110325 Council Mtg Mins Adopted
Page 1 of 6
MINUTES OF NOVEMBER 3, 2025
Briton S. Williams, Mayor
Kevin W. Toole, Councilmember - Mayor Pro Tem
Dennis C. Briatico, Councilmember
David B. Buck, Councilmember
Pat C. Carpenter, Councilmember
John M. Felak, Councilmember
Robert L. Freitas, 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 November 3, 2025 Public Power Hour began at 5:30pm.
Members present were Mayor Williams, Councilmembers Briatico, Buck, Felak, and Freitas.
Members absent were Councilmembers Carpenter and Toole.
Also, in attendance were Ricky Jones, Manager of Information Technology and Jamie Paul, City Clerk.
1. Aimee Hanna, Aiken Senior Life Services, presented on Meals on Wheels in North Augusta and
displayed a video from Mayor Williams. (See Attachment PPH#1)
Video Link:
• https://vimeo.com/reviews/95b9814b-0ba7-4a9c-afde-7325cc1c8232/videos/1124872632
The Public Power Hour concluded at 5:50pm.
Page 2 of 6
REGULAR MEETING
The Regular meeting of the City Council of the City of North Augusta of November 3, 2025 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 of North
Augusta Public Information” on www.YouTube.com. 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 Briatico, Buck, Felak, and Freitas.
Member absent were Councilmembers Carpenter and Toole.
Also in attendance were James S. Clifford, City Administrator; Chief Junior Johnson, Public Safety; Lynda
Williamson, Director of Finance; Jamie Paul, City Clerk; and Ricky Jones, Manager of Information
Technology.
ITEM 4. APPROVAL OF MINUTES:
The minutes of the City Council Meeting of October 20, 2025 and Study Session minutes of October 27,
2025, were approved as submitted by general consent.
OLD BUSINESS
ITEM 5. FINANCE: Ordinance No. 2025-21 Adopting a Budget for Fiscal Year 2026 Containing Estimates
of Proposed Revenues and Expenditures by the City of North Augusta, South Carolina, for the Budget
Year Beginning January 1, 2026, and Declaring that Same Shall Constitute the Budget of the City of North
Augusta for Such Budget Year – Second Reading
Administrator Clifford stated item numbers 5 through 9 are linked and highlighted on the balanced budget
for Fiscal Year 2026. He noted that the first two ordinances pertain to the City’s General Fund and the
remaining three ordinances pertain to the Enterprise Funds and highlight on each ordinance.
Discussion ensued relative to the Riverfront Central Core Redevelopment Fund and Debt Service for
Riverside Village; specifically, on how funds are spent within the fund.
It was moved by Councilmember Buck, seconded by Councilmember Freitas, to approve Ordinance No.
2025-21 Adopting a Budget for Fiscal Year 2026 Containing Estimates of Proposed Revenues and
Expenditures by the City of North Augusta, South Carolina, for the Budget Year Beginning January 1, 2026,
and Declaring that Same Shall Constitute the Budget of the City of North Augusta for Such Budget Year –
Second Reading. Unanimously Approved. (See Attachment #5)
Page 3 of 6
ITEM 6. FINANCE: Ordinance No. 2025-22 Levying the Annual Tax on Property in the City of North
Augusta, South Carolina, for the Fiscal Year Beginning January 1, 2026, and Ending December 31, 2026
– Second Reading
No public comment.
It was moved by Councilmember Briatico, seconded by Councilmember Buck, to approve Ordinance No.
2025-22 Levying the Annual Tax on Property in the City of North Augusta, South Carolina, for the Fiscal
Year Beginning January 1, 2026, and Ending December 31, 2026 – Second Reading. Unanimously
Approved. (See Attachment #15)
ITEM 7. FINANCE: Ordinance No. 2025-23 Establishing Water Service Charges by Revising Section 14-
25, Titled "Water Rate Schedule–Generally," of the City Code of the City of North Augusta, South
Carolina – Second Reading
No public comment.
It was moved by Councilmember Felak, seconded by Councilmember Freitas, to approve Ordinance No.
2025-23 Establishing Water Service Charges by Revising Section 14-25, Titled "Water Rate Schedule–
Generally," of the City Code of the City of North Augusta, South Carolina – Second Reading. Unanimously
Approved. (See Attachment #7)
ITEM 8. FINANCE: Ordinance No. 2025-24 Establishing Wastewater Service Charges by Revising Section
14-68, Titled "Schedule of Monthly Wastewater Service Charge," of the City Code of the City of North
Augusta, South Carolina – Second Reading
No public comment.
It was moved by Councilmember Freitas, seconded by Councilmember Buck, to approve Ordinance No.
2025-24 Establishing Wastewater Service Charges by Revising Section 14-68, Titled "Schedule of Monthly
Wastewater Service Charge," of the City Code of the City of North Augusta, South Carolina – Second
Reading. Unanimously Approved. (See Attachment #8)
ITEM 9. FINANCE: Ordinance No. 2025-25 Amending Article IV, Section 14-123 Titled “Sanitation
Services Fees” of the City Code of the City of North Augusta, South Carolina – Second Reading
No public comment.
It was moved by Councilmember Buck, seconded by Councilmember Briatico, to approve Ordinance No.
2025-25 Amending Article IV, Section 14-123 Titled “Sanitation Services Fees” of the City Code of the City
of North Augusta, South Carolina – Second Reading. Unanimously Approved. (See Attachment #9)
ITEM 10. ADMINISTRATION: Ordinance No. 2025-26 Designating a High Enforcement Tow-Away Zone
in Riverside Village – Second Reading
No public comment.
Administrator Clifford clarified that signage would be placed prior to implementation; potentially the first
quarter of the year.
Page 4 of 6
Discussion ensued relative to the towing companies and it was confirmed that there would be a separate
tow company which would go through the procurement process.
It was moved by Councilmember Buck, seconded by Councilmember Briatico, to approve Ordinance No.
2025-26 Designating a High Enforcement Tow-Away Zone in Riverside Village – Second Reading.
Unanimously Approved. (See Attachment #10)
ITEM 11. ADMINISTRATION: Ordinance No. 2025-27 Revoking Section 10-2 of the Current Code of Laws
for the City of North Augusta and Replacing such Section in its Entirety. Specifically, the Amendment
will Change the General Election Date for the City to Correspond to the Federal General Election Date –
Second Reading
No public comment.
Administrator Clifford highlighted on the background of changing the election date to correspond to the
federal general election date.
Councilmember Briatico spoke on moving the council from partisan to non-partisan and highlighted on
why.
It was moved by Councilmember Freitas, seconded by Councilmember Briatico, to approve Ordinance No.
2025-27 Revoking Section 10-2 of the Current Code of Laws for the City of North Augusta and Replacing
such Section in its Entirety. Specifically, the Amendment will Change the General Election Date for the
City to Correspond to the Federal General Election Date – Second Reading. Unanimously Approved. (See
Attachment #11)
NEW BUSINESS
ITEM 12. PLANNING & DEVELOPMENT: Ordinance No. 2025-28 To Change the Corporate Limits of the
City of North Augusta by Accepting the Petition Requesting Annexation by the Landowners and
Annexing ± 67.45 Acres of Property Located on Hammond Pond Road and Owned by William F.
Hammond – First Reading
No public comment.
Administrator Clifford highlighted on the 67.45 acres of property that the landowners are requesting to
annex into the City and noted that the land is a hole that is surrounded by the City. He not at the property
is an R14 zoning and is less of an impact on utilities. And stated that the Planning Commission recommends
approval.
It was moved by Councilmember Felak, seconded by Councilmember Freitas, to approve Ordinance No.
2025-28 To Change the Corporate Limits of the City of North Augusta by Accepting the Petition Requesting
Annexation by the Landowners and Annexing ± 67.45 Acres of Property Located on Hammond Pond Road
and Owned by William F. Hammond – First Reading. Vote: 3 – 2 with Nays from Councilmembers Briatico
and Buck. Approved. (See Attachment #12)
ITEM 13. ADMINISTRATION: Ordinance No. 2025-29 Authorizing the City of North Augusta to Grant a
Nonexclusive Franchise Agreement with Lumos Fiber of South Carolina, LLC – First Reading
No public comment.
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Administrator Clifford stated that the nonexclusive franchise agreement provides additional
telecommunications providers to the residents which includes a range of options and greater connectivity.
It was moved by Councilmember Buck, seconded by Councilmember Briatico, to approve Ordinance No.
2025-29 Authorizing the City of North Augusta to Grant a Nonexclusive Franchise Agreement with Lumos
Fiber of South Carolina, LLC – First Reading. Unanimously Approved. (See Attachment #13)
ITEM 14. PLANNING & DEVELOPMENT: Resolution No. 2025-35 Accepting a Deed of Dedication for the
Streets, Sanitary Sewer, Stormwater Collection and Fire Suppression Systems, and Associated
Easements and Rights of Way, along with a Maintenance Guarantee and Letter of Credit, for Forrest
Bluff, Section 2
No public comment.
It was moved by Councilmember Buck, seconded by Councilmember Freitas, to approve Resolution No.
2025-35 Accepting a Deed of Dedication for the Streets, Sanitary Sewer, Stormwater Collection and Fire
Suppression Systems, and Associated Easements and Rights of Way, along with a Maintenance Guarantee
and Letter of Credit, for Forrest Bluff, Section 2. Unanimously Approved. (See Attachment #14)
ITEM 15. PLANNING & DEVELOPMENT: Resolution No. 2025-36 Accepting a Deed of Dedication for the
Streets, Sanitary Sewer, Stormwater Collection and Fire Suppression Systems, Detention Pond, and
Associated Easements and Rights of Way, along with a Maintenance Guarantee and Letter of Credit, for
Martintown Ridge
No public comment.
It was moved by Councilmember Freitas, seconded by Councilmember Buck, to approve Resolution No.
2025-36 Accepting a Deed of Dedication for the Streets, Sanitary Sewer, Stormwater Collection and Fire
Suppression Systems, Detention Pond, and Associated Easements and Rights of Way, along with a
Maintenance Guarantee and Letter of Credit, for Martintown Ridge. Unanimously Approved. (See
Attachment #15)
ITEM 16. BOARDS & COMMISSION: Appointment to Municipal Election Commission – Recommendation
by Mayor
No public comment.
Mayor Williams recommended Randy Parks to the Municipal Election Commission and highlighted on his
background for this appointment.
It was moved by Councilmember Buck, seconded by Councilmember Felak, to approve the Mayor’s
recommendation of the appointment of Randy Parks to the Municipal Election Commission. Unanimously
Approved.
ITEM 17. ADMINISTRATIVE REPORTS
No report.
ATTACHMENT PPH#1 Page 1 of 7
North Augusta-over 36,000 meals delivered & served in 2024 –
Value about $360,000
•5 Dining Halls throughout Aiken County
Holy Trinity Lutheran Church in North Augusta
•Meals on Wheels
•hot meals 5 day/wk.
•North Augusta 8 routes
ATTACHMENT PPH#1 Page 2 of 7
Feb-Sept 22,000+ meals shortfall
Qualified 35,500 meals
Funded 13,100 meals
Deficit 22,400 meals
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
July 24 - Jan
25
Feb Mar Apr May June July Aug Sept
MO
W
/
M
o
n
t
h
Meals on Wheels
funding by month
6,600
Meals on Wheels funding was dramatically
cut by 22,000 meals or $229,000
Go Fund
Me
CSRA
Foundation
“Adopt
A Senior”
Aiken
County
Legislative
Delegation
ATTACHMENT PPH#1 Page 3 of 7
Ensure no North Augusta
senior goes hungry!
A $1,000,000 reserve to offset uncertain
government funding
•$750,000 donations from Aiken
•$250,000 donations from North Augusta
•No Meals on Wheels are cut
•Wait List seniors are fed
SOLUTION
ATTACHMENT PPH#1 Page 4 of 7
“North Augusta Strong”
$250,000 Plan
Meals on Wheels
•Move 20 North Augustans from wait list
to active status
North Augusta Congregate Dining
•Increase from 3 to 5 days/wk
•Increase seniors fed from 12 to 20/day
ATTACHMENT PPH#1 Page 5 of 7
North Augusta Aiken County Percent
Estimated 2025 Population 26,800 177,525 15%
2024 Meals Provided 36,000 88,194 41%
2024 Transportation trips 30,690 65,456 47%
Private Donations thru 9/25 $6,752 $564,391 1%
City Government Donations
Current FY $0 $20,000 0%
All Hands on Deck Goal $250,000 $1,000,000 25%
ATTACHMENT PPH#1 Page 6 of 7
•Campaign Goal: $1,000,000
•100% Leadership signed pledges-ASLS
Board, AHOD Campaign Committee, and ASLS full time
staff (30+)
•Nearly $300,000
•Aiken weekend pledges $200,000
•Aiken day 1 total $500,000=50%
Unprecedented
Support!
ATTACHMENT PPH#1 Page 7 of 7
ORDINANCE NO. 2025-21
ADOPTING A BUDGET FOR FISCAL YEAR 2026
CONTAINING ESTIMATES OF PROPOSED REVENUES AND EXPENDITURES
BY THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,
FOR THE BUDGET YEAR BEGINNING JANUARY 1, 2026,
AND DECLARING THAT SAME SHALL CONSTITUTE THE BUDGET
OF THE CITY OF NORTH AUGUSTA FOR SUCH BUDGET YEAR
WHEREAS, in accordance with the Laws of South Carolina, and the Ordinance of the City
of North Augusta, the City Administrator must prepare and submit to the City Council a Balanced Budget
for the next budget year to begin on January 1, 2026, and end on December 31, 2026; and
WHEREAS, a public hearing has been held on said budget, as required by law.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND
BY THE AUTHORITY THEREOF, THAT:
Section I. The City Council hereby adopts the 2026 Fiscal Year Budget, incorporated by
reference as though it were set out herein in its entirety, for the conduct of the
business of the municipal government of North Augusta for the budget year,
January 1, 2026, to December 31, 2026.
Section II. The transfer of budgeted amounts between functional areas of expenditures or
expenses shall be approved by City Council; however, transfers of budgeted line
items within the functional areas of expenditures or expenses not to exceed $5,000,
may be approved by the City Administrator as long as total expenditures or
expenses do not exceed appropriations in the functional area. Management can
also over expend appropriations, with the City Administrator’s approval, at the line
item and department level, as long as the total expenditures or expenses do not
exceed appropriations of the functional area. Functional areas are: General
Government; Public Safety; Public Works; Parks, Recreation, and Tourism;
Sanitation Services; Stormwater Utility; and Water and Wastewater.
Section III. The Mayor or City Administrator may authorize the expenditure of an amount not
to exceed $500 at any one time from the Council Contingencies Account without
prior approval of the City Council provided that any such expenditure is reported
in the minutes of the next Council meeting.
Section IV. The City Council must approve expenditures from the following funds Sales Tax
IV, Accommodation Tax Fund, Fireman’s Fund, Street Improvement Fund,
Riverfront Central Core Redevelopment Fund, Tax Increment Financing Fund,
Transportation Improvement Fund, Capital Projects Fund, North Augusta Public
Facilities Corporation Fund, Depreciation Fund, Contingent Fund, Utility
Construction Fund, Savannah Bluff Lock and Dam Fund, ARPA/SLFRF Fund,
ATTACHMENT #5 Page 1 of 2
and the Savannah River Settlement Act Fund unless otherwise previously
budgeted.
Section V. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
Section VI. 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 NOVEMBER, 2025.
First Reading
Briton Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #5 Page 2 of 2
ORDINANCE NO. 2025-22
LEVYING THE ANNUAL TAX ON PROPERTY
IN THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,
FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2026,
AND ENDING DECEMBER 31, 2026
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE
AUTHORITY THEREOF, THAT:
Section I. The annual tax for the fiscal year (budget year) 2026, beginning January 1, 2026,
and ending December 31, 2026, is hereby imposed and levied for general corporate
purposes upon all the taxable property of the City of North Augusta.
Section II. The period for which the tax levy is due on all taxable property, except for
motorized vehicles, shall be from January 1, 2025, to December 31, 2025.
Section III. The period for which the tax levy is due for all motorized vehicles which are
required to be licensed by Section 53-3-110, Code of Laws of South Carolina, shall
be from January 1, 2026, to December 31, 2026.
Section IV. The tax levy imposed upon all taxable property shall be 75.70 mills to the General
Fund and 3.80 mills to the Capital Projects Fund for a total tax levy of 79.50 mills.
Section V. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
Section VI. This Ordinance shall become effective January 1, 2026.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF NOVEMBER, 2025.
First Reading
Briton Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #6 Page 1 of 1
ORDINANCE NO. 2025-23
ESTABLISHING WATER SERVICE CHARGES BY REVISING
SECTION 14-25, TITLED "WATER RATE SCHEDULE–GENERALLY,"
OF THE CITY CODE OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA
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. Section 14-25, titled "Water Rate Schedule–Generally," is hereby amended and
when amended shall read as follows:
Section 14-25. Water rate schedule–Generally.
The schedule to be utilized for the computation of monthly charges for water
service is as follows: All meters are to be read and bills rendered in one-hundred
gallon increments:
(1) Minimum monthly water charges:
Inside/ Operation
Outside Debt and Total Minimum
Size (inches) City Service + Maintenance = Minimum Usage
5/8" x 3/4" In $ 3.90 + $ 9.98 = $ 13.88 3,000
Out 5.85 + 21.91 = 27.76 3,000
1" In 3.90 + 15.49 = 19.39 6,000
Out 5.85 + 32.83 = 38.68 6,000
1 1/2" In 3.90 + 20.65 = 24.55 9,000
Out 5.85 + 43.04 = 48.89 9,000
2" In 3.90 + 31.08 = 34.98 15,000
Out 5.85 + 63.71 = 69.56 15,000
3" In 3.90 + 46.89 = 50.79 24,000
Out 5.85 + 95.00 = 100.85 24,000
4" In 3.90 + 57.42 = 61.32 30,000
Out 5.85 + 115.87 = 121.72 30,000
6" In 3.90 + 162.85 = 166.75 90,000
Out 5.85 + 324.64 = 330.49 90,000
ATTACHMENT #7 Page 1 of 3
(2) Monthly rates for usage above minimum:
Charge/
Gallons Inside/ Operation 1,000
Over Outside Debt and Over
Minimum City Service + Maintenance = Minimum
Next 10,000 In $.15 + $ 1.80 = $ 1.95
Out .30 + 3.60 = 3.90
Next 27,000 In .15 + 1.75 = 1.90
Out .30 + 3.50 = 3.80
Next 160,000 In .15 + 1.70 = 1.85
Out .30 + 3.40 = 3.70
All Additional In .15 + 1.60 = 1.75
Out .30 + 3.20 = 3.50
(3) Wholesale Customers (Any customer who purchases water for resale to the
general public.)
Usage up to 10,640,000 gallons/month $14,044 minimum
All over 10,640,000 gallons/month 1.39/1,000 gallons
(4) Rates for multi-family complex:
For purposes of this section, each dwelling unit within a multi-family or
apartment complex shall be considered a single customer and treated as a
single-family dwelling when computing the minimum charge in subsection
(1) without regard to the method by which its water is metered. When
computing rates for usage above minimum, the rates shown in subsection (2)
shall be on a per-meter basis.
(5) Rates for multi-commercial complex:
For purposes of this section, a commercial customer shall be defined as a
business or industry having a separate business license, occupying separate
spaces, and having separate sanitary facilities when computing the minimum
charge in subsection (1) without regard to the method by which its water is
metered. When computing rates for usage above minimum, the rates shown
in subsection (2) shall be on a per-meter basis.
ATTACHMENT #7 Page 2 of 3
II. This Ordinance shall become effective immediately upon its adoption on second
and final reading for all bills rendered on or after January 1, 2026 without regard to
when the water was consumed or the meter read.
III. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
NOVEMBER, 2025.
First Reading___________________
Briton S. Williams, Mayor
Second Reading__________________
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #7 Page 3 of 3
ORDINANCE NO. 2025-24
ESTABLISHING WASTEWATER SERVICE CHARGES
BY REVISING SECTION 14-68, TITLED
"SCHEDULE OF MONTHLY WASTEWATER SERVICE CHARGE,"
OF THE CITY CODE OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA
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. Section 14-68, titled "Schedule of Monthly Wastewater Service Charge," is hereby amended and
when amended shall read as follows:
Sec. 14-68. Schedule of monthly wastewater service charge.
The schedule to be utilized for the computation of monthly charges for wastewater service is as
follows:
(1) Each residential or commercial customer of the city's system, whether inside or outside the
city, must pay such customer's proportionate share of the costs for operation and
maintenance of the system. In addition, each customer of the city's sanitary wastewater
system must pay an amount to share the costs of debt service and to provide for special
reserve funds. The operation and maintenance, debt service, and special reserve funds shall
be paid on a monthly basis as follows:
a. Rates for the first 15,000,000 gallons/month:
Inside City Outside City
Base + Per
1,000
Gallons
Base + Per
1,000
Gallons
Operation and maintenance $8.69 $4.40 $ 9.69 $4.44
Debt Service 2.53 0.90 5.06 1.52
Monthly Charges $11.22 $5.30 $14.75 $5.96
ATTACHMENT #8 Page 1 of 2
b. Rates for additional usage:
Inside City Outside City
Per
1,000
Gallons
Per
1,000
Gallons
Operation and maintenance $2.85 $2.85
Debt Service 0.73 0.73
Monthly Charges $3.58 $3.58
(2) All charges for wastewater service are to be made in one-hundred (100) gallon increments.
(3) Six (6) months following the date of availability of wastewater service, or at such time as
a customer actually connects to the City’s wastewater system, whichever event occurs first,
the wastewater service charges as set forth herein shall be due and payable.
(4) Customers who have service available but who have not connected to the system shall be
charged the minimum base monthly service rate for inside City and outside City customers
as shown in Section 14-68(1)a above.
II. This Ordinance shall become effective immediately upon its adoption on second and final reading
for all bills rendered on or after January 1, 2026.
III. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby
repealed.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _________ DAY OF NOVEMBER, 2025.
First Reading:
Briton S. Williams, Mayor
Second Reading:
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #8 Page 2 of 2
ORDINANCE NO. 2025-25
AMENDING ARTICLE IV, SECTION 14-123
TITLED “SANITATION SERVICES FEES”
OF THE CITY CODE OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA
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. Article IV, Section 14-123, titled "Sanitation Fees" is hereby amended and when amended
shall read as follows:
ARTICLE IV. SANITATION SERVICE
Section 14-123. Sanitation Services fees.
A. Residential services:
There is hereby imposed upon each home, residence, apartment unit, or dwelling unit
within the City, a charge for sanitation services to include garbage collection, trash
collection, health services, and street sweeping. A sanitation services fee shall also
be charged any residential customer located outside the City who receives sanitation
services from the City.
For purposes of this section, each dwelling unit within a multi-family or apartment
complex, duplex, etc. shall be considered a single customer and treated as a single-
family dwelling without regard to the method of collection. The City reserves the
right to determine the method of collection and type of containers to be used for
residential customers.
(1) Fees - Residential Roll Carts:
Residential services where the principal use is for living, home, residence,
apartment unit, dwelling unit and service is provided by roll carts:
Inside City limits, per month $24.44
Outside City limits, per month $34.41
For each additional roll cart provided by the City, there shall be a charge equal
to 25% of the fee for a single cart.
ATTACHMENT #9 Page 1 of 4
(2) Fees - Removal of Roll Carts from Curb by City Personnel:
Notwithstanding any other provisions contained herein, if roll carts are left on
the street in violation of this Code and City representatives remove the roll
carts from the street to a location in compliance with City Code.
$5.00 for each removal.
(3) Fees – Electronics Disposal Fee:
Fees for disposing of electronic waste shall be $25 per item disposed.
B. Commercial services:
There is hereby imposed upon each place of business, industry, or other commercial
premises within the City, a charge for sanitation services to include garbage
collection, trash collection, animal control, health services, and street sweeping. A
sanitation services fee shall also be charged any commercial customer located
outside the City who receives sanitation services from the City.
For purposes of this section, a commercial customer is a business or industry having
a separate business license and occupying separate spaces.
(1) Fees - Commercial service with residential roll carts.
Pickups under this subsection shall not exceed six (6) 100 gallon (or
equivalent) residential roll carts per pickup and shall not exceed one (1) pickup
per week.
Per 100 Gal.
Roll Cart
Inside City limits, per month $24.44
Outside City limits, per month $34.41
ATTACHMENT #9 Page 2 of 4
(2) Fees - Commercial service with City supplied front-end loading bulk
containers containing non-compacted waste.
Pickups under this subsection may be scheduled for Monday through Saturday.
The size of container, frequency, and schedule of pickups shall be subject to
the approval of the City. Fees shall be based upon the size of containers and
frequency of pickups as follows:
CONTAINER
SIZE
BASE
FEE
INSIDE
CITY
OUTSIDE
CITY
2 cu. yd. $51.64 + 3.26/cu. yd. or 4.61/cu. yd.
3 cu. yd. $54.05 + 3.26/cu. yd. or 4.61/cu. yd.
4 cu. yd. $56.44 + 3.26/cu. yd. or 4.61/cu. yd.
6 cu. yd. $61.73 + 3.26/cu. yd. or 4.61/cu. yd.
8 cu. yd. $67.54 + 3.26/cu. yd. or 4.61/cu. yd.
C. Special service for residential or commercial customers:
When special bulk or compacted wastes are collected by the City through a procedure
or method not provided for above and out of the ordinary collection procedures, the
City may charge rates commensurate with the work and equipment involved.
D. Special landfill charges:
Fees for disposing of automobile, truck, or tractor tires and special
handling/packaging waste shall be equal to the fees charged by Aiken County plus
15% for handling.
II. This Ordinance shall become effective immediately upon its adoption on second and final
reading for all bills rendered on or after January 1, 2026.
III. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
ATTACHMENT #9 Page 3 of 4
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF NOVEMBER, 2025.
First Reading___________________
Briton S. Williams, Mayor
Second Reading__________________
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #9 Page 4 of 4
ORDINANCE NO. 2025-26
DESIGNATING A HIGH ENFORCEMENT TOW-AWAY ZONE
IN RIVERSIDE VILLAGE
WHEREAS, vehicles parked without authorization, in violation of posted restrictions, or
in an illegal manner within Riverside Village create traffic hazards, obstruct emergency access,
and disrupt commerce; and
WHEREAS, the City Council finds that the safe, orderly, and efficient use of parking in
Riverside Village is necessary to protect public safety, maintain traffic flow, and support the
businesses, residents, and visitors of the city; and
WHEREAS, the City Council desires to establish a High Enforcement Tow-Away Zone
within Riverside Village to ensure compliance with parking regulations through enhanced
enforcement, including towing of vehicles when necessary; and
WHEREAS, South Carolina law, including S.C. Code Ann. Title 56, provides authority for
municipalities to regulate parking, towing, and impoundment within their jurisdictions.
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. DESIGNATION OF ZONE
Riverside Village, as depicted on the map attached hereto as Exhibit A, is hereby designated a
High Enforcement Tow-Away Zone.
II. PARKING RESTRICTIONS
Parking within the Zone shall be permitted only in areas specifically designated and marked as
parking spaces. Any vehicle parked outside of a designated space, blocking access, or
otherwise in violation of posted restrictions may be cited and towed at the expense of the
owner.
III. SIGNAGE
The City shall install and maintain signage at all entrances and key points within the Zone, in
compliance with South Carolina law, including S.C. Code Ann. § 56-5-5630. Such signage
shall include:
A. Identification of the area as a High Enforcement Tow-Away Zone;
B. A statement that parking is only permitted in designated areas; and
C. Contact information for the Authorized Towing Provider, including a 24-hour
telephone number for vehicle recovery.
IV. AUTHORIZED TOWING SERVICES
The City shall contract with a qualified Authorized Towing Provider through a competitive
process. The provider shall, under the supervision of the Department of Public Safety:
A. Tow vehicles in violation, as directed by the City;
ATTACHMENT #10 Page 1 of 4
B. Document violations with photographs and written reports;
C. Tow and store vehicles in compliance with South Carolina law and this Ordinance;
D. Store vehicles only in a secure impound facility located within the State of South
Carolina, and within a reasonable distance of the Zone, not to exceed five (5) miles
from the corporate limits of the City of North Augusta;
E. Communicate immediately with the North Augusta Department of Public Safety when
a vehicle has been towed, so that stolen or missing vehicle inquiries can be quickly
resolved.
V. FEES AND CHARGES
Towing and storage fees shall be paid by the vehicle owner or operator directly to the
Authorized Towing Provider. Fees shall not exceed the maximum rates permitted under South
Carolina law or the limits set forth in the City’s towing contract.
VI. NOTIFICATION
The Authorized Towing Provider shall make reasonable efforts to notify the registered owner
of the vehicle as soon as practicable after impoundment.
VII. ENFORCEMENT
This Ordinance shall be enforced by the Department of Public Safety and other City officials
designated by the City Administrator. Violations of this Ordinance shall be subject to citation,
towing, payment of fees, and any applicable penalties under the North Augusta Municipal
Code.
VIII. EXCEPTIONS
The following vehicles are exempt from towing under this Ordinance, unless such vehicle
poses an immediate safety hazard:
A. Emergency vehicles;
B. Authorized City vehicles on official business;
C. Vehicles with valid City-issued permits for restricted areas.
IX. SEVERABILITY
If any section, clause, or provision of this Ordinance is declared invalid or unenforceable by a
court of competent jurisdiction, such declaration shall not affect the validity of the remaining
portions.
X. REPEAL OF CONFLICTING ORDINANCES
All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict,
hereby repealed.
XI. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption on second and final reading
and after the installation of required signage.
ATTACHMENT #10 Page 2 of 4
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF NOVEMBER,
2025.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #10 Page 3 of 4
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Proposed Towing Enforcement Areafor Riverside Village and Center Street ²
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EXHIBIT - A ATTACHMENT #10 Page 4 of 4
ORDINANCE NO. 2025-27
AN ORDINANCE REVOKING SECTION 10-2 OF THE CURRENT CODE OF
LAWS FOR THE CITY OF NORTH AUGUSTA AND REPLACING SUCH
SECTION IN ITS ENTIRETY.
SPECIFICALLY, THE AMENDMENT WILL CHANGE THE GENERAL
ELECTION DATE FOR THE CITY TO CORRESPOND TO THE FEDERAL
GENERAL ELECTION DATE.
WHEREAS, Title 10-2 of the current City Code for the City of North Augusta provides
for the general election for the City to be held the last Tuesday in April; and
WHEREAS, Holding the City election at a date different than the Federal General
Elections results in additional cost and expense to the City for such election; and
WHEREAS, The belief of Council is that conducting the City election on the same date as
the Federal election would result in greater voter participation; and
WHEREAS, Council has determined that it would be in the best interest of the citizens of
North Augusta that this change be made.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
North Augusta, South Carolina, in a meeting duly assembled and by the authority thereof, that:
1. The existing Section 10-2 entitled Election Dates as contained in the Code of
Ordinances for the City of North Augusta is deleted in its entirety.
2. That the following will be substituted for the existing 10-2 and will be as
follows:
Section 10-2-Election Date:
All general elections for the election of Mayor and members of the City Council
shall be held on the first Tuesday following the first Monday in November in
even numbered years, or at such times as further set by Ordinance. Special
elections shall be conducted in accordance with State Law. Any runoff
elections necessary in regard to General or Special Elections shall be held two
(2) weeks following the date of the original election. Subsequent runoff
elections will be held at two (2) week intervals.
ATTACHMENT #11 Page 1 of 2
3. All other Ordinances or parts of other Ordinances in conflict herewith are to
the extent of such conflict, hereby repealed.
4. 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 NOVEMBER,
2025.
First Reading___________________
Briton S. Williams, Mayor
Second Reading__________________
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #11 Page 2 of 2
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ORDINANCE NO. 2025-28
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS
AND ANNEXING ± 67.45 ACRES OF PROPERTY LOCATED
ON HAMMOND POND ROAD AND OWNED BY WILLIAM F. HAMMOND
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, have reviewed the
petition of the landowners requesting that their property be annexed into the City and determined
that such Petition should be accepted and the property annexed into the City; and
WHEREAS, the property is situated within the area of the North Augusta 2021
Comprehensive Plan and recommended for Residential use by that plan as specified in the Land
Use Element.
WHEREAS, the annexation request and zoning classification has been reviewed by the
Planning Commission which has recommended annexation of the property with + 67.45 acres to
be zoned R-14, Single Family Large Lot.
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 Petition of the landowners is accepted and the following described property
shall be annexed into the City of North Augusta:
All that tract, parcel or lot of land with any improvements thereon, situate, lying,
and being in the County of Aiken, South Carolina and shown on that certain Plat
prepared by Joe L. Grant for F. B. Hammond, dated March 8, 1958, recorded in
Plat Book 45, page 133, in the Office of the Register of Deeds for Aiken County,
South Carolina. For a more complete and accurate description , reference should be
made to the aforesaid plat which is made a part and parcel hereof.
Being the same property conveyed to F.B. Hammond by Title dated march 24,
1945, recorded in Book 55, page 268, in the Office of the Register of Deeds for
Aiken County, South Carolina
ATTACHMENT #12 Page 1 of 3
Tax Map & Parcel No.: 002-12-01-001
The property to be annexed is also shown on a map identified as “Exhibit A” titled
“Map of Property Sought to be Annexed to the City of North Augusta” prepared by
the City of North Augusta.
II. The zoning classification shall be +67.45 acres as R-14, Single Family Large Lot
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 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 NOVMEBER,
2025.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #12 Page 2 of 3
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Path: C:\Users\lreese\Documents\ArcGIS\Projects\Big Pine-Hammond Pond Rd\Big Pine-Hammond Pond Rd.aprx
ANX25-002
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA ±
H A M MO NDP O N D
SA V A NN A H BARONY
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EXHIBIT A
Outside City
Inside City
TPN 002-12-01-001
Approximately 67.45 acres
ATTACHMENT #12 Page 3 of 3
Department of Planning
and Development
Project Staff Report
ANX25-002 Big Pine II
Prepared by: La’Stacia Clark
Meeting Date: September 17, 2025
Page 1 of 4
SECTION 1: ANNEXATION REQUEST SUMMARY
Address/Location Hammond Pond Rd.
Parcel Numbers 002-12-01-001
Total Development Size ± 67.45 acres
Zoning Requested R-14, Large Lot, Single-Family Residential
Future Land Use Residential Single-Family
SECTION 2: PLANNING COMMISSION CONSIDERATION
Wil Kacos, the applicant, has requested to annex parcel 002-12-01-001, approximately 67.45
acres, located at Hammond Pond in Aiken County. The request is for the parcel to be zoned R-14,
Large Lot, Single-Family Residential at the time of annexation.
NADC Additional Reviews
4.7 Annexation – All territory which may hereafter be granted or annexed to the City of North
Augusta shall be classified automatically in the R-14 District, except that at the time the
application for annexation is filed the applicant my request a zoning classification that is similar
to surrounding zoning and in accord with the city’s Comprehensive Plan. Proposed annexations
where the requested zoning is inconsistent with the Land Use Element of the Comprehensive
Plan or differs from zoning on adjacent properties shall be reviewed by the Planning Commission
in accordance with Article 18, Administration and Enforcement. The Planning Commission shall
recommend to the City Council the appropriate zoning for the property to be annexed,
modification to the Land Use Element of the Comprehensive Plan, or both.
The Planning Commission is being asked to make a recommendation concerning the
annexation of this property and the zoning classification of this property prior to annexation.
The subject parcel Future Land Use is Residential Single-Family.
ATTACHMENT #12 - P&D Information Page 1 of 15
Project Staff Report
ANX25-002 Big Pine II
Prepared by: La’Stacia Clark
Meeting Date: September 17, 2025
Page 2 of 4
SECTION 3: EXISTING SITE CONDITIONS
Existing Land Use Future
Land Use
Zoning
Subject
Parcel
Vacant Residential
Single-Family
RC, Residential Single-Family
Conservation District (Aiken County)
North Church/Critical
Area
Public R-14, Large Lot, Single-Family
Residential/CR, Critical Area
South Single-Family
Residential
Residential
Single-Family
R-10, Medium Lot, Single-Family
Residential
East Single-Family
Residential
Residential
Single-Family
RC, Residential Single-Family
Conservation District (Aiken County)
West Single-Family
Residential
Residential
Single-Family
R-14, Large Lot, Single-Family
Residential
SECTION 4: STAFF EVALUATION AND ANALYSIS
The parcel proposed for annexation currently is heavily wooded with road frontage from
Hammond Pond Rd that borders the established neighborhood The Rapids and the proposed
neighborhood Wrenfield at Chanticleer. The parcel has a pond on the southeastern portion of
the property. The applicant has requested the R-14, Large Lot, Single-Family Residential zoning
district at the time of annexation. The Planning Commission is being asked to make a
recommendation regarding the annexation request and the compatibility of the zoning
classification of this property prior to annexation.
The R-14, Large Lot, Single-Family Residential zoning district is described as the following:
4.12.1 R-14, Large Lot Single-Family Residential District – The purpose of this district is to
recognize and promote the character of particular areas in North Augusta where single-family
residential development is the predominant living environment. Changing patterns of work and
home environments also create incentives to view the single-family dwelling as a place of work
and residential living activities. for a variety of single-family housing types on small lots to meet
market demands for smaller lot developments. It is also the intent of this district to balance
higher densities with common open space.
ATTACHMENT #12 - P&D Information Page 2 of 15
Project Staff Report
ANX25-002 Big Pine II
Prepared by: La’Stacia Clark
Meeting Date: September 17, 2025
Page 3 of 4
The following uses are allowed in an R-14 zoning district per NADC 5.1 Use Matrix:
Primary Uses:
• Accessory Dwelling
• Bus Shelter
• Storage of Construction Equipment, Outdoor, Incidental to Construction Activities
• Single-Family Detached Dwelling
• Tourist Home
• Place of Assembly, Small
• Swimming Pool
• Cemetery
• Primary or Secondary School
• Essential Public Services
Accessory Uses
• Studio for Creative or Expressive Art
• Parking, Structured
• Parking, Surface
• Home Occupations
Conditional Uses
• Child/Adult Care Home
• Farmers and Produce Markets
• Food Trucks
• Home Occupation
• Real Estate Sales and Construction Offices and Equipment Sheds
• Marina
• Telecommunications, Small Cell
Special Exception Uses:
• Home Occupation
• Bed and Breakfast
• Private Non-profit Clubs and Organizations
• Energy Generation, Small Scale
• Telecommunication Tower and Antennae
• Agriculture, Excluding Livestock
ATTACHMENT #12 - P&D Information Page 3 of 15
Project Staff Report
ANX25-002 Big Pine II
Prepared by: La’Stacia Clark
Meeting Date: September 17, 2025
Page 4 of 4
Section 6.2 of the Comprehensive Plan promotes providing a more varied housing stock to attract
and retain a more diverse population, especially in downtown and near employment centers.
Section 6.2.2 of the Comprehensive Plan encourages revising the zoning ordinance and map to
incentivize a variety of housing types at higher densities. This is further supported by Section
4.2.4 to support the priorities and principles of the Aiken, Edgefield, and Saluda Counties
Economic Development Partnership by providing housing in an area that is expanding with new
industries.
Based on these descriptions and similarly zoned properties within the city limits, staff believes
allowing R-14, Small Lot, Single Family Residential zoning is appropriate for the property.
SECTION 5: ATTACHMENTS
Exhibit A Map
Exhibit B Map
Application Documents
cc Wil Kacos/Jordan Trotter, via Email
ATTACHMENT #12 - P&D Information Page 4 of 15
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ANX25-002
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA ±
H A M MO NDP O N D
SA V A NN A H BARONY
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EXHIBIT A
Outside City
Inside City
TPN 002-12-01-001
Approximately 67.45 acres
ATTACHMENT #12 - P&D Information Page 5 of 15
MARTI
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ANX25-002
R-14, LARGE LOT, SINGLE-FAMILY RESIDENTIAL
SOUGHT TO BY ANNEXED
TO THE CITY OF NORTH AUGUSTA
0 330 660 990 1,320165
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EXHIBIT B
Outside City Limits
TPN 002-12-01-001
R-14, Large Lot, Single-Family Residential
ATTACHMENT #12 - P&D Information Page 6 of 15
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ORDINANCE NO. 2025-29
AN ORDINANCE AUTHORIZING THE CITY OF NORTH AUGUSTA TO GRANT A
NONEXCLUSIVE FRANCHISE AGREEMENT WITH LUMOS FIBER OF SOUTH
CAROLINA, LLC
WHEREAS, Lumos Fiber of South Carolina, LLC, a South Carolina limited liability
company, (hereinafter “Lumos” or “Grantee”), has requested that the City of North Augusta, a
South Carolina municipal corporation (hereinafter “City” or “Grantor”) grant to said company a
new nonexclusive franchise agreement related to its use and occupancy of the streets and public
rights-of-way of the municipality for the construction, installation, maintenance, and operation of
its telecommunications network facilities; and
WHEREAS, Grantee is a limited liability company duly organized and existing under the
laws of South Carolina; and
WHEREAS, Grantee desires to use and occupy the streets and Public Rights-of-Way (as
hereinafter defined) located within the City for the purposes of constructing, installing, and
maintaining network facilities for Telecommunications Services within and through the City; and
WHEREAS, the City has the authority to grant franchises and other authorizations for the
use and occupancy of the streets and Public Rights-of-Way; and
WHEREAS, the City is agreeable to allowing Grantee to use the streets and Public Rights-
of-Way, subject to the terms and conditions hereinafter set forth and subject to any lawful
telecommunications regulatory ordinance that may be adopted by the City in the future; and
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:
1. The City hereby grants to Lumos Fiber of South Carolina, LLC a nonexclusive franchise to
use and occupy the Public Rights-of-Way within the City for the construction, installation,
operation, maintenance, repair, and replacement of network facilities to provide
Telecommunications Services, as set forth in the Franchise Agreement attached hereto and
incorporated herein by reference as “Exhibit A”.
2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict,
hereby repealed.
3. This Ordinance shall become effective immediately upon its adoption on second and final
reading.
4. The City Administrator is authorized to execute any documents necessary to complete the
granting of this franchise agreement.
ATTACHMENT #13 Page 1 of 17
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF NOVEMBER,
2025.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #13 Page 2 of 17
NONEXCLUSIVE FRANCHISE AGREEMENT WITH LUMOS FIBER
OF SOUTH CAROLINA, LLC
This Nonexclusive Franchise Agreement (hereinafter “Agreement”) is made and entered
into as of this __ day of ________________, 2025 (“Effective Date”), by and between the City of
North Augusta, a South Carolina municipal corporation (hereinafter “City” or “Grantor”) and
Lumos Fiber of South Carolina, LLC, a South Carolina limited liability company, (hereinafter
“Lumos” or “Grantee”), having its principal office at 4100 Mendenhall Oaks Pkwy., Suite 300,
High Point, NC 27265.
Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the City
hereby grants to Grantee the non-exclusive right to construct, install, maintain, locate, move,
operate, place, protect, reconstruct, reinstall, relocate, remove, and replace fiber optic or other
cable and related facilities for the provision of Telecommunications Service in the Public Streets
and Public Rights-of-Way in the City. Grantee shall be solely responsible for obtaining any
required consents from State agencies or private parties to the extent that its operations affect
State or private property.
(b) Grantee acknowledges that this grant of authority is for the benefit of Grantee
only, and that Grantee is not authorized to lease, sublease, assign or otherwise allow other
providers to use or occupy the Public Rights-of-Way except in accordance with provisions of this
Agreement.
(c) Grantee acknowledges that, to the extent allowed by Commonwealth and Federal
law, the City has the authority to adopt ordinances regulating the use of the Public Rights-of-Way,
so long as such ordinances apply equally to all certificated providers of Telecommunications
Services and are related to using the Public Streets and Public Rights-of-Way in the City. Grantee
agrees to be bound by all such future lawful ordinances so long as it operates telecommunication
services or has property or equipment within the Public Streets or rights-of-way located in the
City.
(d) This Agreement is not a grant by the City of any fee simple or other property
interest except as expressly contemplated by this Agreement and is made subject and subordinate
to the prior and continuing right of the City to use the Public Streets and Public Rights-of-Way
occupied by Grantee for the purpose of laying, installing, maintaining, repairing, protecting,
replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other
equipment for municipal uses and with the right of ingress and egress, along, above, over, across
and in said Public Streets and Public Rights-of-Way.
(e) This Agreement shall be in full force and effect from and after the date of its
approval by the City Council governing body; provided, however, that notwithstanding such
approval, this Agreement shall not become effective until all required bonds, certificates of
insurance and other instruments required by this Agreement have been filed with, and accepted
and approved by the City, which acceptance and approval shall not be unreasonably delayed,
conditioned, or withheld.
Exhibit A ATTACHMENT #13 Page 3 of 17
Section 2. Definitions. For the purpose of this Agreement, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings, unless
the context of the sentence in which they are used shall indicate otherwise:
“City” means the City of North Augusta, South Carolina, and where appropriate to the
context, its officers, agents, employees, and volunteers.
“City Attorney” means the City Attorney or his designee.
“City Council” means the City Council of the City.
“City Engineer” means the City Engineer or his designee.
“City Property” means and includes all real property owned by the City, including all
property held in a proprietary capacity by the City.
“Conduit” means any materials, such as metal or plastic pipe, that protects wire, cable,
lines, fiber optic cable, or other technology for the provision of Telecommunications Service.
“Duct” means a pipe, tube, channel, or similar item for carrying wires, lines, cables, fiber
optic cable, or other technology for the provision of Telecommunications Service.
“Mayor” means the Mayor or their designee.
“Public Streets”, “Public Rights-of-Way” or “public ways” include the surface of, and
the space above and below, any public street, road, highway, avenue, sidewalk, way, bridge,
viaduct, alley or other public right-of-way, including unimproved surfaces, now or hereafter held
by the City for the purpose of public travel, communications, alarm, street lighting, power
distribution, water or sewer service or other public use, whether present or future, to the extent of
the City's right, title, interest or authority to grant a franchise to occupy and use such streets and
easements for the purpose of providing Telecommunications Services.
“Public Works” or “Public Improvements” include, without limitation, the construction,
realignment, paving or repaving, or other work on any public street or public right-of-way, change
of grade or alignment of any public street or public right-of-way, the construction or
reconstruction of any water, sanitary sewer, storm sewer, force main, drainage or communications
facility of the City.
“Telecommunications Facilities” means the plant, equipment, and property, including, but
not limited to, the poles, pipes, mains, Conduits, Ducts, fiber optic and other cables, circuits, and
wires, and any other equipment and property used by Grantee to provide Telecommunications
Service.
“Telecommunications Service” means the providing or offering for rent, sale, or lease, or in
exchange for other value received, the transmittal of signals, including but not limited to, voice,
data, image, graphic or video or other programming information, except cable television service,
between or among points by wire, lines, cable, fiber optics, circuits, laser or infrared, microwave,
radio, satellite, or other Telecommunications Facilities, but not including cable television service.
Exhibit A ATTACHMENT #13 Page 4 of 17
Section 3. Term of Agreement, Termination.
3.1 The term of this Agreement shall be for a term of twenty years, commencing on
the Effective Date (“Term”). Upon termination of this Agreement as herein provided, and unless
the parties are in active good faith negotiation of a new franchise agreement, Grantee shall be
prohibited from further access to the Public Rights-of-Way in the City.
3.2 The City may terminate this License Agreement and the License granted herein
for any of the following reasons:
a. Failure to cure a breach of this Agreement or noncompliance with the City’s
right-of-way policy after receipt of written notice and a thirty (30) day cure
period; or
b. Lumos’s physical presence or presence of Lumos’s Telecommunications
Facilities on, over, above, along, upon, under, across, or within the Public
Streets present a direct or imminent threat to the public health, safety, or
welfare;
c. Lumos’s failure to construct the Telecommunications Facilities substantially in
accordance with the permit and approved plans; or
d. Failure to provide the required traffic control; and to respond to requests from
the City to correct such deficiencies within a reasonable time frame.
Upon termination of this Agreement for any reason, Lumos shall, within one
hundred and eighty (180) days of written notice from the City, remove its
Telecommunications Facilities from all Public Streets and restore all Public Streets as
required herein other than any Telecommunications Facilities which the City may permit
to be abandoned in place.
Lumos may terminate one or more of the Telecommunications Facility locations
pursuant to this Agreement by giving at least thirty (30) days’ written notice. Lumos may
terminate this Agreement in its entirety at its convenience on one hundred eighty (180)
days’ written notice to the City. Lumos will not be subject to any penalty or fee for
terminating such Telecommunications Facilities location prior to the end of the term of
this Agreement.
Section 4. Compliance with Applicable Law. Grantee shall at all times during the term
of this Agreement comply with all applicable federal, commonwealth, and local laws, ordinances,
and regulations. Expressly reserved to the City is the right to adopt, in addition to the provisions
of this Agreement and existing laws, such additional ordinances and regulations as are necessary
for the lawful exercise of its police power for the benefit and safety of the public.
Section 5. Construction; Location or Relocation of Facilities. All Grantee facilities
shall be constructed, installed, and located according to the terms and conditions contained herein,
unless otherwise specified by the City.
Exhibit A ATTACHMENT #13 Page 5 of 17
5.1. Grantee shall obtain all required permits for the construction or installation of its
facilities as required in this Agreement, provided, however, that nothing in this Agreement shall
prohibit the City and Grantee from agreeing to an alternative plan to review permit and
construction procedures, provided such alternative procedures provide substantially equivalent
safeguards for responsible construction practices.
5.2. In the performance and exercise of its rights and obligations under this
Agreement, Grantee shall not interfere in any manner with the existence and operation of any
public street and public or private right-of-way, sanitary sewer, water line, storm drain gas main,
pole, overhead or underground electric and telephone wires, television cables, Public Works,
facilities of other telecommunication providers, or City Property, through Grantee’s actions or
inaction that are unrelated to Grantee’s construction activities without the prior approval of the
City.
5.3. Except as may be expressly provided herein, nothing in this Agreement shall be
construed to abrogate or limit the right of the City to perform any Public Works or Public
Improvements. If any facilities of Grantee interfere with the construction, operation, maintenance,
repair or removal of such Public Works or Public Improvements, within one hundred and eighty
(180) days after written notice by the City (or such other period of time as may be agreed upon in
writing by the City and Grantee), Grantee shall, at its own expense protect, alter, remove or
relocate facilities, as directed by the Mayor or City Engineer. If Grantee fails to so protect, alter,
remove, or relocate equipment within such period, the City may break through, remove, alter, or
relocate the facilities of Grantee without any liability to City, and Grantee shall pay to the City the
costs incurred in connection with such breaking through, removal, alteration, or relocation.
Grantee shall also reimburse the City for or bear any additional cost actually incurred by the City
as a result of Grantee’s failure to comply with the City’s request to protect, alter or remove
equipment under this Agreement. The City may collect such costs, and any reasonable expenses
and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action
in any court of competent jurisdiction or exercising the City’s rights to draw on bonds or in any
other lawful manner, individually or in combination.
5.4. The City retains the right and privilege to cut or move any Telecommunications
Facilities located within the public ways or other areas of the City as the City may determine to be
necessary and appropriate in response to any life-threatening emergency. The City will endeavor
to provide prior notice to Grantee of such emergencies which may impact its Telecommunications
Facilities. If City is unable to provide prior notice of the life-threatening emergency as described
above, City shall notify Grantee within twenty-four (24) hours of the occurrence of such
emergency.
5.5. The facilities of Grantee shall be located so as not to interfere with public safety
or, to the extent possible, with the convenience of persons using the Public Streets or rights-of-
way. Grantee shall construct, maintain, and locate its Telecommunications Facilities so as not to
interfere with the construction, location and maintenance of sewer, water, drainage, electrical,
signal, and fiber optic facilities of the City.
5.6. The City shall have the right to specifically designate the location of the facilities
of Grantee with reference to sewer and water mains, drainage facilities, fiber optic cable, signal
poles and lines and similar services, other facilities, such as public telephone utilities, public
Exhibit A ATTACHMENT #13 Page 6 of 17
electric utilities, cable television facilities, and railway, communication, and power lines, in such
a manner as to protect the public safety and public and private property. Failure by the City to
designate the location of Grantee’s facilities shall not relieve Grantee of its responsibilities in
matters of public safety, as provided in this Agreement.
5.7. Except in the cases of emergencies, Grantee shall not move, alter, change, or
extend any of its Telecommunications Facilities in any public street or public right-of-way unless
prior written notice of its intention to do so is given to the Mayor and permission in writing to do
so is granted, or such requirement is waived, by the Mayor. The Mayor shall either approve or
deny Grantee’s request to relocate its facilities within five (5) days of receipt of Grantee’s request.
Such permission shall not be unreasonably withheld by the Mayor and shall be conditioned upon
compliance with the terms and conditions of this Agreement, with such other terms and
conditions as will preserve, protect and promote the safety of the public using the public ways,
and as will prevent undue interference with or obstruction of the use of the public ways by the
public, the City or by any other public utility, public service corporation or cable operator for
their respective purposes and functions. Such work by Grantee shall also be coordinated with the
City's annual paving program through the Office of the City Engineer.
5.8. Grantee shall not open, disturb or obstruct, at any time, any more of the Public
Streets or Public Rights-of-Way than is reasonably necessary to enable it to proceed in laying or
repairing its Telecommunications Facilities. Grantee shall not permit any public street or public
right-of-way so opened, disturbed, or obstructed by it to remain open, disturbed, or obstructed for
a longer period of time than shall be reasonably necessary. In all cases where any public street or
public right-of-way is excavated, disturbed, or obstructed by Grantee, Grantee shall take all
precautions necessary or proper for the protection of the public and shall maintain adequate
warning signs, barricades, signals, and other devices necessary or proper to adequately give
notice, protection, and warning to, the public of the existence of all actual conditions present.
5.9. After the installation, removal, relocation, construction, or maintenance of the
fiber optic or other cable and related facilities is completed, Grantee shall, at its own cost, repair
and return the Public Streets or Public Rights-of-Way to a minimum of the same or similar
condition existing before such installation, removal, relocation, construction, or maintenance, in a
manner as may be reasonably specified by the City and to the reasonable satisfaction of the City.
Grantee shall be responsible for repairing damage to City street pavements, existing utilities,
curbs, gutters, and sidewalks due to Grantee’s installation, construction, maintenance, repair, or
removal of its Telecommunications Facilities in the Public Streets, Public Rights-of-Way, and
shall repair, replace, and restore in kind, the said damaged property at its sole expense. Upon
failure of Grantee to repair, replace and restore said damaged property, in a manner as may be
reasonably specified by the City and to the reasonable satisfaction of the City, after sixty (60)
days’ notice in writing shall have been given by the City, the City may cause such necessary
repairs to be made and may collect the costs incurred from Grantee, including but not limited to,
exercising the City’s rights to draw on bonds. The City may collect such costs, and any expenses
and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing an
action in any court of competent jurisdiction or in any manner allowed by law.
5.10. Neither Grantee, nor any person acting on Grantee’s behalf, shall take any action
or permit any action to be done which may impair or damage any City Property more than is
reasonably necessary to enable it to install or repair its Telecommunications Facilities, including,
Exhibit A ATTACHMENT #13 Page 7 of 17
but not limited to, any public street, public right-of-way or other property located in, on or
adjacent thereto.
5.11. In the event of an unexpected repair or emergency, Grantee may commence such
repair and emergency response work as required under the circumstances, provided Grantee shall
notify the City as promptly as possible, before such repair or emergency work is started or as soon
thereafter as possible if advance notice is not practicable.
5.12. Grantee shall maintain its facilities in good and safe condition and in a manner
that complies with all applicable federal, state and local requirements, laws, ordinances, and
regulations.
5.13. Grantee shall at all times employ a high standard of care and shall install and
maintain and use approved methods and devices for preventing failure or accidents which are
likely to cause damages, injuries, or nuisances to the public.
5.14. Grantee shall obtain all required permits from the City and any other
governmental entity having jurisdiction prior to commencing work of any nature and shall comply
with all terms and conditions of any such permit. Grantee shall furnish detailed plans of the work
and other required information prior to issuance of a permit. Grantee shall comply with all
applicable ordinances and permitting requirements.
A single permit may be issued for multiple excavations to be made in Public Streets and
rights-of-way. Exceptions to the requirement for a written permit may be allowed in cases of
emergencies involving public safety or restoration of service. In the case of emergency
excavations made in a public street or public right-of-way without a permit, Grantee shall make a
report of each such excavation to the City within two (2) working days. Any permit application
and inspection related to repair of excavations shall be promptly acted upon by the City so as not
to unreasonably delay Grantee in efficiently discharging its public service obligation and in any
event shall be granted or denied within thirty (30) days from submission and, if denied,
accompanied by a written explanation of the reasons the permit was denied and the actions
required to cure the denial.
5.15. (a) Promptly after installation, repair or extension of the Telecommunications
Facilities or any portion thereof or any pavement cut by Grantee in any public way of the City, the
incidental trenches or excavations shall be refilled by Grantee in a manner acceptable to the
Mayor. Pavement, sidewalks, curbs, gutters or any other portions of public ways damaged,
disturbed or destroyed by such work shall be promptly restored and replaced with like materials to
their former condition by Grantee at its own expense; however, where it is necessary, and if
authorized by the City, in order to achieve the former conditions, Grantee shall use materials
whose type, specification and quantities exceed or are different from those used in the installation,
then Grantee at its own expense shall provide such different materials. Where a cut or disturbance
is made in a section of sidewalk or paving, rather than replacing only the area actually cut,
Grantee shall replace the full width of the existing sidewalk or appropriate sections of paving as
determined by the City Engineer and the full length of the section or sections cut, a section being
defined as that area marked by expansion joints or scoring or as determined by the City Engineer.
Grantee shall maintain, repair, and keep in good condition for a period of one (1) year following
such disturbance all portions of public ways disturbed by Grantee, provided such maintenance
Exhibit A ATTACHMENT #13 Page 8 of 17
and repair shall be necessary because of defective workmanship or materials supplied by Grantee.
(b) All trees, landscaping and grounds removed, damaged, or disturbed as a result of
the construction, installation maintenance, repair or replacement of Telecommunications Facilities
shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to
performance of work.
5.16. (a) Grantee shall promptly remove or correct any obstruction, damage, or
defect in any public street or public right-of-way caused by Grantee in the installation, operation,
maintenance, or extension of Grantee’s Telecommunications Facilities. Any such obstruction,
damage, or defect which is not promptly removed, repaired, or corrected by Grantee after thirty
(30) days’ notice to do so, given by the City to Grantee, may be removed or corrected by the City,
and the cost thereof shall be charged against Grantee and payable within forty-five (45) days of
receipt of an invoice from the City. Any expense, cost, or damages incurred for repair, relocation,
or replacement to City water, sanitary sewer, storm sewer, storm drainage, telecommunication
facilities or other property resulting from construction or maintenance of Grantee
Telecommunications Facilities shall be borne by Grantee and any and all expense and cost
incurred in connection therewith by the City shall be fully reimbursed by Grantee to the City.
(b) If weather or other conditions do not permit the complete restoration required by
this Section, Grantee shall temporarily restore the affected property. Such temporary restoration
shall be at Grantee’s sole expense and Grantee shall only be required to make reasonable,
temporary restorations based on the conditions. Grantee shall promptly undertake and complete
the required permanent restoration when the weather or other conditions no longer prevent such
permanent restoration.
(c) Grantee or other person acting on its behalf shall use suitable barricades, flags,
flaggers, lights, flares and other measures as required for the safety of all members of the general
public and to prevent injury or damage to any person, vehicle or property by reason of such work
in or affecting such ways or property and shall comply with all federal, state, and local laws and
regulations, including, but not limited to, the flagging requirements of the South Carolina
Department of Transportation.
5.17. Except in the case of the City's negligence or intentional or willful misconduct,
the City, its officers, agents, or employees, shall not be liable for any damage to or loss of any of
Grantee’s Telecommunications Services or Telecommunications Facilities within the public ways
or any other areas of the City as a result of or in connection with any Public Works, Public
Improvements, construction, excavation, grading, filling, or work or activity or lack of any
activity of any kind by or on behalf of the City.
5.18. Grantee shall cooperate with the City in coordinating its construction activities as
follows:
(a) Grantee shall provide the City with a schedule of its proposed construction
activities prior to commencing any expansion of its backbone system;
(b) Upon request, Grantee shall meet with the City and other users of the
public ways to coordinate construction in the public ways; and
Exhibit A ATTACHMENT #13 Page 9 of 17
(c) All construction locations, activities and schedules shall be coordinated, as
directed by the City Engineer, to minimize public inconvenience, disruption, or damages.
Grantee shall submit a written construction schedule to the City Engineer at least ten (10)
working days before commencing any work in or about the Public Streets or Public
Rights-of-Way. Grantee shall further notify the City Engineer not less than five (5)
working days in advance of such excavation or work and shall comply with the provisions
of the South Carolina Underground Facilities Damage Prevention Act.
Section 6. Mapping. (a) Grantee shall maintain an accurate map of its
Telecommunications Facilities in the City. Grantee shall provide the City with “as built” drawings
and an accurate map or maps showing the location of its facilities, including pole lines and
Conduit lines and any other facilities requested by the City, to include a digitized map(s) in both
printed and electronic form. Grantee shall, upon request, provide updated maps annually of
Telecommunications Facilities in the City.
(b) Prior to its installation of any Telecommunications Facilities in the Public Streets
or Public Rights-of-Way and after Grantee provides the City with its proposed plans for the
Telecommunications Facilities, the City may in its reasonable discretion designate certain
locations to be excluded from use by Grantee for its Telecommunications Facilities, including, but
not limited to, ornamental or similar specially designed street lights or other facilities or locations
which, in the reasonable judgment of the City Engineer, do not have electrical service adequate
for or appropriate for Grantee’s facilities or cannot safely bear the weight or wind loading thereof,
or any other facility or location that in the reasonable judgment of the City Engineer is
incompatible with the proposed Telecommunications Facilities or would be rendered unsafe or
unstable by the installation. The City Engineer may further exclude certain other facilities that
have been designated or planned for other use or are not otherwise proprietary, legal, or other
limitations or restrictions as may be reasonably determined by the City. In the event such
exclusions conflict with reasonable requirements of Grantee, the City will cooperate in good faith
with Grantee to attempt to find suitable alternatives, if available, provided that the City shall not
be required to incur financial costs nor require the City to acquire new locations for Grantee.
Grantee shall, prior to any excavation or installation within the Public Streets or Public Rights-of-
Way, provide sufficient notification and joint installation opportunity on a shared cost basis to
potential users of the Public Streets or Public Rights-of-Way as may be provided for by a separate
City policy. Such notification and adopted policies shall be designed to maximize co-location of
providers to minimize the disturbance to the Public Streets or Public Rights-of-Way and
maximize its useable capacity.
Section 7. Insurance Requirements. At all times during the term of this Agreement and
any renewal period, Grantee shall, at its expense, maintain the following insurance policies. Any
required insurance shall be in a form and with an insurance company authorized to do business in
South Carolina and have a rating of no less than A- VII by A.M. Best Co.
(a) Commercial General Liability. Commercial General Liability insurance
coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense, or
liability from loss of life or damage or injury to persons or property arising out of any of the work
or activity under or by virtue of this Agreement. The minimum limit of liability for such coverage
shall be Two Million Dollars ($2,000,000) combined single limit for any one occurrence.
However, the parties acknowledge that Grantee may meet the policy limit in this Section by
Exhibit A ATTACHMENT #13 Page 10 of 17
combination of Grantee's General Commercial Liability Policy and Grantee's Umbrella or Excess
Liability Policy.
(b) Contractual Liability. Broad form Contractual Liability insurance, including the
indemnification obligations of Grantee set forth in this Agreement.
(c) Workers' Compensation. Workers' Compensation insurance covering Grantee’s
statutory obligation under the laws of South Carolina and Employer's Liability insurance for all its
employees engaged in work under this Agreement.
(d) Automobile Liability. Automobile Liability insurance having minimum limits of
liability of One Million Dollars ($1,000,000) combined single limit applicable to owned or non-
owned vehicles used in the performance of any work under this Agreement.
(e) Pollution Liability Insurance. Grantee shall maintain during the life of this
Agreement Pollution Liability Insurance in the amount of One Million Dollars ($1,000,000) for
each occurrence. Coverage shall be provided for bodily injury and property damage resulting
from pollutants which are discharged suddenly and accidentally. Such insurance shall also
provide coverage for cleanup costs.
(f) Umbrella Coverage. The insurance coverages and amounts set forth in this
Section may be met by an umbrella liability policy following the form of the underlying primary
coverage in a minimum amount of Five Million Dollars ($5,000,000).
(g) Prior to commencing construction pursuant to this Agreement or within ten (10)
days after the granting of the franchise contemplated by this Agreement, whichever is sooner,
Grantee shall provide the City with a memorandum certificate or certificates of insurance,
showing the type, amount, effective dates, and date of expiration of the policies, and thereafter
prior to the expiration of any such policy or change in the amount or conditions, of coverage.
Such certificate(s) and evidence of insurance shall include the City, its officers, agents, and
employees as additional insureds. Grantee shall obtain a written obligation on the part of each
insurance company to notify Grantee at least thirty (30) days before cancellation or a material
change of any such insurance. Upon receipt of such notice from Grantee's insurance company,
Grantee will immediately notify the City of any of the required coverages that are not replaced.
Grantee shall furnish the City with current certificate(s) of insurance evidencing such coverage
upon request.
Section 8. Surety. (a) Within ten (10) days after the Effective Date of this Agreement, and
prior to the commencement of any construction by Grantee, Grantee shall furnish and file with the
City an irrevocable bond, in a form and by a surety authorized to do business in South Carolina, in
the amount of Fifty Thousand Dollars ($50,000) securing its faithful performance of the terms and
conditions of this Agreement. Grantee shall maintain such bond for the duration of this Agreement,
unless otherwise agreed to in writing by the City. Failure to maintain the bond shall be deemed a
material default by Grantee of this Agreement.
The bond shall guarantee Grantee’s faithful performance of the terms and conditions
of this Agreement, including, but not limited to: (1) the timely completion of construction; (2)
compliance with applicable plans, permits, technical codes and standards; (3) proper location of the
Exhibit A ATTACHMENT #13 Page 11 of 17
facilities as specified by the City; (4) restoration of the public ways and other property affected by the
construction as required by this Agreement; (5) the submission of "as-built" drawings after
completion of the work as required by this Agreement; (6) timely payment and satisfaction of all
claims, demands or liens for labor, material or services provided in connection with the work; and (7)
the payment by Grantee of all lawful liens, taxes, damages, claims, costs or expenses which the City
has been compelled to pay or has incurred by reason of any act or default of Grantee under this
Agreement and all other payments due the City from Grantee pursuant to this Agreement.
(b) Whenever the City determines that Grantee has violated one (1) or more terms,
conditions, or provisions of this Agreement for which relief is available against the bond, a written
notice shall be given to Grantee. The written notice shall describe in reasonable detail the violation so
as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) days
subsequent to receipt of the notice in which to correct the violation before the City may make demand
upon the bond. Failure to maintain the bond shall be a martial default under this Agreement.
(c) Such bond shall be in addition to any performance, defect bond, or other surety required by
the City in connection with the issuance of any construction or any successor ordinance.
Section 9. Indemnification & Limitation of Liability. Grantee agrees to indemnify,
defend and hold harmless the City, its officers, employees and agents from and against all claims,
demands, losses, damages, liabilities, fines, and penalties, and all costs and expenses incurred in
connection therewith, including, without limitation, reasonable attorney’s fees and costs of
defense (collectively, the losses), arising out of any breach by Grantee of the terms and conditions
of this Agreement, except to the extent proximately caused by the negligence or willful
misconduct of the City, its officers, employees and agents. In addition, Grantee shall protect,
indemnify, and hold harmless the City, its officers, agents, and employees, from any and all
demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged
infringement or violation of any patent, invention, article, arrangement, or other apparatus that
may be used in the performance of any work or activity arising out of the use of any
Telecommunication Facilities or the provision of Telecommunication Service, except to the
extent proximately caused by the negligence or willful misconduct of the City, its officers,
employees or agents.
EXCEPT FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF A PARTY’S
INTELLECTUAL PROPERTY RIGHTS OR A PARTY’S CONFIDENTIAL INFORMATION
OR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER (1) IN NO EVENT WILL
GRANTEE BE LIABLE TO THE CITY FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND OR
NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS,
LOST REVENUES, LOST SAVINGS, OR HARM TO BUSINESS; (2) CITY HEREBY
RELEASES THE GRANTEE, ITS SUBSIDIARIES, PARENT COMPANIES AND
AFFILIATES, AND THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS,
MANAGERS, COUNCIL MEMBERS, EMPLOYEES, AND AGENTS, FROM ANY SUCH
CLAIM FOR SUCH TYPES OF DAMAGES; AND (3) IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF GRANTEE FOR ANY BREACH OF THIS AGREEMENT
EXCEED THE TOTAL COST OF CONSTRUCTION IN THE SIX (6) MONTHS
PRECEEDING THE DATE OF THE BREACH. IN PARTICULAR WITH RESPECT TO
CONSTRUCTION, GRANTEE’S ENTIRE LIABILITY FOR ANY DAMAGE CAUSED TO
Exhibit A ATTACHMENT #13 Page 12 of 17
THE CITY BY ANY CONSTRUCTION WORK PERFORMED BY OR FOR GRANTEE WILL
BE LIMITED TO THE COST OF REPAIRING PHYSICAL PROPERTY DAMAGE THAT
OCCURS AT THE SITE OF CONSTRUCTION. THE LIMITATIONS OF LIABILITY SET
FORTH IN THIS SECTION 9 ARE A FUNDAMENTAL BASIS OF THIS AGREEMENT,
AND EACH PARTY UNDERSTANDS AND AGREES THAT THE OTHER WOULD NOT
HAVE ENTERED INTO THIS AGREEMENT WITHTOUT THESE LIMITATIONS OF
LIABILITY.
Section 10. Fees. (a) In consideration of the grant of authority to utilize the streets and public
places of the City for the provision of Telecommunications Service, and in accordance with Applicable
Law and ordinances, GRANTEE shall pay such franchise fees, business license taxes, and
administrative fees as are presently permitted by Article 20 of Chapter 9 of Title 58 of the 1976 Code
of Laws of South Carolina, as enacted in 1999, and as may be enacted and imposed by the City.
GRANTEE shall also pay all such ad valorem taxes, service fees, sales taxes, or other taxes and fees as
may now or hereafter be lawfully imposed on other businesses within the City. Provided, however, that
in the event that Article 20 of Chapter 9 of Title 58 of the 1976 Code of Laws of South Carolina, as
enacted in 1999, or other laws governing franchise fees, business license taxes and/or other fees with
respect to Telecommunications Service shall be substantially modified by subsequent legislation or
court decision, the provisions herein contained shall be brought into conformity with the changes in the
Applicable Law by appropriate amendment to this ordinance. If the limitations on the amount of
franchise fees, administrative fees, and business license taxes on Telecommunications Service providers
presently contained in said statute shall be removed or modified, the City will be free, by amendment
to this ordinance, to impose such fair, reasonable, competitively neutral, and non-discriminatory fees
and taxes as may then be permitted by that statute or by such Applicable Law as may then govern;
GRANTEE will be free to challenge any fee structure not in compliance with Applicable Law.
(a) For the use of the Right of Way, as defined by S.C. Code Section 58-9-2230, to provide
Telecommunications Service, GRANTEE shall pay to the City a franchise fee in the amount of $500.00
per annum which fee is in lieu of any permit fee, encroachment fee, degradation fee, or other fee
assessed on a Telecommunications Service provider for use of the Right of Way to the extent required
by S.C. Code Section 58-9-2230. The initial franchise fee shall be paid to City on or before the effective
date, and thereafter on January 2 of each calendar year this Agreement remains in effect.
(b) Interest will be charged on any late payment at the maximum rate permitted under state
law, or if there is no such rate, the interest will be 1.5% per month a payment is late.
Section 11. General provisions. (a) Authority. Grantee warrants and represents that
it has obtained all necessary and appropriate authority and approval from all applicable federal and
state agencies or authorities to provide all Telecommunications Facilities and services it intends to
provide within the City, and upon request by the City will provide evidence of such authority.
(b) Other remedies. Nothing in this Agreement shall be construed as waiving or
limiting any rights or remedies that the City or Grantee may have, at law or in equity, for
enforcement of this Agreement.
(c) Severability. If any section, subsection, sentence, clause, phrase, or other portion
of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole
or in part by any court or agency of competent jurisdiction, said decision shall not affect the
validity of the remaining portions hereof.
Exhibit A ATTACHMENT #13 Page 13 of 17
(d) Nonenforcement. Neither party shall be excused from complying with any of the
provisions of this Agreement by any failure of the other party, upon any one or more occasions, to
insist upon strict performance of this Agreement or to seek the other party’s compliance with any
one or more of such terms or conditions of this Agreement.
(e) Conflicts of law. If there is a conflict between the provisions of this Agreement
and any law, whether federal, state, or City, including all future laws and ordinances, the law and
conflicting Agreement provision will, to the extent reasonably possible, be construed so as to be
consistent with each other and if such construction is not reasonably possible, the conflicting
provision of this Agreement shall be deemed superseded by such law and have no effect,
notwithstanding the contract clause of the United States Constitution.
(f) Controlling law and venue. By virtue of entering into this Agreement, Grantee
agrees and submits itself to a court of competent jurisdiction in the City, South Carolina or in the
United States District Court for the District of South Carolina, and further agrees that this
Agreement is controlled by the laws of South Carolina or any applicable federal laws and that all
claims, disputes and other matters shall be decided only by such court according to the laws of
South Carolina or any applicable federal laws or by any regulatory body with jurisdiction,
including the Federal Communications Commission.
(g) Captions. The section captions and headings in this Agreement are for
convenience and reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
(h) Nondiscrimination. During the performance of this Agreement, Grantee agrees
that it will not discriminate against any employee or applicant for employment on the basis of
race, religion, color, sex, handicap, or national origin. Grantee agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause. Grantee, in all solicitations or advertisements for employees
placed by or on behalf of Grantee, will state that Grantee is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule, or
regulation shall be deemed sufficient for the purpose of meeting the requirements herein.
(i) Notices. (a) Notices given pursuant to this Agreement shall be in writing and
addressed as follows:
To the City: City Administrator
100 Georgia Ave.
North Augusta, SC 29841
With a Copy to: City Attorney
100 Georgia Ave.
North Augusta, SC 29841
To Grantee: Chief Network Officer
4100 Mendenhall Oaks Parkway
Suite 300,
High Point, North Carolina 27265
Exhibit A ATTACHMENT #13 Page 14 of 17
With a Copy to: General Counsel
4100 Mendenhall Oaks Parkway
Suite 300,
High Point, North Carolina 27265
(b) Either party may change the address at which it will receive notices by providing
written notice of the change to the other party.
[Signatures on Following Page]
[Remainder of Page Intentionally Blank]
Exhibit A ATTACHMENT #13 Page 15 of 17
IN WITNESS WHEREOF, the parties have duly executed this Agreement.
LUMOS FIBER OF SOUTH CAROLINA, LLC
A limited liability company
By: _____________________________________
Name:___________________________________
Title:____________________________________
State of __________________
City/County of ________________, TO WIT;
The foregoing instrument was acknowledged before me this ______ day of
________________________, 2025, by _____________________________________as
_____________________________, of Lumos Fiber of South Carolina, LLC, a South Carolina
limited liability company.
_____________________________
Notary Public
My commission expires: ____________________
My registration number: ____________________
Exhibit A ATTACHMENT #13 Page 16 of 17
CITY OF NORTH AUGUSTA
a South Carolina municipal corporation
By: _______________________________
Name: _____________________________
Title: City Administrator
Date: ______________________________
ATTEST: ___________________________
_________________, City Clerk
SOUTH CAROLINA
CITY OF_______________________, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ____________,
2025, by _________________________________________, City Administrator/Authorized
Designee of the City Administrator of the City of North Augusta, on its behalf. He/She is
personally known to me.
_____________________________
Notary Public
My commission expires: ____________________
My registration number: ____________________
SOUTH CAROLINA
CITY OF_______________________, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ____________,
2025, by _____________________________________, City Clerk of the City of North Augusta,
on its behalf. He/She is personally known to me.
_____________________________
Notary Public
My commission expires: ____________________
My registration number: ____________________
Exhibit A ATTACHMENT #13 Page 17 of 17
RESOLUTION NO. 2025-35
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
SANITARY SEWER, STORMWATER COLLECTION AND FIRE SUPPRESSION
SYSTEMS, AND ASSOCIATED EASEMENTS AND RIGHTS OF WAY, ALONG WITH A
MAINTENANCE GUARANTEE AND LETTER OF CREDIT,
FOR FORREST BLUFF, SECTION 2
WHEREAS, McKie Property Development, LLC by Ivey Capital Partners II, LLC
developed Forrest Bluff, Section 2 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 September 30, 2025 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 tracts or parcels of land lying and being in Aiken County, South Carolina shown
and designated as “Anna Creek (50’ R/W)”; “Bobbye Drive (50’ R/W)”; “Parcel 10
Detention Pond”; Easement Nos. 1-13, on that plat dated June 18, 2025, prepared by H&C
Surveying, Inc., which plat is attached hereto as Exhibit “A” (the “Plat”). Reference is
made to said Plat which is incorporated herein and mad a part hereof for a more complete
and accurate description of the metes, bounds, courses, distances, dimensions and location
of said land.
Tax Parcel No: a portion of 006-11-03-164
BE IT FURTHER RESOLVED that a Maintenance Guarantee and letter of credit
in the amount of $297,885.38 are hereby accepted.
ATTACHMENT #14 Page 1 of 8
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF
NOVEMBER, 2025.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #14 Page 2 of 8
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RESOLUTION NO. 2025-36
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
SANITARY SEWER, STORMWATER COLLECTION AND FIRE SUPPRESSION
SYSTEMS, DETENTION POND, AND ASSOCIATED EASEMENTS AND RIGHTS OF
WAY, ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT,
FOR MARTINTOWN RIDGE
WHEREAS, Stanley Martin Homes developed Martintown Ridge 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 8, 2025 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
Edgefield, state of South Carolina, located in Martintown Ridge, to wit: General Drive and
Proper Court, along with the following systems incident to and servicing Martintown
Ridge: 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 Martintown Ridge by Stanley Martin Homes, dated June 26, 2025 recorded in Plat Book
2240, at page 1, in the Office of the RMC of Edgefield 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 as shown on
the aforesaid plat.
This property is conveyed subject to applicable easements, restrictions and/or protective
covenants of Record in said RMC Office.
Tax Map and Parcel: 106-00-00-041
ATTACHMENT #15 Page 1 of 2
BE IT FURTHER RESOLVED that a Maintenance Guarantee and cash deposit in the
amount of $173,000.00 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF
NOVEMBER, 2025.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #15 Page 2 of 2
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 1 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 2 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 3 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 4 of 23
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ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 15 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 16 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 17 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 18 of 23
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ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 20 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 21 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 22 of 23
ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 23 of 23
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