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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 20� P, Public Use JPP P�5 GC, General Commercial o� Q� P R-14, Large Lot, Single-Family Residential Subject Parcel TPN 007-07-07-003 Approximately 24 acres to be rezoned P. Public Use Py �O 0JP 0 �i9 005 P� 'Z O� Z ZT BUTLER O� Z Application RZM19-004 North j 311 W. Martintown Rd. w�E fALJgMRfJ Tax Parcel Number 007-07-07-003 �m ss xo na cmt solus cnrrdina�s aiirIgavnl A request to rezone approximately 2.43 acres � from R-14, Large Lot, Single-Family Residential Date: 1/2/2020 +n D Diihlin I Ice 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- d)90JMWIe�xtomVcnxAfCNWS dW 17512 dac wxxo-x.w -1 ewx�.xea4 wx,x. ewuveai.,e.e. a.x.x•< ew x.+..� nmk eaory .wo-w.mxo onx<em�«xi.wz �`x<..w�,x<a, wi«em -1 4— ama o-wwi.•_ze orm<exs«i.zis om,<nxe.uisri Doer enz«�.z.� 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 . �� ��• � . �� � �� ♦� ��• �� � _� ���� ���►1 • 1�1,.... . ,. „ „ , ; . , „ ,. „ - - 1 / �� � �� �.-. Vii- . %�► � � � _ �j/I�IE IMI���II�i�� �'�1,, I s . � � . � � . � , • • • • : � • • • - .. - ♦♦.♦♦ 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