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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. Page 5 of 6 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 BLUFF G E O R G I A CE N T E R RAILROA D FRONT WEST LAF A Y E T T E MER I D I A N BRISSIE RIV E R S I D E ESP L A N A D E TAFT CLIFTON BRICK PO N D ANDREW S LAN D I N G CUM B E R L A N D AR R I N G T O N CEN T E R WES T Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Proposed Towing Enforcement Areafor Riverside Village and Center Street ² 0 150 30075 Feet Towing Enforcement Area TowEnforcementArea 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 AT T A C H M E N T #1 1 - Ad d i t i o n a l In f o r m a t i o n Pa g e 1 of 3 AT T A C H M E N T #1 1 - Ad d i t i o n a l In f o r m a t i o n Pa g e 2 of 3 AT T A C H M E N T #1 1 - Ad d i t i o n a l In f o r m a t i o n Pa g e 3 of 3 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 0 50 100 150 20025 Feet 9/9/2025 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 MART I NT O W N M A R TIN T O W N WA C CAM A W PLAN T A T I O N C ADEN RIV ER BL U F F RAPI D S SOUTHWOOD SOCASTEE S E T O N O L D PL A N TATION ER O N W ATE R OAK WI N Y A H W A L S H O S PREY G R E E N WOOD BIG PINE RA PIDS B L U E HER ON PLANTATION REAMS WAPOO WA N D O W I L D M EADE S H A WNEE BROOKGREEN RIV ERWIND 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 0 50 100 150 20025 Feet 9/9/2025 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 MART I NT O W N M A R TIN T O W N WA C CAM A W PLAN T A T I O N C ADEN RIV ER BL U F F RAPI D S SOUTHWOOD SOCASTEE S E T O N O L D PL A N TATION ER O N W ATE R OAK WI N Y A H W A L S H O S PREY G R E E N WOOD BIG PINE RA PIDS B L U E HER ON PLANTATION REAMS WAPOO WA N D O W I L D M EADE S H A WNEE BROOKGREEN RIV ERWIND 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 N TO W N M A R T I N T O W N BOLIN BROOK G RE EN W A C C A MAW SOCASTEE HAM MON D P O N D LEY LAND RI VERBLUFF RIV E R BLUF F SOUTHWOO D RAPI D S S E T O N PLANTATION WI N Y A H O L D P LA N TATI O N C R EEK V I EW B YR N E S W A L S H BYRN E S G R E E N W O O D BIG PINE R AP IDS B Y R N E S PLANTATION RAPID S SAV A N N A H BARONY B RO O KVIEW REAMS WAPOO WA N D O RIL E Y SHA W N E E R IVER W IND R-10 R-14 PD R-5OC CR R-7 P 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 Feet 9/9/2025 ± Path: C:\Users\lreese\Documents\ArcGIS\Projects\Big Pine-Hammond Pond Rd\Big Pine-Hammond Pond Rd.aprx 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 ATTACHMENT #12 - P&D Information Page 7 of 15 ATTACHMENT #12 - P&D Information Page 8 of 15 ATTACHMENT #12 - P&D Information Page 9 of 15 ATTACHMENT #12 - P&D Information Page 10 of 15 ATTACHMENT #12 - P&D Information Page 11 of 15 ATTACHMENT #12 - P&D Information Page 12 of 15 ATTACHMENT #12 - P&D Information Page 13 of 15 ATTACHMENT #12 - P&D Information Page 14 of 15 ATTACHMENT #12 - P&D Information Page 15 of 15 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 EX H I B I T A AT T A C H M E N T #1 4 Pa g e 3 of 8 EX H I B I T A AT T A C H M E N T #1 4 Pa g e 4 of 8 EX H I B I T A AT T A C H M E N T #1 4 Pa g e 5 of 8 EX H I B I T A AT T A C H M E N T #1 4 Pa g e 6 of 8 EX H I B I T A AT T A C H M E N T #1 4 Pa g e 7 of 8 EX H I B I T A AT T A C H M E N T #1 4 Pa g e 8 of 8 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 1 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 2 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 3 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 4 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 5 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 6 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 7 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 8 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 9 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 10 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 11 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 12 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 13 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 14 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 15 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 16 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 17 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 18 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 19 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 20 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 21 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 22 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 23 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 24 of 25 AT T A C H M E N T #1 4 - DO D & AD D T I O N A L IN F O R M A T I O N Pa g e 25 of 25 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 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 5 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 6 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 7 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 8 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 9 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 10 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 11 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 12 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 13 of 23 AT T A C H M E N T #1 5 - DO D & AD D I T I O N A L IN F O R M A T I O N Pa g e 14 of 23 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 ATTACHMENT #15 - DOD & ADDITIONAL INFORMATION Page 19 of 23 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 AT T A C H M E N T #1 8 B Pa g e 1 of 1