050123 Council Mtg Mins Adopted
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MINUTES OF MAY 1, 2023
Briton S. Williams, Mayor
J. Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Jenafer F. McCauley, Councilmember
David W. McGhee, Councilmember
Eric H. Presnell, Councilmember
Kevin W. Toole, Councilmember
ORDER OF BUSINESS
The Public Power Hour was streamed for public viewing online at: “City of North Augusta – Public
Information” on www.Facebook.com and “City of North Augusta Public Information” on
www.YouTube.com.
PUBLIC POWER HOUR
The May 1, 2023 Public Power Hour began at 5:30pm Members present were Mayor Williams,
Councilmembers Brooks, Carpenter, McCauley, McGhee, Presnell, and Toole. New Councilmember David
Buck.
Also, in attendance were Ricky Jones, Manager of Information Technology; Kayla Ferguson, Interim
Manager of Human Resources, and Jamie Paul, City Clerk.
1. Residents of the Village at Riverview Neighborhood, spoke on the bridge replacement
connecting the Village at Riverview:
a. Mike Schneider – requested for the wooden foot bridge be repaired
b. Henry Mackie – asked for the replacement of the bridge move quickly
c. Julie Bush – stated that the property value is enhanced by the bridge access
Discussion ensued with Council and residents relating to the bridge being replaced with a metal
bridge, funding of the bridge which is not currently budgeted for, and potential use of ARPA
funding may be possible.
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2. Tom Kinney, resident, presented a painting done by his wife of Bunting Park and stated they
would like to donate the painting to Mayor and Council.
Mayor Williams thanked Mr. Kinney for the painting.
The Public Power Hour concluded at 5:48 pm.
REGULAR MEETING
The Regular meeting of the City Council of the City of North Augusta of May 1, 2023 having been duly
publicized was called to order by Mayor Williams at 6:00pm and also streamed online for public viewing
at “City of North Augusta – Public Information” on www.Facebook.com and on the City YouTube page:
“City of North Augusta Public Information”. Per Section 30-4-80, (e) notice of the meeting by email was
sent out to the current maintained “Agenda Mailout” list consisting of news media outlets and individuals
or companies requesting notification. Notice of the meeting was also posted on the outside doors of the
Municipal Center, the main bulletin board of the Municipal Center located on the first floor, and the City
of North Augusta website.
Mayor Williams rendered the invocation and the Pledge of Allegiance.
Members present were Mayor Williams, Councilmembers Brooks, Carpenter, McCauley, McGhee,
Presnell, and Toole. New Councilmember David Buck.
Also, in attendance were James S. Clifford, City Administrator; Rachelle Moody, Assistant City
Administrator; Kelly F. Zier, City Attorney; Chief John Thomas, Public Safety; Lynda Williamson, Director
of Finance; Kayla Ferguson, Interim Manager of Human Resources; Ricky Jones, Manager of Information
Technology, and Jamie Paul, City Clerk.
ITEM 4. APPROVAL OF MINUTES:
The minutes of the City Council Meeting of April 17, 2023 and Study Session of April 24, 2023, were
approved as submitted by general consent.
ITEM 5. PROCLAMATIONS:
a. 54th Annual Professional Municipal Clerks Week, April 30 – May 6, 2023
b. National Travel and Tourism Week, May 7-13, 2023
Mayor Williams read the 54th Annual Professional Municipal Clerks Week, April 30 – May 6, 2023 and
thanked Clerk Paul and past Clerk Lamar for their services. (See Attachment #5a)
Mayor Williams read the National Travel and Tourism Week, May 7-13, 2023 and presented the
proclamation to Tourism & Marketing Coordinator Randy Duteau. (See Attachment #5b)
ITEM 6. PERSONNEL: Employee of the Quarter – January, February, and March 2023 – Lauren Wertz
Mayor Williams stated this item will be moved to the May 15, 2023 Council Agenda.
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OLD BUSINESS
ITEM 7. FINANCE: Ordinance No. 2023-09 Authorizing and Directing the City of North Augusta to Enter
into an Intergovernmental Agreement Relating to South Carolina Local Revenue Services; to Participate
in One or More Local Revenue Service Programs; to Execute and Deliver One or More Participant
Program Supplements; and Other Matters Relating Thereto – Second Reading
No public comment.
Administrator Clifford stated that the Municipal Association of South Carolina (MASC) is streamlining the
Intergovernmental Agreement and is due by the end of the month.
It was moved by Councilmember McCauley, seconded by Councilmember Presnell, to approve Ordinance
No. 2023-09 Authorizing and Directing the City of North Augusta to Enter into an Intergovernmental
Agreement Relating to South Carolina Local Revenue Services; to Participate in One or More Local
Revenue Service Programs; to Execute and Deliver One or More Participant Program Supplements; and
Other Matters Relating Thereto – Second Reading. Unanimously Approved.
(See Attachment #7)
NEW BUSINESS
ITEM 8. ADMINISTRATION: Ordinance No. 2023-10 Authorizing the City to Enter into a Lease
Agreement with Sabal Designs Limited Company and IRA fbo William Lance Jones IRA, LLC, Related to
Property Consisting of Approximately 0.62 Acres and Known as Tax Map and Parcel No. 007-13-01-006
– First Reading
No public comment.
Attorney Zier explained that this is a renewal and that the agreement has the same individuals, just
different entities. He added this lease is for parking use only.
It was moved by Councilmember Brooks, seconded by Councilmember Toole, to approve Ordinance 2023-
10 Authorizing the City to Enter into a Lease Agreement with Sabal Designs Limited Company and IRA fbo
William Lance Jones IRA, LLC, Related to Property Consisting of Approximately 0.62 Acres and Known as
Tax Map and Parcel No. 007-13-01-006 – First Reading. Unanimously Approved.
(See Attachment #8)
ITEM 9. ELECTION: 2023 Municipal General Election – Certification of Official Results from the
Municipal Election Commission
Mayor Williams announced the results and thanked the Municipal Election Commission for conducting
the election.
Councilmember Presnell and Councilmember Toole recused themselves from the question as they were
candidates in the election.
It was moved by Councilmember Carpenter, seconded by Councilmember McCauley, that Council agreed
to accept the official results of the 2023 Municipal General Election with a unanimous 5-0 vote. The
candidates have been declared elected to their respective offices under provisions of Section 7-13-190 of
the South Carolina Code.
(See Attachment #9)
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ITEM 10. CITY COUNCIL: Recognition of Councilmember J. Robert Brooks
Mayor Williams recognized Councilmember Brooks’ service to the City since 2015 and presented a plaque
to honor his time on Council. Mayor Williams added that Councilmember Brooks has served for the City
of North Augusta for 38 years where he started out in the Parks, Recreation, and Tourism Department.
Councilmember Brooks thanked Council and highlighted on his history with the City.
ITEM 11. CITY COUNCIL: Oath of Office of Newly Elected Councilmembers Administered by Judge
Thomas Murphy
Municipal Judge Thomas Murphy administered the Oath of Office to Councilmembers Eric Presnell, Kevin
Toole, and David Buck Carpenter, who will serve terms ending May 2027.
ITEM 12. CITY COUNCIL: Mayor Pro Tempore – Selection by Council
It was moved by Mayor Williams, seconded by Councilmember Presnell, in accordance with Section 2-31
of the North Augusta City Code to approve the nomination of Councilmember Jenafer McCauley for the
office of Mayor Pro Tempore. The nomination was approved with a vote of 6-0.
Councilmember McCauley recused herself from the question.
Councilmember McCauley will serve as Mayor Pro Tempore for a term of two years.
ITEM 13. ADMINISTRATIVE REPORTS
No Report.
ITEM 14. PRESENTATIONS/COMMUNICATIONS/RECOGNITION OF VISITORS:
A. Citizen Comments:
No comment.
B. Council Comments:
• Mayor Williams highlighted on the following:
o Read into the record a statement reflecting on Council representing the City of North
Augusta – “For North Augusta” (Mayor Statement Attached)
o Recognized Lt. Aaron Fittery for services as a 2nd circuit law enforcement network
assistant coordinator and 2022 law enforcement target zero challenge
o Recognized North Augusta High School Future Business Leaders of America (FBLA) for
placing 1st at the FBLA State Conference in Columbia and they are now eligible for National
Competition
o National Day of Prayer Event at Grace United Methodist Church, Wesley Center; 8:00am-
9:30am
o North Augusta Cultural Arts Music in Park event – May 11 at Maude Edenfield Park,
7:00pm
o Leadership North Augusta – Kickoff Event May 18th at Cavaliers Coffeehouse, 5:30pm
PROCLAMATION
54TH ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK
April 30 – May 6, 2023
WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of local
government exists throughout the world, and
WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants who serves
as the information center on functions of local government and community, and
WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels, and
WHEREAS, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all, and
WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs
of the Office of the Professional Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of their state, provincial, county and international professional
organizations.
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Professional
Municipal Clerk.
NOW, THEREFORE, I, Briton S. Williams, Mayor of the City of North Augusta, hereby recognize the
week of April 30 through May 6, 2023 as Professional Municipal Clerks Week, and further extend
appreciation to the City of North Augusta’s professional municipal Clerk, Jamie Paul and to all
professional municipal clerks for the vital services they perform and their exemplary dedication to the
communities they represent.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Augusta,
South Carolina, to be affixed first day of May, 2023.
______________________________
Briton S. Williams, Mayor
City of North Augusta
ATTACHMENT #5a Page 1 of 1
PROCLAMATION
WHEREAS, the travel industry fuels every industry and will continue to be an essential part of North
Augusta, South Carolina’s economy, development and workforce, and
WHEREAS travel is an economic powerhouse for every state and destination across the country, with an
economic output of $2.6 trillion in 2022, supporting 14.5 million American jobs, and
WHEREAS, travel spending supports vibrant and safe communities in South Carolina and across the
United States by generating $84 billion in state and local tax revenue in 2022 to support essential services,
such as education, emergency response, public safety and more, and
WHEREAS, travel enables success for all industries—including manufacturing, agriculture, defense,
healthcare and more—by driving sales growth, innovation, education and operations that move our
economy, our nation and North Augusta, South Carolina forward; and
WHEREAS, the travel industry continues to recover with the full return of leisure, business and
international inbound travelers; increasing travel to and within the United States drives America forward
to a more prosperous future; and
WHEREAS, the travel industry’s success will grow North Augusta’s economy and workforce, since, prior
to the pandemic, small businesses accounted for 60% of leisure and hospitality employment, and
WHEREAS, travel is an essential industry, and we must continue to communicate that growing travel leads
to economic growth, benefits businesses and fosters mutual understanding.
NOW, THEREFORE, I, Briton Williams, Mayor of the City of North Augusta, South Carolina, do hereby
proclaim May 7-13, 2023 as
National Travel and Tourism Week
and urge the citizens of North Augusta to join me in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Augusta,
South Carolina, to be affixed this 1st day of May, 2023.
______________________ _______
Briton S. Williams, Mayor
City of North Augusta
ATTACHMENT #5b Page 1 of 1
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ORDINANCE NO. 2023-09
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF NORTH AUGUSTA
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT RELATING TO SOUTH
CAROLINA LOCAL REVENUE SERVICES; TO PARTICIPATE IN ONE OR MORE
LOCAL REVENUE SERVICE PROGRAMS; TO EXECUTE AND DELIVER ONE OR
MORE PARTICIPANT PROGRAM SUPPLEMENTS; AND OTHER MATTERS RELATING
THERETO
WHEREAS, the City of North Augusta (the “Municipality”) is authorized by S.C. Code Section
5-7-30 and Title 6, Chapter 1, Article 3 to impose a business license tax on gross income;
WHEREAS, under State law, certain business license taxes are applicable in a manner or at a rate
that applies throughout the State (“Statewide Business License Taxes”);
WHEREAS, such Statewide Business License Taxes include without limitation the
business license taxes applicable to insurers under Title 38, Chapter 7 of the S.C. Code; to brokers
under Title 38, Chapter 45 of the S.C. Code; and to telecommunications companies under Title 58,
Chapter 9, Article 20 of the S.C. Code;
WHEREAS, the Municipal Association of South Carolina (the “Association”) has
previously established local revenue service programs in which the Association administers
Statewide Business License Taxes on behalf of and for the benefit of participating municipalities;
WHEREAS, such local revenue service programs include a program known as the
Insurance Tax Program (“ITP”) that administers business license taxes applicable to insurers under
Title 38, Chapter 7 of the S.C. Code; a program known as the Brokers Tax Program (“BTP”) that
administers business license taxes applicable to brokers under Title 38, Chapter 45 of the S.C.
Code; and a program known as the Telecommunications Tax Program (“TTP”) that administers
business license taxes applicable to telecommunications companies under Title 58, Chapter 9,
Article 20 of the S.C. Code;
WHEREAS, the Municipality currently participates in ITP, BTP, and TTP;
WHEREAS, by Act No. 176 of 2020, known as the South Carolina Business License Tax
Standardization Act and codified at S.C. Code Sections 6-1-400 to -420 (the “Standardization
Act”), the South Carolina General Assembly imposed additional requirements and conditions on
the administration of business license taxes;
WHEREAS, following the enactment of the Standardization Act, the Municipality enacted
Ordinance No. 2021-20 on November 15th 2021, in order to comply with the requirements of the
Standardization Act (the “Current Business License Ordinance”);
WHEREAS, in connection with the enactment of the Standardization Act and the adoption
of locally compliant business license ordinances, the municipalities of the State have determined
that it would be advisable and prudent to update the existing local revenue service programs;
WHEREAS, in particular, the municipalities of the State have determined to establish and
join South Carolina Local Revenue Services (“LRS”) by intergovernmental agreement, which
among other things will administer Statewide Business License Taxes on behalf of its participants,
ATTACHMENT #7 Page 1 of 18
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including but not limited to by continuing to offer the services provided by the ITP, BTP, and TTP;
WHEREAS, Article VIII, Section 13(A) of the South Carolina Constitution provides that
“(a)ny county, incorporated municipality, or other political subdivision may agree with the State
or with any other political subdivision for the joint administration of any function and exercise of
powers and the sharing of the costs thereof;”
WHEREAS, the City Council of the Municipality (the “Council”) now wishes to authorize
and direct the Municipality to join LRS and to participate in one or more local revenue service
programs;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of North
Augusta, as follows:
SECTION 1. Direction to Apply to and Join LRS. The form of the Local Revenue Services
Agreement (the “Agreement”) pursuant to which a municipality may request to participate in LRS
and, if approved, become a participant is attached hereto as Exhibit A. The City Administrator (the
“Executive Officer”) is hereby authorized and directed to apply to participate in LRS. If the
Municipality’s application is approved by LRS, then the Executive Officer shall execute and
deliver a counterpart to the Agreement in substantially the form attached hereto. The Council
hereby approves the terms and conditions of and agrees to comply with the Agreement upon the
execution and delivery thereof by the Executive Officer.
SECTION 2. Participation in Local Revenue Service Programs. The Council determines that,
if admitted to LRS, the Municipality will participate in the ITP, the BTP, and the TTP. The
Executive Officer is hereby authorized and directed to execute and deliver any required Participant
Program Supplements (as such term is defined in the Agreement) as may be necessary to
participate in such local revenue service programs.
SECTION 3. Business License Taxes Applicable to Insurance Companies. Notwithstanding
anything in the Current Business License Ordinance to the contrary, the following provisions shall
apply to insurance companies subject to Title 38, Chapter 7 of the S.C. Code.
a) Except as set forth below, “gross premiums” for insurance companies means gross
premiums written for policies for property or a risk located within the municipality. In
addition, “gross premiums” shall include premiums written for policies that are sold,
solicited, negotiated, taken, transmitted, received, delivered, applied for, produced or
serviced by (1) the insurance company’s office located in the municipality, (2) the
insurance company’s employee conducting business within the municipality, or (3) the
office of the insurance company’s licensed or appointed producer (agent) conducting
business within the municipality, regardless of where the property or risk is located,
provided no tax has been paid to another municipality in which the property or risk is
located based on the same premium.
b) As to fire insurance, “gross premiums” means gross premiums (1) collected in the
municipality, and/or (2) realized from risks located within the limits of the municipality.
c) As to bail bonds, “gross premiums” shall exclude any amounts retained by a licensed bail
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bondsman as defined in Title 38, Chapter 53 of the S.C. Code for authorized commissions,
fees, and expenses.
d) Gross premiums shall include all business conducted in the prior calendar year. Gross
premiums shall include new and renewal business without deductions for any dividend,
credit, return premiums, or deposit.
e) Solicitation for insurance, receiving or transmitting an application or policy, examination
of a risk, collection or transmitting of a premium, adjusting a claim, delivering a benefit,
or doing any act in connection with a policy or claim shall constitute conducting business
within the municipality, regardless of whether or not an office is maintained in the
municipality.
f) The business license tax for insurance companies under Title 38, Chapter 7 of the S.C.
Code shall be established at the rates set forth below. Declining rates shall not apply.
NAICS
Code
524113 Life, Health, and Accident. 2.0% of Gross Premiums.
524126 Fire and Casualty. 2.0% of Gross Premiums.
524127 Title Insurance. 2.0% of Gross Premiums.
g) License taxes for insurance companies shall be payable on or before May 31 in each year
without penalty. The penalty for delinquent payments shall be 5% of the tax due per month,
or portion thereof, after the due date until paid.
SECTION 4. Business License Tax Applicable to Brokers. Title 38, Chapter 45 of the S.C.
Code (the “Brokers Act”) establishes a blended premium tax rate applicable to brokers of 6 percent,
comprising a 4 percent State premium tax and a 2 percent municipal premium tax, each to be
collected by the South Carolina Department of Insurance. Pursuant to §§ 38-45-10 and 38-45-60
of the Brokers Act, the Municipal Association of South Carolina is designated the municipal agent
for purposes of administration of the municipal broker’s premium tax.
SECTION 5. Business License Taxes Applicable to Telecommunication Companies.
a) Notwithstanding any other provisions of the Current Business License Ordinance, the
business license tax for “retail telecommunications services,” as defined in S. C. Code
Section 58-9-2200, shall be at the maximum rate authorized by S. C. Code Section 58-9-
2220, as it now provides or as provided by its amendment. Declining rates shall not apply.
b) The business license tax year for retail telecommunications services shall begin on January
1 of each year. The business license tax for retail telecommunications services shall be due
on January 1 of each year and payable by January 31 of that year, without penalty. The
delinquent penalty shall be five percent (5%) of the tax due for each month, or portion
thereof, after the due date until paid.
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c) In conformity with S.C. Code Section 58-9-2220, the business license tax for “retail
telecommunications services” shall apply to the gross income derived from the sale of retail
telecommunications services for the preceding calendar or fiscal year which either
originate or terminate in the municipality and which are charged to a service address within
the municipality regardless of where these amounts are billed or paid and on which a
business license tax has not been paid to another municipality. The measurement of the
amounts derived from the retail sale of mobile telecommunications services shall include
only revenues from the fixed monthly recurring charge of customers whose service address
is within the boundaries of the municipality. For a business in operation for less than one
year, the amount of business license tax shall be computed on a twelve-month projected
income.
d) Nothing in this Ordinance shall be interpreted to interfere with continuing obligations of
any franchise agreement or contractual agreement. All fees collected under such a franchise
or contractual agreement shall be in lieu of fees or taxes which might otherwise be
authorized by this Ordinance.
SECTION 6. No Exemption for Interstate Commerce. Properly apportioned gross income from
interstate commerce shall be included in the gross income for every business subject to a business
license tax.
SECTION 7. LRS to Appoint Business License Official and to Designate Appeals Board.
Pursuant to the Agreement, LRS is hereby authorized to appoint one or more individuals (each, an
“LRS Business License Official”) to act as the Municipality’s business license official for purposes
of administering Statewide Business License Taxes. In addition, LRS is hereby authorized
pursuant to the Agreement to designate an appeals board (the “Appeals Board”) for purposes of
appeals arising with respect to such taxes. The LRS Business License Official so appointed and
the Appeals Board so designated shall have all of the powers granted to the Municipality’s business
license official and appeals board under the Current Business License Ordinance, except as may
be modified by this ordinance.
SECTION 8. Appeals Process. With respect to the calculation, assessment, and collection of
Statewide Business License Taxes, in lieu of the appeals process described in the Current Business
License Ordinance, the following appeals process required by S.C. Code Section 6-1-410 shall
apply:
a) If a taxpayer fails or refuses to pay a Statewide Business License Tax by the date on which
it is due, the LRS Business License Official may serve notice of assessment of the
Statewide Business License Tax due on the taxpayer by mail or personal service. Within
thirty days after the date of postmark or personal service, a taxpayer may request, in writing
with reasons stated, an adjustment of the assessment. An informal conference between the
LRS Business License Official and the taxpayer must be held within fifteen days of the
receipt of the request, at which time the taxpayer may present any information or
documents in support of the requested adjustment. Within five days after the conference,
the LRS Business License Official shall issue a notice of final assessment and serve the
taxpayer by mail or personal service with the notice and provide a form for any further
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appeal of the assessment by the taxpayer.
b) Within thirty days after the date of postmark or personal service, the taxpayer may appeal
the notice of final assessment by filing a completed appeal form with the LRS Business
License Official, by mail or personal service, and by paying to LRS in protest at least eighty
percent of the business license tax based on the final assessment. The appeal must be heard
and determined by the Appeals Board. The Appeals Board shall provide the taxpayer with
written notice of the hearing and with any rules of evidence or procedure prescribed by the
Appeals Board. The hearing must be held within thirty days after receipt of the appeal form
unless continued to another date by agreement of the parties. A hearing by the Appeals
Board must be held at a regular or specially called meeting of the Appeals Board. At the
appeals hearing, the taxpayer and LRS have the right to be represented by counsel, to
present testimony and evidence, and to cross-examine witnesses. The hearing must be
recorded and must be transcribed at the expense of the party so requesting. The Appeals
Board shall decide the assessment by majority vote. The Appeals Board shall issue a
written decision explaining the basis for the decision with findings of fact and conclusions
and shall inform the taxpayer of the right to request a contested case hearing before the
Administrative Law Court. The written decision must be filed with the LRS Business
License Official and served on the taxpayer by mail or personal service. The decision is
the final decision of LRS on the assessment.
c) Within thirty days after the date of postmark or personal service of LRS’s written decision
on the assessment, a taxpayer may appeal the decision to the Administrative Law Court in
accordance with the rules of the Administrative Law Court.
SECTION 9. Repealer, Effective Date. All ordinances in conflict with this ordinance are hereby
repealed. This ordinance shall be effective on the date of final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
MAY, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #7 Page 5 of 18
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LOCAL REVENUE SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of ____________ A.D., 20___, by and
among the Municipal Association of South Carolina (the “Association”) and all the parties who
are now or may hereafter become participants (“Participants”) in South Carolina Local Revenue
Services, a division of the Association (“LRS”),
WITNESSETH:
WHEREAS, certain governmental functions may be more efficiently and effectively provided in
cooperation with other governments, particularly when the sharing of such functions may deliver
economies of scale, avoid redundancies in staffing, facilitate intergovernmental communication
and coordination, benefit the citizens and taxpayers of the State by offering single points of
contact, and allow retention of highly trained and specialized staff or private contractors in
situations in which it would not be cost effective for a single government to retain such
professionals;
WHEREAS, Article VIII, sec. 13 of the South Carolina Constitution provides that any incorporated
municipality “may agree with . . . any other political subdivision for the joint administration of
any function and exercise of powers and the sharing of the costs thereof,” and that “[n]othing in
this Constitution may be construed to prohibit the State or any of its counties, incorporated
municipalities, or other political subdivisions from agreeing to share the lawful cost,
responsibility, and administration of functions with any one or more governments, whether
within or without this State;”
WHEREAS, S.C. Code § 4-9-41(A) provides that any “incorporated municipality ... may provide for
the joint administration of any function and exercise of powers as authorized by Section 13 of
Article VIII of the South Carolina Constitution;”
WHEREAS, certain municipalities in the State have determined that it would be effective and
efficient to jointly perform certain functions, including without limitation the business license
functions more fully described below;
WHEREAS, LRS is a division of the Association and a committee of the board of directors of the
Association and will establish or continue one or more Revenue Service Programs (as hereinafter
defined); and
WHEREAS, the Participants, through action of their respective governing bodies, have elected to
comply with the conditions of this Agreement and to authorize LRS to perform the functions and
exercise the powers herein described;
NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and obligations
herein contained, which are given to and accepted by each signatory hereof to the other, the
parties hereto agree as follows:
Section 1. Definitions. As used in this Agreement, the following terms shall have the meanings
set forth below:
EXHIBIT A ATTACHMENT #7 Page 6 of 18
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(a)“Appeals Board” means the board created pursuant to Section 8 hereof for purposes of
hearing and determining appeals under this Agreement.
(b)“Association” means the Municipal Association of South Carolina.
(c)“Gross Proceeds” means, with respect to any Revenue Service Program and for any period
of calculation, the total amount of Impositions collected by LRS during such period.
(d)“Imposition” means any tax, fee, rate, charge, fine, penalty, or interest charge that has
been lawfully imposed by a Participant and for which a Revenue Service Program has been
established. Such Impositions include, without limitation, Statewide Business License
Taxes.
(e)“LRS” means South Carolina Local Revenue Services, established by this Agreement.
(f)“LRS Board of Directors” means the board of directors of LRS.
(g)“LRS Business License Official” shall mean the person designated from time to time by the
LRS Board of Directors to act as the business license official (as such term in used in S.C.
Code §§ 6-1-400 to -420) with respect to one or more Revenue Service Programs. The LRS
Board of Directors may, but need not, designate different persons as the LRS Business
License Official for different Revenue Service Programs.
(h)“Participant” means a local government that has become a participant in LRS by applying
to LRS for admission and, if approved, accepting the terms of participation in LRS by
ordinance and signing this Agreement in counterpart.
(i)“Net Proceeds” means, with respect to any Revenue Service Program and for any period
of calculation, the amount of Gross Proceeds that remain for distribution to Participants
after the payment of operation and maintenance expenses (including, without limitation,
LRS’s compensation) for such period.
(j)“Revenue Service Programs” means any one or more programs established or continued
by LRS to administer, assess, collect, and enforce Impositions. Such Revenue Service
Programs may include, without limitation, programs for the administration, assessment,
collection, and enforcement of Statewide Business License Taxes.
(k)“S.C. Code” means the South Carolina Code of Laws of 1976, as amended.
(l)“State” means the State of South Carolina.
(m) “Statewide Business License Taxes” means business license taxes that, pursuant to the
S.C. Code, are applicable in a manner or at a rate that applies throughout the State. Such
business license taxes include without limitation the business license taxes applicable to
insurers under Title 38, Chapter 7 of the S.C. Code; to brokers under Title 38, Chapter 45
of the S.C. Code; to telecommunications companies under Title 58, Chapter 9, Article 20
of the S.C. Code; and such other business license taxes as may now or hereafter be made
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applicable throughout the State in a manner or at a rate that has been established by
State law.
Section 2. Authorization of LRS. The municipalities that are initial signatories hereto do hereby
establish LRS and authorize it to perform the functions and exercise the powers described in this
Agreement. The functions to be performed hereunder are more specifically described in Section
5 below and the powers to be exercised are more specifically described in Section 6 below. The
Participants, regardless of their respective dates of admission to LRS, further agree as follows:
(a)The functions and powers described in this Agreement would be more efficiently and
effectively performed and exercised in cooperation with other governments through LRS;
(b)The Participants shall comply with the conditions of this Agreement and, by joining LRS,
shall jointly perform the functions and exercise the powers herein described by contract
with LRS.
Section 3. Participation. The right to participate in LRS shall be limited to local governments
within the State. A qualifying entity may become a Participant by applying to LRS for admission
and, if approved, accepting the terms of participation in LRS by ordinance and signing this
Agreement in counterpart. LRS shall be sole judge of whether an applicant shall be admitted as a
Participant. A Participant may be suspended or expelled by the LRS Board of Directors from LRS,
provided that such suspension or expulsion shall not be effective until 30 days after written
notice of suspension or expulsion has been mailed to it.
Section 4. LRS Board of Directors. LRS shall be governed by a Board of Directors containing five
Directors. The members of the Association’s Executive Committee (comprising the President,
First Vice President, Second Vice President, Third Vice President, and Immediate Past President
of the Association) shall serve ex officio as Directors of LRS, with terms of office coterminous with
their terms as officers of the Association. The President of the Association, or in his or her absence
the First Vice President of the Association, shall serve as chair at meetings of the LRS Board of
Directors. With respect to LRS’s officers, the members of the LRS Board of Directors shall occupy
the same offices as they do with respect to the Association.
Section 5. Functions of LRS. LRS may, and at the direction of and subject to the control of the LRS
Board of Directors shall, establish or continue one or more Revenue Service Programs including,
without limitation, for the administration, assessment, collection, and enforcement of Statewide
Business License Taxes and other Impositions related to Statewide Business License Taxes. LRS’s
functions with respect to the Revenue Service Programs shall include, without limitation, training
employees; developing resources to assist business license functions; making necessary
investigations into entities or individuals subject to Impositions; developing databases for the
application, calculation, allocation, and distribution of Impositions; establishing procedures for
determining and calculating the amounts due as Impositions; communicating with entities or
individuals subject to Impositions; collecting current and delinquent Impositions; initiating,
defending, managing, resolving, and settling disputes or litigation matters that affect more than
EXHIBIT A ATTACHMENT #7 Page 8 of 18
Page 4
one Participant; and acquiring, licensing, developing, improving, maintaining, and protecting
software and other information technology infrastructure.
Section 6. Powers of LRS. LRS shall have the following powers:
(a)adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe
rules and policies and promulgate regulations in connection with the performance of its
functions and duties;
(b)adopt an official seal and alter it at its pleasure;
(c)maintain an office at a place it determines;
(d)sue and be sued in its own name and plead and be impleaded;
(e)require documentation of amounts due from taxpayers, including without limitation by
requiring reconciliation reports in which the taxpayer provides sufficient information to
verify whether revenues of the taxpayer are appropriate for exclusion as non-municipal
revenues and to determine the proper allocation of Impositions among Participants;
(f)receive, administer, and comply with the conditions and requirements of a gift, grant, or
donation of property or money;
(g)acquire by purchase, lease, gift, or otherwise, or obtain options for the acquisition of, any
property, real or personal, improved or unimproved, including an interest in land less than
the fee thereof in conformity with state law;
(h)sell, lease, exchange, transfer, mortgage, or otherwise dispose of, or grant options for any
such purposes with respect to, any real or personal property or interest therein in
conformity with state law;
(i)make and execute contracts, agreements, or other undertakings with such agents, service
contractors, persons, firms, corporations, and attorneys as it deems appropriate to
performs its functions and exercise its powers;
(j)acquire, license, develop, improve, maintain, and protect software and other information
technology infrastructure;
(k)employ professionals, support staff, attorneys, appraisers, financial advisors, and other
consultants and employees as required in the judgment of LRS and fix and pay their
compensation from funds available to LRS for that purpose;
(l)transact any lawful business that will aid the purposes and functions of LRS;
(m) make payments or donations, or do any other act, not inconsistent with law, that furthers
the business and affairs of LRS; and
(n)do all things necessary or convenient, not inconsistent with law, to further the activities
and affairs of LRS
EXHIBIT A ATTACHMENT #7 Page 9 of 18
Page 5
Section 7. Attorney-in-Fact Designation; Dispute Resolution and Conduct of Litigation. Each
Participant hereby appoints LRS and its designees as its agent and attorney-in-fact to act on its
behalf with respect to Impositions. As agent and attorney-in-fact, LRS shall be fully empowered
to initiate, defend, manage, resolve, and settle any disputes or litigation (whether in its own
name or in the name of the Participants) relating to Impositions owing or payable to one or more
Participants; to pay all expenses, costs, and judgments that might be incurred against LRS when
acting on behalf of its Participants for communication, investigation, negotiation, enforcement,
defense, or settlement with respect to Impositions; and to take all other actions as may be
necessary to administer, collect, investigate, enforce, and implement the Revenue Service
Programs. Each Participant, pursuant to Rule 17 of the S. C. Rules of Civil Procedure and Rule 17
of the Federal Rules of Civil Procedure, specifically acknowledges the standing of LRS to prosecute
a civil action for collection in its behalf and hereby ratifies any such action that LRS may
commence.
The LRS Board of Directors may, by majority vote, authorize a third party (including without
limitation the Association) to act as attorney-in-fact to the same extent as set forth in this section
on behalf of the Participants.
LRS’s authority to initiate, defend, manage, resolve, and settle disputes and litigation shall be
subject to the following terms and conditions:
(a)If, with respect to any particular dispute, a proposed compromise or settlement would
reduce the amount asserted by LRS to be payable to an individual Participant by more
than ten percent (10%) of the total amount remitted by LRS to such Participant in the
immediately preceding year for the relevant Revenue Service Program, then,
notwithstanding subsections 7(b) and 7(c) below, LRS shall be required to secure the
written consent of such Participant before compromising or settling such dispute with
respect to such Participant. Otherwise, LRS shall be entitled to compromise or settle such
dispute on behalf of each Participant without further authorization by such Participants
beyond that contained herein.
(b)Any proposed compromise or settlement that would result in a reduction of $100,000 or
less from the amount originally claimed to be due and owing by LRS may be approved or
denied by LRS without separate approval by the LRS Board of Directors. The LRS Board of
Directors shall, by appropriate action from time to time, designate one or more staff
members or contractual counterparties who are authorized to compromise or settle such
disputes.
(c)Any proposed compromise or settlement that would result in a reduction of more than
$100,000 from the amount originally claimed to be due and owing by LRS must be
approved or denied by the LRS Board of Directors.
EXHIBIT A ATTACHMENT #7 Page 10 of 18
Page 6
(d)Any proposed compromise or settlement that would result in a waiver of penalties,
interest, late charges, or other amounts owing due to late payment of an Imposition must
be approved or denied by the LRS Board of Directors.
Section 8. Appeals Process. The Participants acknowledge that, pursuant to local ordinances,
regulations, and rules, each Participant has its own procedures by which matters relating to the
calculation, assessment, and collection of business license taxes may be appealed. With respect
to Impositions subject to this Agreement, however, each Participant has enacted a local
ordinance by which appeals relating to such Impositions are excluded from the otherwise
applicable local ordinance. Each Participant agrees that the appeals process described in this
Section shall apply to all appeals relating to Impositions subject to this Agreement. Each
Participant hereby consents to the adoption of the appeals process described in this Section;
specifically declares its intention that such appeals process shall be deemed an exception to its
otherwise applicable local ordinances, regulations, and rules; and agrees that it has or will
approve such appeals process by appropriate local action.
(a)There is hereby created a board for purposes of hearing appeals pursuant to this Section
(the “Appeals Board”). The Appeals Board shall contain three members. The President of
the Association, the Executive Director of the Association, and the President of the South
Carolina Business Licensing Officials Association (“BLOA”) shall each serve ex officio as
members of the Appeals Board, with terms of office coterminous with their terms as
officers of the Association or BLOA, as appropriate. The President of the Association, or
in his or her absence the Executive Director of the Association, shall serve as chair at
meetings of the Appeals Board.
(b)With respect to the calculation, assessment, and collection of Impositions, the following
appeals process, as required by Section 6-1-410, shall apply.
(1)If a taxpayer fails or refuses to pay an Imposition by the date on which such
Imposition is due, the LRS Business License Official may serve notice of assessment
of the Imposition due on the taxpayer by mail or personal service. Within thirty
days after the date of postmark or personal service, a taxpayer may request, in
writing with reasons stated, an adjustment of the assessment. An informal
conference between the LRS Business License Official and the taxpayer must be
held within fifteen days of the receipt of the request, at which time the taxpayer
may present any information or documents in support of the requested
adjustment. Within five days after the conference, the LRS Business License
Official shall issue a notice of final assessment and serve the taxpayer by mail or
personal service with the notice and provide a form for any further appeal of the
assessment by the taxpayer.
(2)Within thirty days after the date of postmark or personal service, the taxpayer
may appeal the notice of final assessment by filing a completed appeal form with
the LRS Business License Official, by mail or personal service, and by paying to LRS
EXHIBIT A ATTACHMENT #7 Page 11 of 18
Page 7
in protest at least eighty percent of the business license tax based on the final
assessment. The appeal must be heard and determined by the Appeals Board. The
Appeals Board shall provide the taxpayer with written notice of the hearing and
with any rules of evidence or procedure prescribed by the Appeals Board. The
hearing must be held within thirty days after receipt of the appeal form unless
continued to another date by agreement of the parties. A hearing by the Appeals
Board must be held at a regular or specially called meeting of the Appeals Board.
At the appeals hearing, the taxpayer and LRS have the right to be represented by
counsel, to present testimony and evidence, and to cross-examine witnesses. The
hearing must be recorded and must be transcribed at the expense of the party so
requesting. The Appeals Board shall decide the assessment by majority vote. The
Appeals Board shall issue a written decision explaining the basis for the decision
with findings of fact and conclusions and shall inform the taxpayer of the right to
request a contested case hearing before the Administrative Law Court. The
written decision must be filed with the LRS Business License Official and served on
the taxpayer by mail or personal service. The decision is the final decision of LRS
on the assessment.
(3)Within thirty days after the date of postmark or personal service of LRS’s written
decision on the assessment, a taxpayer may appeal the decision to the
Administrative Law Court in accordance with the rules of the Administrative Law
Court.
Section 9. LRS May Be Separately Organized. Hereafter, the LRS Board of Directors may
determine, for corporate governance, recordkeeping, and operational purposes, that LRS should
be established as a separate entity, either under the South Carolina Nonprofit Corporation Act,
currently codified at Title 33, Chapter 31 of the S.C. Code, or otherwise. If the LRS Board of
Directors so determines, it may take all such actions as may be necessary to organize LRS as a
separate entity without further approval by the Participants, provided that such organization
shall not otherwise vary or modify the terms of this Agreement except to the extent necessary
to reflect the new organizational structure of LRS.
Section 10. Participation in a Revenue Service Program. A Participant may elect to participate in
a Revenue Service Program by signing and delivering a separate supplement to this Agreement
with respect to such Revenue Service Program (each, a “Participant Program Supplement”). The
Participant Program Supplements shall be substantially identical within each Revenue Service
Program. The form of the Participant Program Supplement is attached hereto as Appendix A.
Section 11. Collection of Impositions; Distributions; Payment for Services; Prohibition on
Lobbying Activity.
(a)LRS shall collect, subject to the Participant Program Supplements, all Impositions subject to
this Agreement.
EXHIBIT A ATTACHMENT #7 Page 12 of 18
Page 8
(b)The Participants will compensate LRS for its services. Initially, such compensation shall be in
the amount of four percent of Gross Proceeds collected for the benefit of each Participant
within each Revenue Service Program, subject to any volume discount approved from time
to time by the LRS Board of Directors, together with any interest earned on funds held on
deposit prior to disbursement. The Participants acknowledge that this amount represents
operating expenses payable to LRS for services rendered. For accounting and recordkeeping
purposes, LRS will apply this rate to each Participant separately within each Revenue Service
Program. Hereafter, and notwithstanding Section 13 below, the LRS Board of Directors by
majority vote may amend the compensation method by giving notice to all participating
Participants at least ninety days prior to the effective date of such amendment. Such
amendment shall become effective after the ninety-day notice period with respect to each
Participant without further action by such Participant, provided that such Participant may
withdraw from participation at any time within ninety days after notice of the amendment is
provided.
(c)LRS will regularly, and not less than once in each calendar quarter, distribute the Net Proceeds
to Participants.
(d)No funds or personnel of LRS may be used or employed to influence any election; support or
oppose any partisan organization; support or oppose the enactment, repeal, or modification
of any federal or state legislation; or seek to influence any federal or state local government
officials in the discharge of their official functions.
Section 12. Fiscal Year. LRS shall operate on a fiscal year from 12:01 a.m. January 1 of each year
to 12:00 midnight December 31 of the succeeding year (the “LRS Year”). Application for
participation, when approved in writing by LRS shall constitute a continuing contract for each
succeeding LRS Year unless cancelled by LRS.
Section 13. Amendment. This Agreement may be amended by an agreement executed by those
Participants constituting a majority of the Participants in LRS during the current LRS Year. In lieu
of this amendment procedure, the Participants hereby appoint a 4/5 majority (i.e., at least four
Directors) of the LRS Board of Directors agents to make any amendments to this Agreement that
would not fundamentally alter the contemplated arrangement. Written notice of any
amendment proposed for adoption by the LRS Board of Directors shall be mailed to each
Participant not less than 30 days in advance. Written notice of amendments finally adopted by
the LRS Board of Directors shall be mailed to each Participant not more than 30 days after
adoption.
Section 14. Terms Applicable on Admission. Any entity that formally applies to participate in LRS
and is accepted by LRS shall thereupon become a party to this Agreement and be bound by all of
the terms and conditions hereof. A Participant may withdraw from participation by delivery of
written notice of withdrawal at least 90 days prior to the end of an LRS Year, to be effective as of
the end of such LRS Year.
EXHIBIT A ATTACHMENT #7 Page 13 of 18
Page 9
Section 15. Term; Dissolution. LRS has been established with the bona fide intention that it shall
be continued in operation indefinitely and that the contributions to LRS shall continue for an
indefinite period. However, the LRS Board of Directors reserves the right at any time to terminate
LRS by a written instrument to that effect executed by at least four-fifths (4/5) of the members
of the LRS Board of Directors. Such written termination notice shall be delivered to each
Participant no less than 120 days prior to the effective date of termination. In the event of such
termination, Participant contributions shall cease as of the date of termination and the assets
then remaining in the fund shall continue to be used and applied, to the extent available, for the
(a)payment of claims arising prior to such termination and (b) payment of reasonable and
necessary expenses incurred in such termination. Any monies or other assets thereafter
remaining in LRS shall be distributed pro rata to the Participants in LRS as of the day of
termination. In no event shall any such assets be returned or distributed to any individual. Upon
such termination, the LRS Board of Directors shall continue to serve for such period of time and
to the extent necessary to effectuate termination of LRS.
[signatures appear on following page]
EXHIBIT A ATTACHMENT #7 Page 14 of 18
Page 10
IN WITNESS WHEREOF, the Participants listed below acknowledge their participation in LRS and
acceptance of obligations thereunder, by the due execution hereof, following appropriate
governmental body approval, by its mayor or other duly authorized official. Further, LRS has
caused these presents to be signed by its President and attested by its Vice President.
MUNICIPAL ASSOCIATION OF SOUTH CAROLINA
B.Todd Glover, Executive Director
LOCAL REVENUE SERVICES, A DIVISION OF THE
MUNICIPAL ASSOCIATION OF SOUTH CAROLINA
Mayor Rick Osbon, President of LRS
ATTEST:
Mayor Barbara Blain-Bellamy, Vice President of LRS
EXHIBIT A ATTACHMENT #7 Page 15 of 18
Page 11
PARTICIPANT SIGNATURE PAGE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA
James S. Clifford, City Administrator
ATTEST:
Name: Jamie Paul, City Clerk of North Augusta
EXHIBIT A ATTACHMENT #7 Page 16 of 18
APPENDIX A: FORM OF PARTICIPANT PROGRAM SUPPLEMENT
WHEREAS, the City of North Augusta (the “Municipality”) has applied for and been approved to
participate in South Carolina Local Revenue Services (“LRS”);
WHEREAS, the Municipality has executed a counterpart of the Local Revenue Services Agreement
(the “Agreement”) by and among itself and all other participants in LRS;
WHEREAS, capitalized terms used and not otherwise defined herein have the meaning given to
such terms in the Agreement;
WHEREAS, pursuant to the Agreement, LRS has established Revenue Service Programs for
Statewide Business Licenses and other Impositions; and
WHEREAS, the Municipality now desires to agree to participate in one or more Revenue Service
Programs;
NOW, THEREFORE, the Municipality hereby agrees with LRS as follows:
Section 1. Participation in Revenue Service Programs. The Municipality hereby elects and agrees
to participate in the following Revenue Service Programs: ITP, BTP, and TTP.
Section 2. Term. This Participant Program Supplement is effective until December 31, 2023, and
shall continue from year-to-year thereafter until terminated by either party upon notice
delivered in writing given at least 90 days prior to the next upcoming December 31.
Section 3. Payment for Services. The Municipality agrees that it will compensate LRS for its
services as set forth in the Agreement. Initially, such compensation shall be in the amount of four
percent of Gross Proceeds collected for the benefit of the Municipality within each Revenue
Service Program, subject to any volume discount approved from time to time by the LRS Board
of Directors, together with any interest earned on funds held on deposit prior to disbursement.
The Municipality acknowledges that this amount represents operating expenses payable to LRS
for services rendered. For accounting and recordkeeping purposes, LRS will apply this rate to the
Municipality separately within each Revenue Service Program.
Section 4. Expenses; Fund Accounting. (a) The rate for services established herein shall be
inclusive of all administrative expenses of LRS, except legal expenses incurred in connection with
the services rendered. Legal expenses incurred by LRS are not included in the base rate and shall
be prorated to all Participants in direct relationship to the disbursements of the Revenue Service
Program to which the legal expenses relate.
(b)LRS will deposit all funds received in an appropriate account for which accurate
records will be maintained. Business license taxes collected for the Municipality, less the service
charge herein agreed to, will be disbursed to the Municipality on or before March 1 of each
calendar year and thereafter as remaining collections permit.
Section 5. Special Provisions for BTP. (a) Pursuant to Title 38, Chapter 45 of the South Carolina
Code of Laws (the “Brokers Insurance Statute”), the Municipality designates the Municipal
EXHIBIT A ATTACHMENT #7 Page 17 of 18
Association of South Carolina as the municipal agent to act on behalf of the municipality for the
purposes of the Brokers Insurance Statute.
(b) The Brokers Insurance Statute governs the receipt from the South Carolina
Department of Insurance (“DOI”) and distribution to the Municipality of all municipal premium
taxes from brokers for non-admitted surplus lines insurance. Upon receipt of the taxes from the
DOI, LRS will deposit all funds received in an appropriate account for which accurate records will
be maintained. Taxes will be disbursed to the Municipality, less the service charge herein agreed
to, as collections permit.
EXHIBIT A ATTACHMENT #7 Page 18 of 18
ORDINANCE NO. 2023-10
ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A LEASE
AGREEMENT WITH SABAL DESIGNS LIMITED COMPANY AND IRA fbo
WILLIAM LANCE JONES IRA, LLC, RELATED TO PROPERTY
CONSISTING OF APPROXIMATELY 0.62 ACRES AND KNOWN AS TAX
MAP AND PARCEL NO. 007-13-01-006
WHEREAS, the City was approached by representatives of Riverside, H.F., LLC in
connection with a Commercial Development/Event Facility that they propose to build within the
Hammonds Ferry Development; and,
WHEREAS, in order to provide adequate parking for the facility, the developers proposed
to construct and maintain a parking lot on property belonging to the City with the understanding that
the City and general public would be able to utilize such parking when not required for the developer’s
facility; and,
WHEREAS, substantial negotiation and discussion related to the request has taken place
with Mayor and City Council ultimately determining that such arrangement would be in the best
interest of the City and that such parking facility is the appropriate development of the property in
question.
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 City authorizes the Parking Agreement/Lease of Real Estate as
identified on “Exhibit A” attached hereto and incorporated by reference.
II.That the City Administrator is authorized to execute the Agreement on
behalf of the City.
III.This Ordinance shall become effective immediately upon its adoption on
second 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 MAY, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #8 Page 1 of 5
PAGE 1 OF 4
STATE OF SOUTH CAROLINA ) AGREEMENT
COUNTY OF AIKEN ) RELATED TO PARKING
This Agreement is entered into this ___ day of _______________, 2023, by and between
the City of North Augusta, hereinafter referred to as “CITY” and Sabal Designs Limited Company
and IRA Innovations, LLC fbo William Lance Jones IRA, LLC, hereinafter referred to as
“DEVELOPER”.
WHEREAS, the City owns certain real estate located in an area generally referred to as
Hammonds Ferry; AND,
WHEREAS, the property belonging to the City that is subject of this Agreement, consists of
approximately 0.60 acres and is known as Parcel 2A, 2B and 2C, pursuant to the Plat recorded in
the Aiken County RMC Office in Plat Book 54 at Page 461. Tax Map and Parcel Numbers for
Aiken County, South Carolina, as Parcel: 007-13-01-006; AND,
WHEREAS, Developer owns, property adjacent to that of the City, as described above. Such
property consisting of a Lot consisting of 62,563 square + or - known as Tax Map and Parcel
Number 007-13-19-004; AND,
WHEREAS, the property belonging to the City has various restrictions as to the usage and
development, etc. of same, such restrictions allowing for park type development with minimal
disturbance to the surface of the property and would also allow for the development of a parking
lot, again with minimal surface disturbance; AND,
WHEREAS, Developer is considering a commercial development adjacent to the identified
properties and would have need for parking space in addition to that which would be able to be
placed on the property belonging to Developer ; AND,
EXHIBIT A ATTACHMENT #8 Page 2 of 5
PAGE 2 OF 4
WHEREAS, the City has a public park area known as Boech Park located in close proximity
to the property and the City would benefit by being able to provide additional parking for Boech
Park as well as other City functions in the surrounding area; AND,
WHEREAS, the parties have discussed the leasing of property by the City to Developer to
allow for such property, along with property of Developer, to be developed into a parking lot; AND,
WHEREAS, specifically, the parties agree as follows:
1. The City will grant to Developer a lease for the identified City property for the parking
usage as specifically provided hereafter. Such lease being subject to termination in the
event that Developer fails to obtain a building permit and commence construction within
three (3) years from the date of this Agreement. Developer would also be required to
complete the construction of the required parking lot within four (4) years from the date of
this Agreement.
2. Should Developer fail to obtain a building permit and commence construction within the
three (3) year period or fail to complete the construction within four (4) years, this
Agreement shall be null and void.
3. In the event that Developer complies with the requirements related to the construction of
the parking lot, the City agrees to lease such property for a period of 30 years for the sum
of $1.00 per year. In the event that the Lease is formally commenced and the heretofore
stated conditions met, the City at the conclusion of the thirty (30) year lease period would
agree to renew for additional periods of one (1) year at a time upon the payment of rent of
$1.00 per year, provided that the facility to be built by Developer remains a publicly rented
event space and Developer complies with all requirements as set forth hereafter related to
maintenance of the parking area to include the maintaining of the lots surface, stripping,
etc. as well as all other requirements of the Agreement.;
4. Developer will develop the property of the City as well as its identified property for
parking;
5. The development of the property would comply with all City, State and Federal
requirements to include specific requirements related to portions of the property involving
Indian archelogy;
6. The property would be developed in accordance with all requirements of the Hammonds
Ferry Subdivision and any other restrictive covenants or recorded development
requirements covering said property;
7. The development of the parking lot would be at the sole cost of Developer and would
require the normal maintenance guarantees as would be required by the City for any such
development;
EXHIBIT A ATTACHMENT #8 Page 3 of 5
PAGE 3 OF 4
8. Developer will be developing a facility for public commercial use and during the times that
said facility is being used for events, Developer will have sole and exclusive use of the
parking lot;
9. During the time of exclusive use of the parking lot by Developer, Developer will be
responsible for staffing and any control or regulation of the lot needed;
10. At all times that the lot is not required for a specific function at Developer ’s facility, the
entire parking lot would be available for use by the general public;
11. In the event that the City is conducting an event at Boech Park, for which the City would
desire to restrict access to the lot only to persons involved with said event, the City would
be responsible for staffing the parking lot and regulating the use thereof;
12. The City would have the right to specifically designate five (5) days during each calendar
year that the City would have the guaranteed right to the exclusive use of the lot. Such
dates could not be during what is generally referred to as “Masters Week”. Such time
period would be identified as commencing the Thursday, one week before the first date of
the Masters Golf Tournament and ending on Tuesday following the completion of the
Tournament. The parties recognize that event space may be reserved and rented up to a
year in advance. The parties agree that the City can reserve any or all of its five (5) days
of exclusive use (subject to the Masters Week exception) with a one (1) year notice.
Requests by the City to reserve a date with less than a year’s notice will be honored by
Developer if the facility has not been previously rented for the dates requested;
13. During times when smaller events are taking place at Developer ’s facility, which would
require a portion of the parking lot, but not all, the excess parking would be available to
the general public;
14. General maintenance, referring to the maintaining of the parking lot surface, landscaping,
striping, etc. shall be the responsibility of Developer;
15. General cleaning, removal of debris, etc. from the lot would be the responsibility of
Developer, when the lot has been used for an event at Developer ’s facility;
16. The City would be responsible for general cleaning, removal of debris, etc. from the
parking lot when it has been used for a specific City event at Boech Park, or otherwise
exclusively used by the City;
17. The parties agree that in the event that Developer sells its property subject to this
Agreement, the City will honor its terms with any subsequent purchaser provided the terms
of this Agreement have been disclosed to and accepted by such purchaser in writing and
further upon condition that the property is continued to be used as a publicly rented event
space.
EXHIBIT A ATTACHMENT #8 Page 4 of 5
PAGE 4 OF 4
Developer and the City agree to the following rules related to the utilization of the parking lot:
1. No overnight parking shall be allowed, except when approved by Developer for parties
using the facility overnight.
2. Developer and the City would have the right to close the parking lot and restrict access
thereto to the general public commencing four (4) hours before an event begins for
which the parking lot is being used.
This Agreement is subject to approval by the Mayor and City Council with an appropriate
lease form agreement.
_________________________________ SABAL DESIGNS LIMITED COMPANY
WITNESS 1
_____________________________
_________________________________ BY: NICHOLAS A. NEWSOME
WITNESS 2 AS ITS: _______________________
____________________________________
__________________________________ IRA Innovations, LLC fbo William Lance Jones IRA
WITNESS 1 BY: WILLIAM LANCE JONES
ITS:__________________________
__________________________________
Witness 2
_________________________________ City of North Augusta
WITNESS 1
______________________________
_________________________________ BY: JAMES S. CLIFFORD
WITNESS 2 CITY ADMINISTRATOR
EXHIBIT A ATTACHMENT #8 Page 5 of 5
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