City of Hardeeville Council Chambers Regular City

CITY OF HARDEEVILLE COUNCIL CHAMBERS

REGULAR CITY COUNCIL MEETING 205 MAIN STREET

AND PUBLIC HEARINGS HARDEEVILLE, SC

AGENDA

NOVEMBER 5, 2020

4:00 P.M. I. INVOCATION & PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

III. APPROVAL OF AGENDA IV. EXECUTIVE SESSION A. DISCUSSION OF NEGOTIATIONS INCIDENT TO PROPOSED CONTRACTUAL ARRANGEMENTS AND PROPOSED SALE OR PURCHASE OF PROPERTY, THE RECEIPT OF LEGAL ADVICE WHERE LEGAL ADVICE RELATES TO A PENDING, THREATENED, OR POTENTIAL CLAIM OR OTHER MATTERS COVERED BY THE ATTORNEY- CLIENT PRIVILEGE, SETTLEMENT OF LEGAL CLAIMS, OR THE POSITION OF THE PUBLIC AGENCY IN OTHER ADVERSARY SITUATIONS INVOLVING THE ASSERTION AGAINST THE AGENCY OF A CLAIM IN ACCORDANCE WITH S.C. code of law 30- 4- 70(A)(2). l CHERRY POINT FIRE DISTRICT l EMINENT DOMAIN – WEST ARGENT ROADWAY

COUNCIL MAY TAKE ACTION IN OPEN SESSION ON MATTERS DISCUSSED IN EXECUTIVE SESSION V. PUBLIC COMMENTS (3 MINUTE TIME LIMIT)

VI. PUBLIC PRESENTATIONS VII. PRESENTATION & APPROVAL OF MINUTES FROM THE OCTOBER 15, 2020 REGULAR CITY COUNCIL MEETING

VIII. OLD BUSINESS - NONE IX. NEW BUSINESS

A. FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF HARDEEVILLE, SOUTH CAROLINA ESTABLISHING THE EXIT 3 REDEVELOPMENT PROJECT AREA; MAKING CERTAIN FINDINGS OF AN “AGRICULTURAL AREA” AND A “BLIGHTED AREA ” WITHIN THE EXIT 3 REDEVELOPMENT PROJECT AREA; DESIGNATING AND DEFINING REDEVELOPMENT PROJECTS CONSISTING OF PUBLIC IMPROVEMENTS WITHIN THE EXIT 3 REDEVELOPMENT PROJECT AREA; DESIGNATING APPROPRIATE REDEVELOPMENT PROJECT COSTS; APPROVING AN OVERALL REDEVELOPMENT PLAN; AND OTHER MATTERS RELATED THERETO (2020-11 -5A) PUBLIC HEARING B. FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF HARDEEVILLE, SOUTH CAROLINA, AUTHORIZING AND APPROVING THE EXIT 3 IMPROVEMENT PLAN AND THE ESTABLISHMENT OF THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICT; PROVIDING FOR THE FINANCING OF IMPROVEMENTS WITHIN THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICTBY ASSESSMENTS, ASSESSMENT DEBT AND OTHER FUNDS AS HEREIN DESCRIBED; AND OTHER MATTERS RELATING THERETO ( 2020- 11-5B) PUBLIC HEARING C. A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL AUTHORIZING THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS FROM RHINEHART FIRE SERVICES, ASHEVILLE, NORTH CAROLINA, BY THE CITY OF HARDEEVILLE IN THE AMOUNT OF $57,169.14; THE EXECUTION AND DELIVERY OF CERTAIN INSTRUMENTS; AND OTHER MATTERS RELATING THERETO (2020 -11 -5C) PUBLIC COMMENT D. A RESOLUTION OF THE CITY OF HARDEEVILLE SOUTH CAROLINA CITY COUNCIL ACCEPTING PRIME CONTRACT CHANGE ORDER #03, AMENDING THE DESIGN BUILD CONTRACT FROM BOBBITT DESIGN BUILD, LLC. OF COLUMBIA, SC FOR THE CITY OF HARDEEVILLE INDOOR RECREATION AND COMMUNITY CENTER FACILITY AND AUTHORIZING THE CITY MANAGER TO APPROVE THE CHANGE ORDER ON BEHALF OF THE CITY (2020- 11-5D) PUBLIC COMMENT E. A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL ENTERING INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HARDEEVILLE AND WA HOLDINGS SOUTH, LLC AND GL HOLDINGS, LLC (WA & GA HOLDINGS) ESTABLISHING A METHOD TO CLARIFY DEVELOPMENT RIGHTS OUTLINED IN THE WEST ARGENT DEVELOPMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY (2020 -11- 5E) PUBLIC COMMENT F. RECEIPT OF THE ATAX COMMITTEE RECOMENDATIONS TO APPROPIATESTATE ACCOMODATIONS TAX RECIEPTS TO CITY OF HARDEEVILLE PURSUANT PURSUANT TO SECTION 6-4 -10 OF THE S.C. CODE OF LAWS–

1. HARDEEVILLES’ FESTIVAL ON MAIN - $ 60,700 PUBLIC COMMENT G. RECEIPT OF THE ATAX COMMITTEE RECOMENDATIONS TO APPROPIATE STATE ACCOMODATIONS TAX RECIEPTS TO THE JASPER COUNTY CHAMBER OF COMMERCE PURSUANT TO SECTION 6-4 -10 OF THE S.C. CODE OF LAWS –

1. DIGITAL MARKETING CAMPAIGN - $14,400 2. RADIO CAMPAIGN - $ 14,400 3. HARDEEVILLE VISITORS CENTER OPERATIONS - $ 34,048 4. BILLBOARD CAMPAIGN - $ 9,900 l TOTAL - $72,748 PUBLIC COMMENT H. RECEIPT OF THE ATAX COMMITTEE RECOMENDATIONS TO APPROPIATESTATE ACCOMODATIONS TAX RECIEPTS TO THE SC LOWCOUNTRY & RESORT ISLANDS TOURISM COMMISSION PURSUANT TO SECTION 6- 4- 10 OF THE S.C. CODE OF LAWS–

1. DIGITAL MARKETING, NATIONAL ADVERTISING IN MAGAZINES AND NEWSPAPERS, LITERATURE PUBLICATIONS - $8,500 PUBLIC COMMENT X. MANAGERS REPORT XI. COUNCIL ISSUES AND CONCERNS

XII. ADJOURNMENT UPCOMING EVENTS NOVEMBER 11 VETERANS’ DAY – CITY OFFICES CLOSED NOVEMBER 17 SOLOCO REGI8ONAL BOARD MTG – COUNCIL CHAMBERS 10 A.M. NOVEMBER 17 BZA MEETING – COUNCIL CHAMBERS 5:30 P.M, NOVEMBER 18 PLANNING COMMISSION MEETING – COUNCIL CHAMBERS 10 A.M. NOVEMBER 18 HARDEEVILLE YOUTH COUNCIL MTG – VIRTUAL 5 P.M. NOVEMBER 19 HARDEEVILLE CITY COUNCIL MEETING – COUNCIL CHAMBERS 5 P.M. NOVEMBER 19 RIDGELAND TOWN COUNCIL MEETING – RIDGELAND TOWN HALL 6 P.M.

1. Item IXA Documents:

ITEM IXA - ORDINANCE-EXIT 3 REDEVELOPMENT PLANTIF (PDF).PDF ITEM IXA - SUMMARY ORDINANCE ON EXIT 3 TIF REDEVELOPMENT PLAN (PDF).PDF

2. Item IXB Documents:

ITEM IXB - ORDINANCE - EXIT 3 MID (PDF).PDF ITEM IXB - SUMMARY FOR ORDINANCE ON EXIT 3 MID IMPROVEMENT PLAN (PDF).PDF

3. Item IXC Documents:

ITEM IXC - BID COMPARISON CHART (PDF).PDF ITEM IXC - RESOLUTION PURCHASE OF SCBA (PDF).PDF ITEM IXC - SCBA AGENDA SUMMARY REVISION (PDF).PDF ITEM IXC - SCBA QUOTES 2020 (PDF).PDF ITEM IXC - SCBA QUOTES.PDF

4. Item IXD Documents:

ITEM IXD - PCCO03-DRAFT.PDF ITEM IXD - RESOLUTION ACCEPTING PCCO03 BOBBITT DESIGN BUILD LLC - IRF (PDF).PDF ITEM IXD - AGENDA SUMMARY TEMPLATE - PCCO 03 - BOBBIT (PDF).PDF

5. Item IXE Documents:

ITEM IXE - MOU RE CONDEMNATION (PDF).PDF ITEM IXE - RESOLUTION ENTERING INTO MOU BETWEEN COH AND WA HOLDINGS (PDF).PDF ITEM IXE - SUMMARY RESOLUTION ON CONDEMNATION OF ACCESS EASEMENT FOR ARENT WEST AND MOU WITH WA HOLDINGS (PDF).PDF

6. Item IXF Documents:

ITEM IXF - CITY FESTIVAL STATE ATAX APPLICATION 2021.PDF

7. Item IXFGH Documents:

ITEM IXFGH - AGENDA SUMMARY A-TAX FUNDS 11.5.20.PDF ITEM IXFGH - QUARTERLY STATEMENT 10-13-2020.PDF

8. Item IXG Documents: ITEM IXG - JC CHAMBER APPLICATION - BILLBOARD.PDF ITEM IXG - JC CHAMBER APPLICATION - OFFICE.PDF ITEM IXG - JC CHAMBER APPLICATION -DIGITAL.PDF ITEM IXG - JC CHAMBER APPLICATION -RADIO.PDF

9. Item IXH Documents:

ITEM IXH - HARDEEVILE ATAX APP 2021 -LOWCOUNTRY TOURISM COMMISSION.PDF Draft Dated October 22, 2020

ORDINANCE NO: 2020-11-5A

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA ESTABLISHING THE EXIT 3 REDEVELOPMENT PROJECT AREA; MAKING CERTAIN FINDINGS OF AN “AGRICULTURAL AREA” AND A “BLIGHTED AREA” WITHIN THE EXIT 3 REDEVELOPMENT PROJECT AREA; DESIGNATING AND DEFINING REDEVELOPMENT PROJECTS CONSISTING OF PUBLIC IMPROVEMENTS WITHIN THE EXIT 3 REDEVELOPMENT PROJECT AREA; DESIGNATING APPROPRIATE REDEVELOPMENT PROJECT COSTS; APPROVING AN OVERALL REDEVELOPMENT PLAN; AND OTHER MATTERS RELATED THERETO.

WHEREAS, the City of Hardeeville, South Carolina (the “City”) is a municipality of the State of South Carolina (the “State”), and as such, possesses certain powers granted by the Constitution and general laws of the State; and

WHEREAS, Title 31, Chapter 6 of the Code of Laws of South Carolina 1976, as amended (the "TIF Act") is intended to promote and protect the health, safety, morals and welfare of the public by providing a mechanism to allow municipalities to respond to the challenges posed by an “Agricultural area” and a “Blighted area”(each within the meaning of the TIF Act) within its boundaries to encourage private investment and restore the tax base in areas where agriculture uses and blight are present; and

WHEREAS, Section 31-6-30 of the TIF Act describes the qualities present in an area which permit establishment of a “Redevelopment project area” (within the meaning of the TIF Act); and

WHEREAS, the redevelopment project area, described in the Redevelopment Plan Exit 3 Redevelopment Project Area, a copy of which is attached hereto as Exhibit A and made a part hereof (the “Redevelopment Plan”) encompasses those certain parcels of real property in Jasper County, South Carolina (the “County”), within the corporate limits of the City, comprising approximately 1,608.30 acres of real property (the “Exit 3 Redevelopment Project Area”). All parcels of real property within the Exit 3 Redevelopment Project Area are vacant and are classified by the Jasper County Property Assessor as Rural Agriculture. The Exit 3 Redevelopment Project Area is an “Agricultural area” and a “Blighted area” (each within the meaning of the TIF Act) having those qualities set forth at Sections 31-6-30(1)(a) and (b) and 31-6- 30(1.5) of the TIF Act; and

WHEREAS, the City Council of the City (“City Council”) finds that sound growth of lands located in the Exit 3 Redevelopment Project Area is impaired by obsolete platting, lack of necessary transportation infrastructure, lack of water or wastewater, lack of storm drainage facilities, inadequate electric and natural gas energy services, and lack of modern communications infrastructure; and

WHEREAS, the City Council has acknowledged the need to redevelop the Exit 3 Redevelopment Project Area in a manner that will create sound economic development opportunities and improve the quality of life in neighborhoods located in and adjacent to the Exit 3 Redevelopment Project Area, and hereby determines that the redevelopment of the Exit 3 Redevelopment Project Area through public investment in infrastructure improvements is in the best interests of the public health, safety, morals, or welfare of the residents and citizens of the City; and

WHEREAS, the City Council has been advised of the opportunity to induce private development of parcels within the Exit 3 Redevelopment Project Area by the undertaking the following improvements all of which will be located in the City (collectively, the “Redevelopment Projects”): (a) a new interchange at Exit 3 on I–95, including all related drainage and storm water and infrastructure; (b) an approximately 1.5-mile stretch of RiverPort Parkway north of I–95, including all related drainage and storm water infrastructure; and (c) an approximately 4-mile stretch of RiverPort Parkway south of I–95, including all related drainage and storm water infrastructure, all as more fully set forth in the Redevelopment Plan; and

WHEREAS, the total costs of the Redevelopment Projects is estimated to be $88,400,000 as more particularly described in the Redevelopment Plan; and

WHEREAS, as described at Section 31-6-20(5) of the TIF Act, the use of incremental tax revenues to be derived from the tax rates of the City, the County and Jasper County School District (the “School District”) in the Exit 3 Redevelopment Project Area for the payment of redevelopment project costs to be incurred by the City solely for public improvements is of benefit to the taxing districts inasmuch as such taxing districts would not derive the benefits of an increased assessment base without the benefits of tax increment financing and all such taxing districts benefit from the redevelopment of the Exit 3 Redevelopment Project Area; and

WHEREAS, the City Council has determined to avail itself of the authorization contained in the TIF Act in order to accomplish redevelopment of the Exit 3 Redevelopment Project Area and adjoining areas in accordance with the Redevelopment Plan; and

[WHEREAS, pursuant to Section 31-7-120 of the Code of Laws of South Carolina 1976, as amended, the City and the County are adopting the Redevelopment Plan jointly through an the Intergovernmental Agreement to be entered into between the City and the County (the “County Intergovernmental Agreement”) in substantially the form presented to the City Council at this meeting; and]

WHEREAS, pursuant to Section 31-6-80(B) of the TIF Act, (i) at its meeting on November 5, 2020, the City Council conducted a public hearing related to the Exit 3 Redevelopment Project Area after publishing notice thereof in the Jasper County Sun on October 14, 2020, and (ii) such notice was published in the publication above not less than 15 nor more than 30 days prior to the date fixed for the hearing; and

WHEREAS, pursuant to Section 31-6-80(C) of the TIF Act, (i) on September 18, 2020 notice of the November 5, 2020 public hearing was given by the City to representatives of the County and the School District, which are all of the other taxing districts which have taxable property included in the Exit 3 Redevelopment Project Area, and (ii) such notice was given by the City to such taxing districts not less than 45 days prior to the date set for the public hearing; and

WHEREAS, as a condition to the School District providing its consent to the Redevelopment Plan, the School District is requiring the City to enter an Intergovernmental Agreement with the School District (the “School District Intergovernmental Agreement”) in substantially the form presented to the City Council at this meeting; and

WHEREAS, the Redevelopment Plan will afford maximum opportunity for the redevelopment of the Exit 3 Redevelopment Project Area by private enterprise in a manner consistent with the needs of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA:

2 SECTION 1. The City Council confirms all the findings of fact contained in the recitals of this Ordinance.

SECTION 2. The City Council, based upon evidence presented to it and in the public record, does hereby expressly find that (a) (i) redevelopment and sound growth of real property located in the Exit 3 Redevelopment Project Area is impaired by obsolete platting, lack of necessary transportation infrastructure, lack of water or wastewater, lack of storm drainage facilities, inadequate electric and natural gas energy services, and lack of modern communications infrastructure; and (ii) therefore, an “Agricultural area” and a “Blighted area” (each within the meaning of the TIF Act) exist within the Exit Redevelopment Project Area, and (b) the portions of the Redevelopment Projects located outside of the Exit 3 Redevelopment Project Area will benefit the Exit 3 Redevelopment Project Area.

SECTION 3. Pursuant to Section 31-6-80(A)(1) of the TIF Act, the City Council does hereby expressly approve the Redevelopment Plan attached hereto and incorporated herein as Exhibit A, which plan contains a statement of the objectives of the City with regard to the plan.

SECTION 4. Pursuant to Section 31-6-80(A)(2) of the TIF Act, the City Council finds that tax increment financing is needed to help reverse the existing conditions of the property in the Exit 3 Redevelopment Project Area through the funding sources described therein which will be used for the Redevelopment Projects as more particularly described in the Redevelopment Plan.

SECTION 5. Pursuant to Section 31-6-80(A)(3) of the TIF Act, the City Council does hereby approve the cost estimates of the Redevelopment Plan and Redevelopment Projects and the projected sources of revenue to be used to meet the cost including estimates of tax increments and estimates of the total amount of indebtedness to be incurred all as set forth in the Redevelopment Plan.

SECTION 6. Pursuant to Section 31-6-80(A)(4) of the TIF Act, the boundaries of the Exit 3 Redevelopment Project Area and a list of all real property in the Exit 3 Redevelopment Project Area are as follows:

ALL that certain piece, parcel and tract of land lying and being in the Hardeeville Tract, City of Hardeeville, County of Jasper, State of South Carolina, being shown and described as PARCEL 1 (1,808.32 Acres), PARCEL 2 (280.70 Acres), PARCEL 4 (179.72 Acres), PARCEL 5 (31.27 Acres), PARCEL 6 (469.07 Acres), PARCEL 7 (163.77 Acres) PARCEL 8 (288.62 Acres), PARCEL 9 (27.57 Acres), PARCEL 10 (247.70 Acres), PARCEL 11 (39.14 Acres), PARCEL 12 (692.89 Acres), PARCEL 13 (461.22 Acres), PARCEL A (202.78 Acres), PARCEL B-1 (140.54 Acres), PARCEL B-2 (35.02 Acres), PARCEL C-1 (66.88 Acres), and parcel referenced as “PARCEL 1.623 AC.” for a total of 5,136.83 acres, more or less; said property having dimensions, metes and bounds as shown on the Plat entitled “ALTA/ACSM LAND TITLE SURVEY OF THE HARDEEVILLE TRACT ((5,136.83 acre) CONTAINING PARCELS A, B-1, B-2, C-1, 1, 2, 4 thru 13, AND THE 1.623 AC. SITE ALONG U.S. HIGHWAY NO. 17,” known as the Hardeeville Tract, City of Hardeeville, Jasper County, South Carolina, said plat being dated 12/10/07, last revised 2/11/08, said plat prepared by Thomas & Hutton Engineering Co., Savannah, Georgia, Boyce L. Young, S.C.R.L.S. No. 11079, and recorded in the Jasper County Records in Plat Book 30 at Pages 374-382. LESS AND EXCEPT PARCEL 1 (1,808.32 ACRES), EXCEPT FOR THAT 201.03 ACRE PORTION TO BE INCLUDED HAVING A METES AND BOUNDS DESCRIPTION AS FOLLOWS:

3 Beginning at a point at the intersection of CSX railroad 200’ r/w and SC highway s-27-34 (Purrysburg road) and having a state plane coordinate of n 155155.21 e 1966751.73; thence northerly along Purrysburg road n 25°18'00" w a distance of 974.56 feet to a point; thence with the arc of a curve turning to the right, having an arc length of 271.45 feet, a radius of 967.00 feet, a chord length of 270.56 feet, and a chord bearing n 17°15'29" w to a point; thence n 09°12'58" w a distance of 288.94 feet to a point; thence with the arc of a curve turning to the left, having an arc length of 660.75 feet, a radius of 1033.00 feet, a chord length of 649.54 feet, and a chord bearing n 27°32'25" w to a point; thence n 45°51'53" w a distance of 529.56 feet to a point; thence with the arc of a curve turning to the right, having an arc length of 1037.75 feet, a radius of 1712.00 feet, a chord length of 1021.93 feet, and a chord bearing n 28°29'58" w to a point; thence with a compound curve turning to the right, having an arc length of 20.28 feet, a radius of 1712.00 feet, a chord length of 20.28 feet, and a chord bearing n 10°47'42" w to a point; thence with a compound curve turning to the right, having an arc length of 42.56 feet, a radius of 1712.00 feet, a chord length of 42.56 feet, and a chord bearing n 09°44'37" w to a point; thence n 09°01'53" w a distance of 333.59 feet to a point; thence leaving said road n 89°41'00" e a distance of 567.57 feet to a point; thence s 89°41'07" e a distance of 3163.49 feet to a point; thence s 00°38'38" w a distance of 1986.66 feet to a point; thence with the arc of a curve turning to the right, having an arc length of 571.07 feet, a radius of 11594.15 feet, a chord length of 571.01 feet, and a chord bearing s 48°18'09" w to a point; thence s 49°42'49" w a distance of 1976.75 feet to said point of beginning, said tract or parcel of land containing 201.03 acres LESS AND EXCEPT FROM THAT 201.03 ACRE PORTION, A 0.45 ACRE CEMETERY SITE HAVING A METES AND BOUNDS DESCRIPTION AS FOLLOWS: Beginning at a point having a state plan coordinate of n 158578.00 e 1965350.97; thence n 88°55'55" w a distance of 132.00 feet to a point; thence n 01°04'05" e a distance of 148.50 feet to a point; thence s 88°55'55" e a distance of 132.00 feet to a point; thence s 01°04'05" w a distance of 148.50 feet to said point of beginning, said tract or parcel of land containing 0.45 acres. ALSO LESS AND EXCEPT PARCEL 2 (280.70 ACRES), PARCEL 11 (39.14 ACRES), PARCEL 12 (692.89 ACRES), PARCEL 13 (461.22 ACRES), PARCEL A (202.78 ACRES), PARCEL B-1 (140.54 ACRES), PARCEL B-2 (35.02 ACRES), PARCEL C-1 (66.88 ACRES), AND PARCEL REFERENCED AS “PARCEL 1.623 AC.” Total acreage to be included in the Exit 3 Redevelopment Project Area is 1,608.30 acres, more or less, being: PORTION OF FORMER PARCEL 1 (200.58 Acres, more or less); PARCEL 4 (179.72 Acres, more or less); PARCEL 5 (31.27 Acres, more or less); PARCEL 6 (469.07 Acres, more or less); PARCEL 7 (163.77 Acres, more or less); PARCEL 8 (288.62 Acres, more or less); PARCEL 9 (27.57 Acres, more or less); & PARCEL 10 (247.70 Acres, more or less).

A listing of all real property in the Exit 3 Redevelopment Project Area is set forth in the Redevelopment Plan.

SECTION 7. Pursuant to Section 31-6-80(A)(5) of the TIF Act, the City Council hereby determines the duration of the Redevelopment Plan to be 25 years.

4 SECTION 8. Pursuant to Section 31-6-80(A)(6) of the TIF Act, the City Council hereby specifically finds and determines that, inasmuch as the taxing districts in which this Exit 3 Redevelopment Project Area is located will continue to receive tax revenues resulting from the parcels in the Exit 3 Redevelopment Project Area as currently assessed, there will be no adverse impact caused by the tax increment financing plan set forth in the Redevelopment Plan upon the revenues of the City, the County and the School District and that the long term impact will be beneficial to the City, the County and the School District following the inducement by the City of substantial private investment.

SECTION 9. Pursuant to Section 31-6-80(A)(7) of the TIF Act, the City Council hereby expressly finds that (a) the Exit 3 Redevelopment Project Area is an “Agricultural area” and a “Blighted area” and that private initiatives are unlikely to alleviated these conditions without substantial public assistance; (b) property values within the Exit 3 Redevelopment Project Area would remain static or decline without public intervention; and (c) redevelopment of the property within the Exit 3 Redevelopment Project Area is in the interest of the health, safety, and general welfare of the citizens of the City.

SECTION 10. Pursuant to Section 31-6-90(1)(a) of the TIF Act, there will be no displacement of persons by the Redevelopment Projects.

SECTION 11. In order to finance a portion of the cost of the Redevelopment Projects, it is anticipated that the City will issue “Obligations” (within the meaning of the TIF Act) in the maximum about of $37,500,000 in the form of a loan made by South Carolina Transportation Infrastructure Bank to the City and the County in the original principal amount not to exceed $37,500,000 (the “SCTIB Loan”). The expected details of the SCTIB Loan are set forth in the Redevelopment Plan. The enactment of this Ordinance and the adoption of the Redevelopment Plan does not authorize the City to issue Obligations. The issuance of such Obligations will require each of City Council and County Council of the County to enact an ordinance approving such issuance. In addition, prior the issuance of any Obligations, the City expects to establish an “improvement district” (containing the same property contained within the Exit 3 Redevelopment Project Area and to be known as the “Exit 3 Municipal Improvement District”) pursuant to Title 5, Chapter 37 of the Code of Laws of South Carolina 1976, as amended.

SECTION 12. The City Council hereby approves [each of the County Intergovernmental Agreement and] the School District Intergovernmental Agreement, in substantially the form[s] presented to this meeting, with such changes as may be approved by the City Manager. The City Manager shall consult counsel with respect to any changes to [the County Intergovernmental Agreement or] the School District Intergovernmental Agreement. Each of the Mayor of the City and the City Manager are hereby authorized to executed and deliver [the County Intergovernmental Agreement and] the School District Intergovernmental Agreement.

SECTION 13. Any subsequent changes to the Redevelopment Plan will not affect any prior procedural approvals or requirements heretofore obtained or complied with in connection with the establishment of the Exit 3 Redevelopment Project Area.

SECTION 14. All rules, regulations, and parts thereof, procedural or otherwise, in conflict herewith, to the extent of such conflict, are hereby repealed. If any section, phrase or provision of this Ordinance shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the remaining sections, phrases, and provisions hereof.

[End of Ordinance; Execution Page Follows]

SIGNED, SEALED, AND DELIVERED AS OF THE ___ DAY OF ______, 2020.

CITY OF HARDEEVILLE, SOUTH CAROLINA

By: ______Mayor

Attest:

______Clerk

First Reading and Public Hearing: November 5, 2020 Second Reading: ______, 2020

6 EXHIBIT A

REDEVELOPMENT PLAN

[TO BE INSERTED]

A-1

CITY COUNCIL AGENDA ITEM

DEPARTMENT: Administration

ATTACHMENTS: Ordinance X Resolution ___ Motion Support Documents Appointment ___ Other ______SUMMARY: Pursuant to Title 31, Chapter 6 of SC Code of Laws municipalities are authorized to establish redevelopment project areas. It is proposed that the City of Hardeeville create a redevelopment project area (Exit 3 Redevelopment Project Area) consisting of approximately 1,608.75 acres of real property. Section 31-6-80 of the Tax Increment Financing Act requires that a public hearing be held on the Redevelopment Plan and notice of such public hearing be given to all taxing districts of which taxable property is included in the Exit 3 Redevelopment Plan Area not less than 45 days prior to the date set. A public hearing was held before the City Council on chamber 5, 2020 at 5 p.m. in Council Chambers and the taxing districts shall receive notice of such public hearing. The proposed plan describes the proposed improvements to construct a new exit on I95 in the corporate limits of the City and utilizes the revenue proceeds from a tax increment financing district to repay a loan received from the State Infrastructure Bank Board (STIB) for the project. The second reading will not be presented for consideration until the City and Jasper County successfully negotiate and adopt an Intergovernmental Agreement with the STIB and an IGA with the Jasper County School District for usage of the Schools TIF proceeds to fund the loan repayment.

______RECOMMENDED ACTION: Adopt at First Reading Ordinance 2020-11-5A which establishes the Exit 3 Redevelopment Project Area; makes certain findings of an agricultural area and a blighted area within the Exit 3 Redevelopment Project Area; designates an defines redevelopment projects consisting of public improvements within the Exit 3 Redevelopment Project Area; designates appropriate redevelopment project cots; approves an overall redevelopment plan and other matters related thereto. ______DEPARTMENT Submitted: Michael J. Czymbor Date: 10/28/20 Requested Agenda Regular Mtg Date: 11/5/20 FINANCE DEPARTMENT Budgeted ___Yes __X_No _N/A Date: CITY ATTORNEY Approved as to Form and Correctness Date:

CITY MANAGER Approved Agenda Item For: Date: ______COUNCIL ACTION: Approved as Recommended Disapproved Approved With Modification ___ Tabled To Time Certain ___ Other ______Draft Dated October 22, 2020

ORDINANCE NO: 2020-11-5B

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, AUTHORIZING AND APPROVING THE EXIT 3 IMPROVEMENT PLAN AND THE ESTABLISHMENT OF THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICT; PROVIDING FOR THE FINANCING OF IMPROVEMENTS WITHIN THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICT BY ASSESSMENTS, ASSESSMENT DEBT AND OTHER FUNDS AS HEREIN DESCRIBED; AND OTHER MATTERS RELATING THERETO.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, AS FOLLOWS:

Section 1. Findings and Determinations.

The City Council (the “City Council”) of the City of Hardeeville, South Carolina (the “City”), hereby finds and determines:

(a) The City is a municipality of the State of South Carolina (the “State”), and as such, possesses certain powers granted by the Constitution and general laws of the State.

(b) Pursuant to the Municipal Improvements Act of 1999, as codified as Title 5, Chapter 37 of the Code of Laws of South Carolina 1976, as amended (the “Act”), the municipalities of the State are vested with all powers consistent with the Constitution necessary, useful, and desirable to effect improvements within an improvement district, to increase property values, to prevent depreciation of property values, and to preserve and increase their tax bases.

(c) As set forth in a resolution adopted by the City Council on October 1, 2020 (the “Resolution”), an “improvement plan” (within the meaning of Section 5-37-20(4) of the Act), entitled “Improvement Plan Exit 3 Municipal Improvement District City of Hardeeville, South Carolina,” a copy of which is attached hereto as Exhibit A (the “Improvement Plan”), has been presented to the City, which Improvement Plan, among other things, contemplates the creation of an “improvement district” (within the meaning of Section 5-37-20(3) of the Act) to be known as the Exit 3 Municipal Improvement District (the “Improvement District”). A copy of the Improvement Plan, which is incorporated herein by reference, is available for review at the office of the City Manager of the City, located at 205 East Main Street, Hardeeville, South Carolina. The Improvement Plan contemplates the construction of certain public improvements within or benefiting the Improvement District as more particularly described herein (collectively, the “Improvements”) which constitute “Improvements” within the meaning of Section 5-37- 20(2) of the Act. None of the Improvements has been completed or is, as of this date of this Ordinance, under construction (other than those Improvements that (i) consist of approximately a 1-mile stretch of RiverPort Parkway south of I-95, (ii) are not located within the Improvement District, (iii) were constructed by private parties in or about 2013, and (iv) will not be paid for directly or indirectly by “assessments” (within the meaning of Section 5-37-20(1) of the Act) imposed on the real property in the Improvement District (such Improvements being referred to herein as the “Existing Improvements”)) .

(d) The Improvement District will consist of all or a portion of a tract of real property in Jasper County, South Carolina (the “County”), within the corporate limits of the City, comprising approximately 1,608.30 acres of real property located within the City, which real property is more fully described in the legal description attached as Exhibit B hereto (the “Property”). The real property comprising the Improvement District is presently owned by SLF III – Hardeeville, LLC, a Texas limited liability company (the “Owner”), which has petitioned the City to create the Improvement District pursuant to Section 5-37- 40(B) of the Act. The City Council has been informed and believes that all of the real property comprising the Improvement District is presently owned by Owner. It is expected that the either the Owner or its successors and assigns (in such capacity, the “Developer”) will develop the Improvement District.

(e) A copy of the plat incorporated by reference in Exhibit B hereto is on file in the office of the City Manager and is available for inspection during normal business hours.

(f) The City Council has determined after due investigation and study, that to the extent that Improvements will be located outside of the boundaries of the Improvement District, such Improvements will confer a benefit on property inside the Improvement District or are necessary to make improvements within the Improvement District effective for the benefit of property inside the Improvement District.

(g) Pursuant to Section 5-37-50 of the Act and the provisions of the Resolution, a public hearing concerning the Resolution was held on November 5, 2020, which date was neither sooner than 20 days nor more than 40 days following adoption of the Resolution, and neither less than ten days nor more than 120 days before the second reading and passage of this Ordinance.

(h) Pursuant to Section 5-37-60 of the Act, the entire text of the Resolution was published once a week for two successive weeks in one or more newspapers of general circulation in the City. The last date of publication was not less than ten days prior to the date of the public hearing concerning the Resolution.

(i) Pursuant to Section 5-37-40 of the Act, the City Council hereby finds that:

(1) the Improvements will be beneficial within the Improvement District;

(2) the Improvements will preserve or increase property values within the Improvement District;

(3) the Improvements are likely to encourage development in the Improvement District;

(4) the general welfare and tax base of the City will be maintained or improved by the establishment of the Improvement District; and

(5) it would be fair and equitable to finance all or part of the cost of the Improvements by an assessment upon certain real property located within the Improvement District.

(j) Pursuant to Title 31, Chapter 6 of the Code of Laws of South Carolina 1976, as amended (the “TIF Act”), the City, prior to the issuance of any Assessment Debt (as defined below) [and jointly with the County], will establish a “Redevelopment project area” (within the meaning of the TIF Act) to be known as the “Exit 3 Redevelopment Project Area” and to include the same real property included within the Improvement District.

(k) The City Council hereby finds that the Improvements may be financed by the City through the issuance of bonds in one or more series and other borrowings (collectively, the “Assessment Debt”) pursuant to the Act and the TIF Act to defray the costs of a portion of the Improvements. The term “Assessment Debt” includes bonds and other borrowings secured by and payable from both TIF Revenues Available for Debt Service (as defined below) and Assessment Revenues (as defined below). It is the intention of the City, that the City, the County and the Developer, individually and in conjunction with future owners or other interested parties, to undertake or engage in the financing of the Improvements in conjunction with the City for the benefit of the City and the future owners and users of the real property within the Improvement District. The Owner has petitioned the City to establish the Improvement District, has agreed to the imposition of special assessments on the real property located within the Improvement District pursuant to the Act in amounts, subject to the limitations set forth in Section 3 below, sufficient to pay debt service on the Assessment Debt and, as more particularly described herein and in the Improvement Plan, has agreed to the undertaking of certain of the Improvements.

(l) The Improvement Plan sets forth the overall plan by which the City proposes to effect the Improvements within the Improvement District to preserve and enhance property values, prevent deterioration of the City’s urban areas and preserve and enhance the tax base of the City, including an overall plan by which the City proposes to effect such Improvements within the Improvement District in order to encourage and promote private or public development within the Improvement District.

The Improvements are more fully described in the Improvement Plan and consist of (a) a new interchange at Exit 3 on I–95, including all related drainage and storm water infrastructure, (b) an approximately 1.5-mile stretch of RiverPort Parkway north of I–95, including all related drainage and storm water infrastructure, and (c) an approximately 4-mile stretch of RiverPort Parkway south of I–95, including all related drainage and storm water infrastructure.

The City expects that (a) the Developer will be responsible for the design, permitting and approvals of the Improvements; (b) the Developer will be responsible for the construction of the RiverPort Parkway south of Exit 3 portion of the Improvements; and (c) the South Carolina Department of Transportation will be responsible for monitoring construction of Exit 3 interchange and the RiverPort Parkway north of Exit 3 portions of the Improvements. Upon completion of the construction of the Improvements, the City or other public entity will own the Improvements.

Construction of Improvements will proceed in accordance with the Improvement Plan. It is expected that the construction of the Improvements will be completed by the end of calendar year 2022.

(m) The City Council determines that no funds from any sources other than the Assessment Debt and Assessments are reserved, allocated, or otherwise set aside by the City pursuant to the budget or financial policies of the City for the financing of any portion of the costs of acquisition, construction, and equipping of the Improvements proposed to be funded from the Assessment Debt and the Assessments.

(n) The City has determined that the Improvements as more fully set forth in the Improvement Plan will cost approximately $88,400,000 and will be financed by the of the Assessment Debt, grants and contributions made by the Developer, as described below.

Section 2. Establishment of Improvement District.

The Improvement District as described above and more fully set forth in the Improvement Plan is hereby established and the implementation of the Improvement Plan is hereby authorized. All modifications to the timing of the construction of the Improvements and to the costs of such Improvements included within the phases of development all as provided in the Improvement Plan, as originally provided to the City Council, shall be approved by the City Manager.

Section 3. Financing of Improvements.

In order to finance a portion of the cost of the Improvements, it is anticipated that the City will incur Assessment Debt in the form of a loan made by South Carolina Transportation Infrastructure Bank (the “SCTIB”) to the City and the County in the original principal amount not to exceed $37,500,000 (the “SCTIB Loan”). The SCTIB Loan will be made pursuant to and in accordance with the Act and the TIF Act. It is further anticipated that the SCTIB Loan will be secured, in part, by and be payable from the following and in the following order of priority: (a) first, as to accrued interest, available proceeds under the SCTIB Loan allocated to pay interest on the SCTIB Loan (“Capitalized Interest Proceeds”), (b) second, 35% of the incremental tax revenues generated within the Exit 3 Redevelopment Project Area and deposited into a “special tax allocation fund” (such revenues so deposited being referred to as, “TIF Revenues Available for Debt Service”), (c) third, to the extent Capitalized Interest Proceeds and TIF Revenues Available for Debt Service are not sufficient to pay debt service when due, revenues generated from Assessments (as defined below) (“Assessment Revenues”), and (d) fourth, to the extent Capitalized Interest Proceeds, TIF Revenues Available for Debt Service and Assessment Revenues are not sufficient to pay debt service when due, proceeds from draws under a letter of credit to be provided to the SCTIB by the Developer (such letter of credit is expected to cover only a limited amount of the aggregate debt service over the life of the SCTIB Loan and to be canceled at such time as TIF Revenues Available for Debt Service reach a certain level). The City shall impose and collect Assessments only as follows: (i) to the extent and in the amount that Capitalized Interest Proceeds and TIF Revenues Available for Debt Service are insufficient to pay debt service on the Assessment Debt as and when due, and (ii) to pay certain administrative expenses incurred by the City in connection with the Assessments. The City acknowledges that it will issue or incur the Assessment Debt only upon the formal request of the Developer. The enactment of this Ordinance and the Improvement Plan does not authorize the City to enter the SCTIB Loan or issue

any other Assessment Debt. The SCTIB Loan and any other Assessment Debt will require each of the City Council and the County Council of the County to enact an ordinance approving such issuance.

The City expects the balance of the cost of the Improvements will be funded by (a) a grant made by the SCTIB to the City and the County in the amount of approximately $28,100,000, and (b) contributions made by the Developer consisting of right of way easements or deeds and the construction of RiverPort Parkway south of I-95 (including the Existing Improvements) having an aggregate estimated value of approximately $26,270,000.

Notwithstanding anything to the contrary contained herein, proceeds of the SCTIB Loan shall not be used to finance any portion of the Existing Improvements, and Assessment Revenues shall not be used to pay or reimburse any costs of the Existing Improvements.

Section 4. Imposition of Assessments; Basis for and Rates of Assessments to be Imposed Within the Improvement District.

It is proposed that there shall be imposed “assessments,” within the meaning of Section 5-37-20(1) of the Act on real property in the Improvement District benefitting from the Improvements (the “Assessments”). Assessments shall be imposed upon properties within the Improvement District in accordance with the Assessment Report dated [______, ____], 2020 (the “Assessment Report”), and the Assessment Roll with the attached Rate and Method of Apportionment of Assessments (the “Assessment Roll”) developed by the City and its consultant and presented to the City Council at the meeting at which second reading was given to this Ordinance. The Assessment Report and Assessment Roll establish the Assessments fairly reflecting the benefits derived from the Improvements by each of the individual parcels within the Improvement District. Copies of the Assessment Report and Assessment Roll are available for review at the office of the City Manager of the City, located at 205 East Main Street, Hardeeville, South Carolina.

The Assessment Roll, including the Assessments reflected therein, is hereby approved, and shall be the basis for the actual Assessments on each parcel of real property listed thereon if not altered or amended as provided in the Assessment Roll. The City Council hereby declares that the Assessment Roll is “complete,” within the meaning of Section 5-37-110 of the Act, as of the date hereof.

Assessments within the Improvement District shall not be imposed upon the Improvements, nor shall they be imposed upon any portion of the Property that does not receive a benefit from such Improvements. Assessments will not be imposed on any portion of the Property that is owned by a public entity. Assessments will not be imposed on real property located outside the Improvement District.

The methodology and procedure for imposing the Assessment provides that Assessments will be initially levied on an equal assessment per acre basis over approximately 1,608.30 gross acres. As real property within the Improvement District is developed and subdivided, the Assessments will be assigned to the developed and platted properties in accordance with the Assessment Report and Assessment Roll.

The sum of the Assessments after such subdivision shall be equal to the Assessment of the parcel in question prior to such subdivision, such that the special assessments originally assigned to any undeveloped parcel, would be absorbed by the number and type of land uses and/or unit types assigned to that parcel based on development plans with respect to that parcel.

Assessments shall be set at a rate or rates which shall be sufficient to produce annual revenue in an amount not to exceed the maximum annual debt service on the Assessment Debt plus administrative expenses and will be levied and collected only as follows: (i) to the extent and in the amount that Capitalized Interest Proceeds and TIF Revenues Available for Debt Service are insufficient to pay debt service on the Assessment Debt as and when due, and (ii) in the amount of the administrative expenses incurred in a year in which an Assessment is imposed and collected to pay debt service on the Assessment Debt or in which any real property within the Improvement District is subdivided. The projected total maximum annual Assessment is approximately $3.78 million, including projected administrative expenses in the maximum amount of $25,000.

Assessments are expected to be reduced and terminated from time to time as development within the Improvement District generates sufficient TIF Revenues Available for Debt Service to pay the debt service on the Assessment Debt as and when due.

Section 5. Publication of Ordinance.

Pursuant to the provisions of Section 5-37-100 of the Act, this Ordinance shall be published in its entirely in at least one newspaper of general circulation within the City as designated by the City Manager on [November 25], 2020 which shall constitute the publication required by said Section 5-37-100.

Section 6. Notice; Hearing of Objections to Assessment Roll.

(a) The City Manager is hereby authorized and directed to publish a notice of completion of the Assessment Roll at least once in a newspaper of general circulation in the City, setting forth a description in general terms of the Improvements, and stating the time and place fixed for the hearing of objections in respect to the Assessment and that a property owner who fails to file with the City Council a written objection to the Assessment against his property before such hearing shall be deemed to have consented thereto. Unless otherwise directed by the City Manager (in which the City Manager may designate such publication and hearing dates as permitted by the Act), the notice shall be published in the Jasper County Sun on Wednesday [December 2], 2020 or otherwise as promptly as reasonably feasible following the date of the enactment of this Ordinance. The hearings of objections to the Assessment shall be held over a 30- day period beginning on [December 14], 2020 (or such other date as stated in the notice described in the prior sentence and is not less than ten days after publication thereof), and ending on [January 13], 2021 (or such other day as is not less than thirty days after the date on which the hearing period begins). Such hearings may be requested by any property owners within the Improvement District or by a resident of the City, and will upon request be promptly conducted by one or more members of the City Council. Following

the conclusion of such 30-day hearing period, the City Council shall, with respect to each objection received, render a final decision by vote of the whole City Council at a public session thereof.

(b) All persons who file written objections to the Assessment Roll within the time prescribed shall have an opportunity to appear either in person or by their attorney at the hearings to be held by the City Council for such purposes. At the session held to make a final decision on the objections, the City Council may make such corrections to the Assessment Roll as it deemed proper and confirm the same or set it aside and provide for a new Assessment.

(c) Whenever the City Council shall confirm the Assessment, either as originally prepared or as thereafter corrected, a copy thereof shall be certified by the Municipal Clerk of the City and filed in the Office of the Registrar of Deeds for Jasper County, and from the time of filing the Assessment provided in the Assessment Roll constitutes and is a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and must be annually assessed and collected with the property taxes on such real property.

Section 7. Notice of Assessment Roll.

The City Manager is hereby authorized and directed to cause in the name and on behalf of the City Council to be mailed, as soon as practicable but prior to the publication of notice of completion of the Assessment Roll pursuant to Section 6 hereof, by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which the Assessment is to be levied, at the address appearing on the records of the City or the Jasper County Treasurer, a notice stating the nature of the Improvements, the total proposed cost thereof, the amount to be assessed against the particularly property and the basis upon which the Assessment is made, together with the terms and conditions upon which the Assessment may be paid. The notice must contain a brief description of the particular property involved together with a statement that the amount assessed constitutes a lien against the property superior to all other liens except property taxes. The notice also must state the time and place fixed for the hearing of objections in respect to the Assessment contemplated by Section 6(a) hereof. A property owner who fails to file with the City Council a written objection to the Assessment against his property before such hearing takes place shall be considered to have consented to the Assessment, and the notices published pursuant to Section 6(a) hereof and sent pursuant to this Section 7 shall so state.

If all of the owners of property upon which an Assessment is to be levied consent in writing to the imposition of such Assessment, the City Manager shall not be required to provide the notice described in this Section 7, and the provisions of Section 5-37-120 of the Act shall be deemed satisfied.

Section 8. General Repealer; Severability.

All rules, regulations, and parts thereof, procedural or otherwise, in conflict herewith, to the extent of such conflict, are hereby repealed. If any section, phrase or provision of this Ordinance shall for any

reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the remaining sections, phrases, and provisions hereof.

Section 9. Third Party Beneficiary. The City acknowledges and agrees that the Developer is third- party beneficiary of this Ordinance, and, as such, this Ordinance may not be amended or modified without the prior without the prior written consent of the Developer.

THIS ORDINANCE SHALL BE EFFECTIVE ON THE SEVENTH DAY AFTER THIS ORDINANCE HAS BEEN PUBLISHED IN ACCORDANCE WITH SECTION 5-37-100 OF THE ACT.

SIGNED, SEALED, AND DELIVERED AS OF THE ___ DAY OF ______, 2020.

CITY OF HARDEEVILLE, SOUTH CAROLINA

______Mayor ATTEST:

(SEAL) Clerk

First Reading: November 5, 2020 Public Hearing: November 5, 2020 Second Reading: [______], 2020

EXHIBIT A

IMPROVEMENT PLAN

[TO BE INSERTED]

A-1

EXHIBIT B

LEGAL DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICT

LESS AND EXCEPT PARCEL 1 (1,808.32 ACRES), EXCEPT FOR THAT 201.03 ACRE PORTION TO BE INCLUDED HAVING A METES AND BOUNDS DESCRIPTION AS FOLLOWS:

Beginning at a point at the intersection of CSX railroad 200’ r/w and SC highway s-27-34 (Purrysburg road) and having a state plane coordinate of n 155155.21 e 1966751.73; thence northerly along Purrysburg road n 25°18'00" w a distance of 974.56 feet to a point; thence with the arc of a curve turning to the right, having an arc length of 271.45 feet, a radius of 967.00 feet, a chord length of 270.56 feet, and a chord bearing n 17°15'29" w to a point; thence n 09°12'58" w a distance of 288.94 feet to a point; thence with the arc of a curve turning to the left, having an arc length of 660.75 feet, a radius of 1033.00 feet, a chord length of 649.54 feet, and a chord bearing n 27°32'25" w to a point; thence n 45°51'53" w a distance of 529.56 feet to a point; thence with the arc of a curve turning to the right, having an arc length of 1037.75 feet, a radius of 1712.00 feet, a chord length of 1021.93 feet, and a chord bearing n 28°29'58" w to a point; thence with a compound curve turning to the right, having an arc length of 20.28 feet, a radius of 1712.00 feet, a chord length of 20.28 feet, and a chord bearing n 10°47'42" w to a point; thence with a compound curve turning to the right, having an arc length of 42.56 feet, a radius of 1712.00 feet, a chord length of 42.56 feet, and a chord bearing n 09°44'37" w to a point; thence n 09°01'53" w a distance of 333.59 feet to a point; thence leaving said road n 89°41'00" e a distance of 567.57 feet to a point; thence s 89°41'07" e a distance of 3163.49 feet to a point; thence s 00°38'38" w a distance of 1986.66 feet to a point; thence with the arc of a curve turning to the right, having an arc length of 571.07 feet, a radius of 11594.15 feet, a chord length of 571.01 feet, and a chord bearing s 48°18'09" w to a point; thence s 49°42'49" w a distance of 1976.75 feet to said point of beginning, said tract or parcel of land containing 201.03 acres

B-1

LESS AND EXCEPT FROM THAT 201.03 ACRE PORTION, A 0.45 ACRE CEMETERY SITE HAVING A METES AND BOUNDS DESCRIPTION AS FOLLOWS:

Beginning at a point having a state plan coordinate of n 158578.00 e 1965350.97; thence n 88°55'55" w a distance of 132.00 feet to a point; thence n 01°04'05" e a distance of 148.50 feet to a point; thence s 88°55'55" e a distance of 132.00 feet to a point; thence s 01°04'05" w a distance of 148.50 feet to said point of beginning, said tract or parcel of land containing 0.45 acres.

ALSO LESS AND EXCEPT PARCEL 2 (280.70 ACRES), PARCEL 11 (39.14 ACRES), PARCEL 12 (692.89 ACRES), PARCEL 13 (461.22 ACRES), PARCEL A (202.78 ACRES), PARCEL B-1 (140.54 ACRES), PARCEL B-2 (35.02 ACRES), PARCEL C-1 (66.88 ACRES), AND PARCEL REFERENCED AS “PARCEL 1.623 AC.”

Total acreage to be included in the Exit 3 Redevelopment Project Area is 1,608.30 acres, more or less, being:

PORTION OF FORMER PARCEL 1 (200.58 Acres, more or less); PARCEL 4 (179.72 Acres, more or less); PARCEL 5 (31.27 Acres, more or less); PARCEL 6 (469.07 Acres, more or less); PARCEL 7 (163.77 Acres, more or less); PARCEL 8 (288.62 Acres, more or less); PARCEL 9 (27.57 Acres, more or less); & PARCEL 10 (247.70 Acres, more or less).

B-2

CITY COUNCIL AGENDA ITEM ______

SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, AUTHORIZING AND APPROVING THE EXIT 3 IMPROVEMENT PLAN AND THE ESTABLISHMENT OF THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICT; PROVIDING FOR THE FINANCING OF IMPROVEMENTS WITHIN THE EXIT 3 MUNICIPAL IMPROVEMENT DISTRICT BY ASSESSMENTS, ASSESSMENT DEBT AND OTHER FUNDS AS HEREIN DESCRIBED; AND OTHER MATTERS RELATING THERETO.

DEPARTMENT: CMO/City Attorney

ATTACHMENTS: Ordinance X _ Resolution ___ Motion _X_ Support Documents ___ Appointment ___ Other ______SUMMARY: The City, Jasper County, and Stratford Land has been working cooperatively for over twelve years to secure funding for a new interchange on I95 to be known as Exit 3. After years of combined efforts and with the assistance of State Legislative delegation, Governor McMasters and US Senator Graham, the project was awarded a grant and loan from the State Infrastructure Bank Board. The loan is proposed to be paid primarily by a portion of the revenue produced from the tax increment financing district on commercial and mixed use property around the proposed interchange, secondarily by the assessments from a municipal improvement district (MID) on those same TIF properties, and finally by a letter of credit from the developer in the case of shortfalls of the primary and secondary sources. The proposed Ordinance adopts a proposed improvement plan for the I95 Exit 3 improvements and specifies an allocation method to the benefitting properties in the proposed district in the event of a shortfall of TIF proceeds. The second reading of the proposed ordinance will not be considered until an IGA with the STIB on the Exit 3 project is negotiated and adopted by the parties. ______RECOMMENDED ACTION: ADOPT Ordinance 2020-11-5B which authorizes and approves the Exit 3 Improvement Plan and the establishment of the Exit 3 Municipal Improvement District; provides for the financing of improvements within the Exit 3 Municipal Improvement District by assessments, assessment debt and other funds as herein described; and other matters relating thereto.

______DEPARTMENT Submitted: ____M Czymbor______Date: 10/28/20 Requested Agenda ___City Council____ Date: 11/5/20

FINANCE DEPARTMENT Budgeted ___Yes ___No ___N/A Date:

CITY ATTORNEY Approved as to Form and Correctness Date:

CITY MANAGER Approved Agenda Item For: Date: ______

COUNCIL ACTION: Approved as Recommended Disapproved Approved with Modification ___ Tabled to Time Certain ___ Other ______

SCBA Bid Comparison Chart

SCBA x 3 Cylinder x 10 Voice Amp x35 Cylinder Sleeves x 75 Tax TOTAL Rhinehart Fire Services $ 20,850.00 $ 5,225.00 $ 17,955.00 $ 8,418.75 $ 4,720.39 $ 57,169.14 Municipal Emergency Services $ 16,965.00 $ 9,990.00 $ 17,115.00 $ 7,050.00 $ 4,600.80 $ 55,720.80 Anderson Fire & Safety $ 19,650.00 $ 10,400.00 $ 16,975.00 $ 7,125.00 $ 4,955.40 $ 59,105.40 A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL AUTHORIZING THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS FROM RHINEHART FIRE SERVICES, ASHEVILLE, NORTH CAROLINA, BY THE CITY OF HARDEEVILLE IN THE AMOUNT OF $57,169.14; THE EXECUTION AND DELIVERY OF CERTAIN INSTRUMENTS; AND OTHER MATTERS RELATING THERETO.

RESOLUTION NO. 20200-11-5C

WHEREAS, the City of Hardeeville, South Carolina, a municipal corporation and a political subdivision of the State of South Carolina (the “City”), acting by its governing body, the City Council of the City of Hardeeville, South Carolina (“City Council”), is authorized to acquire personal property (excluding any real property and permanent improvements thereon) (the “Property”) in relation to health and order in the City or respecting any subject as appears to City Council necessary and proper for the security, general welfare, and convenience of the City or for preserving health, peace, order, and good government in the City; and WHEREAS, City Council has determined that it is in the best interest of the City to acquire certain equipment and designate certain capital acquisitions of Property to be purchased outright; WHEREAS, 3M Scott does not sell directly to municipalities; it was necessary for the City to solicit for competitive pricing and the City obtained quotes from three prospective vendors, Rhinehart Fire Services, Municipal Emergency Services, Premier Safety; and

WHEREAS, Staff has reviewed all quotes and selected the lowest, most appropriate quoted price for each Self-Contained Breathing Apparatus (SCBA); and

WHEREAS, an appropriation for the purchase of replacement SCBAs is contained in the approved FY20-21 budget Capital Improvement Fund.

WHEREAS, City Council accepts the recommendation of quotes, and authorizes the City Manager to take all actions and do all things necessary for the purchase, including the determination of the final purchase price for the equipment, without further action of City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hardeeville, SC:

1. The purchase of Self-Contained Breathing Apparatus (SCBA) from Rhinehart, Asheville, North Carolina, in the amount of $57,169.14 by the City is hereby approved. The City Manager is hereby authorized and directed to execute the purchase of the Property, in form and substance satisfactory to him upon the advice of Council, his execution being conclusive evidence of his approval. 2. The City Manager and all other appropriate officials and employees of the City are hereby authorized to execute, deliver, and receive any other agreements and documents as may be required by the City in order to carry out, give effect to, and consummate the transactions contemplated by the any purchase contract related to the Property. 3. The City Council also authorizes the City Manager to purchase these SCBAs for the Hardeeville Fire Department, including all associated tax, not to exceed $60,000.

PASSED AND ADOPTED by the City Council of the City of Hardeeville, SC this 5th day of November 2020.

CITY OF HARDEEVILLE, SC

______By: HARRY WILLIAMS, MAYOR

ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ______CITY CLERK ______CITY ATTORNEY

CITY COUNCIL AGENDA ITEM ______SUBJECT: A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL AUTHORIZING THE PURCHASE OF SELF- CONTAINED BREATHING APPARATUS FROM RHINEHART FIRE SERVICES, ASHEVILLE, NORTH CAROLINA BY THE CITY OF HARDEEVILLE IN THE AMOUNT OF $57,169.14; THE EXECUTION AND DELIVERY OF CERTAIN INSTRUMENTS; AND OTHER MATTERS RELATING THERETO.

DEPARTMENT: Fire

ATTACHMENTS: Ordinance X Resolution ___ Motion __ Support Documents ___ Appointment ___ Other

SUMMARY: In order for the fire department to continue to provide services to the citizens, it is necessary to order 3 Self Contained Breathing Apparatus (SCBA) with 10 air cylinders. This is phase 3 of the 3 phases to replace all of SCBA’s as they become outdated. Currently we have 37 SCBA’s in service on our vehicles and 3 of them will be more than 2 NFPA cycles old this year. The current NFPA standard is to replace them after 2 cycles. Over the next few years we will have several more cylinders expiring: in 2021 – 8, in 2022 – 11, in 2023 – 12, and will need to budget appropriately to replace them. The City solicited proposals to replace the SCBA units and received three proposals, Rhinehart Fire Services ($57,169.14), Municipal Emergency Services ($55,720.80) and Anderson Fire & Safety ($60,015.40). ______RECOMMENDED ACTION: Staff recommends purchasing the equipment from Rinehart Fire Services in the amount of $57,169.14. The City has used Rinehart Fire Services in the past for the purchase and maintenance of SCBAs with great success. We would like to continue to use this vendor due to our positive experience with them. ______DEPARTMENT Submitted: _Steve Camp______Date: 10/26/2020 Requested Agenda _City Council Date: 11/05/2020

FINANCE DEPARTMENT Budgeted ___Yes ___No ___N/A Date:

CITY ATTORNEY Approved as to Form and Correctness Date:

CITY MANAGER Approved Agenda Item For: Date: ______

COUNCIL ACTION: Approved as Recommended Disapproved Approved With Modification ___ Tabled To Time Certain ___ Other ______

DocuSign Envelope ID: A34B3B43-0F92-455E-A900-E686A9C5629A

PCCO #03

Bobbitt Design Build, LLC Project: 18-0053 - HARDEEVILLE INDOOR COMMUNITY CTR 1927 Thurmond Mall Blvd, Ste 102 JOHN SMITH RD AND MCTEER STREET Columbia, South Carolina 29201 HARDEEVILLE, South Carolina 29927 Phone: (803) 731-5550 SC Office Phone: 843-784-2231 Prime Contract Change Order #03: Delete Racquetball Scope

TO: City of Hardeeville FROM: BOBBITT DESIGN BUILD, LLC 205 Main Street 1927 Thurmond Mall Blvd Ste 102 HARDEEVILLE, South Carolina 29927 Columbia, South Carolina 29201 DATE CREATED: 10/05/2020 CREATED BY: Andria Franklin (Bobbitt Design Build, Inc.)

CONTRACT STATUS: Approved REVISION: 0 REQUEST RECEIVED Rhett Lott LOCATION: FROM: DESIGNATED REVIEWER: Christopher Bulmer (BOBBITT DESIGN REVIEWED BY: BUILD, LLC)

DUE DATE: 10/06/2020 REVIEW DATE: 10/05/2020 INVOICED DATE: PAID DATE: REFERENCE: CHANGE REASON: Client Request PAID IN FULL: No EXECUTED: No ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: 50 days REVISED SUBSTANTIAL 02/22/2021 COMPLETION DATE: FIELD CHANGE: No CONTRACT FOR: 180053:HARDEEVILLE INDOOR COMMUNITY TOTAL AMOUNT: ($329,287.00) DESCRIPTION: CE #11 - Delete Racquetball Scope Deduct for eliminating the gym, racquetball, weight room and walking track flooring - (-$245,980) Deduct for eliminating racquetball wall & ceiling systems - ($83,307)

ATTACHMENTS:

The original (Contract Sum) $8,093,004.00 Net change by previously authorized Change Orders ($54,716.00) The contract sum prior to this Change Order was $8,038,288.00 The contract sum will be decreased by this Change Order in the amount of ($329,287.00) The new contract sum including this Change Order will be $7,709,001.00 The contract time will be increased by this Change Order by 50 days. The Revised Substantial Completion Date will be 2/22/2021

City of Hardeeville BOBBITT DESIGN BUILD, LLC 205 Main Street 1927 Thurmond Mall Blvd Ste 102 HARDEEVILLE, South Carolina 29927 Columbia, South Carolina 29201

ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate10/5/2020 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE

Bobbitt Design Build, LLC page 1 of 1 Printed On: 10/5/2020 03:05 PM

RESOLUTION No. 2020-11-5D

A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL ACCEPTING PRIME CONTRACT CHANGE ORDER #03, AMENDING THE DESIGN BUILD CONTRACT FROM BOBBITT DESIGN BUILD, LLC. OF COLUMBIA, SC FOR THE CITY OF HARDEEVILLE INDOOR RECREATION AND COMMUNITY CENTER FACILITY AND AUTHORIZING THE CITY MANAGER TO APPROVE THE CHANGE ORDER ON BEHALF OF THE CITY

WHEREAS, the City selected Bobbitt Design Build, LLC of Columbia, South Carolina to provide design build services for planned City Facilities projects, including construction of a new Indoor Recreation Facility; and

WHEREAS, the City Council and City Staff have worked with Bobbitt Design Build to develop a project design and budget to accomplish the proposed project; and

WHEREAS, Bobbitt Design Build has presented a preliminary design and budget that has been reviewed by staff and found to accomplish the goals as defined by City Council in previous Council workshops and meetings; and

WHEREAS, an amendment to the Design Build Contract was approved by City Council at a regular meeting on December 12, 2019 with a construction cost of $8,093,004.00; and,

WHEREAS, Bobbitt Design Build has presented a change order to amend the construction contract to include an additional 50 days for construction due to delays caused by weather as well as monetary deductions for flooring and racquetball wall and ceiling systems;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hardeeville, SC:

1. The City Council accepts Prime Contract Change Order #03: Delete Racquetball Scope (PCCO #03) amending the Design/Build Contract from Bobbitt Design Build, LLC in amount of <$329,287.00> and adding 50 days to the project schedule, making the scheduled Date of Substantial Completion February 22, 2021 . 2. The City Manager is authorized to approve PCCO #03 on behalf of the City.

PASSED AND ADOPTED by the City Council of the City of Hardeeville, SC this 5th day of November 2020.

CITY OF HARDEEVILLE, SC

______By: It’s MAYOR

ATTEST:

______CITY CLERK

APPROVED AS TO FORM AND CORRECTNESS:

______CITY ATTORNEY

CITY COUNCIL AGENDA ITEM ______

SUBJECT: A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL ACCEPTING PRIME CONTRACT CHANGE ORDER #03, AMENDING THE DESIGN BUILD CONTRACT FROM BOBBITT DESIGN BUILD, LLC. OF COLUMBIA, SC FOR THE CITY OF HARDEEVILLE INDOOR RECREATION AND COMMUNITY CENTER FACILITY AND AUTHORIZING THE CITY MANAGER TO APPROVE THE CHANGE ORDER ON BEHALF OF THE CITY DEPARTMENT: ATTACHMENTS: Ordinance x _ Resolution ___ Motion x__ Support Documents ___ Appointment ___ Other ______SUMMARY: Change order (PCCO #03) for the Indoor Recreation Community Center project deducting the gymnasium flooring and the racquetball court systems from Bobbitt’s scope of work; the flooring and racquetball courts will be installed by the sub-contractor that is providing the gymnasium equipment as directly contracted by the City. The total deduction from the construction contract will be -$329,287.00.

This change order also requests an extension of 50 days for construction, making the scheduled date for substantial completion February 22, 2021. The extension was requested due to weather delays. ______RECOMMENDED ACTION: Adoption of Resolution 2020-11-5D ______DEPARTMENT Submitted: _Rhett Lott______Date: 10/29/20 Requested Agenda _Reg. Meeting____ Date: 11/5/20

FINANCE DEPARTMENT Budgeted ___Yes ___No ___N/A Date:

CITY ATTORNEY Approved as to Form and Correctness Date:

CITY MANAGER Approved Agenda Item For: Date: ______

COUNCIL ACTION: Approved as Recommended Disapproved Approved With Modification ___ Tabled To Time Certain ___ Other ______MEMORANDUM OF UNDERSTANDING REGARDING CONDEMNATION OF PROPERTY

This MEMORANDUM OF UNDERSTANDING (this “Agreement”), dated as of November ______, 2020, is made and entered into by and between WA HOLDINGS SOUTH, LLC, a South Carolina limited liability company (“WA Holdings”), GL HOLDINGS, LLC, a South Carolina limited liability company (“GL Holdings”), and CITY OF HARDEEVILLE, SOUTH CAROLINA (“City”). Collectively, WA Holdings, GL Holdings and the City are referred to as the “Parties.”

WITNESSETH

WHEREAS, the City of Hardeeville duly enacted both a Development Agreement and accompanying Planned Development District (PDD) Zoning for the entire West Argent Tract, in 2005, as subsequently amended, including the Second Restated and Amended Development Agreement (Argent West Tract) by and between Core Communities of South Carolina, LLC, a South Carolina limited liability company and the governmental authority of the City of Hardeeville, South Carolina, dated October 21, 2008, and recorded in Deed Book 708, page 1, Jasper County, South Carolina records, as supplemented and amended by amendments recorded in Deed Book 788, page 174; Deed Book 807, page 73; and Deed Book 870, page 75, Jasper County, South Carolina records (the “Development Agreement”);

WHEREAS, the Development Agreement affects approximately 5,246 acres of land, more or less, known as the West Argent Tract (the “West Argent Tract”);

WHEREAS, WA Holdings purchased a portion of the West Argent Tract on December 31, 2019, said property being more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “WA Holdings Parcel”);

WHEREAS, GL Holdings (an affiliate of WA Holdings) purchased a portion of the West Argent Tract on December 31, 2019, known as “Parcel 1” containing 305.59 acres, more or less, “Parcel 2” containing 479.74 acres, more or less, “Parcel 4” containing 17.82 acres, more or less, and “Parcel 5” containing 3.18 acres, more or less, as more particularly described on Exhibit “B”, attached hereto and incorporated herein by this reference (each parcel hereinafter referred to by its parcel number (i.e. “Parcel 1”, “Parcel 2”, etc. and collectively referred to as the “GL Holdings Parcel”);

WHEREAS, prior to acquisition of WA Holdings Tract and the GL Holdings Tract, said parties received, as assignees of Argent Land Holdings, LLC, a document from the City entitled Argent West Development Agreement Estoppel Certificate, dated October 29, 2019 (the “Estoppel Certificate”);

WHEREAS, the Estoppel Certificate provided in part as follows:

The City has confirmed that pedestrian and vehicular access and utility and drainage access to the Property (the “Access Rights”) from U.S. Highway 278 over Lakeside Boulevard and over those areas identified as “Future R/W” and “66’ Relocatable [sic] Ingress/Egress Easement, Plat

1 Book 27, page 375” on that plat entitled “A Plat of Garden Lakes Estates, Lakeside Boulevard, Hilton Head Lakes North, A Portion of TMS 042 00 06 042, City of Hardeeville, Jasper County, South Carolina”, prepared by Donald R. Cook, Jr., S.C.P.L.S. No. 19010, dated September 2, 2014, and recorded in Plat Book 33, page 276, Jasper County records (the “Plat”) serves a significant public purpose by allowing for the development of the Property and the payment to the City of the development fees referenced in Section 4 above.”

WHEREAS, the Access Rights, as defined above, refer to generally the right of access across Parcel 1 of the GL Holdings Parcel to the WA Holdings Parcel;

WHERAS, the Access Rights are ambiguous as the result of that Conservation Easement and Declaration of Restrictions and Covenants by and between Garden Lakes Estates, LLC and North American Land Trust, dated December 26, 2014, and recorded in Deed Book 886, page 899, Jasper County, South Carolina records, which prohibits development, but shows the proposed access roads on the referenced plat;

WHEREAS, the WA Holdings Parcel cannot be developed as anticipated by the Development Agreement without the Access Rights;

WHEREAS, the City desires to acquire said Access Rights pursuant to its power of eminent domain for the significant public purpose of allowing the WA Holdings Parcel to be developed as anticipated by the Development Agreement;

WHEREAS, WA Holdings and GL Holdings have provided surveys of the areas needed for the Access Rights attached hereto as Exhibit “C” and Exhibit “D”, and legal descriptions of the area needed for the Access Rights attached hereto as Exhibit “E” and incorporated herein by this reference (the area so described being hereinafter referred to as the “Property”)

WHEREAS, GL Holdings does not oppose the taking of the Property in exchange for the payment to GL Holdings of the fair market value of the Property;

WHEREAS, GL Holdings paid $500,000 for 806.33 total acres in the GL Holdings Parcel, which equals approximately $620 per acre;

WHEREAS, the City and GL Holdings agree that the estimated purchase price of the Property was $620 x 20.5 acres = $12,710.00, but acknowledge that the fair market value of the Property must be determined by a MAI certified appraiser;

WHEREAS, WA Holdings also does not oppose the taking of the Property and desires to enter into an agreement to construct infrastructure, including, but not limited to roads, utilities and drainage structures within the Property in accordance with the terms of the Development Agreement; and

WHEREAS, the Parties desire to enter into this Memorandum of Agreement confirming the terms and conditions of their understanding regarding the foregoing matters;

2 NOW THEREFORE, for and in consideration of ten and no/100 dollars and the mutual considerations and agreements set forth herein, the parties hereto hereby agree, as follows:

1. CONDEMNATION. In consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City agrees to acquire the Property for fair market value utilizing its power of eminent domain and GL Holdings and WA Holdings agree not to oppose or dispute said condemnation. The condemnation deed shall specifically state that the Property is being purchased free and clear of the Conservation Easement, and any other restrictions or covenants that would prevent the development of the Property for a roadway and utility corridor to serve the WA Holdings Parcel and adjacent parcels.

2. JOINT USE OF THE PROPERTY. The City and WA Holdings agree to enter into a joint use and maintenance agreement (the “Joint Use Agreement”) containing the following terms and conditions:

a. WA Holdings will reimburse all of the City’s out of pocket costs related to the condemnation of the Property and the Joint Use Agreement;

b. The execution of the Joint Use Agreement shall occur within 60 days after the date hereof;

c. The Joint Use Agreement shall allow WA Holdings to develop the Property for a public roadway and utility corridor with drainage facilities to serve the WA Holdings Parcel, and other properties located adjacent thereto, at the sole cost and expense of WA Holdings, in accordance with the terms of the Development Agreement;

d. The Joint Use Agreement shall provide that WA Holdings, its successors and assigns, or a property owners association created for said purpose, shall maintain the public roadway and utility corridor with drainage facilities and that the City shall not have any maintenance responsibility unless and until the City elects to accept the public roadway and utility corridor with drainage facilities for maintenance, in the City’s sole discretion, pursuant to the terms of the Development Agreement.

3. THIRD PARTY COMMUNICATIONS; CONFIDENTIALITY. The issues governed by this Agreement and all other materials received in connection with these matters are to be treated as confidential and not disclosed to any third party except (a) to those of WA Holdings’, GL Holdings’ and the City’s employees, advisors, or representatives who need to know such information and are informed of the confidential nature of such information, or (b) by WA Holdings, GL Holdings or the City as required by law. This confidentiality requirement shall expire upon the closing and the City’s sale of title to the Property.

4. BROKERAGE. The parties hereby represent and warrant to one another that they have not dealt with any broker or finder in respect to the transaction contemplated hereby.

3 5. ASSIGNMENT. This Agreement may not be assigned to any other party without the prior written consent of the other party hereto, which consent may be withheld in such party’s sole discretion, except that this Agreement may be assigned to the purchaser of all of the WA Holdings Parcel or the GL Holdings Parcel, as the case may be. This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto.

6. MISCELLANEOUS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. All parties to this Agreement need not sign the same counterpart of this Agreement provided that all parties have signed at least one counterpart of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Time is of the essence in this Agreement. If any provision of this Agreement shall be unenforceable or invalid, the same shall not affect the remaining provisions of this Agreement and to this end the provisions of this Agreement are intended to be and shall be severable.

7. NOTICES: All notices, consents and approvals required or permitted by this agreement shall be in writing and shall be deemed delivered; upon personal delivery, upon the expiration of three (3) business days following mailing by U.S. first class mail, or upon the next business day following mailing by a nationally recognized overnight carrier, to the parties as follows:

City:

City of Hardeeville, South Carolina 205 Main Street Hardeeville, South Carolina 29927

WA Holdings:

11675 Rainwater Drive, Ste 220 Alpharetta, Georgia 30009

GL Holdings:

11675 Rainwater Drive, Ste 220 Alpharetta, Georgia 30009

With Copy to: Robert B. Brannen, Jr. Esq. Bouhan Falligant, LLP One West Park Avenue Savannah, Georgia 31401

8. PROPERTY AS-IS AND RELEASES BY WA HOLDINGS.

4 (a) AS A MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, WA HOLDINGS AND THE CITY AGREE THAT WA HOLDINGS IS TAKING THE PROPERTY “AS-IS,” “WHERE IS,” “WITH ALL FAULTS” AND WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY THE CITY OF ANY KIND, INCLUDING WITHOUT LIMITATION THAT THE PROPERTY IS MERCHANTABLE OR IS FIT FOR A PARTICULAR PURPOSE. WA HOLDINGS HAS HAD FULL OPPORTUNITY TO INSPECT THE PROPERTY AND IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY’S CONDITION, BUT IS RELYING UPON ITS EXAMINATION OF THE PROPERTY.

(b) WA HOLDINGS ACKNOWLEDGES AND AGREES THAT NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY THE CITY, OR BY ANY PERSON, FIRM OR AGENT ACTING OR PURPORTING TO ACT ON BEHALF OF THE CITY, AS TO (I) THE PRESENCE OR ABSENCE ON OR IN THE PROPERTY OF ANY HAZARDOUS SUBSTANCE, (II) THE CONDITION OR REPAIR OF THE PROPERTY OR ANY PORTION THEREOF, (III) THE VALUE OR EXPENSE OF CONSTRUCTING IMPROVEMENTS ON THE PROPERTY OR OPERATION OF SUCH IMPROVEMENTS ON THE PROPERTY, (IV) THE ACCURACY OR COMPLETENESS OF ANY TITLE, SURVEY OR OTHER INFORMATION PROVIDED TO THE CITY RELATIVE TO THE PROPERTY, OR (V) ANY OTHER FACT OR CONDITION WHICH HAS OR MIGHT AFFECT THE PROPERTY OR THE CONDITION, REPAIR, VALUE, OR EXPENSE OF OPERATION. WA HOLDINGS REPRESENTS THAT WA HOLDINGS IS KNOWLEDGEABLE AND EXPERIENCED IN THE OPERATION OF PROPERTIES COMPARABLE TO THE PROPERTY AND AGREES THAT WA HOLDINGS WILL BE RELYING SOLELY ON WA HOLDINGS' INSPECTIONS OF THE PROPERTY.

(c) WA HOLDINGS AND ANYONE CLAIMING BY, THROUGH OR UNDER WA HOLDINGS HEREBY FULLY AND IRREVOCABLY RELEASE THE CITY, AND ITS AFFILIATES, PREDECESSORS, SUCCESSORS, AND THEIR AGENTS AND REPRESENTATIVES (“RELEASED PARTIES”), FROM ANY AND ALL CLAIMS THAT WA HOLDINGS MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST THE CITY OR RELEASED PARTIES FOR ANY COST, LOSS, LIABILITY, DAMAGE, PENALTY, EXPENSE, ACTION OR CAUSE OF ACTION, WHETHER FORESEEN OR UNFORESEEN, ARISING FROM OR RELATED TO CONDITIONS AT THE PROPERTY (WHETHER PATENT OR LATENT). WA HOLDINGS AND ANYONE CLAIMING BY, THROUGH OR UNDER WA HOLDINGS AGREE NEVER TO COMMENCE, AID IN ANY WAY, PROSECUTE, OR CAUSE TO BE COMMENCED OR PROSECUTED AGAINST THE RELEASED PARTIES ANY ACTION OR OTHER PROCEEDING BASED UPON ANY CLAIM THAT IS RELEASED HEREBY.

THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE INDEFINITELY THE CLOSING.

IN WITNESS WHEREOF this Agreement is executed as of the date first set forth above.

“The City”

City of Hardeeville, South Carolina

By: Printed Name: Title:

[Signatures continued on next page]

“WA Holdings”

WA HOLDINGS SOUTH, LLC

By: James H. Sinnott, as President

“GL Holdings”

GL HOLDINGS, LLC

By: James H. Sinnott, as President

7 EXHIBIT “A” LEGAL DESCRIPTION

WA HOLDINGS PARCEL

Tract 1:

All those certain pieces, parcels or tracts of land located in Jasper County, South Carolina, containing 5,011.127 acres, more or less, and being more particularly described as Parcels A, B, C, and E on that plat entitled “A Plat of 5,011.127 Acres, Being a Portion of West Argent Tract,” prepared by Thomas & Hutton Engineering Co., and certified by Boyce L. Young, S.C.R.L.S. No. 11079, dated April 1, 2005, last revised September 14, 2005,and recorded in Plat Book 28, pages 200-204, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

Tax Map Number: Parcel A: 042-00-06-042 Parcel A: 042-00-06-045 Parcel A: 042-00-06-068 Parcel B: 042-00-05-054 Parcel C: 42-00-04-030 Parcel E: 042-00-04-031

Tract 2:

All that certain piece, parcel or tract of land located in Jasper County, South Carolina, containing 235.47 acres, more or less, and being more particularly described on the plat entitled “A Boundary Plat of the Omega Tract formerly known as Parcel B, TMP 042-00-06-038, being a Portion of the Argent Tract”, prepared by Thomas & Hutton Engineering Co., and certified by Boyce L. Young, S.C.R.L.S. No. 11079, dated July 14, 2005, last revised September 14, 2005, and recorded in Plat Book 28, page 199, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

Tax Map Number: 042-00-06-038

LESS AND EXCEPT from the above descriptions of Tract 1 and Tract 2:

All that certain piece, parcel or tract of land in Jasper County, South Carolina, shown as TRACT 2, CONTAINING 9.30 ACRES, more or less, on a survey prepared for South Carolina Electric & Gas Company by Michael Jim Gardner, S.C.R.L.S. No. 12239, dated July 30, 2008, last revised November 18, 2008, and recorded in Plat Book 31, page 292, Jasper County, South Carolina records.

LESS AND EXCEPT from the above descriptions of Tract 1 and Tract 2:

8 The following described property is located within the lands shown on the survey of ARGENT WEST AREA 1 TRACT, entitled “A Plat of Argent West Area 1 Tract, a Portion of Argent Tract, City of Hardeeville, Jasper County, South Carolina”, prepared by Michael Jim Gardner, S.C.R.L.S. No. 12239, dated January 31, 2007, and recorded in Plat Book 29, page 349, Jasper County, South Carolina records.

LEGAL DESCRIPTION – ARGENT WEST AREA 1 TRACT:

Commencing at a point approximately 2.5 miles southeast of the northwestern intersection of the right of way of South Carolina Highway 141, also known as Argent Boulevard, and the Right of Way of US Highway 278, being the Point of Commencement at South Carolina State Plane Grid (NAD 83) North 172,453.50 East 1,996,877.67, thence traveling the following courses:

Beginning at a point, said point being the POINT OF BEGINNING South 79°08'23" West, a distance of 732.30' to a point; thence North 10°51'37" West, a distance of 150.00' to a point; thence South 79°08'23" West, a distance of 100.00' to a point; thence South 10°51'37" East, a distance of 150.00' to a point; thence South 79°08'23" West, a distance of 1,699.44' to a point; thence North 10°51'37" West, a distance of 150.00' to a point; thence South 79°08'23" West, a distance of 100.00' to a point; thence South 10°51'37" East, a distance of 150.00' to a point; thence South 79°08'23" West, a distance of 843.90' to a point; thence North 10°51'37" West, a distance of 150.00' to a point; thence South 79°08'23" West, a distance of 100.00' to a point; thence South 10°51'37" East, a distance of 150.00' to a point; thence South 79°08'23" West, a distance of 535.00' to a point; thence North 10°51'37" West, a distance of 19.41' to a point; thence North 35°10'54" West, a distance of 1,398.76' to a point; thence North 70°12'54" East, a distance of 1,681.75' to a point; thence North 34°04'26" West, a distance of 894.97' to a point; thence North 64°32'27" East, a distance of 67.81' to a point; thence North 79°47'37" East, a distance of 62.31' to a point; thence North 10°12'23" West, a distance of 66.00' to a point; thence South 79°47'37" West, a distance of 71.15' to a point; thence South 64°32'27" West, a distance of 86.64' to a point; thence North 34°04'26" West, a distance of 86.52' to a point; thence North 07°37'25" West, a distance of 1,130.74' to a point; thence North 40°01'03" West, a distance of 943.62' to a point; thence North 40°28'07" East, a distance of 2,229.53' to a point; thence North 44°04'26" West, a distance of 3,788.62' to a point, thence North 90°00'00" West, a distance of 1,453.51' to a point; thence North 23°28'53" East, a distance of 1,765.44' to a point; thence North 23°26'13" East, a distance of 7,398.03' to a point; thence South 66°28'30" East, a distance of 3,827.08' to a point; thence South 00°19'16" West, a distance of 1,736.33' to a point; thence South 52°14'23" East, a distance of 663.37' to a point; thence South 00°00'00" East, a distance of 2,267.33' to a point; thence South 60°46'01" East, a distance of 1,959.74' to a point; thence South 30°41'18" West, a distance of 2,209.67' to a point; thence South 11°06'03" East, a distance of 1,184.31' to a point; thence South 23°51'05" West, a distance of 2,256.75' to a point; thence South 61°07'45" West, a distance of 1,132.67' to a point; thence South 24°57'29" East, a distance of 540.39' to a point; thence South 81°05'27" East, a distance of 588.55' to a point; thence South 26°08'44" East, a distance of 672.70' to a point; thence South 36°13'11" West, a distance of 760.85' to a point; thence South 44°05'14" East, a distance of 919.84' to a point; thence South 38°03'57" West, a distance of 1,178.09' to a

9 point; thence South 10°57'36" East, a distance of 549.02' to a point; thence to the POINT OF BEGINNING. Containing 86,278,421 square feet or 1,980.68 acres, more or less.

TOGETHER WITH the following easement rights appurtenant to Tract 1 and Tract 2:

Easement Area 1 (Tradition Avenue):

Easement rights conveyed pursuant to that Clerk of Court’s Deed from Margaret Bostick, Clerk of Court for Jasper County to THH Acquisitions, LLC, dated November 29, 2011, and recorded in Deed Book 818, page 342, Jasper County, South Carolina records over those areas designated as “Access Easement – 1”, containing 33.72 acres, more or less, and “Access Easement -2” containing 17.18 acres, more or less, which parcels are more fully shown on the plat of survey entitled “A Plat of 33.72 Ac. Access Easement & 17.18 Ac. Access Easement, Tradition, SC, TMS 042-00- 02-012, City of Hardeeville, Jasper County, SC,” prepared by Michael Jim Gardner, S.C.R.L.S. No. 12239, dated November 14, 2006, and recorded in Plat Book 29, page 264, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

Easement Area 2 (Omega Access):

Easement rights in that Limited Warranty Indenture Deed for Argent from SP Forests L.L.C., a Delaware Limited Liability Company to Omega 1, LLC, a South Carolina limited liability company, dated July 29, 2009, and recorded in Book 205, page 260, Jasper County, South Carolina records over, along and under that sixty-six (66) foot wide area described as “Bucks Only Road” as shown on that plat entitled “A Plat of Parcels “A”, “B” and an Out Parcel know as The Red Dam Baptist Church Being a Portion of the Argent Tract”, prepared by Boyce L. Young, S.C.R.L.S. No. 11079, dated May 12, 1999, last revised June 28, 1999, and recorded in Plat Book 24, page 2, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

Easement Area 3 (School District Access):

Easement rights reserved in that Title to Real Estate from International Paper Realty Corporation, a Delaware corporation to Jasper County School District, a South Carolina public body, dated December 4, 2003, and recorded in Deed Book 287, page 71, Jasper County, South Carolina records, over, along and under that sixty-six (66) foot wide area shown as “66’ Permanent Access Utility Easement” on that plat entitled “88.872 acres being a Portion of the West Side of the Argent Tract,” prepared by Boyce L. Young, SC.R. L. S. No. 079, dated November 3, 2003, and recorded in Plat Book 27, page 52, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

10 Derivation:

Said property is a portion of the same property conveyed to THH Acquisitions, LLC from Margaret Bostick, as Clerk of Court for Jasper County, by virtue of that certain Clerk of Court’s Deed, dated October 29, 2011 and recorded in Deed Book 818, page 342, Jasper County, South Carolina records.

Prepared by:

Robert B. Brannen, Jr. Bouhan Falligant LLP One West Park Avenue Savannah, Ga 31401 (912)232-7000

11 EXHIBIT “B” LEGAL DESCRIPTION

GL HOLDINGS PARCEL

ALL those certain pieces, parcels or tracts of land, situate, lying and being in the City of Hardeeville, Jasper County, South Carolina, shown and designated as

“Parcel 1” containing 305.59 acres, more or less, “Parcel 2” containing 479.74 acres, more or less, “Parcel 4” containing 17.82 acres, more or less, and “Parcel 5” containing 3.18 acres, more or less,

on that certain plat entitled “A Plat of Garden Lakes Estates, Lakeside Boulevard, Hilton Head Lakes North, A Portion of TMS 042-00-06-042, City of Hardeeville, Jasper County, South Carolina” dated September 2, 2014 and last revised October 14, 2014, prepared by Cook Land Surveying, certified by Donald R. Cook, Jr., P.L.S. (SC No. 19010), and recorded in the Jasper County Records in Plat Book 33 at Page 276 (the “Plat”). For a more detailed description as to the metes and bounds, courses and distances, reference is had to the aforementioned recorded plat.

TM: 042-00-06-060 042-00-06-061 042-00-06-063 (which includes 042-00-06-046) 042-00-06-064 042-00-06-069 042-00-06-078

Said property is the remaining portion of that property conveyed to Garden Lakes Estates, LLC by SLF IV / SBI West Argent, LLC dated October 10, 2014, and recorded in Book 882, Page 540, in the Jasper County, South Carolina records.

SUBJECT TO the reservation to SLF IV / SBI West Argent, LLC, its successors and assigns, of a perpetual, appendant, appurtenant, non-exclusive easement of access, passage, maintenance and use on, over, across and through the portions of the above property shown and designated as “15' Cart Path Easement” on the Plat, for the purpose of pedestrian, golf cart and maintenance vehicles access, ingress and egress, to and from The Golf Club at Hilton Head Lakes and for the purpose of installation and maintenance of signage, and construction, maintenance, and repair of the golf cart path and underground irrigation lines serving The Golf Club at Hilton Head Lakes.

For a more detailed description as to the metes and bounds, courses and distances, reference is had to the aforementioned recorded plats.

Prepared by: Robert B. Brannen, Jr., Esq. Bouhan Falligant LLP One West Park Avenue Savannah, Georgia 31401

12 EXHIBIT “C” SURVEY OF 0.81 ACRE RIGHT OF WAY EXTENSION

13 EXHIBIT “D” SURVEY OF 19.69 ACRE RIGHT OF WAY EXTENSION

15 EXHIBIT “E” LEGAL DESCRIPTION

0.81 Acre Right of Way Extension

All that certain lot, tract or parcel of land, situate, lying and being in the City of Hardeeville, Jasper County, South Carolina, and shown as RIGHT OF WAY EXTENSION 0.81 AC., on that Subdivision Plat entitled “A Plat of Right of Way Extension, 0.81 Ac., Lakeside Boulevard, garden Lakes Estates, Hilton Head Lakes North, TMS 042-00-06-060, City of Hardeeville, Jasper County, South Carolina” prepared by Cook Land Surveying Inc., bearing the seal and certification of Donald R. Cook, Jr., South Carolina Professional Land Surveyor No. 19010, dated August 20, 2020, and recorded in Plat Book ____, Page ____, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

Tax Map Number: 042-00-06-060

19.69 Acre Right of Way Extension

All that certain lot, tract or parcel of land, situate, lying and being in the City of Hardeeville, Jasper County, South Carolina, and shown as RIGHT OF WAY EXTENSION 19.69 AC., on that Subdivision Plat entitled “A Plat of Right of Way Extension, 19.69 Ac., Lakeside Boulevard, Garden Lakes Estates, Hilton Head Lakes North, TMS 042-00-06-060, City of Hardeeville, Jasper County, South Carolina” prepared by Cook Land Surveying Inc., bearing the seal and certification of Donald R. Cook, Jr., South Carolina Professional Land Surveyor No. 19010, dated August 20, 2020, and recorded in Plat Book ____, Page ____, Jasper County, South Carolina records, said plat being incorporated herein and made a part hereof by this reference.

Tax Map Number: 042-00-06-060

This is the same property conveyed to GL Holdings, LLC by Title to Real Estate from Garden Lakes Estates, LLC dated December 19, 2019, and recorded in Deed Book 1028, Page 378, Jasper County, South Carolina records.

Prepared by:

Robert B. Brannen, Jr., Esq. Bouhan Falligant LLP One West Park Avenue Savannah, Georgia 31401

4832-0234-4655, v. 1

16 A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL ENTERING INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HARDEEVILLE AND WA HOLDINGS SOUTH, LLC AND GL HOLDINGS, LLC (WA & GA HOLDINGS) ESTABLISHING A METHOD TO CLARIFY DEVELOPMENT RIGHTS OUTLINED IN THE WEST ARGENT DEVELOPMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY

RESOLUTION NO. 2020-11-5E

WHEREAS, the City of Hardeeville is committed to economic development projects; and

WHEREAS, the West Argent Development Agreement (“Development Agreement”) encompasses approximately 5,246 acres of land; and

WHEREAS, WA Holdings South LLC and GL Holdings LLC own portions of the land encompassed by the Development Agreement; and

WHEREAS, WA & GA Holdings need access over the conservation easement shown on the attached exhibit A and has asked the City to exercise its power of eminent domain in order to assure such access; and

WHEREAS, such access was contemplated by the Development Agreement prior to the creation of the conservation easement; and

WHEREAS, the WA & GA Holdings and the City agree the access is in the public benefit and the attached MOU outlines the terms of such agreement.

NOW, THEREFORE BE IT RESOLVED, the City of Hardeeville City Council, in council meeting duly assembled, does hereby enter into a Memorandum of Understanding between the City of Hardeeville and WA Holdings South, LLC and GL Holdings, LLC and authorizes the City Manager to execute the agreement on behalf of the City.

In witness thereof this 5th day of November 2020.

______Harry Williams, Mayor

Attest: ______Lori Pomarico, City Clerk (Seal)

CITY COUNCIL AGENDA ITEM ______

SUBJECT: A Resolution of the City of Hardeeville, SC to enter into a Memorandum of Understanding with WA Holdings LLC regarding the condemnation of property for access to the Argent West development which specifies the obligations and the parties and the payment of all costs for the obligations.

DEPARTMENT:

ATTACHMENTS: Ordinance X _ Resolution ___ Motion _X_ Support Documents ___ Appointment ___ Other ______SUMMARY: The City approved a planned development district, interim master plan, and development agreement for the Argent west tract which consists of approximately 5,246 acres in 2008. The development was purchased on January 1, 2020 by WA Holdings South LLC along with GL Holdings LLC (an affiliate of WA Holdings LLC) in order to proceed with the orderly development of the Argent west tract. The plans adopted in 2008 clearly identify access for vehicles, pedestrians, utilities, and drainage in an area near Lakeside Blvd. In 2014 another company who previously owned the property placed a conservation easement along with deed restrictions on the previously identified access which would severely hinder the ability of the property owner to develop the property pursuant to the approved PDD, IMP, and DA. The current property owner is requesting that the City utilize its eminent domain authority to condemn the property for a public purpose to completely clarify the access rights for the development. The MOU specifies the responsibilities of the party relating to condemnation of the access and the payment of all incurred fees and costs.

______RECOMMENDED ACTION: Adopt Resolution 2020-11-5E which is a Memorandum of Understanding with WA Holdings LLC regarding the condemnation of property for access to the Argent West development which specifies the obligations and the parties and the payment of all costs for the obligations. ______DEPARTMENT Submitted: ___M.Czymbor_____ Date: 10/28/20 Requested Agenda _City Council______Date: 11/5/20

FINANCE DEPARTMENT Budgeted ___Yes ___No ___N/A Date:

CITY ATTORNEY Approved as to Form and Correctness Date:

CITY MANAGER Approved Agenda Item For: Date: ______

COUNCIL ACTION: Approved as Recommended Disapproved Approved With Modification ___ Tabled To Time Certain ___ Other ______

Quarterly Application Submittal Deadlines: June 30, September 30, December 31, and March 31 by noon

Revised: 10-30-18 CITY OF HARDEEVILLE ACCOMMODATIONS TAX APPLICATION FOR FUNDS

Purpose: This form outlines the basic information required by the City of Hardeeville and the City's Accommodation Tax Committee in making determination for the distribution of funds generated by the City’s Accommodation's Tax. It is imperative that all information requested in the form is provided just as outlined in its entirety or the application will not be accepted. Please call the City if you have any questions.

Application Criteria: Local Accommodations Tax Grants (State Law): 1. To pay, in whole or in part, for the current and future construction, enhancement, preservation and maintenance of: A. tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums: B. tourism related cultural, recreational, or historic facilities: C. beach access and renourishment; D. highways, roads, streets, and bridges providing access to tourist destinations: E. advertisements and promotions related to tourism development; F. water and sewer infrastructure to serve tourism-related demand. 2. To pay, in whole or in part, for the operation and maintenance of those items provided for above, including police; fire protection; emergency medical services; and emergency-preparedness operations directly attendant to those facilities.

State Accommodations Tax Grants (State Law):

1. As applicable to Hardeeville, the state law (see copy attached and 6-4-10 in particular) specifies three groups in general which are entitled to receive bed tax funds after other mandated distributions have been made from the total funds available:

City government: "Based on the estimated percentage of costs directly attributed to tourists," City expenditures for "the criminal justice system, law enforcement, fire protection, solid waste collection and health facilities when required to serve tourists and tourist facilities." See 6-4-10(b) and (b.4).

For Cities, such as Hardeeville, with a high concentration of tourism activity, bed tax also may be used by the City to provide additional services "to promote tourism and enlarge its economic benefits through advertising, promotion and providing those facilities and services which enhance the ability of the City to attract and provide for tourists" beyond those services normally provided by the City.

Qualified groups advertising and promoting tourism in order to develop and increase tourism. See 6-4-10(b.1).

Qualified sponsors of arts and cultural events and for construction, maintenance and operation of facilities for civic and cultural activities. See 6-4-10(b.2 and b.3).

Other precisely specified projects such as parks. See 6-4-10(b.5-8).

2. The law requires that the funds be spent "primarily in the geographical area ... (of Hardeeville)." See 6-4-10(d). Therefore, the committee will not look with favor on applications for funds to be spent outside the City or for activities or enterprises conducted outside the City.

3. Applications must be filed by the publicly announced filing deadline, except that the Committee may, for extraordinary or emergency reasons which prevent timely filing, extend the filing deadline; provided, however, that the date for obtaining the application form shall not be extended except by special Committee action.

State Accommodations Tax Grants (continued) Requirements for Tourism-related Expenditures As stated above, any money in the Tourism-related Fund must be spent on tourism-related expenditures. Section 6-4-10(4) (b)-(d) states: (b) The funds received by a county or municipality which has a high concentration of tourism may be used to provide additional county and municipal services, including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county to attract and provide for tourists.

"Tourism-related expenditures" include: 1. advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;

2. promotion of the arts and cultural events;

3. construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and the nearby roads and utilities for the facilities;

4. the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;

5. public facilities such as restrooms, dressing rooms, parks, and parking lots;

6. tourist shuttle transportation;

7. control and repair of waterfront erosion;

8. operating visitor information centers.

(c) Allocations to the special fund must be spent by the municipality or county within two years of receipt. If the allocations are not spent within two years, the municipality or county is subject to the provisions of Section 6-4-30(6). However, the time limit may be extended upon the recommendation of the county or municipality and approval of the South Carolina Accommodations Tax Oversight Committee in Section 6-4-30. An extension must include provisions that funds be committed for a specific project or program.

(d) In the expenditure of these funds, counties and municipalities are required to promote tourism and make tourism-related expenditures primarily in geographical areas of the county or municipality in which the proceeds of the tax are collected where it is practical.

Under the statute, in order to qualify as a "tourism-related expenditure" an expenditure must meet the following two tests: (1) The expenditure must be used to attract or provide for tourists.

(2) The expenditure cannot be used for an item that would normally be provided by the county or municipality.

Additionally, if a county or municipality wishes to use Tourism-related Funds to provide additional county or municipal services, including, but not limited to, law enforcement, traffic control, public facilities and highway and street maintenance, the expenditure must also meet the following three requirements:

(a) the expenditure must be for items that would normally not be provided by the county (i.e., if the item would be required even if the county or municipality had no tourist activity, then Tourism-related Funds may not be used to pay for the expenditure);

(b) the county or municipality must have a high concentration of tourism activity; and

Counties and municipalities that do not have a high concentration of tourism activity may not use Tourism-related Funds to fund additional county or municipal services.

4 NOTES AND GUIDELINES TO THE APPLICATION 1. Grants from the City of Hardeeville’s Accommodations Tax Committee should be considered supplementary to the budget of any applicant. The Committee encourages applicants to seek other funding sources and to develop diversified financial support. Grant requests should reflect genuine need for the proposed activities. Applicants should carefully assess their own needs and resources, and apply accordingly. Expectation is that organizations would work toward financial autonomy or other funding sources. 2. All advertising for the City of Hardeeville must incorporate the City’s logo.

3. Grant applications reviewed by the Committee are ranked based on the following priorities: advertising, festivals, and other events which are used to draw in tourism. The Committee also gives higher ranking to Bluffton organizations based on SC Code of Law Section 6-4-10 stating that counties and municipalities are required to promote tourism and tourism-related expenditures primarily in the geographical areas of the country or municipality in which the proceeds of the tax are collected where practical.

4. Funding in one quarter or calendar year does not automatically ensure funding in subsequent quarters or calendar years. Organizations applying for accommodations tax funding must file an application for each request, each quarter.

5. Certain tourism-related expenditures must be awarded on a "percentage of tourism" basis. Applicants must be able to substantiate how much of the total expenditure is related to tourism, and must be able to provide the "percentage of tourism" to the total budget of the project. 6. "Travel" and "Tourism" mean the action and activities of people taking trips outside their home communities for any purpose, except daily commuting to and from work. 7. The application form (attached) lists, in order, questions that must be addressed and critical information that is sought by the Committee in each application. 8. No item should be left blank. If a question does not apply to your particular application, then so note with the phrase, "Does not apply." 9. A line-item project budget, and the current balance sheet and financial statement(s) must be supplied by the sponsoring organization, group or individual and appended to the application. These need not be certified as audited, but must be attested to as the organization's official statement of financial condition.

a. A typical line-item budget for the project for which you will seek funds will separately list income and expenses. For example: Income (revenue received from ticket sales, grants, sponsors, sales of items, and any other related income revenue); and Expenses (salaries, cost of merchandise, supplies, printing costs, postage, advertising, and other related expenses).

5 b. A typical "current balance sheet" means your organization's most recent fiscal year reflecting the assets and liabilities of your organization.

c. A typical "financial statement" means an accounting statement of all income and expenses (profit and loss) of your organization for the most recent fiscal year.

10. A financial history must support any claims of past income or expense performance used as a basis for financial viability of the project.

11. A form for the accounting of previous funding is attached and should be completed and submitted at the completion of a particular event / project. As an exception, the final reporting forms are accepted annually for projects that are ongoing throughout the year with funds requested each quarter for the same event / project.

12. IF YOU HAVE RECEIVED PREVIOUS FUNDING, YOU SHOULD BE PREPARED AT THE HEARING TO DISCUSS HOW YOU SPENT THE FUNDS AND WHETHER OR NOT YOU ACCOMPLISHED THE OBJECT(S) FOR WHICH YOU SOUGHT THE FUNDS.

13. Applicants MUST be present at the meeting to answer any questions the Committee may have. No special meetings will be called to process an application.

14. Applicants must reconcile and return a Final Funding Report within 60 days of the date of the event listed on the application. Failure to do so will prevent any other applications from being considered by the Committee.

A. THE APPLICATION

1. Project Name. Give the name of the project. If it has not been named, create a title, which conveys its purpose, goal or essence of the work required, e.g., "Advertising for ."

2. Organization/Sponsor.

a. Requests for funding must be submitted by a non-profit sponsoring organization. Applications cannot be accepted from individuals, for-profit entities or ad-hoc committees (SC Attorney General's Opinion 85-12). Proof of non-profit status must accompany the application.

b. The full name, mailing address and telephone number of a primary and a secondary "contact" person, given the authority and responsibility to represent the application before the Committee, must be included on both the title page of the application and in this section.

3. Description of Project.

a. Describe the project in its totality, or at completion of presently known ultimate stage, and/or the portion, phase or section of the total project for which funding is now being applied.

6 b. The description must state what is intended to be accomplished by Accommodation Tax funds, the source and amount of other funds to be committed to the project, and the individuals, organizations or body, which will assume responsibility for the project.

c. Describe coordination that has been completed or will be needed with other organizations, if they engage in similar activities, or if they will be expected to be the beneficiary of this project.

d. The "Impact on or Benefit to Tourism" statement is to be supported by data and other records or history insofar as possible.

e. Simple projects need only indicate the date the project will be initiated and the expected completion date.

f. Complex projects must provide a task time budget indicating when each major portion is expected to be started and completed. If certain portions of the task are dependent upon other factors, (such as seasons, weather, commitment of the other funds, etc.), explain.

g. If permits from any level of government, or prior approval from any quasi-governmental body (such as architectural review body), or outside organization or individual is required, so state, and state when and how such approval can be expected to be obtained.

h. "Additional Comments" may include statements from organizations or individuals supporting the need for the projects, its purposes or goals-statements from professional advisors or consultants supporting any of the plans or data provided in the application; any other statement or document which is germane to the application.

4. Cost of Project.

a. Regardless of the cost of a project, each application will be given the same close scrutiny as to how the funds are to be used.

b. List each source and amount of funds required to complete the project, including a source of additional funds if project is not completed within the cost estimate given in the application.

c. List the amount of funding for the project which will come specifically from the application sponsor, organization(s) or individual(s), including the source and value of any "in-kind" contribution of goods or services which will be contributed to completing the project.

d. Prior Recipient. Recipient of Accommodations Tax Funds must provide a description of how the funds were used and complete and forward the attached Final Reporting Form to their application as applicable.

5. Signature. Applications must be signed by a current officer of the applicant organization given authority to sign contracts by the organization's bylaws, or by the sponsoring individual. Title or position, if any, should be appended below the signature, along with mailing address and both office and home telephone numbers.

7 B. PROPER FORM OF THE SUBMISSION

1. A title page should be prepared which provide only the following:

a. Name of the project. b. Sponsor's name, mailing address and local telephone numbers. c. "Contact" name, mailing address and local telephone numbers. d. Amount of funds requested (and form of funding, if in any other than one-time cash grant). e. Date of application.

2. Supporting documents and data are to be appended at the back of the presentation.

8 Quarterly Deadlines for application submittals: 10 Business Days before the Quarterly Meeting

ACCOMMODATIONS TAX COMMITTEE City of Hardeeville, South Carolina

ACCOMMODATIONS TAX FUNDS REQUEST APPLICATION For Office Use Only

Date Received: ______Time Received: ______By: ______

Date: 9/1/2020 Total Project Costs: $96,100 Total Amount Requested: $60,700

A. PROJECT NAME: Hardeeville’s Festival on Main

B. ORGANIZATION: City of Hardeeville

MUST BE A NOT-FOR-PROFIT ENTITY

Sponsor Name: City of Hardeeville Title: Municipality in Jasper County

Sponsor Address: 205 Main Street, Hardeeville SC 29927

Sponsor Phone: (843) 784-2231

Contact Name: Jennifer Combs Title: Hardeeville Parks, Recreation & Tourism Director

Contact Address: 205 Main Street, Hardeeville SC 29927

Contact Phone: (843) 784-2231 Contact email: [email protected]

9 A. DESCRIPTION OF PROJECT:

1. General Description: Hardeeville’s Festival on Main will focus on not only providing an event that

showcases the Hardeeville Community, its people, and pride, it will also involve entertainment, concerts,

arts and crafts vendors, children’s activities and more that encourage tourism. Our vision is for the

Festival on Main to expand every year so that it becomes a destination event for Hardeeville.

2. If arts/cultural activity, give specific description of project (attach additional sheets, if needed). Festival on

Main will showcase local Arts and Craft vendors allowing them the opportunity to celebrate their art and

provide the community the opportunity to experience it. The festival is also providing cultural

opportunities to our community partners that will afford educational opportunities allowing the

community to experience Hardeeville, past, present and future.

3. Impact on or benefit to tourism (if required under the law). Hardeeville’s Festival on Main is designed to

promote a positive image for the City through promotion of the unique attributes and amenities the City

provides to tourists visiting the area and encourages increased tourism to the area. The low country area

Hardeeville is nestled in draws tourism annually. Hardeeville is working to provide more opportunities

for tourists to stay and play. We are capitalizing on the trend to return to “Main Street” America festivals

by providing an outlet for that desired atmosphere but on a larger scale providing more events and

activities for tourists to participate in over an extended period of time to keep them in our area while

simultaneously providing the economic stimuli for our local businesses.

4. Duration of project: Start Date: Friday, October 15th, 2021Completion Date: Saturday, October 16th, 2021

5. Permits required (if any): Hardeeville Special Event Permit

6. Additional Comments:

______

10 B. FUNDING:

1. Source of funds: Funds for this project will be supported by the City of Hardeeville’s general fund, sales, sponsorships, and donations.

2. Have you requested funding from other sources or organizations for this project? Yes

If yes, please list sources and amounts. Dominion $8,000; Waste Pro $15,000; Hargray $5,000; Mintos $5,000

3. Contributions to the project by the sponsoring organization: To date $13,000 (sales)

C. FINANCIAL INFORMATION (ADHERE TO STRICTLY):

1. A line-item budget of the project.

Line Items Requested $ Approved $ Expended $ Reimbursement to the City $

Security 750.00 750.00 700.00 50.00

Food 2,500.00 2,500.00 3,200.00 0.00

Advertising 5,200.00 5,200.00 4,550.00 650.00

Total 8,450.00 8,450.00 8,450.00 700.00

2. Most recent fiscal year balance sheet and profit and loss accounting statement. See attached

D. FINANCIAL GUARANTEES:

Provide a copy of official minutes wherein the sponsoring organization approves the project and commits the organization to financial responsibility for carrying it out to the stage of completion contemplated in the application, should funding be approved. A resolution was adopted on January 3rd, 2019 by City Council to develop and promote a new annual community festival by promoting cooperation and coordination with area not for profit organizations. The resolution and associated minutes from the city council meeting adopting the resolution is attached for supporting documentation.

E. PRIOR RECIPIENT'S REPORT (If you received prior ATAX funds): (Attach additional sheets, if needed):

1. How did you use the funds?

Funds were used to pay for logistics, entertainment, rides, security and staffing of the Festival on Main

11 2. What impact did this have on the community or benefit tourism? Describe how tourism statistics were captured.

The Inaugural Festival on Main provided some economic impact for tourism and also helped to fill the gap left

from the loss of the annual Catfish Festival. After the Catfish Festival was disbanded, the City wanted to provide

an annual event that would not only cater to its local community but tourists as well. The event brought people of

all ages from a wide variety of zip codes including local and those outside of a fifty-mile radius. In order to

capture tourism statistics, participants were asked to voluntarily provide their zip code of permanent residence to

gage where participants were coming from.

3. Provide the previous two years and current budgets.

4. Include the total annual funding received each year that you applied.

Applied in 2019; Total Annual funding received was $72, 620

E. ADDITIONAL COMMENTS: (Attach additional sheets, if needed):

______

Signature: Jennifer Combs, CPRP Date: September 1st, 2021

APPLICATION FINAL CHECKLIST (Complete and return this list with the application)

The application is being filed by the deadline as indicated in this application packet.

We have reviewed and followed the application guidelines.

We are submitting 1 complete hard copy of the application and 1 complete electronic copy of the application.

We will be prepared to make a verbal presentation to the Committee and answer questions when we are scheduled to do so.

We did not bind the application (NO BOOKS or BINDERS).

Accommodations Tax Funding Final Report

You may record information directly on this form or create a separate document for more detailed responses.

1. PROJECT INFORMATION:

Organization Name: City of Hardeeville

Project Name: Festival on Main

Contact Name: Jennifer Combs

2. PROJECT COMPLETION:

Were you able to complete the project as stated in your original application? Yes

If no, state discrepancies. ______

3. PROJECT SUCCESS: Please share any additional comments regarding the project (e.g., lessons learned, successes, problems encountered, etc.) Festival on Main saw success for its 1st year. Advertising was a huge key to its success. We learned that parking needs to be reviewed as we grow, and we need more community volunteers and businesses to be involved. The later date in November wasn’t as well received and we need to look at alternate dates with no conflicts in our area.

4. PROJECT ATTENDANCE:

Record numbers in table below. Numbers are to reflect attendance and funds received for projects for both the current and previous periods. Prior Period Current Period

Total Budget of event/project $74,620 $90,066

Amount funded by City of Hardeeville Accommodations Tax $72,620 $72,620

Amount funded by other sources $0 $36,000

Total Attendance 0 2800

Total Tourists 0 1000

5. Methods: Please describe the methods used to capture the attendance data listed above (e.g., license plates, surveys, zip codes, etc.) We used surveys asking participants for zip codes of their permanent residence 6. Project Budget: Please attach report indicating project expenses compared to budget for the current grant.

7. Organization Signature: Provide signature of official within organization, verifying accuracy of above statements.

Name: Jennifer Combs Title: City of Hardeeville Parks, Recreation & Tourism Director

Signature: Jennifer Combs, CPRP Date: January 6th, 2020

2019 Completed Budget

2021 Proposed Budget

Supporting Documentation

RESOLUTION No. 2019-1-3C A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, SETTING SHORT AND LONG-TERM GOALS/PRIORITIES FOR 2018 AND BEYOND BY DIRECTING THE CITY MANAGER TO FOCUS THE CITY’S RESOURCES TO ACCOMPLISH THE STATED GOALS/PRIORITIES

WHEREAS, the Hardeeville City Council understands the importance of annually reviewing the current challenges and opportunities impacting the community; and

WHEREAS, the City Council after analyzing and understanding those challenges and opportunities asked the City Manager to present a list of potential goals/priorities to address these matters and improve quality of life for all citizens in the community which were presented in a City Council Annual Retreat on November 29, 2018; and

WHEREAS, the City Council and City Manager presented and discussed a list of goals/priorities which then the City Council reviewed, listed and concurred with their top goals/priorities; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hardeeville,

SC:

1. The City Council accepts and adopts the 2019 Short and Long-Term Goals/Priorities to be as follows:

SHORT TERM GOALS:

COMPLETE BY 2019

A. Design and adopt a Storm Water Master Plan.

B. Design, finance and build new community facilities (Fire Station 84, and Community Recreational building) that will meet the present and future needs of our growing community.

C. Cooperatively work with Jasper County to develop an efficient and cost- effective solution for Fire, Rescue and Emergency Medical18 Services to the southern portion of Jasper County.

D. Develop and implement a workforce housing policy and commission which will actively recruit and incentivize new developments which offer workforce housing options for the City’s growing population.

E. Develop a marketing program for the new Community/Recreation Center to raise funds for programming and improvement of the new facility including a “naming rights” for the building.

F. Develop and implement a comprehensive annexation policy and program which will grow the City smartly.

G. Develop and promote a new annual community festival by promoting cooperation and coordination with area not-for-profit organizations.

COMPLETE BY 2020

A. Consider the merits of alternative service delivery methods (Public Works, janitorial, vehicle maintenance) by conducting a cost/benefit analysis to determine preferred method to implement efficient service delivery.

B. Create a new community “Veteran’s Memorial Park” which could be located on the property adjacent to the new Library, new FS 81 and other City owned property.

C. Cooperatively work with Utility partners to extend natural gas and other needed utilities to the Hardeeville Commerce Park and other key commercial and industrial areas of the City to promote development or redevelopment.

D. Initiate and cooperate with SCDOT and Jasper County in designing, financing and implementing needed traffic calming and safety measures on Argent Boulevard.

LONG TERM GOALS:

COMPLETE BY 2021:

A. Implement the Overlay District plan which utilizes multiple strategies (Planning, zoning, economic incentives, code enforcement, Gateway corridor plan) to redevelop and revitalize the Whyte Hardee Blvd corridor.

B. Implement the City’s bicycle and trail master plan which incorporates the East Coast Greenway trail system by annually identifying funding sources to construct the 66 linear miles of various trails identified in the plan.

C. Implement the Storm Water Master Plan by designing, funding, and constructing the necessary improvement projects identified in the plan. 19

D. Develop and implement a Regional Workforce Evaluation and Development Plan which provide a mechanism for cooperation and partnership with area schools, colleges, hospitals and other providers to ensure that the City has the available diversified trained workforce to meet the needs of our growing community.

COMPLETE BY 2023: A. Develop a Traffic Management and Improvement Program with Jasper and Beaufort Counties and SCDOT to define needed improvements to Argent Blvd., SR 170, and SR 278.

B. Cultivate a public/private partnership with a developer to create and develop premiere mixed-use Hardeeville Town Centers which will provide a dynamic commercial and entertainment experience for the low country region.

C. Cooperatively work with Jasper County and SCDOT to finance and implement all the projects contained in the I-95 Exit 8 Master Plan.

2. The City Manager is directed to dedicate the necessary staff and resources to attempt to accomplish the stated and approved goals/priorities.

3. The City Manager will provide periodic progress reports, at his discretion, to the City Council on the status of accomplishing the stated goals/priorities.

PASSED AND ADOPTED by the City Council of the City of Hardeeville, SC this 3rd day of January 2019. CITY OF HARDEEVILLE, SC

By: It’s MAYOR ATTEST:

CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

CITY OF HARDEEVILLE REGULAR CITY COUNCIL MEETING AND PUBLIC HEARINGS MINUTES JANUARY 3, 2018 3:00 PM

Present: Mayor Harry Williams, Mayor Pro John Carroll, Council Members David Spisso, Michael Sweeney and Carolyn Kassel, City Manager Michael Czymbor, City Attorney Prina Maines, City Clerk Lori Pomarico, Police Chief Sam Woodward, Fire Chief Steve Camp, Media Director Juan Singleton, Parks and Recreation Director Jennifer Combs, Long Range Division Manager Katie Woodruff, Building Official Tim Blanchard, Municipal Judge Nancy Gutierrez, Grants Administrator Neil Parsons, Finance Director Niema Walker, Accounts Payable Clerk Heather Crider, Accounts Receivable Clerk Amy Chester, Media Technician Shantez Herrington

I. INVOCATION & PLEDGE OF ALLEGIANCE

Mayor Pro Tem Carroll gave the invocation.

II. CALL TO ORDER

Mayor Williams called the meeting to order at 3:00 p.m.

III. OATH OF OFFICE COUNCIL MEMBER - CAROLYN KASSEL

Council Member Carolyn Kassel was sworn in by Municipal Court Judge Nancy Gutierrez. Council Member Kassel stated that she appreciates the honor to serve the City of Hardeeville for the next four years and the confidence the citizens of Hardeeville have bestowed upon her to represent them.

IV. OATH OF OFFICE COUNCIL MEMBER – DAVID SPISSO

Council Member David Spisso was sworn in by Municipal Court Judge Nancy Gutierrez. Council Member Spisso stated that he is delighted to have the chance and that people have faith in him to provide the passion and energy that he’s had in the past; he thanked all for voting for him.

V. SELECTION OF MAYOR PRO TEMPORE PURSUANT TO ARTICLE IV SECTION 2- 96 OF THE HARDEEVILLE CODE OF ORDINANCES

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

A motion was made by Mayor Williams to nominate John Carroll to serve as Mayor Pro Tempore for another one-year term. The motion received a proper second by Council Member Sweeney. The motion passed 5-0 with all members voting In Favor.

Mayor Pro Tem Carroll stated that it has been an honor and he has enjoyed being Mayor Pro Tem.

VI. APPROVAL OF AGENDA

A motion was made by Council Member Sweeney to approve the agenda. The motion received a proper second by Mayor Pro Tem Carroll and carried unanimously.

VII. EXECUTIVE SESSION

A. DISCUSSION OF NEGOTIATIONS INCIDENT TO PROPOSED CONTRACTUAL ARRANGEMENTS AND PROPOSED SALE OR PURCHASE OF PROPERTY, THE RECEIPT OF LEGAL ADVICE WHERE LEGAL ADVICE RELATES TO A PENDING, THREATENED, OR POTENTIAL CLAIM OR OTHER MATTERS COVERED BY THE ATTORNEY-CLIENT PRIVILEGE, SETTLEMENT OF LEGAL CLAIMS, OR THE POSITION OF THE PUBLIC AGENCY IN OTHER ADVERSARY SITUATIONS INVOLVING THE ASSERTION AGAINST THE AGENCY OF A CLAIM IN ACCORDANCE WITH S.C. CODE OF LAW 30-4-70(A)(2). • IGA WITH JASPER COUNTY FIRE, RESCUE AND EMS • MALIND BLUFF AND POINTE

B. DISCUSSION OF EMPLOYMENT, APPOINTMENT, COMPENSATION, PROMOTION, DEMOTION, DISCIPLINE, OR RELEASE OF AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY OR THE APPOINTMENT OF A PERSON TO A PUBLIC BODY IN ACCORDANCE WITH S.C. CODE OF LAW 30-4-70(A)(1). • PERFORMANCE EVALUATION – CITY ATTORNEY

A motion was made by Council Member Sweeney to go into Executive Session. The motion received a proper second by Mayor Pro Tem Carroll and carried unanimously.

A motion was made by Mayor Pro Tem Carroll to return to Regular Session from Executive Session. The motion received a proper second by Council Member Sweeney and carried unanimously.

VIII. ELECTION OF MUNICIPAL OFFICERS AND EMPLOYEES PURSUANT TO ARTICLE IV SECTION 2-81 OF THE HARDEEVILLE CODE OF ORDINANCES

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

A. APPOINTMENT OF THE CITY ATTORNEY PURSUANT TO ARTICLE IV SECTION 2-136 OF THE HARDEEVILLE CODE OF ORDINANCES

A motion was made by Council Member Kassel to reappoint Attorney Prina Maines to serve as City Attorney. The motion received a proper second by Council Member Spisso. The motion passed 5- 0 with all members voting In Favor.

IX. PUBLIC COMMENTS (3 MINUTE TIME LIMIT) - NONE

X. PUBLIC PRESENTATIONS

A. A PROCLAMATION COMMEMORATING THE CITY OF HARDEEVILLE SCHOOL CHOICE WEEK – JANUARY 20-26, 2019

Mayor Williams read the proclamation in its entirety.

A motion was made by Council Member Spisso to approve the proclamation. The motion received a proper second by Council Member Sweeney and carried unanimously.

XI. PRESENTATION & APPROVAL OF MINUTES FROM THE NOVEMBER 29, 2018 SPECIAL CITY COUNCIL MEETING

A motion was made Council Member Kassel to approve the November 29, 2018 Special City Council Meeting Minutes. The motion received a proper second by Council Member Sweeney and carried unanimously.

XII. PRESENTATION & APPROVAL OF MINUTES FROM THE DECEMBER 6, 2018 REGULAR CITY COUNCIL MEETING

A motion was made Council Member Sweeney to approve the December 6, 2018 Regular City Council Meeting Minutes. The motion received a proper second by Mayor Pro Tem Carroll and carried unanimously.

XIII. OLD BUSINESS

A. SECOND READING OF AN ORDINANCE TO AMEND ARTICLE 3, ADDING SECTION 3.7 TO THE MUNICIPAL ZONING AND DEVELOPMENT ORDINANCE, BEING APPENDIX A OF THE HARDEEVILLE CODE OF ORDINANCES REGARDING SHIPPING CONTAINERS. (2018-12-6A) PUBLIC HEARING

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

Mayor Williams displayed photographs taken of various shipping containers in the City of Hardeeville. Mayor Williams stated that if the City allows permanent containers, they are going to see images like what was displayed. They are making things legal that they have not been able to solve via Code Enforcement; now they will add another burden onto Code Enforcement that they will not be able to do. Until they show they can clean up what is already illegal now making it legal is just going to make the mess even further.

Mayor Williams added that he had conversation with Mr. Arzillo, owner of R&K, who has two containers on his property covered by a fence, there are legitimate security reasons to have those containers; he has invested a lot in his business and has expensive equipment stored in those containers. Mayor Williams stated that they need to find a way to accommodate legitimate businesses.

Mayor Williams stated that in this second reading the Planning Department has already taken out permanent containers and he does not believe that is the proper thing to do because the first reading passed 4-1. The proper thing to do is that they all take time to think about a good solution and he recommends sending this back to the Planning Commission before they pass anything regarding containers.

City Manager Czymbor stated that they provided a redlined version of the ordinance and he deferred to Long Range Division Manager Woodruff. Ms. Woodruff stated that they have added maximum length for shipping containers; removed permanent shipping containers; defined how long shipping containers would be allowed in each zoning district; all others would only be allowed for construction purposes and associated with a construction building permit and would still have to be permitted through the Permitting Department. Also, they have added the number of containers allowed depending upon the size of the property; and code enforcement provisions were added at the advice of the City Attorney.

Mayor Williams commented that the first reading was passed 4-1 and then redline changes were made based on the comments of the one; a number of other changes were made. He asked if there is that much change to the ordinance should it not go back to the Planning Commission. Attorney Maines responded that when there are changes to the MZDO, which is an appendix to the Hardeeville Code, it has to go to Planning Commission once who then gives the City Council its recommendation; as far as what the change is, it is completely up to the Council. Council can either follow or not follow what the Planning Commission says or make any other changes. Council is allowed to accept changes between first and second readings; changes made between the first and second readings do not mandate a return to Planning Commission.

City Manager Czymbor stated that the current stance is that shipping containers are prohibited, and they are now creating a new ordinance and they have to develop procedures and enforcement provisions which were not included in the ordinance previously. The biggest issue here, and the Council needs to decide, is the new ordinance says there will be no permanent storage containers; they can get a permit, there are requirements, but there are no permanent structures. If Council agrees with that then he recommends

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

adoption; if they believe there needs to be further review, they can reject, table or send back to the Planning Commission.

Council Member Kassel stated that she is vehemently against using a shipping container as a permanent structure. Procedurally, she thinks they need to postpone or table this ordinance until they have had an opportunity to develop an alternative. If the bottom line is that they want a permanent storage structure, having a shipping container on Whyte Hardee Blvd. is not what she wants to see. Ms. Kassel added that the Mayor has presented a case tonight with his slides that suggests that they are now putting this on Enforcement and Enforcement is having a hard time, shipping containers are out there, and they are prohibited now; she does not want to put that additional burden on Enforcement. Her recommendation is for them to either reject this ordinance completely or table it for further consideration. She is concerned that it is not going back to Planning Commission and they have made changes to this ordinance after their discussion; she thinks the Planning Commission possibly should be given an opportunity to develop an alternative; they should come to Council with how they see Whyte Hardee Blvd. knowing what Council’s concerns are.

Council Member Spisso commented that the displayed containers are on Whyte Hardee Blvd. and he asked what zoning they are in and if they are allowed. Manager Woodruff responded that several of them currently are in the Highway Corridor General Commercial district; there are a few in Downtown Zoning District which would be for construction purposes only; right now, they are all prohibited. The City began enforcement but was asked to present an ordinance. Mr. Spisso commented it is a long step from where they want to be, and they will not be able to do that with just a quick ordinance fix. He added that he would like to do something that would give them more time to develop this; they rely on the Commission and he would like to give them another shot at this.

Mayor Pro Tem Carroll stated that in his opinion they should not approve second reading and they should send it back to the Planning Commission, let them study it, get input from the public, and make a recommendation.

Council Member Sweeney asked if the changes that were made had any input from businesses. Manager Woodruff responded that this originally started because of requests from the businesses who then provided input based on the drafts from the Planning Commission. Staff was asked to look at ordinances from Pooler and Ridgeland, this is a combination of several ordinances and local business owners’ input. Mr. Sweeney added that they should study this more and maybe have businesses come in and talk with the Planning Commission; he would prefer not to vote on this tonight.

Mayor Williams stated that they should look to the public to come up with a solution to this problem and explain to them what the City is trying to accomplish; send a letter out to every business on Whyte Hardee Blvd. and invite them to come in and ask them for ideas on how to solve the storage situation.

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

Mayor Williams stated that for businesses in violation they can be brought in to help solve the problem before being ticketed.

Building Official Blanchard commented that “permanent” to the Building Department is a definite number; 180 days is temporary; 181 days is permanent; there would possibly be other things that would need to be considered from a Building standpoint. Mayor Williams commented that he strongly recommends that Mr. Blanchard attend the Planning Commission meeting, if this goes back to Planning Commission, and voice all things that his extensive experience would help them with this situation.

Mayor Williams asked for public comment.

There was no public comment.

A motion was made by Council Member Spisso to disapprove Ordinance 2018-12-6A at second reading and recommend sending back to Planning Commission to review and revise for a first reading. The motion received a proper second by Mayor Pro Tem Carroll. The motion passed 5-0 with all members voting In Favor.

B. SECOND READING OF AN ORDINANCE AUTHORIZING THE EXECUTION AND SALE OF REAL ESTATE OWNED BY THE CITY OF HARDEEVILLE CROSS OUTREACH MINISTRIES, INC. (2018-12-6B) PUBLIC HEARING

City Manager Czymbor stated that unfortunately the proposed buyer, Cross Outreach Ministries, Inc., has withdrawn their offer. Based upon their due diligence, they believe that the development cost for the property was more than what their budget could allow. Staff recommends disapproving second reading of this ordinance.

Mayor Williams asked for public comment.

There was no public comment.

A motion was made by Council Member Kassel to disapprove Ordinance 2018-12-6B at second reading. The motion received a proper second by Council Member Spisso and carried unanimously.

XIV. NEW BUSINESS

A. FIRST READING OF AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN INSTRUMENTS RELATING TO THE ACQUISITION, CONSTRUCTION, FURNISHING, EQUIPPING, AND USE OF A MULTI-USE INDOOR RECREATION CENTER WITHIN THE CITY OF HARDEEVILLE, SOUTH

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

CAROLINA (COLLECTIVELY, THE “INDOOR RECREATION FACILITY PROJECT”); APPROVING THE ISSUANCE OF A HARDEEVILLE PUBLIC FACILITIES CORPORATION INSTALLMENT PURCHASE REVENUE NOTE AND FORM OF NOTE AGREEMENT TO BE ENTERED INTO BY HARDEEVILLE PUBLIC FACILITIES CORPORATION AND BRANCH BANKING & TRUST COMPANY, AS INITIAL PURCHASER OF SUCH NOTE; THE LEASE OF THE INDOOR RECREATION FACILITY PROJECT BY THE CITY OF HARDEEVILLE, SOUTH CAROLINA TO HARDEEVILLE PUBLIC FACILITIES CORPORATION, INCLUDING AUTHORIZING THE EXECUTION AND DELIVERY OF A BASE LEASE AGREEMENT BETWEEN THE CITY OF HARDEEVILLE AND HARDEEVILLE PUBLIC FACILITIES CORPORATION; AUTHORIZING THE EXECUTION AND DELIVERY OF A PUBLIC FACILITIES PURCHASE AND OCCUPANCY AGREEMENT BETWEEN THE CITY OF HARDEEVILLE AND HARDEEVILLE PUBLIC FACILITIES CORPORATION; AND OTHER MATTERS RELATING THERETO (2019-1-3A) PUBLIC HEARING

City Manager Czymbor stated that initially the City borrowed money for the Community/Recreation Center and after many iterations and determinations the Council set the scope and size of the building and authorized an additional up to $2.5M for the approximate $8.5M cost of this proposed facility. Staff engaged bond counsel and the City’s financial advisor to determine how to fund the additional $2.5M. Several years ago, the City borrowed $7M for the Public Works facility, Hargray and Police/Court building renovations and a new Fire Station 81, and they used the Hardeeville Public Facilities Corporation. The HPFC is a corporation of the City and allows under the statute to borrow money and then lease the facilities in which the City would pay the HPFC the lease amount which is basically debt for the principal and interest. This gives the City flexibility and the Council various revenue sources to pay the annual debt service for the lease back to the HPFC. Staff recommends adoption of this ordinance which allows the City to enter into the lease with HPFC and borrow the money from BB&T; the City issued an RFP and solicited proposals, BB&T was the only response with a very competitive rate and was vetted and recommended by both the financial advisor and bond counsel. This methodology is used by other municipals in South Carolina, is a viable source and is generally used for community centers, theaters, recreational facilities that actually produce significant revenue.

Council Member Kassel asked how many members are on the HPFC and what will be their scope. City Manager Czymbor responded that there is an ordinance that under state law defines their responsibilities. Currently, there are three members appointed by the Council, the City Manager, who was appointed the Chair, Mr. Scott Ready and Mr. Bill Horton.

Council Member Spisso commented that they borrowed $6.5M and are asking for an additional $2.75M that adds up to $9.25M which is about $1M more than what they need. City Manager Czymbor explained

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

that the City currently has $575,000 of existing debt at higher interest rate, this proposal will pay off that higher interest debt and any additional money can be used for other purposes at the community center.

Council Member Spisso stated that the Hardeeville Public Facilities Corporation will meet on the 7th and Council is approving an ordinance assuming that they will approve this loan from BB&T. City Manager Czymbor commented that the members of the HPFC could not meet until January 7th. In order for the City to meet the closing requirements listed in the RFP and because the bank guarantees the interest rate for a certain period of time, if they fall outside that period of time in which they can close the loan, they will not approve the loan because it is outside the terms of their response. This is only the first reading and, in the event the HPFC votes not to approve it, Council can deny it at second reading.

Council Member Spisso asked if this will be a bulk loan or can they draw against it when needed. City Manager Czymbor responded they will take it all at once, it is not a line of credit.

Mayor Williams stated that they do this because otherwise the City would be over the legal threshold of eight percent and he asked with all of this debt what percentage the City will be at. City Manager Czymbor responded that this is not counted as a general obligation debt, the only general obligation debt the City has is for the library. Mayor Williams asked how much debt the City has and asked that they take a look at that because they are still taking money from the budget to pay for the lease.

Mayor Williams asked for public comment.

There was no public comment.

A motion was made by Council Member Sweeney to approve Ordinance 2019-1-3A at first reading. The motion received a proper second by Mayor Pro Tem Carroll and carried unanimously.

B. A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL ACCEPTING THE CONSTRUCTION ESTIMATE FROM CASSIDY TILTON CONSTRUCTION, LLC OF RIDGELAND, SOUTH CAROLINA TO INCLUDE RENOVATIONS TO THE HARDEEVILLE CITY HALL AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE CITY (2019-1-3B) PUBLIC COMMENT

City Manager Czymbor stated that City Hall was built in 2004; this proposed renovation will be for maintenance activities including painting, carpeting, HVAC as well as providing additional office space and security improvements to this building. Mr. Czymbor stated that the City went through a competitive bid process; he deferred to Building Official Blanchard for a brief presentation showing what the proposed scope of work would be, the low bidder and the proposed construction schedule.

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

Mr. Blanchard stated that the City received competitive bids from three qualified builders, all are licensed in the State of South Carolina and have business licenses with the City of Hardeeville; Cassidy Tilton Construction was the low bidder. The objective is to maximize the available space while still adding additional offices, storage space and larger space for meetings. Regarding security, the goal is to provide secure working spaces for staff particularly the receptionist and a walk-up window for the Finance Department made of bulletproof material. There are necessary repairs including repairing/replacing outdated HVAC system, paint, carpet and a required ADA accessible entrance. Mr. Blanchard displayed a layout of the existing configuration of City Hall as well as the proposed layout with construction.

Council Member Sweeney asked if a bid was received from anyone in Hardeeville. Mr. Blanchard responded that the low bidder is from Ridgeland but most of his work is done in Hardeeville, he is presently working on the Holiday Inn.

Mayor Pro Tem Carroll commented that it is surprising that Bobbitt, because the City has given them so much other work, would not have tried to work with the City on this. Mr. Blanchard stated that Bobbitt had a lot of fees in their proposal that the others did not. Mr. Carroll asked if they are satisfied with the proposal from the low bidder. Mr. Blanchard responded that they are.

Council Member Kassel asked if Mr. Blanchard would be the general contractor over this project. Mr. Blanchard responded that he would not, but he will be watching over him.

Mayor Williams commented that he is happy to see that they are going to be dealing with a local company.

Mayor Williams asked for public comment.

There was no public comment.

A motion was made by Council Member Sweeney to approve Resolution 2019-1-3B. The motion received a proper second by Mayor Pro Tem Carroll and carried unanimously.

C. A RESOLUTION OF THE CITY OF HARDEEVILLE, SOUTH CAROLINA, CITY COUNCIL SETTING SHORT AND LONG-TERM GOALS/PRIORITIES FOR 2019 AND BEYOND BY DIRECTING THE CITY MANAGER TO FOCUS THE CITY’S RESOURCES TO ACCOMPLISH THE STATED GOALS/PRIORITIES (2019-1-3C) PUBLIC COMMENT

City Manager Czymbor stated that the Annual Strategic Planning Retreat was held on November 29th, he has tried to encapsulate that into a document and focus efforts on both long- and short-term goals and objectives as well as some operational procedures and things that can be done internally by department.

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

Staff recommends adoption of this Resolution which would give them “marching orders” to focus resources based on Council’s priorities identified at the workshop.

Mayor Williams commented that he is disappointed and would recommend that addressing the completion date of Argent Blvd. and Veteran’s Memorial Park that has been pushed out to 2020, be a priority and start on it now.

Mayor Williams commented that he is disappointed that Whyte Hardee Blvd. has been pushed out to 2021 which was on the goals for 2018; they have to make this a priority, or it will never get done.

Mayor Williams commented that he would like to make sure that the Police Chief still has community outreach programs; the Mayor’s Breakfast be reinitiated; stakeholders come to the Planning Commission meeting; getting a coordinated litter program with Beaufort and Jasper Counties; and initiate a monthly newsletter. City Manager Czymbor stated that Department Heads were already given their “marching orders”; these are things they can and will accomplish and will provide updates to Council.

City Manager Czymbor stated that he recommends Council adopt this as is, revisit in a few months, he will provide a staff report and they can reprioritize as necessary.

Mayor Williams reiterated his disappointment that Whyte Hardee Blvd. has been pushed out to 2021 and if they change nothing else, Whyte Hardee Blvd. has to start in 2019.

Mayor Williams asked for public comment.

There was no public comment.

A motion was made by Council Member Spisso to approve Resolution 2018-12-6C and that they review and update it quarterly. The motion received a proper second by Council Member Kassel. The motion passed 5-0 with all members voting In Favor.

XV. MANAGERS REPORT

City Manager Czymbor stated that he went to Paris, France over Christmas, it was wonderful.

City Manager Czymbor stated that the new Deputy City Manager, Matt Davis, will start on Monday; his number one priority is Whyte Hardee Blvd.

XVI. COUNCIL ISSUES AND CONCERNS

Mayor Pro Tem Carroll stated that he attended First Friday at Sun City, the Christmas Parade, the Jasper County Chamber of Commerce Grand Opening/Ribbon cutting; the Youth Council meeting, the Employee

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

Christmas Luncheon, the Fire Department and Police Department parties; it was a good end of the year; a lot was accomplished in 2018.

Council Member Kassel thanked Mrs. Williams for her help on the Senior Luncheon, the gift collection and wrapping and organizing everything; they had a great December and she wished everybody a Happy New Year.

Council Member Kassel thanked everyone for their confidence in her for the next four years.

Council Member Spisso stated that he attended the LATS meeting, the Jasper County School District meeting, the Jasper County Chamber of Commerce Grand Opening, the Youth Council meeting, the toy drive, the Hardeeville Employee Luncheon, and the SoLoCo meeting.

Council Member Spisso stated that there will be a First Friday meeting tomorrow at the Lake House, Sun City at 4 p.m.

Council Member Spisso thanked everyone for the confidence in voting for him, he intends to work hard.

Council Member Sweeney stated that he attended the Fire Department Dinner and the Luncheon for Staff.

Council Member Sweeney commented that he is looking at the team approach for 2019, together everyone achieves more.

Council Member Sweeney wished everyone a Happy New Year.

Mayor Williams stated the process of the toy collection – December 5th collected toys, December 6th delivered toys to Hardeeville Elementary, December 10th delivered toys to Royal Live Oaks, December 11th team of volunteers wrapped over 600 presents, December 19th Santa went classroom to classroom delivering gifts. Mayor Williams thanked Santa, the Public Works and Parks, Recreation and Tourism Departments for a wonderful job.

Mayor Williams stated that the Christmas Tree Lighting on December 8th was wonderful and adding the raffle of bikes and presents was great.

Mayor Williams thanked the Media Department for getting the students to perform at the Youth Council meeting which was devoted to filming videos that will go out to social media of the students recreating bullying events. The results of this will be shown at the next Youth Council meeting.

Mayor Williams stated he attended the SoLoCo meeting; something will be coming forward with that which will tie into the goal of having a Workforce Housing Commission.

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

Mayor Williams stated that he went to Agape on the 21st, they had a dinner and distributed Angel Tree gifts.

Mayor Williams congratulated all recipients of annual awards at the Police Department.

Mayor Williams congratulated the Hardeeville Police Department Special Response Team that successfully freed a hostage unharmed Thanksgiving morning, a job well done.

Mayor Williams wished everyone a Happy New Year.

XVII. ADJOURNMENT

A motion was made by Council Member Sweeney to adjourn the meeting. The motion received a proper second by Mayor Pro Tem Carroll. The motion passed unanimously. The meeting adjourned at 5:50 p.m.

______Lori Pomarico, City Clerk Date

(Seal)

City of Hardeeville tel: 843-784-2231 PO Box 609 (205 Main St) fax: 843-784-7754 Hardeeville, SC 29927 www.hardeevillesc.gov

CITY COUNCIL AGENDA ITEM ______SUBJECT: The State Accommodations Tax Advisory Committee held its quarterly meeting on Tuesday, October 13, 2020 at City Hall. Recommendations were made by the Committee to approve the appropriation of State A-Tax funds for the City of Hardeeville Festival in the amount of $60,400, Jasper County Chamber of Commerce in the amount of $72,748 and SC Lowcountry & Resort Islands Tourism Commission in the amount of $8,500. Total appropriation is $141,948.00.

DEPARTMENT: Finance

ATTACHMENTS: Ordinance _ Resolution ___ Motion x__ Support Documents ___ Appointment ___ Other ______SUMMARY:

• Jennifer Combs, PRT Director, presented an application for the 2021 City of Hardeeville Festival on Main to be used for logistics, entertainment, rides, security and staffing--$60,700 • Kendall Malphrus, Executive Director of the Jasper County Chamber of Commerce, presented four (4) applications requesting the following: o Digital Marketing (FY21) $14,400 o Radio Campaign (FY21) $14,400 o Visitor Centers Operations (FY21) $34,048 o Billboard Campaign $9,900 ▪ Total--$72,748 • Peach Morrison, Executive Director of the Lowcountry & Resort Islands Tourism Commission, presented an application for digital marketing, national advertising in magazines and newspapers and literature publications—$8,500

______RECOMMENDED ACTION: Award A-Tax funds in the amount of $60,700 to the City of Hardeeville; award A-Tax funds in the amount of $72,748 to the Jasper County Chamber of Commerce; award A-Tax funds in the amount of $8,500 to the Lowcountry & Resort Islands Tourism Commission ______DEPARTMENT Submitted: Cynthia Oliver______Date: 11-05-2020 Requested Agenda _City Council______Date: 11-05-2020

FINANCE DEPARTMENT Budgeted ___Yes ___No ___N/A Date:

CITY ATTORNEY Approved as to Form and Correctness Date:

Current Balance $ 162,736

Cash Receipts 1st Quarter State Distribution 2nd Quarter State Distribution 3rd Quarter State Distribution 4th Quarter State Distribution Other/Reimbursements: Jasper County Chamber of Commerce- Radio Campign (FY 20) $ 1,559 Jasper County Chamber of Commerce- Visitors Center Operations (FY 20) $ 3,830

Total $ 5,388

Cash Paid Out Jasper County Chamber of Commerce Marketing Festival on Main $ 60,700 Jasper County Chamber of Commerce- Digital Marketing (FY 21) $ 14,400 Jasper County Chamber of Commerce- Radio Campign (FY 21) $ 14,400 Jasper County Chamber of Commerce- Visitors Center Operations (FY 21) $ 34,048 Jasper County Chamber of Commerce- Billboard Campaign (FY 21) $ 9,900 SC Lowcountry Tourism Commission $ 8,500

Total Cash Paid Out $ 141,948

Fund Balance (end of fy) $ 26,177