE SOUTH 19 DEGREES 27
MINUTES 31 SECONDS WEST(s19°27'31"W),A DISTANCE OF 185.93 FEET TO A#4 REBAR SET
BEING THE POINT OF BEGINNING: THENCE SOUTH 70 DEGREES 18 MINUTES 41 SECONDS
EAST(S70°1 8'41"E), A DISTANCE OF 324.42 FEET TO A#4 REBAR SET; THENCE SOUTH 17
DEGREES 04 MINUTES 52 SECONDS WEST(S17°04'52"W),A DISTANCE OF 194.71 FEET TO A #4
REBAR FOUND; THENCE NORTH 72 DEGREES 55 MINUTES 08 SECONDS WEST(N72°55'08"W),A
DISTANCE OF 18.43 FEET TO A#4 REBAR FOUND; THENCE ALONG A CURVE HAVING A
RADIUS OF 118.00 FEET AND AN ARC LENGTH OF 78.37 FEET, WITH A CHORD BEARING OF
SOUTH 88 DEGREES 03 MINUTES 18 SECONDS WEST(S88°03'18"W)AND A CHORD DISTANCE OF
76.94 FEET TO#4 REBAR SET; THENCE NORTH 67 DEGREES 48 MINUTES 09 SECONDS WEST
(N67°48'09"W), A DISTANCE OF 42.59 FEET TO A#4 REBAR FOUND; THENCE NORTH 19
DEGREES 25 MINUTES 18 SECONDS EAST(N19°25'18"E), A DISTANCE OF 24.57 FEET TO A #4
REBAR SET; THENCE NORTH 70 DEGREES 19 MINUTES 10 SECONDS WEST(N70°19'10"W),A
DISTANCE OF 199.89 FEET TO A#4 REBAR SET;THENCE NORTH 19 DEGREES 27 MINUTES 31
SECONDS EAST(N 19°27'31"E), A DISTANCE OF 28.39 FEET TO A#4 REBAR SET; THENCE SOUTH
70 DEGREES 12 MINUTES 34 SECONDS EAST(S70°12'34"E), A DISTANCE OF 5.00 FEET TO A#4
REBAR SET; THENCE NORTH 19 DEGREES 27 MINUTES 31 SECONDS EAST (N19°27'31"E),A
DISTANCE OF 77.21 FEET TO A #4 REBAR SET; THENCE NORTH 70 DEGREES 12 MINUTES 34
SECONDS WEST(N70°12'34"W), A DISTANCE OF 5.00 FEET TO A#4 REBAR SET; THENCE NORTH
19 DEGREES 27 MINUTES 31 SECONDS EAST(N19°27'31"E), A DISTANCE OF 91.71 FEET TO A#4
REBAR SET BEING THE POINT OF BEGINNING CONTAINING 1.51 ACRES.
Minutes of Regular Meeting of 01/04/16
STATE OF SOUTH CAROLINA )
COUNTY OF AI KEN )
I, the undersigned, City Clerk of the City of North Augusta, South Carolina(the "City"),
Do HEREBY CERTIFY THAT:
The foregoing constitutes a true, correct and verbatim copy of an ordinance (the
'`Ordinance") enacted on January 4, 2016 by the City Council of the City of North Augusta(the
"City Council"), the governing body of the City, which was given three readings on three
separate days, with an interval of not less than seven days between the second and third readings.
The original of the Ordinance is duly entered in the permanent records of minutes of meetings of
the City Council, in my custody as such City Clerk.
Said meetings were duly called, and all members of the City Council were notified of the
same; that a quorum of the membership attended and remained throughout the proceedings
incident to the enactment of the Ordinance.
As required by Chapter 4, Title 30 of the Code of Laws of South Carolina 1976, as
amended, a notice of the meeting (including the date, time, and place thereof, as well as an
agenda) was posted prominently in the offices of the City at least twenty-four hours prior to said
meetings. In addition, the local news media and all persons requesting notification of meetings
of the City Council were notified of the time, date, and place of such meetings, and were
provided with a copy of the agendas therefor at least twenty-four hours in advance of such
meetings.
The Ordinance is now of full force and effect, and has not been modified, amended or
repealed.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City, this
_ day of January, 2016.
(SEAL) _
City Clerk
City of North Augusta, South Carolina
First Reading: December 21, 2015
Second Reading: December 21, 2015
Public Hearing: January 4, 2016
Third Reading: January 4, 2016
4849-4655-5436,v. 3
Minutes of Regular Meeting of 01/04/16
ITEM 3. PARKS, RECREATION, AND LEISURE SERVICES: Authorizing and
Implementation of the Name Change for the Department of Recreation and
Parks— Ordinance, Third and Final Reading
On motion by Councilmember Brooks, second by Councilmember Carpenter,
Council unanimously adopted an ordinance on third and final reading authorizing
and implementing the name change for the Department of Recreation and Parks to
the Department of Parks, Recreation, and Tourism by amending Article X of the
Code of Ordinances for the City of North Augusta, Section 2-230 -2-236.
Please see the minutes of December 21, 2015 for the ordinance text.
ITEM 4. ANNEXATION: Property located along Gregory Lake Road, Tax Parcel
Numbers 106-00-00-009 and 106-00-00-010, 82.82 ± Acres — Petition,
Resolution to Accept
On motion by Councilmember Carpenter, second by Councilmember Brooks,
Mayor and Council unanimously passed a resolution accepting an annexation
petition of various property owners in which they request the annexation of 82.82
± acres of property located along Gregory Lake Road, Tax Parcel Numbers 106-
00-00-009 and 106-00-00-010.
Also included herein are the rights of way of Gregory Lake Road adjoining the
property to be annexed.
At the request of the current owners, the annexation petition is contingent upon
the complete transfer of ownership of the two parcels from the current owners to
Metro Homesites, LLC. The owners request that third and final reading of the
annexation ordinance take place after the transfer of ownership is complete.
The resolution text is as follows:
RESOLUTION NO. 2016-01
TO ACCEPT A PETITION FOR ANNEXATION
OF ±82.82 ACRES OF PROPERTY LOCATED
ALONG GREGORY LAKE ROAD
AND OWNED BY HENRY P. REESE, JR., BARBARA R.
HERLONG, ELSIE R. MORGAN, FAYE M. SPEIGHT,
SUSAN M. KECK, VIRGINIA ANN HODSON
AND PRISCILLA DIANNE WITEK,
AND BY CONTRACT PURCHASER, METRO HOMESITES, LLC
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons owning
Minutes of Regular Meeting of 01/04/16
real estate in the area requesting annexation. Upon the agreement of the governing body to
accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to he
in the best interest of the City to accept a petition for annexation attached hereto dated September
23, 2015.
The property sought to be annexed is described as follows:
All that piece, parcel or lot of land, with all improvements thereon, situate, lying and
being in the County of Edgefield, State of South Carolina, containing 41.21 acres, more or less,
as will more fully appear by reference to a plat thereof prepared by Joe L. Grant, RLS, dated
June 1968, and recorded in the Office of the Register of Deeds for Edgefield County in Plat
Book 17 at page 6. Said plat is incorporated in and made a part and parcel of this description by
reference thereto. Said plat is craved for a more complete and accurate description of the exact
metes, bounds, distances and location. Subject to all easements and restrictions of record.
Also, all that piece, parcel or lot of land, with all improvements thereon, situate, lying and
being in the County of Edgefield, State of South Carolina, containing 0.5 acres, more or less, as
will more fully appear by reference to a plat thereof, prepared by Joe L. Grant, RLS, dated
December 23, 1987, and recorded in the Office of the Register of Deeds for Edgefield County in
Plat Book 29 at page 154. Said plat is incorporated in and made a part and parcel of this
description by reference thereto. Said plat is craved for a more complete and accurate
description of the exact metes, bounds, distances and location. Subject to all easements and
restrictions of record.
This being the identical lands conveyed to Henry P. Reese, Jr., Barbara R. Herlong and
Elsie R. Morgan by deed recorded in the Office of the Register of Deeds for Edgefield County in
Deed Book 62, page 226.
This also being the identical lands conveyed to Faye M. Speight and Susan M. Keck,
reserving a Life Estate for Elsie R. Morgan by deed recorded in the Office of the Register of
Deeds for Edgefield County in Deed Book 919, pages 148-150.
Tax Parcel Number 106-00-00-010
Also, all that certain piece, parcel or tract of land, situate, lying and being in Edgefield
County, South Carolina, located off Martintown Road approximately five miles north of North
Augusta, containing 41.108 acres, more or less, as shown by plat of Joe L. Grant, Surveyor,
dated June 1968, which plat is made a part and parcel hereof and by reference thereto and is
recorded in Plat Book 17 at page 6 in the Office of the Clerk of Court for Edgefield County, said
lands being bounded on the northeast by lands of W.B. Capers; on the northwest by Parcel No. 4,
lands of James W. Bunch; on the west by Parcel No. 6, lands of Harry G. Bunch, Jr., and Parcel
No. 2, lands of Henry Reece, et al.; and on the southeast by lands of W.B. Capers.
Minutes of Regular Meeting of 01/04/16
This is the identical property conveyed to Virginia Ann Hodson and Priscilla Dianne
Witek by deed recorded in the Office of the Register of Deeds for Edgefield County in Deed
Book 86, page 86.
Tax Parcel Number 106-00-00-009
The property to be annexed is also shown on a map identified as "Exhibit A" titled "Map
of Property Sought to be Annexed to the City of North Augusta" dated August 7, 2015 and
prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of
North Augusta in meeting duly assembled and by the authority thereof that the Petition to annex
the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2016.
ITEM 5. ANNEXATION: Property located along Gregory Lake Road, Tax Parcel
Numbers 106-00-00-009 and 106-00-00-010, 82.82 ± Acres — Ordinance, First
Reading
On motion by Councilmember McGhee, second by Councilmember Carpenter,
Mayor and Council unanimously passed on first reading an ordinance to effect the
annexation of various property owners in which they request the annexation of
82.82 ± acres of property located along Gregory Lake Road, Tax Parcel Numbers
106-00-00-009 and 106-00-00-010.
Also included herein are the rights of way of Gregory Lake Road adjoining the
property to be annexed.
The zoning classification recommended for this property, R-10, Medium Lot,
Single Family Residential, is consistent with the future land use classification of
the property, Low Density Residential, as specified in the Land Use Element of
the 2005 Comprehensive Plan.
The ordinance text is as follows:
ORDINANCE NO. 2016-01
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING±82.82 ACRES OF PROPERTY LOCATED
ALONG GREGORY LAKE ROAD
AND OWNED BY HENRY P. REESE, JR., BARBARA R.
HERLONG, ELSIE R. MORGAN, FAYE M. SPEIGHT,
Minutes of Regular Meeting of 01/04/16
SUSAN M. KECK, VIRGINIA ANN HODSON
AND PRISCILLA DIANNE WITEK,
AND BY CONTRACT PURCHASER, METRO HOMESITES, LLC
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this section,
any area or property which is contiguous to a municipality may be annexed to the municipality
by filing with the municipal governing body a petition signed by all persons owning real estate in
the area requesting annexation. Upon the agreement of the governing body to accept the petition
and annex the area, and the enactment of an ordinance declaring the area annexed to the
municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2016-01 dated January 4, 2016, accepted a Petition for Annexation
and wish to annex the below described properties; and
WHEREAS, the zoning classification recommended for the properties proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
properties as specified in the Land Use Element of the 2005 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that:
I. The following described property shall be annexed into the City of North
Augusta:
All that piece, parcel or lot of land, with all improvements thereon, situate, lying
and being in the County of Edgefield, State of South Carolina, containing 41.21
acres, more or less, as will more fully appear by reference to a plat thereof
prepared by Joe L. Grant, RLS, dated June 1968, and recorded in the Office of the
Register of Deeds for Edgefield County in Plat Book 17 at page 6. Said plat is
incorporated in and made a part and parcel of this description by reference
thereto. Said plat is craved for a more complete and accurate description of the
exact metes, bounds, distances and location. Subject to all easements and
restrictions of record.
Also, all that piece, parcel or lot of land, with all improvements thereon, situate,
lying and being in the County of Edgefield, State of South Carolina, containing
0.5 acres, more or less, as will more fully appear by reference to a plat thereof,
prepared by Joe L. Grant, RLS, dated December 23, 1987, and recorded in the
Office of the Register of Deeds for Edgefield County in Plat Book 29 at page 154.
Said plat is incorporated in and made a part and parcel of this description by
reference thereto. Said plat is craved for a more complete and accurate
Minutes of Regular Meeting of 01/04/16
description of the exact metes, bounds, distances and location. Subject to all
easements and restrictions of record.
This being the identical lands conveyed to Henry P. Reese, Jr., Barbara R.
Herlong and Elsie R. Morgan by deed recorded in the Office of the Register of
Deeds for Edgefield County in Deed Book 62, page 226.
This also being the identical lands conveyed to Faye M. Speight and Susan M.
Keck, reserving a Life Estate for Elsie R. Morgan by deed recorded in the Office
of the Register of Deeds for Edgefield County in Deed Book 919, pages 148-150.
Tax Parcel Number 106-00-00-010
Also, all that certain piece, parcel or tract of land, situate, lying and being in
Edgefield County, South Carolina, located off Martintown Road approximately
five miles north of North Augusta, containing 41.108 acres, more or less, as
shown by plat of Joe L. Grant, Surveyor, dated June 1968, which plat is made a
part and parcel hereof and by reference thereto and is recorded in Plat Book 17 at
page 6 in the Office of the Clerk of Court for Edgefield County, said lands being
bounded on the northeast by lands of W.B. Capers; on the northwest by Parcel
No. 4, lands of James W. Bunch; on the west by Parcel No. 6, lands of Harry G.
Bunch, Jr., and Parcel No. 2, lands of Henry Reece, et al.; and on the southeast by
lands of W.B. Capers.
This is the identical property conveyed to Virginia Ann Hodson and Priscilla
Dianne Witek by deed recorded in the Office of the Register of Deeds for
Edgefield County in Deed Book 86, page 86.
Tax Parcel Number 106-00-00-009
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated August 7, 2015 and prepared by the City of North Augusta.
II. The zoning classification recommended for the properties to be annexed is
consistent with the Future Land Use Classification of the properties as specified in
the Land Use Element of the 2005 Comprehensive Plan; therefore, the properties
shall be zoned R-10, Medium Lot, Single Family Residential, as shown on a map
identified as "Exhibit B" titled "ANX 015-001 Zoning of Property Sought to be
Annexed to the City of North Augusta" dated August 7, 2015 and prepared by the
City of North Augusta.
III. Also included herein are the rights of way of Gregory Lake Road adjoining the
property to be annexed as shown on a map identified as "Exhibit C" titled "ANX
15-001 Map of Property Sought to be Annexed to the City of North Augusta"
dated August 7, 2015 and prepared by the City of North Augusta.
Minutes of Regular Meeting of 01/04/16
IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
V. This Ordinance shall become effective immediately upon its adoption on third and
final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2016.
ITEM 6. ANNEXATION: Property located along Gregory Lake Road, Tax Parcel
Numbers 106-00-00-009 and 106-00-00-010, 82.82 ± Acres — Ordinance,
Second Reading
On motion by Mayor Jones, second by Councilmember Brooks, Mayor and
Council unanimously passed on second reading an ordinance to effect the
annexation of various property owners in which they request the annexation of
82.82 ± acres of property located along Gregory Lake Road, Tax Parcel Numbers
106-00-00-009 and 106-00-00-010.
Also included herein are the rights of way of Gregory Lake Road adjoining the
property to be annexed.
The zoning classification recommended for this property, R-10, Medium Lot,
Single Family Residential, is consistent with the future land use classification of
the property, Low Density Residential, as specified in the Land Use Element of
the 2005 Comprehensive Plan.
Please see Item No. 5 above for the ordinance text.
ITEM 7. JUSTICE AND LAW: 2016 Jury List—Motion to Accept
On motion by Mayor Jones, second by Councilmember Carpenter, Council
unanimously approved the new jury list for 2016 containing the names of all
registered voters and the names of individuals with a South Carolina driver's
license in our jurisdiction.
ITEM 8. STREETS AND DRAINS: Deed of Dedication for Merovan Detention
Pond—Resolution
On motion by Councilmember McDowell, second by Mayor Jones, a motion
accepting a deed of dedication for the Merovan Detention Pond located East of
Edgefield Road at the entrance to the Merovan (AKA Sweetwater) Business
Center was unanimously passed by Mayor and Council.
Minutes of Regular Meeting of 01/04/16
The resolution text is as follows:
RESOLUTION NO. 2016-02
ACCEPTING A DEED OF DEDICATION FOR THE MEROVAN DETENTION POND
LOCATED EAST OF EDGEFIELD ROAD AT THE ENTRANCE TO THE MEROVAN (AKA
S WEETWATER) BUSINESS CENTER
WHEREAS, Benjamin Roy Smith and Byron Millard Morris, (Grantors) co-
trustees for the Merovan Property Owners Association, Inc., granted an easement to the City of
North Augusta (Grantee) to construct a waterline on their property; and
WHEREAS, in consideration, the Grantors have requested that the City accept
ownership and responsibility for the detention pond located on the Merovan property.
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 accept a deed of dedication for:
ALL that certain parcel of land, with the improvements thereon, containing ±0.42
acres and identified as Tract "C", attached hereto as "Exhibit A" and recorded in
Plat Book 58, Page 927 of the RMC Office, Aiken County, South Carolina.
Tax Parcel Number 010-10-07-001 (portion of)
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2016.
ITEM 9. CITY PROPERTY: Authorization of the Sale of Real Estate as Shown on a
Plat Prepared by K. L. Wise Surveyor, Dated June 10, 1954, Known as 499
Brookside Avenue, North Augusta, South Carolina— Ordinance, First
Reading
On motion by Councilmember Carpenter, second by Councilmember Brooks,
Mayor and Council unanimously passed on first reading an ordinance authorizing
the sale of real estate as shown on a plat prepared by K. L Wise, Surveyor, dated
June 10, 1954, and known as 499 Brookside Avenue, North Augusta, South
Carolina.
The ordinance text is as follows:
ORDINANCE NO. 2016-02.
AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE AS SHOWN ON A PLAT
PREPARED BY K. L. WISE SURVEYOR, DATED JUNE 10, 1954,
KNOWN AS 499 BROOKSIDE AVENUE, NORTH AUGUSTA, SOUTH CAROLINA
TO ACACIA MASONIC LODGE NO. 315
Minutes of Regular Meeting of 01/04/16
WHEREAS, the City of North Augusta has previously entered into a 99 year lease
of the property known as 499 Brookside Avenue, North Augusta, South Carolina with the Acacia
Masonic Lodge No. 315; and,
WHEREAS, there remains a period of 38 years on such lease; and,
WHEREAS, representatives of Acacia Masonic Lodge No. 315 have approached
the City and requested that the City sell the premises to such organization to allow for the
organization to make substantial improvements to the property which they would be unable to
financially justify without ownership of the property; and,
WHEREAS, following the initial request by the Lodge, the City requested that an
appraisal be made and that appraisal has resulted in a determination that the present day value of
the land, with improvements thereon, giving consideration for the remaining lease hold interest,
is $30,000.00; and,
WHEREAS, the City previously, under similar circumstances, sold another piece
of property in the same area that was also subject of an original 99 year lease to American
Legion Post No. 71; and,
WHEREAS, the City Council has determined that it is in the best interest of the
City and appropriate under the current circumstances to sell such property to Acacia Masonic
Lodge No. 315 for the appraised value of said property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,
that:
Section I. The City authorizes the sale of that certain piece, parcel, or tract of land, with
improvements thereon situate, lying and being in the City of North Augusta,
County of Aiken, State of South Carolina and located on the east side of
Brookside Avenue and being bounded and measures as follows: NORTH by Lot
10, Block 32, of plat by George Summers, CE made in 1912 for North Augusta
Land Company and measuring thereon 354.7 feet; EAST by branch and
measuring thereon 102 feet; SOUTH by other property now or formerly
belonging to the City of North Augusta and measuring thereon 374.6 feet; WEST
by said Brookside Avenue and measuring thereon 100 feet. Reference for a more
complete description as metes and bounds is hereby made to plat of said tract
dated June 10, 1954 by K. L. Wise, Surveyor.
Section II. Sale to Acacia Masonic Lodge No. 315 for the purchase price of $30,000.00
subject to the City having a right of first refusal in the event that the said Acacia
Masonic Lodge No. 315 would ever make a determination to sell said property.
Section III. The City Administrator is authorized to execute all necessary documents on
behalf of the City of North Augusta to complete this sale.
Minutes of Regular Meeting of 01/04/16
Section IV. This Ordinance shall become effective immediately upon its adoption on third and
final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON TIIIS DAY OF
JANUARY, 2016.
ITEM 10. CITY PROPERTY: Authorization of the Sale of Real Estate as Shown on a
Plat Prepared by K. L. Wise Surveyor, Dated June 10, 1954, Known as 499
Brookside Avenue, North Augusta, South Carolina-- Ordinance, Second
Reading
On motion by Mayor Jones, second by Councilmember Dickert, Mayor and
Council unanimously passed on second reading an ordinance authorizing the sale
of real estate as shown on a plat prepared by K. L Wise, Surveyor, dated June 10,
1954, and known as 499 Brookside Avenue, North Augusta, South Carolina.
Please see Item no. 9 above for the ordinance text.
There being no further business, Council adjourned at 8:00 p.m.
APPROVED THIS I DAY OF Respectfully submitted,
, 2016. 4(.6
r.--"DOk1 .Donna B. Young
Lark W. Jones, Ma sr