City of North Augusta

SOUTH CAROLINA

ORDER OF BUSINESS

The regular meeting of December 7, 1998, having been duly publicized, was called to order at 7:00 P. M. by Mayor Jones.

Mayor Jones rendered the invocation and led in the Pledge of Allegiance.

Members present were Mayor Jones and Councilmembers Baggott, Carpenter, McDowell, Mottel, Smith, and Sullivan.

Also in attendance were Charles B. Martin, City Administrator; Kelly F. Zier, City Attorney; J. Robert Brooks, Director of Leisure Services; George M. Grkovic, Director of Economic and Community Development; John P. Potter, Director of Finance; T. Lee Wetherington, Director of Public Safety; Thomas C. Zeaser, Director of Public Works; and Leona J. Lewis, City Clerk.

The minutes of the regular meeting of November 16 and special meeting and study session of November 30, 1998, were approved as presented by general consent.

ITEM 1. CITY COUNCIL: CALL FOR SPECIAL MEETING AND CANCEL REGULAR MEETING - MOTION BY COUNCIL.

On motion by Mayor Jones, second by Councilmember Baggott, Council unanimously voted to call a special meeting on December 14, 1998, and cancel the regular meeting scheduled for December 21, 1998. The purpose of the special meeting is to consider on third and final reading the ordinance establishing the dates for the 1999 Municipal election and any other matters before Council as listed on the printed agenda.

ITEM 2. ELECTIONS: 1999 MUNICIPAL ELECTION - ESTABLISHING DATES - ORDINANCE, FIRST READING.

On motion by Councilmember Mottel, second by Councilmember Baggott, Council unanimously passed on first reading an ordinance establishing the dates for the 1999 Municipal election for three members of City Council.

In accordance with Chapter 10 of the North Augusta City Code, the municipal election shall be held on the last Tuesday in April and shall be conducted pursuant to the State election law. Therefore, the municipal election date in 1999 for the election of three positions on City Council shall be Tuesday, April 27, 1999.

The time for entry of candidates into party primaries or conventions shall commence at 9:00 A. M., January 4, 1999, and shall end at 12:00 Noon, January 15, 1999. Entries shall be made to the chairperson of the respective parties.

Primary elections, if selected by a party, shall be held on February 9, 1999, with a run-off, if necessary, on February 23, 1999.

Conventions, if selected by a party, shall be held no later than February 9, 1999.

The deadline for filing nominating petitions to the Municipal Election Commission shall be 5:00 P. M., February 9, 1999.

The deadline for parties to certify candidates selected by primary or convention to the Municipal Election Commission shall be 12:00 Noon, February 25, 1999.

The certification of the candidates by petition, primary, or convention by the Municipal Election Commission shall be no later than 12:00 Noon, February 26, 1999.

Public notice of the election shall be give 60 days prior to the election (deadline is February 25, 1999).

ORDINANCE NO. 98-17

COMPLYING WITH SECTIONS 10-1 AND 10-2 OF THE

CODE OF LAWS OF NORTH AUGUSTA, SOUTH CAROLINA,

BY SETTING THE DATES FOR MUNICIPAL PARTY PRIMARIES, CONVENTIONS,

AND GENERAL ELECTION, TIMES FOR FILING OF NOMINATING PETITIONS,

CERTIFICATION OF CANDIDATES BY PARTIES, AND

CERTIFICATION OF CANDIDATES BY MUNICIPAL ELECTION COMMISSION

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 1999 Municipal General Election for Purposes of electing three members of City Council for the City of North Augusta, South Carolina, shall be Tuesday, April 27, 1999.

II. The filing and certification dates are hereby set for the 1999 Municipal Party Primaries and General Election as follows:

III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

IV. This Ordinance shall become effective immediately upon its adoption on third reading.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ________ DAY OF __________________, 1998.

ITEM 3. ELECTIONS: 1999 MUNICIPAL ELECTION - ESTABLISHING DATES - ORDINANCE, SECOND READING.

On motion by Mayor Jones, second by Councilmember Sullivan, Council unanimously passed on second reading an ordinance establishing the dates for the 1999 Municipal election for three members of City Council.

Please see item #2 above for the ordinance text.

ITEM 4. FINANCE: BUSINESS LICENSE - TELECOMMUNICATIONS - BELLSOUTH SUIT - RESOLUTION.

On motion by Councilmember Baggott, second by Councilmember Smith, Council unanimously adopted a resolution authorizing an agreement with BellSouth Telecommunications, Inc./BellSouth Carolinas, P.C.S., L.P. establishing the terms of payment of the business license or franchise fees during the pending suit.

The resolution text follows:

RESOLUTION NO. 98-24

AUTHORIZING AN AGREEMENT WITH

BELLSOUTH TELECOMMUNICATIONS, INC.

AND/OR BELLSOUTH CAROLINAS, P.C.S., L.P.

ESTABLISHING TERMS OF PAYMENT OF

BUSINESS LICENSE OR FRANCHISE FEES

BY BELLSOUTH TELECOMMUNICATIONS, INC.

AND/OR BELLSOUTH CAROLINAS, P.C.S., L.P.

WHEREAS, the City of North Augusta ("City") has enacted Ordinance No. 98-05 entitled "Amending Chapter 15, entitled ‘Occupational Licenses and Regulations’, Article I, entitled ‘In General’, Section 15-22, entitled ‘Classification Rate Schedules’, of the Code of Laws of North Augusta, South Carolina, and Authorizing an Agreement with Municipal Association of South Carolina to Collect Telecommunications Business License Taxes for the City of North Augusta"; and

WHEREAS, BellSouth Telecommunications, Inc., and BellSouth Carolinas, P.C.S., L.P. (also known as BellSouth Mobility) have instituted or are in the process of instituting lawsuits challenging the enforceability of the Ordinance, as follows:

1. BellSouth Telecommunications, Inc. v. City of Seneca in the United States District Court for the District of South Carolina, Anderson Division; and

2. BellSouth Carolinas, P.C.S., L.P. v. City of Anderson, South Carolina and Peggy Maxwell, Director of Finance, in the South Carolina Court of Common Pleas for Anderson County; Case #98-CP-04-1437; and

WHEREAS, BellSouth Telecommunications, BellSouth Carolinas, P.C.S., L.P. and the City wish to maintain during the pendancy of the aforesaid lawsuits, and during the pendancy of any additional lawsuits commenced pursuant to paragraph 6 below, the business license tax and franchise fee in the City, if any, as they were prior to the enactment of the aforesaid Ordinance.

NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of North Augusta in meeting duly assembled and by the authority thereof that the Mayor is hereby authorized to enter into an agreement with BellSouth Telecommunications, Inc. and BellSouth Carolinas, P.C.S., L.P. (also known as BellSouth Mobility) as follows:

1. In the event that either BellSouth Telecommunications, Inc. and/or BellSouth Carolinas, P.C.S., L.P. paid a business license tax to the City for calendar year 1997, the company or companies will continue to make such business license tax payments, if any during the term of the agreement.

2. In the event that BellSouth Telecommunications, Inc. had a franchise agreement with the City in 1997, BellSouth Telecommunications, Inc. will continue to make such franchise fee payments until the franchise agreement expires. Except as provided in paragraph 3 below, no additional franchise fee or business license tax payments will be required to be paid by BellSouth Telecommunications, Inc. for any period prior to the expiration of such franchise agreement regardless of the final decisions in the lawsuits identified in the preamble or commenced pursuant to paragraph 6 below. In the event the franchise agreement expires prior to the termination of this agreement, BellSouth Telecommunications, Inc. will continue to make payments to the City on the same terms as set forth in the franchise agreement until the termination of this agreement.

3. No payments made by BellSouth Telecommunications, Inc. and/or BellSouth Carolinas, P.C.S., L.P. during the term of this agreement shall be refunded by the City, regardless of the final decisions in the lawsuits identified in the preamble or commenced pursuant to paragraph 6 below. However, in the event that BellSouth Telecommunications, In. and/or BellSouth Carolinas, P.C.S., L.P. owe additional fees and/or taxes to the City when the final decisions have been rendered in the lawsuits identified in the preamble or commenced pursuant to paragraph 6 below, any payments made under section 1 and/or 2 above shall be credited against the total amount owed, should the City choose to assess such additional fees and/or taxes. Provided, however, that BellSouth Telecommunications, inc. and/or BellSouth Carolinas, P.C.S., L.P. shall pay only that portion of any additional fees and/or taxes to the City following the final decisions in the lawsuits identified in the preamble or commenced pursuant to paragraph 6 below as BellSouth Telecommunications, Inc. and/or BellSouth Carolinas, P.C.S., L.P. are permitted to directly pass through to their customers as a line item on their telephone bills.

4. During the term of this agreement, the City declares that the 5% penalty provision in the aforesaid Ordinance shall not be enforced. In the event that final decisions are not rendered in favor of BellSouth Telecommunications, Inc. and/or BellSouth Carolinas, P.C.S., L.P. in the aforesaid lawsuits, any additional taxes or fees due under the Ordinance shall be due on December 31 of the final year of this agreement.

5. The City will not attempt to assess or collect the 5% penalty for any period before December 31 of the final year of this agreement.

6. This agreement shall remain in effect until final decisions are rendered in the lawsuits identified in the preamble and any other suit or suits (if any) that BellSouth Telecommunications, Inc. and/or BellSouth Carolinas, P.C.S., L.P. (also known as BellSouth Mobility) may commence prior to June 1, 1999, that include all or some of the same issues raised in the aforesaid suits against the City of Seneca or City of Anderson. The terms of this agreement specifically include any and all appeals from the final decisions in the lawsuits identified in the preamble or that may be commenced pursuant to this paragraph.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 7TH DAY OF DECEMBER, 1998.

ITEM 5. PROPERTY: GEORGIA AVENUE & BLUFF AVENUE - PURCHASE - RESOLUTION.

On motion by Councilmember McDowell, second by Councilmember Baggott, Council unanimously adopted a resolution authorizing the purchase of .62 acres located in the Downtown Redevelopment District at the southwest corner of Georgia Avenue and Bluff Avenue for a purchase price of $86,000.00 in accordance with the Option to Purchase Real Estate.

The resolution text follows:

RESOLUTION NO. 98-25

AUTHORIZING THE PURCHASE OF 0.615± ACRES

LOCATED IN THE CITY’S DOWNTOWN REDEVELOPMENT DISTRICT

AT THE SOUTHWEST CORNER OF THE INTERSECTION

OF GEORGIA AVENUE AND BLUFF AVENUE

WHEREAS, through adoption of Resolution 91-06 on April 15, 1991, City Council established the North Augusta River Front Redevelopment District for the purpose of:

· facilitating the reduction of present and future blighted areas;

· providing a mechanism for the City to assemble properties to encourage the private and public investments in the development of the river front properties;

· preserving the natural assets of the river front in a manner harmonious with the environmental concerns of the community;

· expanding the City's efforts toward providing for the leisure time activities of the community;

· providing for the expansion of the City's tax base;

· assuring development compatible with and building upon the investments and efforts of the City of North Augusta; and

WHEREAS, through adoption of Ordinance No. 96-06, City Council adopted the Master Plan for the North Augusta Downtown and Riverfront Redevelopment Districts, with said plan to be used as guidance for the progressive and orderly development of the North Augusta Downtown and Riverfront Redevelopment Districts.

NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council in meeting duly assembled and by the authority thereof that the City Administrator is hereby authorized to purchase on behalf of the City the property described in Exhibit "A" attached hereto, and identified as tax parcel number 10-026-0.02-017, for a purchase price of $86,000 in accordance with the Option to Purchase Real Estate attached hereto as Exhibit "B".

BE IT FURTHER RESOLVED that the City Administrator shall be authorized to sign all documents and to otherwise execute the provisions of this resolution in strict conformance to the decisions of Mayor and City Council.

BE IT FURTHER RESOLVED that the funds required for the purchase of this property shall come from the Downtown/Riverfront Redevelopment Fund.

DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 7TH DAY OF DECEMBER, 1998.

ITEM 6. MISCELLANEOUS: CITIZEN INQUIRY & COMMENTS.

Mrs. Louise Frazier asked Council where asbestos should be taken after being removed from a house owned by her on Alta Vista Avenue and asked if it could be scheduled for burning by the Public Safety Department. Director of Public Safety Lee Wetherington advised Mrs. Frazier that he would check the house to determine whether or not the Public Safety Department could burn the house and advised her to contact Director of Engineering & Public Works Tom Zeaser to find out where the landfill is located that would accept asbestos debris.

Mrs. Mary Bright, 703 Atomic Road, thanked Mayor Jones for his presentation at the Public Safety dinner on Friday, December 4, and praised him for his versatility and capability in making presentations of this type.

Mr. Bill Griffin thanked Mayor Jones for remembering in his opening prayer that today was the anniversary of the attack on Pearl Harbor and that so many gave their lives on that day and since then to protect the freedom that we enjoy in the United States.

There being no further business, Council adjourned.

Respectfully submitted,

Leona J. Lewis

City Clerk