010620 Council Mtg Agenda Backup Materials North
Augusta
South Carolina's Riverfront
CITY COUNCIL MEETING
BACK-UP MATERIALS
FOR
JANUARY 6, 2020
Administradon Department
North
Augusta �
Soalh Carolina'.S RiVerfront
Interoffice Memorandum
TO: Mayor and City Council
FROM: Rachelle Moody, Interim City Administrator
DATE: January 3, 2020
SUBJECT: Regular City Council Meeting of January 6,2020
REGULAR COUNCIL MEETING
ITEM 5. PERSONNEL: Ruth Taylor,Retirement—Recognition of Service to the City
of North Augusta
Ruth Taylor has been a dispatcher with Public Safety since November 08,
1989. A dispatcher position is one of the most vital to the work of Public
Safety.She is the main link between any crisis and the solution.If a dispatcher
fails to do their part the entire process is jeopardized.Ruth makes it a priority
to listen to the radio traffic and answer the phones as quickly as possible so
that she can help the Citizens of North Augusta in a timely manner. She
always has a more than willing to attitude when it comes to helping out her
co-workers and the guys on shift.The constant desire to help people and great
attitude at work are what sets Dispatcher Ruth Taylor above and beyond.
Thank you for your 30 years of service Ruth.
ITEM 6. PLANNING AND DEVELOPMENT: Ordinance No.2019-20—Amending
Article 3,Zoning Districts,Table 3-2,Use Matrix,and Article 4,Section 4.7,of
the North Augusta Development Code,Chapter 18 of the City of North
Augusta,South Carolina Code of Ordinances.Ordinance—Third and Final
Reading
An ordinance has been prepared for Council's consideration on third and final
reading to amend Article 3,Zoning Districts,Table 3-2,Use Matrix and Article 4,
Section 4.7, of the North Augusta Development Code,Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances.
Please see a copy of the proposed ordinance in the backup materials for the
December 16,2019 City Council meeting.
ITEM 7. CITY PROPERTY: Ordinance No.2019-21—To Approve the Execution of a
Quit Claim Deed,Conveying Property to the Bergen Place West Community
January 3, 2020
Association,Inc.for the Purpose of Transferring a Portion of Parcel 005-09-
13-037,which Belongs to the City. Ordinance—Third and Final Reading
An ordinance has been prepared for Council's consideration on third and final
reading to approve the execution of a Quit Claim Deed,conveying property to the
Bergen Place West Community Association,Inc. for the purpose of transferring a
portion of parcel 005-09-13-037,which belongs to the City.
Please see a copy of the proposed ordinance in the backup materials for the
December 16, 2019 City Council meeting.
ITEM S. ANNEXATION: Ordinance No.2019-22 to Change the Corporate Limits of
the City of North Augusta by Annexing 3350.73 Acres of Property Located
along Gregory Lake Road in Edgefield County,South Carolina and Owned by
Carolyn C.Baggott,Mary C.Havron,and Jean C.Beall. Ordinance—Third
and Final Reading.
An ordinance has been prepared for Council's consideration on third and final
reading to change the corporate limits of the City of North Augusta by annexing
3350.73 acres of property located along Gregory Lake Road in Fdgefield County,
South Carolina and Owned by Carolyn C. Baggott,Mary C.Havron,and Jean C.
Beall.
Please see a copy of the proposed ordinance in the backup materials for the
December 16,2019 City Council meeting.
ITEM 9. ANNEXATION: Ordinance No.2019-23 to Change the Corporate Limits of
the City of North Augusta by Annexing 32.62 Acres of Property Located at
557 Plantation Drive and Owned by Michael T.Monaco and Karen M.
Monaco. Ordinance—Third and Final Reading
An ordinance has been prepared for Council's consideration on third and final
reading to change the corporate limits of the City of North Augusta by annexing
±2.62 acres of property located at 557 Plantation Drive and Owned by Michael T.
Monaco and Karen M. Monaco.
Please see a copy of the proposed ordinance in the backup materials for the
December 16,2019 City Council meeting
ITEM 10. LAW AND JUSTICE: 2020 Jury Box—Motion to Accept
The 2020 Municipal Jury Box containing the names of all registered voters and the
names of individuals with the South Carolina driver's license in ourjurisdiction
will be presented to Mayor and City Council at tonight's meeting for approval as is
required by State law.A motion to accept the jury box is requested of Council.
ITEM 11. PLANNING AND DEVELOPMENT: Planning Commission
Recommendation Memorandum#19-047 and Project Staff Report RZT19-
006: Articles 3,4,and 19—Signs.Receipt of Information by Council
January 3, 2020
The Planning Commission Recommendation Memorandum#19-047 has been
submitted to Council for information. The recommendation is to approve
application RZT19-006 to amend Articles 3,4,and 19 to remove conflicting
references and text related to signage in the City of North Augusta Development
Code. The Planning Commission,on a vote of 7-0,voted in favor of the
recommendation for Council to approve the text amendment.
Please see ATTACHMENT#11 for a copy of the memo,report,and supporting
documents.
ITEM 12. PLANNING AND DEVELOPMENT: Ordinance No.2020-01 —Amending
Article 3-Zoning Districts,Article 4-Supplemental Regulations,and Article
19-Non-Conforming Uses of the North Augusta Development Code,Chapter
18 of the City of North Augusta,South Carolina Code of Ordinances
A.First Reading
An ordinance has been prepared for Council's consideration to amend Article 3-
Zoning Districts,Article 4,-Supplemental Regulations,and Article 19-Non-
Conforming Uses of the North Augusta Development,Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances.
Please see ATTACHMENT#12 for a copy of the proposed ordinance.
B.Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 13. PLANNING AND DEVELOPMENT: Planning Commission
Recommendation Memorandum #19-048 and Project Staff Report: RZM19-
004,311 W.Martintown Road.Receipt of Information by Council
The Planning Commission Recommendation Memorandum#19-048 has been
submitted to Council for information. The recommendation is to approve
application RZMI9-004 to rezone±2.43 acres of land(parcels 007-07-07-003;
formerly 007-07-07-003,007-07-07-001,and 007-07-01-002)at 311 W.
Martintown Road, from R-14,Large Lot, Single-Family Residential,to P,Public
Use. The Planning Commission,on a vote of 5-2,voted in favor of the
recommendation for Council to rezone the property as proposed.
Please see ATTACHMENT#13 for a copy of the memo,report,and supporting
documents.
ITEM 14. ZONING: Ordinance No.2020-02—To Amend the Zoning Map of the City
of North Augusta,South Carolina by Rezoning±2.43 Acres of Land Owned by
the City of North Augusta,and Located East of Martintown Road,West of
Clay Street,South of Hampton Street,and North of Observatory Avenue,
Aiken County Tax Parcel#007-07-07-003,from R-14,Large Lot,Single-
Family Residential,to P,Public Use
January 3, 2020
A.First Reading
An ordinance has been prepared for Council's consideration to amend the zoning
map of the City of North Augusta, South Carolina by re-zoning±2.43 acres of land
owned by the City of North Augusta,and located East of Martintown Road, West
of Clay Street, South of Hampton Street,and North of Observatory,Aiken County
Tax Parcel#007-07-07-003,from R-14,Large Lot, Single-Family Residential to P,
Public Use.
Please see ATTACHMENT# 14 for a copy of the proposed ordinance.
B.Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 15. ANNEXATION: Property Located at 1443 Hammond Pond Road
A.Petition,Resolution No.2020-01—To Accept a Petition of Annexation of
±2.816 Acres of Property Located at 1443 Hammond Pond Road and Owned
by Jerrald R.Sinquefield
A resolution has been prepared for Council's consideration to accept a petition of
annexation of+2.816 acres of property located at 1443 Hammond Pond Road and
owned by Jerrold R. Sinquefield.
Please see ATTACHMENT# 15A for a copy of the proposed ordinance.
B.Ordinance No.2020-03—To Change the Corporate Limits of the City of
North Augusta by Annexing±2.816 Acres of Land Located at 1443 Hammond
Pond Road and Owned by Jerrold R.Sinquefield
a. First Reading
An ordinance has been prepared for Council's consideration to change the
corporate limits of the City of North Augusta by annexing±2.816 acres of land
located at 1443 Hammond Pond Road and owned by Jerrold R. Sinquefield.
Please see ATTACHMENT# 15B for a copy of the proposed ordinance.
B.Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 16. ANNEXATION: Property Generally Referred to as the North Augusta
Country Club Property
A.Petition,Resolution No.2020-02—To Authorize the Annexation of
Property Recently Acquired by the City. Such Property Being Generally
Referred to as the North Augusta Country Club Property.
A resolution has been prepared for Council's consideration to authorize the
annexation of property recently acquired by the City. This property is generally
referred to as the North Augusta County Club Property. The City would request that
the property be zoned P,Public Use,upon the annexation.
January 3,2020
Please see ATTACHMENT 016A for a copy of the proposed resolution.
B. Ordinance No. 2020-04 — A Ordinance to Change the Corporate Limits of
the City of North Augusta by Annexing 148 +/- Acres of Property Located
Primarily in Edgefield County, South Carolina with a Small Portion Being in
Aiken County, South Carolina. Such Property Generally Known as the North
Augusta Country Club Property.
a. First Reading
An ordinance has been prepared for Council's consideration to change the
corporate limits of the City of North Augusta by annexing 148+/-acres of property
located primarily in Edgefield County, South Carolina with a small portion being
in Aiken County, South Carolina. Such property is generally known as the North
Augusta Country Club property.
Please see ATTACHMENT#16B for a copy of the proposed ordinance.
b. Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 17. LEGAL: Resolution No.2020-03—To Authorize the City to Appeal the Order
of the Honorable Clifton B.Newman in Civil Action Na.: 2018-CP-
02-02705.Filed with the Court on the 30's Day of December,2019.
A resolution has been prepared for Council's consideration to authorize the City to
appeal the Order of the Honorable Clifton B.Newman in Civil Action No.: 2018-CP-
02-02705,filed with the court on the 306 day of December,2019.
Please see ATTACHMENT#17 for a copy of the proposed resolution.
ITEM 18. PLANNING AND DEVELOPMENT: Resolution No. 2020-04 — Accepting a
Deed of Dedication for the Streets,Water Distribution System,Sanitary Sewer,
Stormwater Collection and Fire Suppression Systems, Detention Ponds and
Associated Easements and Rights of Way,Along with a Maintenance Guarantee
and Letter of Credit,for Rushing Waters,Section 1
A resolution has been prepared for Council's consideration to accept a Deed of
Dedication for the streets, water distribution system, sanitary sewer, Stormwater
collection and fire suppression systems, detention ponds and associated easements
and rights of way, along with a Maintenance Guarantee and Letter of Credit, for
Rushing Waters, Section 1.
Please see ATTACHMENT#18 for a copy of the proposed resolution and supporting
documents.
ATTACHMENT #12
ORDINANCE NO. 2020-01
AMENDING ARTICLE 3,ZONING DISTRICTS.ARTICLE 4, SUPPLEMENTAL
REGULATIONS AND ARTICLE 19,NON-CONFORMING USES OF THE NORTH
AUGUSTA DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North
Augusta City Council adopted the North Augusta Development Code which is consistent
with the City's Comprehensive Plan and which incorporates all City zoning and land
development regulations; and
WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5,
Approval Procedures,of the North Augusta Development Code,any person,property owner,
board, commission, department or the City Council may apply for a change in zoning
ordinance text; and
WHEREAS, the North Augusta Planning Commission, following a
December 19,2019,public hearing, reviewed and considered a request by the Planning and
Development Department to amend Article 3, entitled"Zoning Districts,"Article 4, entitled
"Supplemental Use Regulations," and Article 19, entitled "Non-Conforming Uses," of the
North Augusta Development Code to remove conflicting requirements for signage. The
Planning Commission report has been provided to City Council for consideration.
The Mayor and City Council have reviewed the request as well as the report
from the Planning Commission and has determined that the change to the text of the
Development Code is appropriate.
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 North Augusta Development Code, Chapter 18 of The City of North
Augusta, South Carolina Code of Ordinances,Providing for New Zoning and
Land Development Regulations for the City of North Augusta, South
Carolina, is hereby amended and shall read as described in the following
section. The section of the Code affected by the proposed amendment is
identified by the section number.
ORDINANCE AMENDING THE NORTH AUGUSTA Page 2
DEVELOPMENT CODE—APPLICATION RZT 19-006
A. Article 3, Zoning Districts, is amended to read:
a. Section 3.8, Overlay Districts:
i. § 3.8.4.5. Outdoor Display and Sale—Goods shall not be displayed
or stored on the exterior of the building except under a porch roof,
eave or overhang permanently affixed to the building. Outdoor
displays shall not restrict free pedestrian movement and a walkway
of not less than five (5) feet wide shall be maintained between the
doorway(s), exit(s) and the public sidewalk. Exterior merchandise
displays are not permitted on the right of way, front or side yards,
open porches or other outside areas except for forty-eight(48)hours
during permitted special events for no longer than forty-eight(48)
hours. Longer term or permanent exterior merchandise displays may
be permitted if the outdoor display or sale,or both, is conditionally
approved pursuant to §4.34.
ii. § 3.8.5.9 Signs—Signs are permitted in accordance with the
provisions of Article 13, Signs, for the base zoning district.
iii. § 3.8.6.8 Signs
3.8.6.8.1 Signs are permitted in accordance with the
provisions of Article 13, Signs.
B. Article 4, Supplemental Use Regulations, Section 4.35.81 is amended to read:
i. § 4.35.8. Farmers and Produce Markets
f: Signage shall be permitted in accordance with the provisions of
Article 13: Signs,provided,however,that the duration of the
signage may coincide with the temporary duration of the use. One
freestanding sign may be permitted, the maximum size of which
shall not exceed thirty-two(32)square feet, and wall signage may
be permitted up to a maximum of fifty(50)square feet.
C. Article 19,Nonconforming Uses, Section 19.2.3 Determination of
Nonconforming Lots, Buildings and Structures, is amended to read:
i. § 19.2.3 Determination of Nonconforming Lots, Buildings and
Structures
Nonconforming lots,buildings and structures, except signs,which
are governed by Article 13, shall be determined by the prescribed
dimensional and design standards for lots, buildings and structures
located in base zoning districts, special zoning districts, and overlay
zoning districts provided for in this Chapter.
ORDINANCE AMENDING THE NORTH AUGUSTA Page 3
DEVELOPMENT CODE—APPLICATION RZT 19-006
D. Articles 3, 4 and 19,Table of Contents will be edited to reflect new page numbers,
titles or item numbering associated with the text changes outlined herein.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on
third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
' 2020.
First Reading
Robert A. Pettit, Mayor
Second Reading
Third Reading ATTEST:
Sharon Lamar, City Clerk
RESOLUTION NO. 2019-36
A RESOLUTION DIRECTING THE CITY ADMINISTRATOR TO FILE AN
APPLICATION REQUESTING REZONING OF LAND LOCATED AT
311 W. MARTINTOWN ROAD
WHEREAS,the City of North Augusta recently purchased property at 311 W.
Martintown Road (parcels 007-07-07-001, 007-07-07-002 and 007-07-07-003) consisting of
2.81 acres; and
WHEREAS, the City of North Augusta intends to build a fire station on
referenced property(specifically, fire station 91); and
WHEREAS, the property is currently zoned R-14 (Large Lot Single Family
Residential) but needs to be rezoned to P (Public Use District) which has a permitted use of
fire services.
NOW THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of North
Augusta,South Carolina,in meeting duly assembled and by the authority thereof,that the City
Administrator is directed as follows:
I. To file the appropriate application with the Department of Planning
and Development requesting rezoning of property located at 311
W. Martintown Road from R-14 to P.
2. The City Administrator is further authorized to execute any
documents necessary to make this application as well as submit any
documents or information as required to allow the request to
proceed.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE/p
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS � DAY OF
NOVEMBER,2019.
SIGNED BY:
ROBERT A.PETTIT,MAYOR
ATTESTED BY:
AM,Rlf, fAYLQ!<J
SHARON LAMAR,CITY CLERK
Rezoning Review Criteria
Submitted 11/19/2019 by
Rachelle Moody, Interim City Administrator
3.6.4.5.1 Standards and Review Criteria
Review Criteria for Rezoning
A. Inter-jurisdictional Analysis: North Augusta Fire Station#1 relocation provides
coverage throughout the entire city that is not available through current public safety
stations. This fire station is the closest to the City's downtown core, and provides primary
coverage to: apartments, single family homes, businesses, churches, schools, multi-
story critical infrastructure (municipal building), and the city's riverfront which includes
single family residential, high-rise apartments, a hotel, baseball stadium, parking
garages and retail and restaurant space. No other jurisdiction provides fire coverage in
the City of North Augusta. There is no inter-jurisdictional approach to providing fire
protection available.
B. Financial Analysis: Fire Station#1 relocation is budgeted through, and funded by,
Aiken County Capital Project Sales Tax#3. There is no negative financial impact upon
the City. There is no inter-jurisdictional approach to providing fire protection available
that would reduce the need or cost of this fire station.
C. Special Purpose Districts: The North Augusta Fire Station#1 relocation is proposed by
the City, not a Special Purpose District.
D. Measures to Facilitate Siting: Since at least 2016, City of North Augusta staff and
Council have considered and evaluated a significant number of potential sites for the
relocation of Fire Station#1, including:
1. 700 block of Old Edgefield Rd
2. North Hills Drive at Leisure Lane
3. W. Martintown Road at North Hills
4. 100 block of Sidereal Avenue (water tank)
5. 1700 block of Georgia Avenue (Food Lion)
6. 300 block of Whitlaws Road (Capital City)
7. 444 and 454 East Buena Vista Avenue (current Public Safety Headquarters,
Municipal Court and Fire Station#1 locations)
8. Riverside Boulevard at Buena Vista Avenue
9. 417 E. Martintown Road (Lidl)
10. 1220 Georgia Avenue
Availability of land: Sites were evaluated to ensure sufficient fire response area for
existing, new or then-planned high rise buildings, the full City riverfront, high-density
homes, and commercial businesses. Sites were further evaluated as to the amount of
fire response time overlap from other stations. Meaning, it would be inefficient and
nonproductive to relocate Fire Station#1 to an area that already receives sufficient
response time from another station, yet leaves the full swath of riverfront development
without coverage. Similarly, it would be nonproductive to relocate the fire station to an
area with response area that extends into the Savannah River. Sites that have been
Rezoning Review Criteria
Submitted 1111912019 by
Rachelle Moody, Interim City Administrator
available over the past few years needed not only the specific coverage area, but also
significant acreage, sufficient access to utilities, and access to adequate roadway
infrastructure. The property in question meets the requirements outlined above. No other
available property has provided the requisite response time and accessibility provided by
this site.
Access to the transportation network: This property has direct access to Martintown
Road. Clay Street(adjacent to the property) is not improved and is not sufficient for fire
truck ingress or egress.Access is planned on site for apparatus ingress/egress from
Martintown Road. This location of Martintown Road (SC 230) is considered a major
urban thoroughfare commonly traveled by all types of trucks and vehicles, and is
appropriate for large trucks including fire trucks. This location on Martintown Road
provides quick access to Georgia Avenue (US 25), downtown and to many of the major
commercial corridors and facilities within the City limits.
Compatibility with neighboring uses: The fire station will sit among commercial and
residential land uses. The direct vicinity of the proposed fire station includes: multiple
churches, professional service businesses such as banking and medical, and large
retail, restaurant and single family residential homes. The fire station will be occupied 24
hours per day, providing residential accommodations to firefighters. Public Safety
officers will access the fire station periodically throughout the day as well. The 24 hour
presence of public safety officers will enhance the safety of surrounding churches,
businesses and residences.
Impact on the physical environment: The station is planned to sit on a currently
undeveloped site with no structures. Public utilities are adjacent to the site, minimizing
land disturbance. Existing trees will be preserved as possible, with new trees, bushes
and other landscaping planted as part of the finished fire house.
ATTACHMENT #14
ORDINANCE NO. 2020-02
TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA
SOUTH CAROLINA BY REZONING± 2.43 ACRES OF LAND OWNED BY
CITY OF NORTH AUGUSTA, AND LOCATED EAST OF MARTINTOWN ROAD,
WEST OF CLAY STREET SOUTH OF HAMPTON STREET AND NORTH OF
OBSERVATORY AVENUE,AIKEN COUNTY TAX PARCEL 4007-07-07-003, FROM
R-14, LARGE LOT, SINGLE-FAMILY RESIDENTIAL,
TO P, PUBLIC USE.
WHEREAS,on December 17, 2007,by Ordinance 2007-22,the North Augusta
City Council adopted the North Augusta Development Code and a citywide Zoning Map which
is consistent with the City's North Augusta 2017 Comprehensive Plan; and
WHEREAS, pursuant to Section 5.3, North Augusta Development Code, the
North Augusta Planning Commission may recommend amendments to the Zoning Map,
provided such amendments are consistent with the City's North Augusta 2017 Comprehensive
Plan; and
WHEREAS,the North Augusta Planning Commission, following an December
19, 2019, public hearing, reviewed and considered a request by the City of North Augusta, to
amend the Official Zoning Map of North Augusta from Large Lot, Single-Family Residential
(R-14)to Public Use(P). The Planning Commission report has been provided to City Council.
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. A parcel consisting of±2.43 acres owned by the City of North Augusta,located
East of Martintown Road, West of Clay Street, South of Hampton Street and
North of Observatory Avenue is hereby rezoned from R-14, Large Lot, Single-
Family Residential to P, Public Use. Said property is Aiken County tax map
parcel # 007-07-07-003 and specifically identified on Exhibit "A" attached
hereto.
IL The Official Zoning Map for the City of North Augusta is hereby amended to
reflect this rezoning.
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
IV. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
ORDINANCE TO AMEND ZONING MAP
311 W. Martintown Rd. Page 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2020.
First Reading
Robert A. Pettit, Mayor
Second Reading
Third and Final Reading ATTEST:
Sharon Lamar, City Clerk
EXHIBITA
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solus cnrrdina�s aiirIgavnl A request to rezone approximately 2.43 acres �
from R-14, Large Lot, Single-Family Residential Date: 1/2/2020
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ATTACHMENT #15A
RESOLUTION NO. 2020-01
TO ACCEPT A PETITION FOR ANNEXATION
OF t 2.816 ACRES OF PROPERTY LOCATED
AT 1443 HAMMOND POND ROAD AND OWNED BY JERRALD R. SINQUEFIELD
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 governing body of the City of North Augusta determines it to
be in the best interest of the City to accept a petition for annexation attached hereto dated
December 13,2019.
The property sought to be annexed is described as follows:
All that certain piece, parcel or tract of land,containing 2.816 acres, situate, lying
and being just North of North Augusta in the County of Aiken, State of South Carolina,
all of which is more fully shown on a plat made by Joe L. Grant, Surveyor, dated July
23, 1973 and recorded in Misc. Book 177, page 229, records of the RMC Office for
Aiken County, South Carolina, reference being made to said plat for a more complete
and accurate description as to the metes, bounds and location of said property.
Being the same property conveyed to the Grantor in Title Book 4135,Page 1037-1040.
Tax Parcel No. 002-08-04-001
The property to be annexed is also shown on a map identified as"Exhibit All titled
"Map of Property Sought to be Annexed to the City of North Augusta" dated October
21, 2019, 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 2020.
Robert A. Pettit,Mayor
ATTEST:
Sharon Lamar, City Clerk
ATTACHMENT #15B
ORDINANCE NO. 2020-03
TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY
ANNEXING:E 2.816 ACRES OF LAND LOCATED AT 1443 HAMMOND POND ROAD
AND OWNED BY JERRALD R. SINOUEFIELD
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.2020-01 dated January 6,2020,accepted a Petition for Annexation
and wish to annex the below described properties; and
M 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 North Augusta
2017 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 certain piece, parcel or tract of land, containing 2.816 acres, situate,
lying and being just North of North Augusta in the County of Aiken, State of
South Carolina, all of which is more fully shown on a plat made by Joe L.
Grant, Surveyor, dated July 23, 1973 and recorded in Misc. Book 177, page
229, records of the RMC Office for Aiken County, South Carolina, reference
being made to said plat for a more complete and accurate description as to the
metes, bounds and location of said property.
Being the same property conveyed to the Grantor in Title Book 4135, Page
1037-1040.
Tax Parcel No. 002-08-04-001
The property to be annexed is also shown on a map identified as "Exhibit A"
i titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated October 21, 2019, and prepared by the City of North Augusta.
The property to be annexed shall be zoned R-14, Large Lot Single-Family
Residential as shown on a map identified as "Exhibit B" titled "Zoning of
i
Property Sought to be Annexed to the City of North Augusta." Said map is
dated October 21, 2019 and prepared by the City of North Augusta.
IL All ordinances or parts of Ordinances in conflict herewith are,to the extent of
such conflict,hereby repealed.
111. 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 '2020.
First Reading:
Second Reading: Robert A. Pettit,Mayor
Third Reading: ATTEST:
Sharon Lamar, City Clerk
EXHIBIT B
Mq R-14
RTr�TD
4N
R-7
fro
IPti
PpN�
i NPH`MOND
REAMS
Outside Ci
GR�'0OOO
TPN 002-08-04-001
R-14, Large Lot
Single-Family Residential
w
SOUTHWOOD m
R-10
N
ANX19-004 w�E
NOrttl ZONING OF PROPERTY
AugUStd � SOUGHT TO BE ANNEXED
6u1111 Carohn(Vs TO THE CITY OF NORTH AUGUSTA ..wvro.ox 0.03 o.ak`
Date: 10121,2019
North
Augusta r/
tiourh t'tlrr�lit7�pc Jtioer(roni
t IN' of Nunh vi:iu.10
November 2,2019
Mr.Jerrald R.Sinquefield
1443 Hammond Pond Rd.
North Augusta,SC 29841
RE: Water Service Annexation Agreement,1443 Hammond Pond Rd.
Parcel Number:002-08-04-003
Dear Mr.Sinquefield:
In lune of 2008,water service was established for the above referenced property under your name. At
that time,you executed an Annexation Agreement.As a condition for connection,the Agreement stated
that the owner would execute a Petition for Annexation upon request by the Mayor and City Council. A
copy of the Agreement is attached.
We have determined that your property is contiguous to the Municipal Corporate Limits of the City and
therefore can be legally annexed Into the City.
I am enclosing the necessary Petition for Annexation in accordance with the Agreement. I request that
you execute this Document and return the same to the City in the envelope provided. Please return the
petition within 10 days of the date of this letter.
If you have questions concerning this matter,please contact me at the following number.
�Sincerely,
I
Rachelle Moody
Interim City Administrator
RM004y6 northaueusta met
803-4413202
STATE OF SOUTH CAROLINA ) PETITION FOR ANNEXATION
OF 12.816 ACRES OF LAND
LOCATED AT 1443 HAMMOND POND ROAD
COUNTY OF ARKEN ) AND OWNED BY JERRALD R. SINQUEFIELD
1,the undersigned,as freeholder and owner of property located at 1446 Hammond Pond Road,
do respectfully petition the City Council for the City of North Augusta,South Carolina,for annexation
of the hereinafter described property into the municipal corporate limits of the City of North Augusta,
South Carolina. This petition is submitted in accordance with Title 5-3-150(3)of the Code of Laws
of South Carolina, 1976,as amended.
The property sought to be annexed is described as follows:
All that certain piece,parcel or tract of land,containing 2.816 acres,situate,lying and being just
North of North Augusta in the County of Aiken, State of South Carolina, all of which is more fully
shown on a plat made by Joe L.Grant,Surveyor,dated July 23, 1973 and recorded in Misc.Book 177,
page 229,records of the RMC Office for Aiken County,South Carolina,reference being made to said
plat for a more complete and accurate description asto the metes,bounds and location of said property.
Being the same property conveyed to the Grantor in Title Book 4135,Page 1037-1040.
Tax Parcel No.002,08-04-001
The property to he 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 October 21,2019,and prepared
by the City of North Augusta.
This petition dated the day of ,2019.
Pwertt Own-Sfetlature
Jerrald R. Sinqueficld
STATE OF SOUTH CAROLINA )
ANNEXATION AGREEMENT
COUNTY OF AIKEN )
WHEREAS,Uwe,ownes(s)of property located outside the corporate limits of the
City of North Augusta, anuauA In Aikm County, South Carolina, seek permil to
connect to the water and/or sewer system of the City of North Augift Said property
was conveyed to me by deed recorded in Title Book 4195 at page I ago•in records of
Aiken County, South Carolina. S ' on
atteelsc plat SN
Tax Map,Lot,Block Parcel Number 007'f5.01-00&
Locatma/Address.)`f43 {hmmond 10&-d Rd 0o. u s}aW 29.01
Uwe understand and agree that as a condition for cousecting to the water and/or
sewer system, Uwe will petition for am rmision 100 the City of North Augusta m
accordance snth the annexation laws of the Slam of South Carolina. Uwe understand that
it may be necessary to execute a petition for annexaton on more than ane occasion.Such
pennon may be vitiated by the Mayor and City Council or the property owner,however,
ui any event, the final acceptance of said pennon tesla upon an affirmative vote of a
malontyof the governing body ofthe City ofNurlh Augusta.
Uwe understand and agree that should Uwe or my/our successors in title violate
the proton rrquvement that the City of North Augusta has the power m immediately stop
piondmg water and/or sewer to the premises az wall m bring an submit for specific
performance requmng the petition.
It Is further understood and agreed that the City shall inspect and approve the
owner's water and/or sewer system prior to connection m msme compliance with City
and State standards. An inspection fee may be charged for such inspection in accordance
with established City pohcros.
All rights,powers,and privileges hereby granted to the City of North Augusta w
Grantee. shall pass to its successors and assigns and shall be binding upon the heirs,
G`n h successon,administrators,execumrs,and assigns of the Cantor.
O
bar.
I'N WITNESS WHEREOF,the undersigned Grantor has hereunto sal his hand and
gt � 393 seal,this Ib¢ day of fune _,ACCII
9m'666 WI"I)�ESSES: GRANTOR(s): p
G in i i55` d'typ�", T' Signs= I� _/✓.P. ,p /'A
Type arprin JGl/sled /.ygtrN JF/adfFeFel�
Type or pent
PERSONALLY appeared before me k rrr h A..s and made oath
that be/she saw the wiNm mmredybl0.lel/sasrdfl Sir�rxFelc�si®r,seal,and as his/her
act and deed, Oliver the within written Annexation Agreement and that hdahe with
1/ " stressed the execution therm£
SWORN TO BEFORE Nk
Nle THIS _pCaLC % _ �I IpI�ilan� II���I�
DAY OF Ant_.. . Aod . Wimeas p N®
Nullify Pµblw fee South Carolina
MyC4mmjslo tlwu ,f, W 1"7 N .,
q ���J��y
Vn.lmdby' J6 9IR.uN Ihm. fsly8l08
. NlJa� i Se O
3
an pass&w�ri,rcm wanio
/`vim vmn,aua,wa.v.
North
Augusta
wnn,.v�aa x
South Carolinas Riuer rout
City of North Augusta
July 14,2008
Ms. Judith Warner
Aiken County RMC
P. O.Box 53T
Aiken,South Carolina 29802
Dear Ms. Warner:
Please record the following:
Annexation Agreement 1443 Hammond Pond Road along with check
number 92598 in the amount of$10.00
Please return the recorded document to me in the enclosed self-addressed envelope.
Thank you.
Sincerely,
Donna B.Young
City Clerk
/dby
Enclosures
C Vbcumenu and SelmysWyam6lAppAralion Oeu`.CxplxnzWchemyWeubuo�4dmin-0mereM4682dat&]3914e2egcer-
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EXHIBITA
41
�O11'N
ANO p01iD
Ham'
Outside C'
�p00
N
i
TPN 002-08-04-001
Approximately 2.44 acres
w
Z
FL
S U [7
Inside City
ANX19-004 wE
NO1rtIl MAP OF PROPERTY
Augusta > SOUGHT TO BE ANNEXED
south comli�wts HivicerJrau TO THE CITY OF NORTH AUGUSTA e.00a,n.o:o.mo:
10
Date: 21/2019
EX141BIT B
M
R14 i
i
R-7
DHD
_ p0
tJD
�OutsMe Cit
TPN 002-08-04-001
R-14, Large Lot
Single Family Residential
w
z
E
R-10
N
ANX19-004
North �� ZONING OF PROPERTY W E
AU USta SOUGHT TO BE ANNEXED s
Souut conNina's tuvcrGom TO THE CITY OF NORTH AUGUSTA
o roar o.n 0.m oa
Date: 1012 W019
AIKEN COUNTY ASSESSOR
Tax Map: 2007015478
002.08.04-001 DI-ED
RECORDINC FEES E10.OD
EXEMPT
Prepared by: ndf 05°`O-8-20�77- :(S PM
O. Douglas Smith/ndf JUDITH WARNER
P. O. Box 6127 k;�;,M,'"'• °°•�•"•°°
North Augusta, SC 29861 - ar JULIE STUTTS DEPUTY
803-279.8818 IBK:RB 4135
PG: 1037-1040
WARRANTY DEED
T.N.E. RERSCORD TO Aon WITNESS
The State of South Carolina
County of Aiken
KN O � MEN BY THESE PRESENTS,That 1, NIRGINIA R.
SINQUEFIELD,in the Stresaid, for and in consideration of the sum of ONE DOLLAR
($1.00)and LOPE AND AFFI?li ,'to it in hand paid at and before the sealing of these
presents by JERRALD R. SINQUEin the State aforesaid, the receipt whereof is hereby
acknowledged,have granted,bargained,sold, leased,and by these presents do grant,
bargain, sell and release unto said JERRALD R. SINQUEFIELD,his heirs and assigns,
forever,the following described property,to-wit:
Tract A) All that certain piece,parcel or tract of land,containing 2.816 acres, situate,
lying and being just North of North Augusta in the County of Aiken,State of South
Carolina,all of which is more fully shown on a plat made by Joe L. Grant, Surveyor,
i dated July 23, 1973 and recorded in Mise..Book 177,page 229, records of the RMC
Office for Aiken County, South Carolina, reference being made to said plat for a more
complete and accurate description as to the metes, bounds and location of said property.
Being the same property conveyed to the Grantor in Title Book 1815, Page 350.
Tax Parcel No. 002.08-04-001
2012017871
saaas DEED
j—� RECORDING FEES $10.00
® STATE TAX $000
COUNTY TAX $0.00
• PRESENTE08 RECCRMD
07-23-2012 11.35 AM
JUDITH WARNER�
Iw 0.MI Kesnn�
!Y:MA0.ILYN EEIGIER DEPUTY
BK: RB 4414
PG 2121 - 2124
Tract B) All that certain parcel or lot of land situate,lying and being in North Augusta,
Aiken County,known and designated as Lot No. 6 in Block No. 51 of a subdivision of
lots made for the Crystal Lake Development Company by J. 1. Wise,C.L., in Much
1928, said plat being recorded in Mise. Book 10 at page 135, in the Aiken County Clerk's
Office.
Being the same property devised to Virginia R. Sinquefield under the will of 1 E.
Sinquefield,deceased,which has been duly probated in the Aiken County Probate
Judge's Office
Tax Parcel No. 007-13-07-006
GRANTEE ADDRESS: 1443 Hammond Pond Road,North Augusta, South Carolina
29841
r`
The property herein�e ed subject to rights or claims of parties in possession and
easements or claims of a is shown or not shown by the public records,boundary
lines,overlaps,encroach any matters not of record which would he disclosed
by accurate survey and inspe remises,and current taxes, if any.
Together with all and singular the rt ,'�tembers,hereditaments and
i
Appurtenances to the said premises belonging, or in anywise incident or appertaining.
I
TO HAVE AND TO HOLD, all and singular,the said Premises before mentioned unto
the said JF.RRALD R SINQUEFIELD, his heirs and assigns, forever.
AND, grantor does hereby bind herself and her Successors, Executors and Administrators
to warrant and forever defend,all and singular,the said premises unto the said JERRALD R.
SINQUEFIF.LD, his Heirs and Assigns,against grantor and her Successors, Heirs. and all
persons whomsoever lawfully claiming or to claim the same,or any part thereof.
WrFNESS my hand and seal,this day of /Y( ,in the year of our
Lord'fwo Thousand Seven and in the Two hundred thirty SecondSovereignty and
Independence of the United States of America.
Snned, ealed rDel,,,(-
dsale
_' I r
-- Virginia . Sinquelield 1
STATE OF SOUTHINA )
�� ) PROBATE
COUNTY OF AIKEN �J )
Personally appeared befothe undersigned witness,who,being duly swom,deposes
and says that(s)he,saw the within nn'tor, sign, seal and as her Act and Deed,deliver
L�
the foregoing Warranty Deed, and that(s)ha;itti�Iher with the other witness whose name
V
appears as a witness,witnessed the execution thereof
6�
S WO>;l�l t and subscrib before me this
as o ,200
A
Notary Public for ut arolina
My Commission pire 09
STATE OF SOUTH CAROLINA ) AFFIDAVIT
COUNTY OF AIKEN )
PERSONALLY appeared before me,the undersigned,who being duly svom,deposes and says.
1. 1 have mad the information on this affidavit and understand such information.
2. The property being transferred is located as 1443 Hammond Pond Road.N.Augusta.SC 29841&Lt 6,Biggli 5 L Crystal Lake
bearing Aiken County Tax Parcel No.002-08-04-001 &007-1347-006 was transferred by Virginia R.Sinquefteld to Jerrold R.
Shatucifield on may 7-207
3. Check one of the following: l'he decd is
(a)_subject to the deed recording fee as a transfer for consideration paid or to he paid in money or money's worth.
(b)_subject b the deed recording fee as a transfer between a corporation,a partnership,or other entity and a
stockholder,partner,or owner of the entity,or is a transfer to a most or as a distribution to a trust beneficiary.
0 K exempt from the deed retarding fee because(Seo information section of affidavit).
Family Deed __- .(If exempt,
please-skip items 44,and go to item 8 of this affidavit.l
4. Check oncofthc fellow ifi , Item 3(a)or item 3(b)above has been checked(See information section of this affidavi0:
I�
(a)_The fee is co consideration paid or to be paid in money or money's worth in the annewil of$13,200.00
(b)_The fee is computed a "r market value of the realty which Is S
4i_ The fee is computedon t 'f ct value of the realty az established for property tax purposes which is
5. Check: Yes or No__$_mthefiefowingcumbrance existed on the land,tenement,or realty bns
before the transfer and
remained on the land,bnement,or reale i the trans s',the amount of the outstanding balance of this lien or encumbrance:
S
6. The deed recording lex is computed as follows:
(a) Place the mount l isted in item 4 above here-
(b) Place the amoum listed in item 5 above here: —_
(if no amount is listed,place zero here)
d:Subtract fine 6(b)form Line Ina)and place result herr:
7. The deed recording fee due is based on the amount listed on Linc 617 above and the deed recording feed due is:S
8. As required by Cade Section 12-24-70. 1 state that I am a responsible person who was connected with the uis saction
as: Virginia R.Sinauef cid
3 9. lunderstand thaz a person required to famish this affidavit who willfully fumi.h 81st nr fraud.tem a',da' is guilty oto
misdemeanor and.upon conviction,must he fined not more than one thousand doll.- or r poi' sed not more m Ane year,or both.
o Responsible Perwn Connected is a Transaction
SWORN to before me this 8
Day of _2007
Not Pubic fo(r/Sout�a
My Commission Expires: _
WOFFICIAL SELL
NObry P C k
Stab of Seem Cahalan,
YNN E STEMBRIDGE
bYpl Exuea&iQ?DIB
ATTACHMENT #16A
RESOLUTION NO. 2020-02
TO AUTHORIZE THE ANNEXATION OF PROPERTY RECENTLY AOUIRED BY
THE CITY. SUCH PROPERTY BEING GENERALLY REFERRED TO AS THE
NORTH AUGUSTA COUNTRY CLUB PROPERTY.
WHEREAS, the City recently acquired by purchase 147.98 +/- acres of
real estate as evidenced by deed recorded in the office of the Clerk of Court for Edgefield
County in record book 001765 at page 0241; and,
WHEREAS, such property, as a result of a recent annexation has now
become contiguous to the City Limits of the City of North Augusta; and,
WHEREAS, the City desires to formally annex such property into the City
Limits.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of North Augusta, South Carolina, in meeting duly assembled and by the
authority thereof,that:
1. That the City, by this Resolution does hereby, pursuant to Section 5-3-
100 of the South Carolina Code of Laws, request that such property be
annexed into the Municipal Corporate Limits of the City.
2. That the City Administrator is specifically authorized to execute any
documents that may be required related to such annexation as well as
taking any action necessary in order for the City to annex rights of way
of areas of streets lying beyond but abutting on the Corporate Limits of
the City upon the annexation of said property.
3. That the City would request that the property be zoned as P, Public
Use,upon such annexation.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF JANUARY, 2020.
SIGNED BY:
ROBERT A.PETTIT,MAYOR
ATTESTED BY:
SHARON LAMAR,CITY CLERK
ATTACHMENT #16B
ORDINANCE NO. 2020-04
AN ORDINANCE TO CHANGE THE CORPORATE LIMITS OF THE
CITY OF NORTH AUGUSTA BY ANNEXING 148+/-ACRES OF
PROPERTY LOCATED PRIMARILY IN EDGEFIELD COUNTY
SOUTH CAROLINA WITH A SMALL PORTION BEING IN AIKEN
COUNTY, SOUTH CAROLINA. SUCH PROPERTY GENERALLY
KNOWN AS THE NORTH AUGUSTA COUNTRY CLUB PROPERTY.
WHEREAS, Section 5-3-100 of the Code of Laws of the State of South
Carolina provides that; "if the territory proposed to be annexed belongs entirely to the
municipality seeking its annexation and is adjacent thereto, the territory may be annexed by
resolution of the governing body of the municipality. When the territory proposed to be annexed
to the municipality belongs entirely to the County in which the municipality is located and is
adjacent thereto, it may be annexed by resolution of the governing body of the municipality and
the governing body of the County. Upon adoption of the resolution required by this Section and
the passage of an Ordinance to that effect by the municipality,the annexation is complete.';and,
WHEREAS, the Mayor and City Council for the City of North Augusta, by
adoption of Resolution No. 2020-02 dated January 6,2020 have petitioned that this property be
annexed;and,
WHEREAS, the zoning classification recommended for the property
proposed for annexation has been reviewed for consistency with the future land use classification
j of the properties as specified in the land use element of the North Augusta 2017 comprehensive
plans;
I
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 properties shall be annexed into the City of North Augusta:
The property to be annexed is also shown on a map identified as `Exhibit A" titled
map of property sought to be annexed by the City of North Augusta dated January 2,
2020 and prepared by the City of North Augusta.
Being the same piece parcel and tract of land conveyed by DWT Properties, LLC to
the City of North Augusta by deed dated the 29" day of October, 2019 and recorded
0
in the Office of the Clerk of Court for Edgefield County, South Carolina in Record
1
Book 1765 at Pages 241-245 and the Office of the RMC for Aiken County, South
Carolina in Record Book 4812 at Pages 2047-2051.
Tax Parcel No.: the said property is known pursuant to the tax parcel numbers for
Edgefield County Assessor's Office as a portion of 106-00-00-032-000 and 105-00-
04-001-000.
II. This property is intended for use by the City as recreational property and the zoning
classification recommended for said property has been reviewed by the Planning
Commission for consistency with the future land use classification of the property as
specified in the North Augusta 2017 Comprehensive Plans; Therefore, the property
shall be zoned "P", public use on a map identified as "Exhibit B" Plat prepared by
the City of North Augusta dated January 2, 2020. Such zoning classification was
approved by the Planning Commission at its meeting held on November 21, 2019.
I11. Ordinances and conflict herein are to the extent of such conflict hereby repealed.
IV.This Ordinance shall become effective immediately upon its adoption on the 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 ,2020.
First Reading:
Second Reading: ROBERT A.PETTIT,MAYOR
Third Reading: ATTEST:
SHARON LAMAR,CITY CLERK
. ��
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♦♦.♦♦ f` !c �. ►1�
ATTACHMENT #17
RESOLUTION NO. 2020-03
TO AUTHORIZE THE CITY TO APPEAL THE ORDER OF THE HONORABLE
CLIFTON B.NEWMAN IN CIVIL ACTION NO.: 2018-CP-02-02705. FILED WITH
THE COURT ON THE 301h DAY OF DECEMBER, 2019.
WHEREAS, the Plaintiff Herman Perry Holcomb filed suit against the
City on May 24, 2019 alleging a violation by the City of a provision of the Freedom of
Information Act; and,
WHEREAS, such matter was litigated in the Court of Common Pleas for
Aiken County, South Carolina, said matter being tried non-jury resulting in a decision by
the Honorable Clifton B.Newman; and,
WHEREAS, following the original decision by Judge Newman, the City
requested that he reconsider matters related to his original Order which resulted in a
Motion Hearing before Judge Newman on December 5 2019; and,
WHEREAS,by Order filed on December 30, 2019, Judge Newman denied
any request for changes,etc.to the Order; and,
WHEREAS, the Mayor and City Council are of the opinion that the effect
of this decision is not in accordance with the intent of the Freedom of Information Act
and greatly restricts the ability of the Council to perform its duties and actually restricts
the ability of the City to share information with citizens,prior to formal council meetings;
and,
WHEREAS, the Mayor and Council believe that it is necessary that this
decision be reviewed and further considered by an Appellate Court which would result in
the matter being considered by a group of Judges or Justices as opposed to the decision
being made by one individual Judge.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of North Augusta, South Carolina, in meeting duly assembled and by the
authority thereof, that the City attorney is specifically authorized to proceed with the
appeal of the decision of the Court dated December 30, 2019. Such appeal shall be
handled by Danny C. Crowe Esquire, the trial attorney utilized by the City in this matter.
NOW THEREFORE, BE IT FURTHER RESOLVED:
1. Funding for this appeal shall be paid from the Administration
Contingency account and should not to exceed $10,000. Additional
funds would require Council approval.
2. That the City Attorney and/or City Administrator are authorized to
execute any documentation that might be necessary to move forward
with this appeal.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF JANUARY, 2020.
SIGNED BY:
ROBERT A.PETTIT,MAYOR
ATTESTED BY:
SHARON LAMAR,CITY CLERK
ATTACHMENT #18
RESOLUTION NO. 2020-04
ACCEPTING A DEED OF DEDICATION FOR THE STREETS
WATER DISTRIBUTION SYSTEM, SANITARY SEWER STORMWATER
COLLECTION AND FIRE SUPPRESSION SYSTEMS, DETENTION PONDS AND
ASSOCIATED EASEMENTS AND RIGHTS OF WAY,ALONG WITH A
MAINTENANCE GUARANTEE AND LETTER OF CREDIT
FOR RUSHING WATERS SECTION 1
WHEREAS, Rushing Waters, LLC developed Rushing Waters, Phase I,
according to the requirements of the North Augusta Planning Commission and the City, and
owns the streets,utilities and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code,
the Director of Planning and Development and the City Engineer approved the final
subdivision plat for recording on October 4,2019, and
WHEREAS, it is the policy of the City that, upon approval of a final
subdivision plat, the City will, following inspection by the City's Engineering department,
accept a deed of dedication for the streets, utilities, etc. for the purpose of ownership and
maintenance when said deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit
accompany the deed; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City standards.
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 those certain streets, situate, lying and being in the City of North Augusta,
County of Aiken, State of South Carolina, located in Rushing Waters subdivision,
Phase One,to wit: Expedition Drive and Lookout Loop,along with the following
systems incident to and servicing Rushing Waters subdivision, Phase One: 1)
sanitary sewer lines and easements therefore; 2) storm sewer lines and easements
therefore: and 3) water lines and easements therefore; all as shown upon a
subdivision plat of Rushing Waters,Phase One for Rushing Waters, LLC by
Southern Partners, Inc., dated June 19, 2019,and revised July 22,2019,and recorded
in Plat Book 61,at page 670, in the Office of the RMC of Aiken County, South
� Carolina. Reference is hereby made to said plat for a more particular description as
to the metes, bounds, and exact location of property.
Also conveyed hereby are those parcels of land designated as Detention Pond 1 and
i Detention Pond 2 as shown on the aforesaid plat.
RESOLUTION ACCEPTING DEED OF DEDICATION—
RUSHING WATERS,PHASE 1 Page 2
This property is conveyed subject to applicable easements,restrictions and/or
protective covenants of record in said RMC Office.
Derivation: This being a portion of the property conveyed to Rushing Waters,LLC
by Title to Real Estate of Summer Lakes Development,LLC dated May 15, 2017
and recorded in the Office of the RMC of Aiken County, South Carolina in Deed
Book 4684,page 110.
Tax Map Number: Portion of 011-09-01-049
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable
Letter of Credit in the amount of$140,000 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
-DAYOF 2020.
Robert A. Pettit, Mayor
ATTEST:
Sharon Lamar, City Clerk