SC - Georgetown: GEORGETOWN COUNTY COUNCIL

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GEORGETOWN COUNTY COUNCIL

Wesley P. Bryant

Clerk to Council Theresa E. Floyd

Tagged Passions:council

GEORGETOWN COUNTY COUNCIL County Council Chambers, 129 Screven Street,

Tagged Passions:streets

Suite 213, Georgetown, SC 29440

AGENDA

1.
INVOCATION

No additional detail provided

2.
PLEDGE OF ALLEGIANCE

No additional detail provided

3.
APPROVAL OF AGENDA

No additional detail provided

4.
PUBLIC COMMENT

No additional detail provided

5.
APPROVAL OF MINUTES

No additional detail provided

5.a Regular Council Session - March 13, 2018

No additional detail provided

Tagged Passions:council

6.
CONSENT AGENDA

6.a Procurement 18-019, FY18 Municipal Lease/ Purchase Financing for Vehicles and Heavy Equipment 6.b Procurement 17-081, 4x2 F-550 (or Equal) Fuel/Lube Fleet Service Truck 6.c Procurement 17-059, Architectural Design Services: Southern Georgetown County Branch Library
Tagged Passions:leasing, purchasing, services, equipment, library, and transportation

6.d Procurement 15-001, Design/Build for Nine (9) Substation Metal Garage Structures: Change Order 04

Tagged Passions:purchasing

7.
PUBLIC HEARINGS

Tagged Passions:hearing

8.
APPOINTMENTS TO BOARDS AND COMMISSIONS

No additional detail provided

Tagged Passions:boards and commissions and appointments

8.a Disabilities Special Needs Board 8.b Economic Development Alliance Board 8.c Fire District 1 Board

Tagged Passions:development, fire departments and districts, Development, and economic development

9.
RESOLUTIONS / PROCLAMATIONS

No additional detail provided

Tagged Passions:recognition

9.a Proclamation No. 2018-07 - Declaration of March 2018 as

American Red Cross Month 9.b Resolution No. 2018-08 - In Support of the North Inlet-Winyah Bay National Estuarine Research Reserve (NI-WB NERR) 9.c Resolution 2018-09 A Resolution Authorizing the Execution and Delivery of an Inducement and Millage Rate Agreement by and between Georgetown County and Liberty Steel Georgetown Inc.

Tagged Passions:taxes, Taxes, and recognition

10.
THIRD READING OF ORDINANCES

No additional detail provided

Tagged Passions:ordinance

11.
SECOND READING OF ORDINANCES

No additional detail provided

Tagged Passions:ordinance

11.a Ordinance No. 2018-05 - A proposed zoning text amendment to the Zoning Ordinance to allow accessory dwelling units in certain zoning districts.

No additional detail provided

Tagged Passions:ordinance and zoning

12.
FIRST READING OF ORDINANCES

No additional detail provided

Tagged Passions:ordinance

12.a Ordinance No. 2018-06 - An Ordinance to amend Ordinance No. 2015-27 Authorizing Certain Economic Development Incentives for Black Family Limited Partnership, MPW Inc., and Other Affiliations Including Entering Into A Fee in Lieu of Property Tax Agreement for the Project, and Other related Matters, between Georgetown County, South Carolina, and MPW.

No additional detail provided

Tagged Passions:taxes, property, Taxes, ordinance, development, Fee-in-lieu, incentive, Development, property tax, and economic development

12.b Ordinance No. 2018-07 - An Ordinance Authorizing the Execution and Delivery of a Fee In Lieu of Tax Agreement By and Between Georgetown County, South Carolina, and Liberty Steel Georgetown, Inc. with respect to certain Economic Development Property in the County, Whereby Such Property Will Be Subject to Certain Payments in Lieu of Taxes; and other Matters Relating Thereto.

No additional detail provided

Tagged Passions:taxes, property, Taxes, ordinance, development, Fee-in-lieu, incentive, Development, and economic development

12.c ORDINANCE No. 2018-08 - AN ORDINANCE TO AUTHORIZE AND APPROVE AN AGREEMENT FOR THE DEVELOPMENT OF A JOINT INDUSTRIAL AND BUSINESS PARK

No additional detail provided

Tagged Passions:ordinance, development, parks, Development, industrial, and business

12.d Ordinance No. 2018-09 - An Ordinance Establishing Parking Regulations for the Murrells Inlet Boat Landing and Parking Area and Providing for the Enforcement Thereof.

No additional detail provided

Tagged Passions:ordinance, boating, parking, and regulation

13.
COUNCIL BRIEFING AND COMMITTEE REPORTS

No additional detail provided

Tagged Passions:council

14.
BIDS

No additional detail provided

Tagged Passions:rfp and RFP

15.
REPORTS TO COUNCIL

15.a FY18 Mid-Year Review / FY19 Budget Introduction

Tagged Passions:budget and council

16.
DEFERRED OR PREVIOUSLY SUSPENDED ISSUES

No additional detail provided

16.a Ordinance No. 2017-19 - An amendment to the Georgetown County Zoning map to rezone approximately 948 acres located along Pennyroyal Road and the Sampit River from Forest and Agriculture (FA) and Conservation Preservation (CP) to Heavy Industrial (HI). - Deferred pending further report from the Land Use Committee

No additional detail provided

Tagged Passions:ordinance, agriculture, watershed, zoning, preservation, Conservation, and industrial

16.b Ordinance No. 2017-23 To Amend the Pawleys Plantation

No additional detail provided

Tagged Passions:ordinance

Planned Development to change the land use designation for two parcels along Green Wing Teal Lane from Open Space to Single Family in order to allow an additional two single family lots to the PD. - Deferred pending internal review by County Attorney.

No additional detail provided

Tagged Passions:legal, property, development, and Development

17.
LEGAL BRIEFING / EXECUTIVE SESSION

17.a Personnel Issue

Tagged Passions:personnel and legal

18.
OPEN SESSION

No additional detail provided

19.
ADJOURNMENT

Item Number: 5.a Meeting Date: 3/27/2018 Item Type: APPROVAL OF MINUTES AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Regular Council Session - March 13, 2018 CURRENT STATUS: Pending

Tagged Passions:council

POINTS TO CONSIDER: n/a

FINANCIAL IMPACT: n/a
Tagged Passions:finance

OPTIONS: 1. Approval of minutes as submitted. 2. Offer amendments.

STAFF RECOMMENDATIONS: Recommendation for approval of minutes as submitted. Item Number: 6.a Meeting Date: 3/27/2018 Item Type: CONSENT AGENDA AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: Purchasing ISSUE UNDER CONSIDERATION: Procurement 18-019, FY18 Municipal Lease/ Purchase Financing for Vehicles and Heavy Equipment
Tagged Passions:leasing, purchasing, council, and equipment

CURRENT STATUS: The County seeks a municipal lease/purchase financing agreement for equipment scheduled to be financed in the 2018 Capital Equipment Replacement Plan. The estimated amount to be financed is 4,852,169.

Tagged Passions:leasing, purchasing, equipment, and finance

POINTS TO CONSIDER: his solicitation was advertised in a newspaper of general circulation in Georgetown County and the SC Business Opportunities On-Line Publication, posted on the county and SCBO websites, and direct mailed to all known offerors. There were ten (10) responses received. However, four (4) responses were deemed Non-Responsive for either failure to provide any of the County's mandatory bid submittal forms and/or failure to provide the correct bid submittal forms as issued in Addendum 1. The six (6) valid responses are listed below: 1) BB T Governmental Finance @ 5,529,729.94 total payback; 2) Banc of America Public Capital Corp. @ 5,536,711.56 total payback; 3) U. S. Bancorp Government Leasing Finance, Inc. @ 5,569,406.70 total payback; 4) First Government Lease Co. @ 7,286,549.02 total payback; 5) PNC Equipment Finance, LLC @ 5,651,172.20 total payback; and 6) Bank Funding, LLC @ 5,625,369.36 total payback.

FINANCIAL IMPACT: See Recommendation. OPTIONS: 1) Approve the award of a Municipal Lease/Purchase Financing Agreement to BB T Governmental Finance and adopt Resolution 2018-06 to approve the financing terms. 2) Decline to award. STAFF RECOMMENDATIONS: Proposals were reviewed by the County's Director of Finance. BB T Governmental Finance offered the lowest overall pay-back at 5,529,729.94. They have stated that they have completed their credit review and will hold their rates firm until closing. Additionally, the County has been provided with efficient closings and superior service throughout previous lease term agreements with BB T Governmental Finance. Therefore, Finance Staff recommends award to BB T Governmental Finance at the rates quoted for the FY18 Municipal Lease/Purchase Financing for Vehicles and Heavy Equipment, and further recommends adoption of Resolution 2018-06. ATTORNEY REVIEW: No
Tagged Passions:solicitation, leasing, legal, rfp, RFP, purchasing, rates, advertising, equipment, funding, finance, and business

ATTACHMENTS: Description Type Exhibit B - Vehicle Equipment Summary Cover Memo Bid Summary Worksheet Cover Memo Public Bid Opening Tabulation Cover Memo Recommendation from Mr. Scott Proctor, Finance Director Cover Memo

Resolution 2018-06, Approving Financing Terms Cover Memo
Tagged Passions:rfp, RFP, equipment, and finance

Dept Department Authorized Vehicle VIN

Year Model Make Model Financing

Term (Yrs)

Outlay Budgeted
Tagged Passions:budget

Veh/Equip

Purchase Price Financing Required Lease 2018-1
Tagged Passions:leasing and purchasing

205 Sheriff Patrol Vehicle PO 2018-00000290 2018 Dodge Charger 4 50,000 32,478 50,000 205 Sheriff Patrol Vehicle PO 2018-00000290 2018 Dodge Charger 4 50,000 32,478 50,000 205 Sheriff Patrol Vehicle PO 2018-00000290 2018 Dodge Charger 4 50,000 32,478 50,000 205 Sheriff Patrol Vehicle PO 2018-00000290 2018 Dodge Charger 4 50,000 32,478 50,000 205 Sheriff Patrol Vehicle PO 2018-00000290 2018 Dodge Charger 4 50,000 32,478 50,000 205 Sheriff Patrol Vehicle PO 2018-00000290 2018 Dodge Charger 4 50,000 32,478 50,000

300,000 194,868 300,000 Lease 2018-2
Tagged Passions:leasing and public safety

151 Vehicle Maintenance Fuel/Lube Truck NO PO N/A N/A N/A 6 85,000 85,000 205 Sheriff Administration Vehicle NO PO N/A N/A N/A 6 53,000 49,000 301 Public Works Extended Body Truck PO 2018-00000138 2017 Ford F-250 6 32,800 30,536 30,536 301 Public Works Extended Body Truck PO 2018-00000140 2017 Ford F-250 6 32,800 30,536 30,536 301 Public Works Extended Body Truck PO 2018-00000296 2018 Ford F-250 4X4 6 29,900 28,984 28,984 305 Landfill Pick up Truck PO 2018-00000139 2017 Ford F-150 4x4 Crew Cab 6 31,000 32,720 307 Collections Pick up Truck 1FMCU9GDXJUA25458 2018 Ford Escape 4X4 6 23,842 22,887 22,887 307 Collections Roll Off Truck w/Cable Hoist PO 2018-00000169 2017 Frieghtliner 114 SD 6 187,200 151,110 151,110 307 Collections Grapple Truck PO 2018-00000024 2017 Frieghtliner M2 112 6 217,855 217,855 309 Mosquito Control Pick up Truck 1FTEX1CBXJFA98151 2018 Ford F-150 6 35,502 24,804 24,804 579 Parks Recreation Bus/Van PO 2018-00000101 2018 Ford 800NF Transit 6 53,620 52,324 52,324 579 Parks Recreation Back Hoe 1T0310LXJHF320964 2018 John Deere 310L 6 90,000 90,775 609 Airport Cab Tractor 1P06120EPG0001862 2017 John Deere 6120E 6 51,000 77,575 609 Airport Flex Wing Rotary Cutter 1P0HX15FEHT079136 2017 John Deere HX15 6 15,500 16,318 609 Airport STD Loader 1P0H310XCHD017646 2017 John Deere H310 6 - 7,490 999 County Fire Battalion Chief Vehicle NO PO N/A N/A N/A 6 57,451 57,451

996,470 341,181 975,365 Lease 2018-3 301 Public Works Motor Grader 1DW670GXJHF683974 2018 John Deere 670G 8 215,000 219,350 219,350 301 Public Works Loader 1DW624KHAHF683418 2017 John Deere 624K-II 8 215,000 186,710 186,710 301 Public Works Low Boy Trailer 57JE52308J3574894 2018 Fontaine 55 Ton Lowboy 8 65,000 69,104 69,104 411 County EMS Ambulance Remount PO 2018-00000233 2018 Dodge 4500 8 141,708 105,664 105,664 305 Landfill Compactor AT1170 2017 Tana E380 ECO 8 750,000 697,262 305 Landfill Dozier 1T0850KXKHF317797 2017 John Deere 850K 8 307,000 331,219 579 Parks Recreation Dump Truck PO 2018-00000174 2018 Frieghtliner M2-112 8 155,000 119,199 119,199 904 Midway EMS Ambulance Remount NO PO N/A N/A N/A 8 123,735 123,735 904 Midway EMS Ambulance Remount NO PO N/A N/A N/A 8 123,735 123,735 2,096,178 700,027 1,975,978 Lease 2018-4

Tagged Passions:leasing, public safety, EMS, Public Works, Public Transit, insect, landfill, airport, recreation, parks, transportation, solid waste, and public works

903 Midway Fire Tower Ladder Truck NO PO N/A N/A N/A 10 1,600,826 1,600,826 1,600,826 - 1,600,826

4,993,474 1,236,076 4,852,169 EXHIBIT B Offeror:
Tagged Passions:Cell tower, cell tower, and transportation

Lease Group Amount Financed Terms APR

Annual Payment Total Payback Terms APR Annual Payment Total Payback Terms APR Annual Payment Total
Tagged Passions:leasing and finance

Payback Terms APR

Annual Payment Total Payback Total Financing 4,852,169.00 7,286,549.02 5,624,369.36 5,650,922.20 5,536,711.56 TOTAL Fees - 1,000.00 250.00 - TOTAL Payback 7,286,549.02 5,625,369.36 5,651,172.20 5,536,711.56

FEES: (none) FEES: 1 @ 1,000.00 Escrow Fee FEES: 1 @ 250.00 Escrow Fee FEES: (none)

Exceptions: (NONE) Exceptions: (Yes, see bid submittal.) Exceptions: (Yes, see bid submittal.) Exceptions: (Yes, see bid submittal.)

] Offeror:

Tagged Passions:rfp and RFP

Lease Group Amount Financed Terms APR

Annual Payment Total Payback Terms APR Annual Payment Total Payback Terms APR Annual Payment Total
Tagged Passions:leasing and finance

Payback Terms APR

Annual Payment Total Payback Total Financing 4,852,169.00 5,529,729.94 5,569,406.70 - -

TOTAL Payback 5,529,729.94 5,569,406.70 - -

No additional detail provided

FEES: (none) FEES: (none) NOTE: NON-RESPONSIVE-did not return any NOTE: NON-RESPONSIVE-Incorrect Form Exceptions: (NONE) Exceptions: (NONE) of our mandatory bid submittal forms. Original Form Submitted, not Revised Form.

Offeror:

Tagged Passions:rfp and RFP

Lease Group Amount Financed Terms APR

Annual Payment Total Payback Terms APR Annual Payment Total Payback
Tagged Passions:leasing and finance

NOTE: NON-RESPONSIVE-Incorrect Form NOTE: NON-RESPONSIVE-Incorrect Form

Original Form Submitted, not Revised Form. Original Form Submitted, not Revised Form. Bid Summary Worksheet: 18-019, FY18 Municipal Lease/Purchase Financing for Vehicles and Heavy Equipment

Tagged Passions:leasing, rfp, RFP, purchasing, and equipment

First Government Lease Co. Bank Funding, LLC PNC Equipment Finance, LLC Banc of America Public Capital Corp.

Carlyle Capital Markets, Inc. TD Equipment Finance, Inc.
Tagged Passions:leasing, equipment, market, funding, and finance

BB T Governmental Finance U.S. Bancorp Government Leasing Finance, Inc. Suntrust City National Capital Finance

Item Number: 6.b Meeting Date: 3/27/2018 Item Type: CONSENT AGENDA AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: Purchasing ISSUE UNDER CONSIDERATION: Procurement 17-081, 4x2 F-550 (or Equal) Fuel/Lube Fleet Service Truck CURRENT STATUS: This vehicle was previously approved in the Capital Equipment Replacement Plan (CERP) to replace the existing 2001 Ford F550, VIN 1FDAF56F51EC05390.
Tagged Passions:leasing, purchasing, council, equipment, finance, and transportation

POINTS TO CONSIDER: This solicitation was advertised in a newspaper of general circulation in Georgetown County and the SC Business Opportunities On-Line Publication, posted on the county website, and a direct postal and e-mail notification was sent to all known offerors. It required two (2) successive advertisements and solicitations before the County received more than a single response.

Tagged Passions:solicitation, advertising, and business

There were two (2) responses tallied on the Public Bid Opening Tabulation on January 31, 2018: > Nichols Fleet Equipment of Chattanooga, TN @ 92,139.00; and > Lynn Cooper, Inc. d/b/a Cooper Motor Company of Clinton, SC @ 69,404.00.

No additional detail provided

Tagged Passions:rfp, RFP, and equipment

FINANCIAL IMPACT: This item is part of the approved Capital Equipment Replacement Plan for a lease period of 6- years under the Municipal Lease Purchase Plan. The original budget estimate provides funding up to 85,000.00.

Tagged Passions:leasing, budget, purchasing, equipment, funding, and finance

OPTIONS: 1) Award a purchase order to Cooper Motor Company of Clinton, SC @ 69,404.00 for the fabrication of a 4x2 Dodge RAM 5500 Fuel/Lube Fleet Service Truck as proposed; -OR- 2) Decline to make an award.

STAFF RECOMMENDATIONS: The Public Services Department and the First Vehicle Services (FVS) staff reviewed the technical specifications checklists and determined that each provider was capable of fabricating the vehicle. FVS requested that the equipment provided be relocated within the proposed bed layout to facilitate ease of access and balanced weight load. The request was acceptable to Cooper Motor Company without effecting the original cost from the low bid provider. Staff's recommendation is for award to Cooper Motor Company of Clinton, SC @ 69,404.00. The County will be responsible for the Infrastructure Maintenance Fee (IMF) which replaced the traditional sales tax. ATTORNEY REVIEW: No
Tagged Passions:legal, taxes, rfp, RFP, Taxes, purchasing, services, Public Works, equipment, sale, transportation, and public works

ATTACHMENTS: Description Type Bid Solicitation Approval Backup Material Public Bid Opening Tabulation Backup Material Recommendation from Mr. Funnye Backup Material

Georgetown County Department of Public Services
Tagged Passions:solicitation, rfp, RFP, services, Public Works, and public works

Phone: (843) 545.3325

Memorandum To: Kyle Prufer, Purchasing Officer From: Ray C. Funnye, Director File No.: 316.16
Tagged Passions:purchasing

Date: March 12, 2018

Re: Recommendation for Bid 17-081, 4x2 F-550 (or Equal)

Tagged Passions:rfp and RFP

Fuel/Lube/Service Truck

The County advertised twice for competitive bids for the purchase of a 4x2 F-550 (or Equal) Fuel/lube/Service Track. The bid opening on 01/31/2018 revealed offers from Nichols Fleet Equipment @ 92,139.00 and from Cooper Motor Company at 69,404.00. After review by Public Services and the County s Fleet Service Provider, First Vehicle Services, a request was made of the low bid offeror to reposition the tanks and equipment for better weight distribution. Cooper Motor Company, after review, stated they could make the requested revisions with no change in price.
Tagged Passions:rfp, RFP, purchasing, services, Public Works, advertising, equipment, transportation, and public works

Based on the aforementioned, I hereby recommend that the award of for Bid 17-081,

Tagged Passions:rfp and RFP

4x2 F-550 (or Equal) Fuel/Lube/Service Truck be made to Cooper Motor Company of

Clinton, SC at 69,404.00, based on the revised equipment locations. The County will be responsible for the Infrastructure Maintenance Fee (IMF) which replaced the traditional sales tax. Item Number: 6.c Meeting Date: 3/27/2018 Item Type: CONSENT AGENDA AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: Purchasing ISSUE UNDER CONSIDERATION: Procurement 17-059, Architectural Design Services: Southern Georgetown County Branch Library CURRENT STATUS: The library seeks a qualified architect of their choice to procure architectural services for the design of the new Southern Georgetown County Branch Library.

Tagged Passions:taxes, Taxes, purchasing, services, council, equipment, sale, library, and transportation

POINTS TO CONSIDER: This solicitation was advertised in a newspaper of general circulation in Georgetown County and the SC Business Opportunities On-Line Publication, posted on the county and SCBO websites, and direct mailed to all known offerors. There were two (2) responses received: 1) Liollio Architecture of Charleston, SC; and 2) Tych Walker Architects, LLP of Pawleys Island, SC

Tagged Passions:solicitation, advertising, and business

FINANCIAL IMPACT: This project shall be funded as previously approved in the 2017 Update to the Capital Improvement Plan ( CIP ). Total costs for the Southern Georgetown County Branch Library are projected to be 2,171,000. The estimated cost for the architectural design portion of the project is 162,520.

Tagged Passions:capital spending, Capital Spending, library, and finance

OPTIONS: 1) Award to Tych Walker Architects, LLP. 2) Deny the request for award.

STAFF RECOMMENDATIONS: The evaluation committee approved by the County Administrator found both bids to be complete bid packages responding to all required specifications. Each also had excellent qualifications and experience with previous public library work. On March 13, 2018, the evaluation committee members interviewed both firms. The committee, nevertheless, unanimously found Tych Walker Architects, LLP to be the most qualified entity for this specific job due to the following strengths: -Lowcountry designs very compatible with our rural site and population. -Extensive regular oversight offered-and previously delivered-by the design principal. -Proven Georgetown County track record with multiple, successful, local public library projects. -Recognition by the Bill and Melinda Gates Foundation, by WebJunction, and by the South Carolina Department of Commerce for public library designs in Andrews and Carvers Bay-two sites similar to the Powell Road area. -Established knowledge of what Georgetown County wants, needs, and can afford. Based on the aforementioned items, the committee recommends award of RFQ 17-059, Architectural Design Services: Southern Georgetown County Branch Library go to Tych Walker Architects, LLP. ATTORNEY REVIEW: No

Tagged Passions:legal, administrator, streets, rfp, RFP, recognition, services, sites, library, and rural

ATTACHMENTS: Description Type Procurement Solicitation Approval Form Cover Memo Public Bid Opening Tabulation Cover Memo Recommendation from Mr. Dwight McInvaill, Georgetown County Library Director Cover Memo

On February 14, 2018, Georgetown County received responses for Architectural Design Services for the Southern Georgetown County Branch Library Project from these two firms: Liollio Architecture Tych Walker Architects.
Tagged Passions:solicitation, rfp, RFP, purchasing, services, and library

Based upon a review of the provided bid documents and interviews on March 13, 2018, both companies demonstrated that they met all of the required bid specifications. Each also had excellent qualifications with previous public library work. Equally they demonstrated keen awareness of the important role of the modern public library as a community center.

The review panel, nevertheless, unanimously found Tych Walker Architects to be the most qualified entity for this specific job due to the following strengths:
Tagged Passions:rfp, RFP, community center, and library

Lowcountry designs very compatible with our rural site and population

Extensive regular oversight offered and previously delivered by the design principal Proven Georgetown County track record with multiple, successful, local public library projects
Tagged Passions:library and rural

Recognition by the Bill and Melinda Gates Foundation, by WebJunction, and by the South Carolina Department of Commerce for public library designs in Andrews and Carvers Bay two sites similar to the Powell Road area

Established knowledge of what Georgetown County wants, needs, and can afford.

Tagged Passions:streets, recognition, sites, and library

Based on the aforementioned, I hereby recommend that the award of RFQ 17-059 for Architectural Design Services for the Southern Georgetown County Branch Library Project go to Tych Walker Architects.

Item Number: 6.d Meeting Date: 3/27/2018 Item Type: CONSENT AGENDA AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: Purchasing ISSUE UNDER CONSIDERATION: Procurement 15-001, Design/Build for Nine (9) Substation Metal Garage Structures: Change Order 04 for the South Island, Gallop and Gapway communities.
Tagged Passions:purchasing, services, council, and library

CURRENT STATUS: The County has the sites prepared on which to erect the next three (3) fire substations located in the South Island, Gallop and Gapway communities. This authorization will be Change Order 04 in the contract sequence.

Tagged Passions:contract and sites

POINTS TO CONSIDER: County Council originally approved the Design/Build contract with Sellers General Construction on July 03, 2015. The original agreement was for (9) substations, of which three (3) are complete. This change order will authorize erection of an additional (3) stations.

Tagged Passions:contract, council, and construction

FINANCIAL IMPACT: This project is funded under the Capital Projects Sales Tax, as follows:

South Island: G/L 89007.50000.0507.50703 @ 32,718.62; Gallop: G/L 89007.50000.0503.50703 @ 32,718.62; and Gapway/Indian Hut: G/L 89007.50000.0509.50703 @ 32,718.62.
Tagged Passions:taxes, capital spending, Taxes, Capital Spending, sale, and finance

OPTIONS: 1) Approve Change Order 04 under Contract 15-001 with Sellers General Construction for erection of three (3) additional fire substations, to total 98,155.86; -OR- 2) Decline to approve the work.

STAFF RECOMMENDATIONS: This ongoing project is a collaboration between Public Services, Capital Projects, Public Works, Emergency Services, and County Fire. Staff supports the continuance for the next three (3) substation. ATTORNEY REVIEW: No

Tagged Passions:contract, legal, capital spending, services, Capital Spending, Public Works, construction, emergency, and public works

ATTACHMENTS: Description Type Contract 15-001, Change Order 04 Exhibit

Item Number: 8.a Meeting Date: 3/27/2018 Item Type: APPOINTMENTS TO BOARDS AND COMMISSIONS AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Disabilities Special Needs Board CURRENT STATUS: Pending reappointment.

Tagged Passions:contract, boards and commissions, appointments, and council

POINTS TO CONSIDER: Thomas Williams currently serves on the Georgetown County Board of Disabilities and Special Needs representing Council District 6. His current term has ended, and Councilmember Steve Goggans desires to nominate Mr. Williams for reappointment to this Board.

FINANCIAL IMPACT: n/a
Tagged Passions:council and finance

OPTIONS: 1. Ratify nomination of Thomas Williams to the Georgetown County Board of Disabilities and Special Needs. 2. Do not ratify this appointment.

Tagged Passions:appointments

STAFF RECOMMENDATIONS: Ratify reappointment of Thomas Williams to the Georgetown County Board of Disabilities and Special Needs.

Item Number: 8.b Meeting Date: 3/27/2018 Item Type: APPOINTMENTS TO BOARDS AND COMMISSIONS AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council
Tagged Passions:boards and commissions, appointments, and council

ISSUE UNDER CONSIDERATION: Economic Development Alliance Board

CURRENT STATUS: Pending
Tagged Passions:development, Development, and economic development

POINTS TO CONSIDER: Councilmember Lillie Jean Johnson would like to re-appoint Ms. Vanessa Green to another term on the Economic Development Alliance Board representing Council District 4.

If reappointed, Ms. Green's term of service will end on March 15, 2022.
Tagged Passions:appointments, council, development, Development, and economic development

OPTIONS: 1. Ratify reappointment of Vanessa Green to the Economic Development Alliance Board.

2. Do not ratify this appointment.
Tagged Passions:appointments, development, Development, and economic development

STAFF RECOMMENDATIONS: Recommendation to ratify the reappointment of Ms. Vanessa Green to the Economic Development Alliance Board (representing County Council District 4).

Item Number: 8.c Meeting Date: 3/27/2018 Item Type: APPOINTMENTS TO BOARDS AND COMMISSIONS AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Georgetown Fire District 1 - Board Appointment CURRENT STATUS: Pending

Tagged Passions:boards and commissions, appointments, council, development, fire departments and districts, Development, and economic development

POINTS TO CONSIDER: The Georgetown County Fire District 1 Board consists of seven members. Five members of the board are appointed to represent the Council Districts located within the Fire District. Two of the board members are appointed to serve at large .

James Al Dennis currently serves on the Board as an at large member. His current term of service ended on March 15, 2018. Mr. Dennis is an active member of the board, and is eligible for reappointment to another term of service. FINANCIAL IMPACT: n/a
Tagged Passions:appointments, council, fire departments and districts, and finance

OPTIONS: 1. Reappoint James Al Dennis to the Georgetown County Fire 1 District Board.

2. Do not ratify this appointment.

Tagged Passions:appointments

STAFF RECOMMENDATIONS: Ratify reappointment of Mr. James Al Dennis to the Georgetown County Fire District 1 Board (at large member).

Item Number: 9.a Meeting Date: 3/27/2018 Item Type: RESOLUTIONS / PROCLAMATIONS AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council ISSUE UNDER CONSIDERATION: Proclamation No. 2018-07 - Declaration of March 2018 as American Red Cross Month CURRENT STATUS: Pending adoption
Tagged Passions:recognition, council, and fire departments and districts

POINTS TO CONSIDER: The American Red Cross saw a record-breaking year in 2017 of challenging domestic and international response efforts. Through the support of its volunteers, in just 45 days, the Red Cross responded to six of the largest and most complex disasters of 2017 including back-to-back hurricanes, the deadliest week of wildfires in California history, and the horrific mass shooting in Las Vegas. In addition, the Red Cross responded to nearly 50,000 home fires in 2017, providing casework assistance to help 76,000 families recover.

In the Lowcountry, the Red Cross has a long history of helping our neighbors in need. The Lowcountry SC chapter assisted with more than 430 local disasters in the past year alone. They installed nearly 6,700 smoke alarms with their partners, which include many of our fine fire departments. In our area, the Red Cross handles an average of more than 2,700 emergency military calls every year collects an average of 30,000 units of blood from our generous blood donors. March is American Red Cross Month, a special time to recognize and thank the Red Cross volunteers and donors who give of their time and resources to help members of the community. The Red Cross depends on these local heroes to deliver help and hope during a disaster. We applaud our heroes throughout the Lowcountry who give of themselves to assist their neighbors when they need a helping hand.
Tagged Passions:recognition, military, volunteer, history, fire departments and districts, and emergency

Proclamation No. 2018-07 dedicates the month of March in support of the American Red Cross, and their mission to prevent and alleviate human suffering in the face of emergencies, and in recognizing that our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission.

FINANCIAL IMPACT: n/a

Tagged Passions:recognition, Donation, donation, and finance

OPTIONS: 1. Adopt Proclamation No. 2018-07 to declare March 2018 as American Red Cross Month in Georgetown County.

No additional detail provided

Tagged Passions:recognition

2.
Do not adopt Proclamation No. 2018-07.

STAFF RECOMMENDATIONS:

Tagged Passions:recognition

Staff recommends the adoption of Proclamation No. 2018-07 declaring March 2018 as American Red Cross Month in Georgetown County.

Cross Month in Georgetown County.
Tagged Passions:recognition

ATTACHMENTS: Description Type Resolution No. 2018-07 Declaring March 2018 as Red Cross Month Resolution Letter

Proclamation No. 2018-07

Tagged Passions:recognition

COUNTY OF GEORGETOWN ) Declaration of March 2018 as ) STATE OF SOUTH CAROLINA ) American Red Cross Month

WHEREAS, the American Red Cross saw a record-breaking year in 2017 of challenging domestic and international response efforts. Through the support of its volunteers, in just 45 days, the Red Cross responded to six of the largest and most complex disasters of 2017 including back-to-back hurricanes, the deadliest week of wildfires in California history, and the horrific mass shooting in Las Vegas. In addition, the Red Cross responded to nearly 50,000 home fires in 2017, providing casework assistance to help 76,000 families recover; and
Tagged Passions:volunteer and history

WHEREAS, in the Lowcountry, the Red Cross has a long history of helping our neighbors in need. The Lowcountry SC chapter assisted with more than 430 local disasters in the past year alone. They installed nearly 6,700 smoke alarms with their partners, which include many of our fine fire departments. In our area, the Red Cross handles an average of more than 2,700 emergency military calls every year collects an average of 30,000 units of blood from our generous blood donors; and

WHEREAS, March is American Red Cross Month, a special time to recognize and thank the Red Cross volunteers and donors who give of their time and resources to help members of the community. The Red Cross depends on these local heroes to deliver help and hope during a disaster. We applaud our heroes throughout the Lowcountry who give of themselves to assist their neighbors when they need a helping hand; and
Tagged Passions:recognition, military, volunteer, history, fire departments and districts, and emergency

WHEREAS, across the country and around the world, the American Red Cross responds to disasters big and small. It collects about 40 percent of the nation s blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills such as lifeguarding and CPR; and through its Restoring Family Links program, connects family members separated by crisis, conflict or migration; and

WHEREAS, we dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission; and

Tagged Passions:veterans, military, Donation, beach, program, and donation

NOW, THEREFORE, Georgetown County Council does hereby proclaim March 2018 as

American Red Cross Month and encourages all Americans to support this organization and its noble humanitarian mission. SO SHALL IT BE, this 27th day of March, in the year of our Lord two thousand eighteen, and of the Georgetown, South Carolina. _______________________________ Johnny Morant, Chairman Georgetown County Council ATTEST: ____________________________ Theresa E. Floyd, Clerk to Council Item Number: 9.b Meeting Date: 3/27/2018 Item Type: RESOLUTIONS / PROCLAMATIONS AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council
Tagged Passions:recognition and council

ISSUE UNDER CONSIDERATION: Resolution No. 2018-08 - In Support of the North Inlet-Winyah Bay National Estuarine Research Reserve (NI-WB NERR)

No additional detail provided

CURRENT STATUS: Georgetown County benefits greatly from the North Inlet-Winyah Bay National Estuarine Research Reserve. The National Estuarine Research Reserve System is a network of 29 coastal sites, including NI-WB NERR, designated to protect and study estuarine systems. Established through the Coastal Zone Management Act of 1972, the reserves represent a partnership program between NOAA and the coastal states.

The President s budget has zeroed out a number of programs, including the NOAA/NERRS line item. Wendy Allen, Manager of the North Inlet-Winyah Bay National Estuarine Research Reserve is in Washington, DC conferring with the National Estuarine Research Reserve Association (NERRA) and lobbying for funding for NOAA/NERR. She previously contacted Councilmember John Thomas requesting letters of support of our reserve and the NERRS budget to our US Congressional Representatives.
Tagged Passions:budget, manager, sites, program, funding, and lobbying

POINTS TO CONSIDER: The North Inlet Winyah Bay National Estuarine Research Reserve was designated in 1992 and is located in Georgetown County, South Carolina. It encompasses 18,916 acres of tidal marshes and wetlands, much of which is on Hobcaw Barony, the property of the Belle W. Baruch Foundation, that manages its lands in perpetuity for conservation, research and education.

The NI-WB NERR is administered by the Belle W. Baruch Institute for Marine and Coastal Sciences of the University of South Carolina. NOAA s Office for Coastal Management provides funding, national guidance, and technical assistance. North Inlet is an ocean-dominated estuary with extensive salt marshes and a small forested watershed that is largely undeveloped. In contrast, Winyah Bay is a brackish-water estuary (the third largest on the East Coast) that drains five major rivers and is influenced by agriculture, industry, and other human activities. This reserve provides habitat for many species, including federally threatened and endangered sea turtles, sturgeon, red knots, and wood storks. The reserve conducts scientific research and provides education programs needed by South Carolina s coastal counties and the nation to conserve and manage coastal resources. OPTIONS:
Tagged Passions:university, property, education, University of South Carolina, Utility, agriculture, watershed, program, funding, utility, Conservation, and water

1.
Adopt Resolution No. 2018-08 in Support of the North Inlet-Winyah Bay National Estuarine Research Reserve.

Research Reserve.

2.
Do not Resolution No. 2018-08.

STAFF RECOMMENDATIONS: Recommendation for adoption of Resolution No. 2018-08 in support of the North Inlet-Winyah Bay National Estuarine Research Reserve.

ATTACHMENTS: Description Type Resolution No. 2018-08 Support of NIWB-NERR Resolution Letter

Resolution No. 2018-08

COUNTY OF GEORGETOWN ) In Support of the North-Inlet Winyah Bay ) National Estuarine Research Reserve STATE OF SOUTH CAROLINA )

Whereas, the mission of Georgetown County Government is to promote the health, safety, and welfare of citizens; and Whereas, the NI-WB NERR, located in Georgetown County, supports the County s mission by conducting scientific research and providing education programs needed by South Carolina s coastal counties to conserve and manage coastal resources; and
Tagged Passions:education, health, and program

Whereas, The NI-WB NERR is one of the most studied estuaries in the world, with some long-term studies spanning more than 35 years, more than 80 different studies conducted in the reserve annually, and over 15,000 people visiting its Discovery Center each year to participate in educational programs; and

Tagged Passions:program

Whereas, The NERR Coastal Training Program provides science-based information, tools, technical training, and assistance to coastal decision makers (county and municipal officials, planners, engineers, and developers) whose decisions affect coastal resources. Last year 360 community decision makers were provided with information they used to address land use, stormwater and flooding issues; and

Whereas, through its Living Shorelines Study, the effectiveness of different approaches to reduce erosion along marsh edges are examined, and the study will help guide the South Carolina Department of Health and Environmental Control s future shoreline protection policies; and Whereas, the reserve continues research on stormwater ponds and their effectiveness in removing pollutants, leading an effort to identify, map, and classify the 21,000 ponds that exist in South Carolina s coastal counties, over 9,000 of which are associated with coastal development; and Whereas, the NERR mission includes an emphasis on education, with school programs for K-12 students and teachers including in-school programming as well as field studies conducted on site. The Reserve has reached over 50,000 students directly since its establishment 26 years ago, and each year trains about 50 teachers in science, technology, engineering, and math and each of these teachers in turn reach on average 26 students; and Whereas, the Georgetown Sustainability Coalition, designated as a United Nations Regional Centre of Expertise, was formed by the NI-WB NERR, Coastal Carolina University, and county and municipal leaders, and is the only regional center of expertise on the east coast in a network of 154 worldwide. The Coalition is addressing long-term environmental, social and economic sustainability for Georgetown County to inform the Georgetown community in resiliency planning; and Whereas, NERR scientific research focused on coastal ecology and coastal management issues has benefitted communities throughout the Southeast, including Murrells Inlet, SC. A NOAA supported study through the Urbanization and Southeastern Estuarine System (USES) Initiative utilized Murrells Inlet as a case study to analyze the effects of urbanization on coastal estuaries. NOW, THEREFORE, BE IT RESOLVED THAT Georgetown County Council recognizes that North Inlet-Winyah Bay National Estuarine Research Reserve science, education, training, and technical support provides essential value to the state of South Carolina and coastal counties, and supports continued funding, guidance, and technical support from NOAA through the Coastal Zone Management Act of 1972.
Tagged Passions:university, education, recognition, council, Technology, development, sustainability, technology, training, flooding, health, students, program, funding, planning, environment, Development, and stormwater

Adopted this 27th Day of March, 2018. ______________________

Johnny Morant, Chairman ATTEST: ___________________ Theresa Floyd, Clerk Item Number: 11.a Meeting Date: 3/27/2018 Item Type: SECOND READING OF ORDINANCES
Tagged Passions:ordinance

DEPARTMENT: Planning / Zoning

Tagged Passions:planning and zoning

ISSUE UNDER CONSIDERATION: Ordinance No. 2018-05 - A proposed zoning text amendment to the Zoning Ordinance to allow accessory dwelling units in certain zoning districts.

CURRENT STATUS: Currently, accessory dwelling units are allowed in the General Residential (GR), Rural General Residential (RG), Five Acre Residential (R-5AC) and Preservation Agriculture (PA) districts. POINTS TO CONSIDER: 1. The County frequently receives plans that show space, particularly attic space, that could be converted into a small living space. It has been the policy of the County to approve such plans as long as no stove was present. Often such space is referred to as recreational. 2. Staff considered the issue of length of stay or short-term versus long-term rentals. The attached ordinance addresses long term stays which were deemed to be in excess of ninety (90) days. It is not the intention of the proposed ordinance to further promote short term beach and weekly vacation rentals.
Tagged Passions:policy, ordinance, rental, agriculture, beach, zoning, recreation, preservation, and rural

3.
Accessory dwelling units (ADU's) are also referred to as garage apartments, granny flats and mother-in-law suites in some localities. They are not duplexes which have two families living under one roof.

No additional detail provided

4.
Staff believes there are many benefits to accessory dwelling units such as providing affordable housing, promoting on-site care giving, providing smaller spaces wanted by many people and providing income to assist the principal homeowner.

No additional detail provided

Tagged Passions:housing

5.
The General Residential (GR) District currently requires the addition of 2,000 square feet to a standard lot to accommodate a second family. Staff utilized this concept for districts with a minimum lot size of less than one-half acre. Districts that already require more than a half-acre were not required to add square footage to accommodate an accessory dwelling unit.

6.
Staff does not believe this ordinance will spark a huge surge of accessory dwellings, but will be greatly beneficial to those families needing such a dwelling. This would include young people entering the job market, the elderly, people that require care from family members, people that require additional income to maintain their mortgage and people who just want to downsize.

No additional detail provided

Tagged Passions:ordinance and market

7.
Staff did not recommend that the type of occupancy be addressed beyond limiting it to long term. It is not practical to limit occupancy to blood relatives as staff would have no means to verify kinship. Additionally, staff sees no negative issue with allowing a homeowner to charge rent to an occupant of an accessory unit. These funds would go far toward promoting affordable housing which is a primary County goal.

No additional detail provided

Tagged Passions:funding and housing

8.
Staff earlier presented an ordinance that related the size of the accessory dwellings to lot size. It has since been decided that this approach may have unintended consequences. The current proposed ordinance recommends that accessory units be limited to nine hundred (900) square feet of habitable space.

No additional detail provided

Tagged Passions:ordinance

9.
Staff recommended approval for the attached ordinance.

No additional detail provided

Tagged Passions:ordinance

10.
The Planning Commission held a public hearing on this issue at their February 15th meeting. A representative from the Hagley Estates POA spoke with concerns about the effect this ordinance would have on established neighborhoods on the Waccamaw Neck as well as the hardship it would place on POA's in terms of the enforcement of deed restrictions. The PC discussed the possibility of requiring letters of notification to immediately adjacent property owners as part of the building permit application process when an accessory dwelling is proposed.

Tagged Passions:hearing, property, boards and commissions, ordinance, planning, and neighborhood

11.
The Commission voted 7 to 0 to recommend approval for the attached ordinance.

FINANCIAL IMPACT: Not applicable OPTIONS:
Tagged Passions:boards and commissions, ordinance, and finance

1.
Approve as recommended by PC 2. Approve an amended text change 3. Deny text change 4. Remand to PC for further study 5. Defer action

STAFF RECOMMENDATIONS: Approve as recommended by PC ATTORNEY REVIEW: Yes

Tagged Passions:legal

ATTACHMENTS: Description Ordinance No. 2018-05 proposed zoning text amendment to the Zoning Ordinance to allow accessory dwelling units in certain zoning districts.

No additional detail provided

Tagged Passions:ordinance and zoning

STATE OF SOUTH CAROLINA ) ) ORDINANCE NO: 2018-05 COUNTY OF GEORGETOWN )

Tagged Passions:ordinance

AN ORDINANCE TO AMEND ARTICLE III, DEFINITIONS, AND ARTICLE VI REQUIREMENTS BY DISTRICT, SECTIONS 601, 602, 603, 604, 605, 607, 610, 611, 622, 623, 625, 627, 628, 629, AND 630 OF THE ZONING ORDINANCE OF GEORGETOWN COUNTY, SOUTH CAROLINA TO ADDRESS ACCESSORY DWELLINGS

WHEREAS, THE CREATION OF AFFORDABLE HOUSING IS A GOAL OF GEORGETOWN COUNTY; AND WHEREAS, MANY FAMILIES WANT THEIR AGING MEMBERS TO ENJOY THE EMOTIONAL AND FINANCIAL BENEFITS OF LIVING NEAR THEIR FAMILIES AND CARE GIVERS; AND WHEREAS, HOME OWNERSHIP IS INCREASINGLY DIFFICULT AND REVENUE GENERATED FROM AN ACCESSORY DWELLING WILL GREATLY BENEFIT A HOME OWNER; AND WHEREAS, MANY PEOPLE DO NOT NEED OR DESIRE LARGE SQUARE FOOTAGE TO ENJOY LIFE; AND WHEREAS, ACCESSORY DWELLINGS WOULD NOT CAUSE HARM TO NEIGHBORHOODS AND THIS ORDINANCE HAS NO EFFECT ON SUBDIVISIONS WITH CONFLICTING DEED RESTRICTIONS OR COVENANTS; AND WHEREAS, THIS ORDINANCE DOES NOT ENCOURAGE SHORT-TERM RENTALS.

Tagged Passions:ordinance, short-term rental, rental, subdivision, zoning, housing, finance, and neighborhood

NOW THEREFORE BE IT ORDAINED BY THE COUNTY COUNCIL MEMBERS OF GEORGETOWN COUNTY, SOUTH CAROLINA, THAT ARTICLE III, DEFINITIONS, SECTION 339, DWELLING UNIT, OF THE ZONING ORDINANCE BE AMENDED BY ADDING SUBSECTION 339.5, ACCESSORY DWELLING UNIT, WHICH SHALL READ AS FOLLOWS:

339.5 Dwelling Unit, Accessory. A detached secondary single family dwelling that meets the International Building Codes, not to include a mobile home, located on the same parcel as a principal structure. Accessory dwelling units are to provide habitation for long-term periods which shall be deemed to exceed more than ninety (90) consecutive days.

Tagged Passions:property, ordinance, council, zoning, and building codes

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 601, FOREST AND AGRICULTURE (FA), SUBSECTION 601.108 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance, agriculture, and zoning

601.108 Single family dwellings and one accessory dwelling per parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

No additional detail provided

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 602, ONE ACRE RESIDENTIAL DISTRICT (R-1AC), SUBSECTION 602.101 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

602.101 Single family dwellings and one accessory dwelling per parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

No additional detail provided

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 603, ONE HALF ACRE RESIDENTIAL DISTRICT (R-1/2AC), SUBSECTION 603.101 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

603.101 Single family dwellings and one accessory dwelling per parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

No additional detail provided

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 604, 10,000 SQUARE FEET RESIDENTIAL DISTRICT (R-10), BE AMENDED BY ADDING SUBSECTION 604.203 WHICH SHALL READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

604.203 Accessory dwelling unit provided that:

604.2031 One accessory dwelling unit shall be allowed on a parcel with a principal use if the total parcel area is at least 12,000 square feet in area and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 605, 10,000 SQUARE FEET RESIDENTIAL DISTRICT (MR-10), SUBSECTION 605.202 BE ADDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

605.202 One accessory dwelling unit shall be allowed on a parcel with a principal use if the total parcel area is at least 12,000 square feet. Additionally, an accessory dwelling unit shall not be permitted as

Tagged Passions:property

an accessory to a mobile home and the habitable space of the accessory unit shall not exceed nine hundred (900) square feet;

No additional detail provided

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 610, NEIGHBORHOOD COMMERCIAL DISTRICT (NC), SUBSECTION 610.206 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:commercial, ordinance, zoning, and neighborhood

610.206 Accessory dwelling units located on a parcel when the single family principal dwelling is not a mobile and the habitable space of the accessory unit does not exceed nine hundred (900) square feet. Detached accessory dwelling structures are not permitted when the principal use of a parcel is not residential.

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTICT, SECTION 611, GENERAL COMMERCIAL (GC), SUBSECTION 611.221 BE ADDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:commercial, ordinance, and zoning

611.221 Accessory dwelling units located on a parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet. Detached accessory dwelling structures are not permitted when the principal use of a parcel is not residential.

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 622, VILLAGE 10,000 SQUARE FEET RESIDENTIAL DISTRICT (VR-10), SUBSECTION 622.206 BE ADDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

622.206 One accessory dwelling unit shall be allowed on a parcel with a principal use if the total parcel area is at least 12,000 square feet and the habitable space of the accessory unit does not exceed nine hundred (900) square feet. Additionally, an accessory dwelling unit shall not be permitted as an accessory to a mobile home.

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 623, RURAL VILLAGE COMMERCIAL (RVC), SUBSECTION 623.205 BE ADDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:commercial, ordinance, zoning, and rural

623.205 One accessory dwelling unit shall be allowed on a parcel with a single family principal dwelling when the single family principal dwelling is not a mobile home and the habitable space of the

accessory unit does not exceed nine hundred (900) square feet. Additionally, an accessory dwelling unit shall not be permitted as an accessory to a mobile home.
Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 625, FOREST AGRICULTURE/RESIDENTIAL DISTRICT (FA/R), SUBSECTION 625.106 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance, agriculture, and zoning

625.106 Single family dwellings and one accessory dwelling per parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet.

No additional detail provided

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 627, THREE-QUARTER ACRE RESIDENTIAL DISTRICT (R-3/4AC), SECTION 627.101 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

627.101 Single family dwellings and one accessory dwelling per parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

No additional detail provided

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 628, FOREST AND AGRICULTURE/COMMERCIAL DISTRICT (FA/C), SUBSECTION 628.108 BE AMENDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:commercial, ordinance, agriculture, and zoning

628.108 Single family dwellings and one accessory dwelling per parcel when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

No additional detail provided

Tagged Passions:property

BE IT FURTHER ORDAINED THAT THE ZONING ORDINANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 629, 8,000 SQUARE FEET RESIDENTIAL DISTRICT (R-8), SUBSECTION 629.203, BE ADDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:ordinance and zoning

629.203 Accessory dwelling unit provided that:

629.2031 One accessory dwelling unit shall be allowed on a parcel with a principal use if the total parcel area is at least 10,000 square feet in

Tagged Passions:property

area when the single family principal dwelling is not a mobile home and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

BE IT FURTHER ORDAINED THAT THE ZONING ORDIONANCE, ARTICLE VI, REQUIREMENTS BY DISTRICT, SECTION 630, 6,000 SQUARE FEET DISTRICT (R-6), SUBSECTION 630.301 BE ADDED TO READ AS FOLLOWS:

No additional detail provided

Tagged Passions:zoning

630.3 Accessory dwelling unit provided that:

630.301 One accessory dwelling unit shall be allowed on a parcel with a principal single family dwelling that is not a mobile home if the total parcel area is at least 8,000 square feet in area and the habitable space of the accessory unit does not exceed nine hundred (900) square feet;

Tagged Passions:property

DONE, RATIFIED AND ADOPTED THIS __________ DAY OF ____________________, 2018.

___________________________________ (SEAL) Johnny Morant Chairman, Georgetown County Council

ATTEST: ___________________ Theresa Floyd Clerk to Council This Ordinance, No. 2018-05, has been reviewed by me and is hereby approved as to form and legality. ___________________________________ Wesley P. Bryant Georgetown County Attorney

Tagged Passions:legal, ordinance, and council

First Reading: ______________________________ Second Reading: _____________________________ Third Reading: _______________________________

Item Number: 12.a Meeting Date: 3/27/2018 Item Type: FIRST READING OF ORDINANCES AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council
Tagged Passions:ordinance and council

ISSUE UNDER CONSIDERATION: Ordinance No. 2018-06 - An Ordinance to amend Ordinance No. 2015-27 Authorizing Certain Economic Development Incentives for Black Family Limited Partnership, MPW Inc., and Other Affiliations Including Entering Into A Fee in Lieu of Property Tax Agreement for the Project, and Other related Matters, between Georgetown County, South Carolina, and MPW.

CURRENT STATUS: First Reading by title.
Tagged Passions:taxes, property, Taxes, ordinance, development, Fee-in-lieu, incentive, Development, property tax, and economic development

OPTIONS: 1. Adoption of Ordinance No. 2018-06. 2. Do not adopt Ordinance No. 2018-06.

STAFF RECOMMENDATIONS: Adoption of Ordinance No. 2018-06. Item Number: 12.b Meeting Date: 3/27/2018 Item Type: FIRST READING OF ORDINANCES AGENDA REQUEST FORM GEORGETOWN COUNTY COUNCIL DEPARTMENT: County Council
Tagged Passions:ordinance and council

ISSUE UNDER CONSIDERATION: Ordinance No. 2018-07 - An Ordinance Authorizing the Execution and Delivery of a Fee In Lieu of Tax Agreement By and Between Georgetown County, South Carolina, and Liberty Steel Georgetown, Inc. with respect to certain Economic Development Property in the County, Whereby Such Property Will Be Subject to Certain Payments in Lieu of Taxes; and other Matters Relating Thereto.

CURRENT STATUS: First Reading
Tagged Passions:taxes, property, Taxes, ordinance, development, Fee-in-lieu, incentive, Development, and economic development

OPTIONS: 1. Adopt Ordinance No. 2018-07. 2. Do no adopt Ordinance No. 2018-07.

No additional detail provided

Tagged Passions:ordinance

STAFF RECOMMENDATIONS: Adopt Ordinance No. 2018-07.

Tagged Passions:ordinance

ATTACHMENTS: Description Type Ordinance No. 2018-07 FILOT Liberty Steel Ordinance Liberty Steel Fee Agreement Exhibit

1769343v2 ORDINANCE NO. 2018-07

Tagged Passions:ordinance and incentive

AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE IN LIEU OF TAX AGREEMENT BY AND BETWEEN GEORGETOWN COUNTY, SOUTH CAROLINA AND LIBERTY STEEL GEORGETOWN, INC. WITH RESPECT TO CERTAIN ECONOMIC DEVELOPMENT PROPERTY IN THE COUNTY, WHEREBY SUCH PROPERTY WILL BE SUBJECT TO CERTAIN PAYMENTS IN LIEU OF TAXES; AND OTHER MATTERS RELATED THERETO.

WHEREAS, GEORGETOWN COUNTY, SOUTH CAROLINA (the County ), acting by and through its County Council (the County Council ), is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44 (the FILOT Act ), Title 4, Chapter 1 (the Multi-County Park Act ), and Title 4, Chapter 29, of the Code of Laws of South Carolina 1976, as amended, to enter into agreements with industry whereby the industry would pay fees-in- lieu-of taxes with respect to qualified projects; through all such powers the industrial development of the State of South Carolina (the State ) will be promoted and trade developed by inducing manufacturing and commercial enterprises to locate or remain in the State and thus utilize and employ the manpower, products and resources of the State and benefit the general public welfare of the County by providing services, employment, recreation or other public benefits not otherwise provided locally; and WHEREAS, pursuant to the FILOT Act, and in order to induce investment in the County, the County did previously enter into an Inducement Agreement dated _______, 2018 (the Inducement Agreement ) with Liberty Steel Georgetown, Inc., a Delaware corporation (the Company ), with respect to the acquisition, construction, and installation of land, buildings, improvements, fixtures, machinery, equipment, furnishings and other real and/or tangible personal property to constitute and an expansion of the Company s existing facilities in the County for the manufacture of coiled wire rod and other products (collectively, the Project ); and WHEREAS, the Company has represented that the Project will involve an investment of approximately at least 16,600,000.00 in the County and the expected creation of approximately 150 new, full-time jobs at the Project, all within the Investment Period (as such term is defined in the hereinafter defined Fee Agreement); and WHEREAS, the County has determined on the basis of the information supplied to it by the Company that the Project would be a project and economic development property as such terms are defined in the FILOT Act, and that the Project would serve the purposes of the FILOT Act; and WHEREAS, pursuant to the authority of Section 4-1-170 of the Multi-County Park Act and Article VIII, Section 13 of the South Carolina Constitution, the County intends to cause the Project, to the extent not already therein located, to be placed in a joint county industrial and business park (a Park ) such that the Project will receive the benefits of the Multi-County Park Act; and

Tagged Passions:taxes, commercial, property, Taxes, services, ordinance, trade, council, development, expansion, investment, Fee-in-lieu, equipment, jobs, employment, recreation, construction, parks, incentive, Development, industrial, economic development, and business

2
1769343v2

WHEREAS, pursuant to the Inducement Agreement, the County has agreed to, among other things, enter into a Fee in Lieu of Tax Agreement with the Company (the Fee Agreement ), whereby the County would provide therein for a payment of a fee-in-lieu-of taxes by the Company with respect to the Project; and WHEREAS, the County Council has caused to be prepared and presented to this meeting the form of the Fee Agreement which the County proposes to execute and deliver; and WHEREAS, the County and ISG Georgetown, Inc. entered into an Inducement and Millage Rate Agreement dated as of August 10, 2004 (the 2004 Inducement Agreement ) to provide for the establishment and location of an additional Project in the County pursuant to the terms of the FILOT Act (the 2004 Project ); and WHEREAS, pursuant to the 2004 Inducement Agreement, the County Council enacted on December 20, 2005 an Ordinance (hereinafter the 2005 Fee Ordinance ) to authorize the County to enter into certain agreements and transactions contemplated in the Inducement Agreement with ISG Georgetown, Inc., including, but not limited to, a fee-in-lieu of tax agreement relating to the 2004 Project; and WHEREAS, in furtherance of the 2004 Project and in accordance with the terms of the 2004 Inducement Agreement and the 2005 Fee Ordinance, the County and ISG Georgetown, Inc. executed and delivered that certain Fee in Lieu of Tax Agreement dated as of December 20, 2005 (hereinafter the 2005 Fee Agreement ); and WHEREAS, in connection with one or more merger(s), stock sale(s), or corporate reorganization(s), ISG Georgetown, Inc. subsequently changed its corporate name to Arcelormittal Georgetown, Inc., and has again changed its name to Liberty Georgetown Steel, Inc. (the name of the Company); and,
Tagged Passions:taxes, Taxes, ordinance, council, Fee-in-lieu, sale, and incentive

WHEREAS, to the extent that the above described merger(s), stock sale(s), or corporate reorganization(s) (hereinafter the Transfers ) require consent of the County under the 2005 Fee Agreement and/or the Transfer Provisions (as such term is defined therein) in order for the 2005 Fee Agreement and the benefits provided to the Company thereunder to continue with and/or be assigned or transferred to the Company following such Transfers, the County desires to grant such consent; and,

Tagged Passions:sale and grant

WHEREAS, it appears that the documents above referred to, which are now before this meeting, are in appropriate form and are an appropriate instrument to be executed and delivered or approved by the County for the purposes intended;

NOW, THEREFORE, BE IT ORDAINED, by the County Council as follows:

Tagged Passions:council

Section 1. Based on information supplied by the Company, it is hereby found, determined and declared by the County Council, as follows:

Tagged Passions:council

(a) The Project will constitute a project and economic development property as said terms are referred to and defined in the FILOT Act, and the County s actions herein will

Tagged Passions:property, development, incentive, Development, and economic development

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subserve the purposes and in all respects conform to the provisions and requirements of the FILOT Act;
Tagged Passions:incentive

(b) The Project is anticipated to benefit the general public welfare of the County by providing services, employment, recreation or other public benefits not otherwise provided locally;

(c) Neither the Project, nor any documents or agreements entered into by the County in connection therewith, will give rise to any pecuniary liability of the County or any incorporated municipality or a charge against the general credit or taxing power of either; (d) The purposes to be accomplished by the Project, i.e., economic development, creation of jobs and addition to the tax base of the County, are proper governmental and public purposes; and (e) The benefits of the Project are anticipated to be greater than the costs. Section 2. The form, terms and provisions of the Fee Agreement presented to this meeting are hereby approved and all of the terms and provisions thereof are hereby incorporated herein by reference as if the Fee Agreement was set out in this Ordinance in its entirety. The Chairman of County Council and/or the County Administrator are hereby authorized, empowered and directed to execute, acknowledge and deliver the Fee Agreement in the name of and on behalf of the County, and the Clerk to County Council is hereby authorized and directed to attest the same, and thereupon to cause the Fee Agreement to be delivered to the Company and cause a copy of the same to be delivered to the Georgetown County Auditor, Assessor and Treasurer. The Fee Agreement is to be in substantially the form now before this meeting and hereby approved, or with such minor changes therein as shall be approved by the County Administrator, upon advice of counsel, his execution thereof to constitute conclusive evidence of his approval of any and all changes or revisions therein from the form of Fee Agreement now before this meeting.
Tagged Passions:Treasurer, taxes, administrator, audit, Taxes, TREASURER, services, ordinance, council, development, jobs, employment, recreation, Development, and economic development

Section 3. The County shall use its best efforts and endeavor to work with one or more adjoining counties (and, to the extent any portion of the Project site is located within the corporate limits of a municipality, to work with such municipality) to cause the Project site to be located within a Park, through amendment of an existing Park or creation of a new Park in accordance with the Multi-County Park Act. The County shall undertake those procedures and documents necessary for the creation or expansion of such Park and shall use its best efforts to maintain the Project site in such Park during the term of the incentives provided for pursuant to the Inducement Agreement and the Fee Agreement or subsequent ordinances or agreements.

Tagged Passions:ordinance, expansion, parks, incentive, and procedure

Section 4. The Chairman of County Council, the County Administrator and the Clerk to County Council, for and on behalf of the County, are hereby authorized and directed to do any and all things necessary to effect the execution and delivery of the Fee Agreement and the performance of all obligations of the County thereunder.

Tagged Passions:administrator, council, and performance

Section 5. The County hereby consents to the Transfers and to the continuation of the 2005 Fee Agreement in the name of and for the benefit of the Company; provided, however, that in so consenting the County has not waived any default or breach under the 2005 Fee Agreement or otherwise waived any rights or remedies it may have thereunder.

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No additional detail provided

Section 6. The provisions of this ordinance are hereby declared to be separable and if any section, phrase or provisions 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 remainder of the sections, phrases and provisions hereunder.

Section 7. All ordinances, resolutions, and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. This ordinance shall take effect and be in full force from and after its passage by the County Council. ENACTED in meeting duly assembled this __ day of ______, 2018.
Tagged Passions:legal, ordinance, council, and court

GEORGETOWN COUNTY, SOUTH CAROLINA

Chairman of County Council

Attest: Clerk to County Council
Tagged Passions:council

First Reading: ___________, 2018 Second Reading: ___________, 2018 Third Reading: ___________, 2018 Public Hearing: ___________, 2018

1769343v2
Tagged Passions:hearing

STATE OF SOUTH CAROLINA

COUNTY OF GEORGETOWN

I, the undersigned Clerk to County Council of Georgetown County, South Carolina, do hereby certify that attached hereto is a true, accurate and complete copy of an ordinance which was given reading, and received unanimous approval, by the County Council at its meetings of _________, 2018, _________, 2018, and _________, 2018, at which meetings a quorum of members of County Council were present and voted, and an original of which ordinance is filed in the permanent records of the County Council.

_______________________________________ ____ Clerk to County Council, Georgetown County, South Carolina 1769344v2 FEE IN LIEU OF TAX AGREEMENT Between
Tagged Passions:taxes, Taxes, ordinance, council, Fee-in-lieu, and incentive

GEORGETOWN COUNTY, SOUTH CAROLINA

and LIBERTY STEEL GEORGETOWN, INC. Dated as of __________, 2018 i 1769344v2

TABLE OF CONTENTS

ARTICLE I DEFINITIONS SECTION 1.01 DEFINITIONS .............................................................................................................. 2 SECTION 1.02 PROJECT-RELATED INVESTMENTS ............................................................................. 5 ARTICLE II REPRESENTATIONS, WARRANTIES, AND AGREEMENTS SECTION 2.01 REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF THE COUNTY ................... 6 SECTION 2.02 REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF THE COMPANY ................ 6 ARTICLE III
Tagged Passions:public safety and investment

COMMENCEMENT AND COMPLETION OF THE PROJECT SECTION 3.01 THE PROJECT ............................................................................................................. 7 SECTION 3.02 DILIGENT COMPLETION ............................................................................................. 7 SECTION 3.03 FILINGS AND REPORTS ............................................................................................... 7

ARTICLE IV FILOT PAYMENTS SECTION 4.01 FILOT PAYMENTS .................................................................................................... 9 SECTION 4.02 [INTENTIONALLY OMITTED] .............................. ERROR BOOKMARK NOT DEFINED. SECTION 4.03 FAILURE TO ACHIEVE MINIMUM INVESTMENT REQUIREMENTS .............................. 10 SECTION 4.04 REMOVAL OF EQUIPMENT ....................................................................................... 10 SECTION 4.05 FILOT PAYMENTS ON REPLACEMENT PROPERTY ................................................... 11 SECTION 4.06 REDUCTIONS IN PAYMENT OF TAXES UPON DIMINUTION IN VALUE; INVESTMENT MAINTENANCE REQUIREMENT ................................................................................... 11 ARTICLE V

Tagged Passions:taxes, property, Taxes, investment, equipment, and incentive

PARTICULAR COVENANTS AND AGREEMENTS SECTION 5.01 CESSATION OF OPERATIONS .................................................................................... 12 SECTION 5.02 RIGHTS TO INSPECT ................................................................................................. 12 SECTION 5.03 CONFIDENTIALITY ................................................................................................... 12 SECTION 5.04 LIMITATION OF COUNTY S LIABILITY...................................................................... 13 SECTION 5.05 MERGERS, REORGANIZATIONS AND EQUITY TRANSFERS ........................................ 13 SECTION 5.06 INDEMNIFICATION COVENANTS ............................................................................... 13 SECTION 5.07 QUALIFICATION IN STATE ........................................................................................ 14 SECTION 5.08 NO LIABILITY OF COUNTY S PERSONNEL ................................................................ 14 SECTION 5.09 ASSIGNMENT, LEASES OR TRANSFERS ..................................................................... 14 SECTION 5.10 ADMINISTRATION EXPENSES ................................................................................... 15 SECTION 5.11 PRIORITY LIEN STATUS ........................................................................................... 15

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Tagged Passions:leasing and personnel

SECTION 5.12 INTEREST; PENALTIES .............................................................................................. 15 SECTION 5.13 SPONSOR AFFILIATES .............................................................................................. 15

ARTICLE VI DEFAULT SECTION 6.01 EVENTS OF DEFAULT ............................................................................................... 17 SECTION 6.02 REMEDIES UPON DEFAULT ...................................................................................... 17 SECTION 6.03 REIMBURSEMENT OF LEGAL FEES AND EXPENSES AND OTHER EXPENSES .............. 18 SECTION 6.04 NO WAIVER ............................................................................................................. 18 ARTICLE VII MISCELLANEOUS SECTION 7.01 NOTICES .................................................................................................................. 19 SECTION 7.02 BINDING EFFECT ..................................................................................................... 19 SECTION 7.03 COUNTERPARTS ....................................................................................................... 20 SECTION 7.04 GOVERNING LAW .................................................................................................... 20 SECTION 7.05 HEADINGS ............................................................................................................... 20 SECTION 7.06 AMENDMENTS ......................................................................................................... 20 SECTION 7.07 FURTHER ASSURANCE ............................................................................................. 20 SECTION 7.08 INVALIDITY; CHANGE IN LAWS ............................................................................... 20 SECTION 7.09 TERMINATION BY COMPANY ................................................................................... 20 SECTION 7.10 ENTIRE UNDERSTANDING ........................................................................................ 21 SECTION 7.11 WAIVER ................................................................................................................... 21 SECTION 7.12 BUSINESS DAY ........................................................................................................ 21
Tagged Passions:legal, events, and business

EXHIBIT A DESCRIPTION OF LAND EXHIBIT B INVESTMENT CERTIFICATION EXHIBIT C MINIMUM JOB REQUIREMENT CERTIFICATION EXHIBIT D FORM OF JOINDER AGREEMENT

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Tagged Passions:investment

SUMMARY OF CONTENTS OF FEE IN LIEU OF TAX AGREEMENT

As permitted under Section 12-44-55(B), Code of Laws of South Carolina 1976, as amended (the Code ), the parties have agreed to waive the requirements of Section 12-44-55 of the Code. The following is a summary of the key provisions of this Fee in Lieu of Tax Agreement. This summary is inserted for convenience only and does not constitute a part of this Fee in Lieu of Tax Agreement or a summary compliant with Section 12-44-55 of the Code. Company Name: Liberty Steel Georgetown, Inc. Project Name: Liberty Steel Projected Investment: 25,600,000.00 Projected Jobs: 220 Location (street): 420 South Hazard Street Tax Map Nos.: See Exhibit A
Tagged Passions:taxes, streets, Taxes, investment, Fee-in-lieu, jobs, and incentive

1.
FILOT Required Investment:

16,600,000.00 Investment Period: 5 years Ordinance No./Date:

Tagged Passions:ordinance, investment, and incentive

Assessment Ratio: 6.0 Term (years): 20 years Fixed Millage: 293.5

No additional detail provided

Tagged Passions:taxes and Taxes

Net Present Value (if yes, discount rate):

Clawback information: Company must invest the Contract Minimum Investment Requirement of 16,600,000.00 during the Investment Period and maintain the FILOT Act Minimum Requirement thereafter. Must hire and thereafter maintain 150 new full-time employees in the County.

Tagged Passions:contract, investment, and incentive

2.
MCIP Included in an MCIP:

No additional detail provided

Tagged Passions:mcip

New MCIP to be established.

If yes, Name Date:

Tagged Passions:mcip

3.
SSRC Total Amount: N/A No. of Years N/A Yearly Increments:

No additional detail provided

N/A

Clawback information:

N/A

4.
Other

iv 1769344v2 information 1769344v2 FEE IN LIEU OF TAX AGREEMENT THIS FEE IN LIEU OF TAX AGREEMENT (the Fee Agreement ) is made and entered into as of ______________, 2018 by and between GEORGETOWN COUNTY, SOUTH CAROLINA (the County ), a body politic and corporate and a political subdivision of the State of South Carolina (the State ), acting by and through the Georgetown County Council (the County Council ) as the governing body of the County, and LIBERTY STEEL GEORGETOWN, INC., a corporation organized and existing under the laws of the State of Delaware (the Company ). RECITALS

Tagged Passions:taxes, Taxes, council, Fee-in-lieu, subdivision, and incentive

1.
Title 12, Chapter 44 (the FILOT Act ), Code of Laws of South Carolina, 1976, as amended (the Code ), authorizes the County to (a) induce industries to locate in the State; (b) encourage industries now located in the State to expand their investments and thus make use of and employ manpower, products, and other resources of the State; and (c) enter into a fee agreement with entities meeting the requirements of the FILOT Act, which identifies certain property of such entities as economic development property and provides for the payment of a fee in lieu of tax with respect to such property.

No additional detail provided

Tagged Passions:taxes, property, Taxes, development, investment, Fee-in-lieu, incentive, Development, and economic development

2.
The Company (as a Sponsor, within the meaning of the FILOT Act) desires to provide for the acquisition and construction of the Project (as defined herein) to constitute an expansion of the Company s facilities in the County for the manufacture of coiled wire rod and related products.

Tagged Passions:expansion, construction, and incentive

3.
Based on information supplied by the Company, the County Council has evaluated the Project based on relevant criteria that include, but are not limited to, the purposes the Project is to accomplish, the anticipated dollar amount and nature of the investment, employment to be created or maintained, and the anticipated costs and benefits to the County. Pursuant to Section 12-44-40(H)(1) of the FILOT Act, the County finds that: (a) the Project is anticipated to benefit the general public welfare of the County by providing services, employment, recreation, or other public benefits not otherwise adequately provided locally; (b) the Project will give rise to no pecuniary liability of the County or any incorporated municipality therein and to no charge against their general credit or taxing powers; (c) the purposes to be accomplished by the Project are proper governmental and public purposes; and (d) the benefits of the Project are greater than the costs.

No additional detail provided

Tagged Passions:taxes, Taxes, services, council, investment, employment, recreation, and incentive

4.
The Project is located, or if not so located as of the date of this Fee Agreement the County intends to use its best efforts to so locate the Project, in a joint county industrial or business park created with an adjoining county in the State pursuant to agreement entered into pursuant to Section 4-1-170 of the Code and Article VIII, Section 13(D) of the South Carolina Constitution.

Tagged Passions:parks, industrial, and business

5.
By enactment of an Ordinance on __________, 2018, the County Council has authorized the County to enter into this Fee Agreement with the Company which classifies the Project as Economic Development Property under the FILOT Act and provides for the payment of fees in lieu of taxes, all as further described herein.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective representations and agreements hereinafter contained, the parties hereto agree as follows:
Tagged Passions:taxes, property, Taxes, ordinance, council, development, incentive, Development, and economic development

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DEFINITIONS Section 1.01 Definitions The terms that this Article defines shall for all purposes of this Fee Agreement have the meanings herein specified, unless the context clearly requires otherwise:

Administration Expenses shall mean the reasonable and necessary expenses incurred by the County with respect to this Fee Agreement, including without limitation reasonable attorney fees; provided, however, that no such expense shall be considered an Administration Expense until the County has furnished to the Company a statement in writing indicating the amount of such expense and the reason it has been or will be incurred.

No additional detail provided

Tagged Passions:legal

Affiliate shall mean any corporation, limited liability company, partnership or other entity which owns all or part of the Company (or with respect to a Sponsor Affiliate, such Sponsor Affiliate) or which is owned in whole or in part by the Company (or with respect to a Sponsor Affiliate, such Sponsor Affiliate) or by any partner, shareholder or owner of the Company (or with respect to a Sponsor Affiliate, such Sponsor Affiliate), as well as any subsidiary, affiliate, individual or entity who bears a relationship to the Company (or with respect to a Sponsor Affiliate, such Sponsor Affiliate), as described in Section 267(b) of the Internal Revenue Code of 1986, as amended.

Code shall mean the Code of Laws of South Carolina 1976, as amended.

Commencement Date shall mean the last day of the property tax year during which the Project or the first Phase thereof is placed in service, which date shall not be later than the last day of the property tax year which is three (3) years from the year in which the County and the Company enter into this Fee Agreement.

No additional detail provided

Tagged Passions:taxes, property, Taxes, and property tax

Company shall mean Liberty Steel Georgetown, Inc., a Delaware corporation, the Landlord and Operating Company, and, subject to the provisions of Section 5.09 hereof, any surviving, resulting, or transferee entity in any merger, consolidation, or transfer of assets; or any other person or entity which may succeed to the rights and duties of the Company.

Condemnation Event shall mean any act of taking by a public or quasi-public authority through condemnation, reverse condemnation or eminent domain.
Tagged Passions:commercial, rental, eminent domain, events, and condemnation

Contract Minimum Investment Requirement shall mean, with respect to the Project, investment by the Company and any Sponsor Affiliates of at least 16,600,000.00 in Economic Development Property subject (non-exempt) to ad valorem taxation (in the absence of this Fee Agreement).

County shall mean Georgetown County, South Carolina, a body politic and corporate and a political subdivision of the State, its successors and assigns, acting by and through the County Council as the governing body of the County. County Administrator shall mean the Georgetown County Administrator, or the person holding any successor office of the County.
Tagged Passions:contract, taxes, administrator, property, Taxes, council, development, investment, subdivision, ad valorem, Development, and economic development

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County Assessor shall mean the Georgetown County Assessor, or the person holding any successor office of the County.

No additional detail provided

County Auditor shall mean the Georgetown County Auditor, or the person holding any successor office of the County.

No additional detail provided

Tagged Passions:audit

County Council shall mean Georgetown County Council, the governing body of the County.

No additional detail provided

Tagged Passions:council

County Treasurer shall mean the Georgetown County Treasurer, or the person holding any successor office of the County.

No additional detail provided

Tagged Passions:Treasurer and TREASURER

Defaulting Entity shall have the meaning set forth for such term in Section 6.02(a) hereof. Deficiency Amount shall have the meaning set forth for such term in Section 4.03(a) hereof. Department shall mean the South Carolina Department of Revenue.

Diminution in Value in respect of the Project shall mean any reduction in the value, using the original fair market value (without regard to depreciation) as determined in Step 1 of Section 4.01 of this Fee Agreement, of the items which constitute a part of the Project and which are subject to FILOT payments which may be caused by the Company s or any Sponsor Affiliate s removal and/or disposal of equipment pursuant to Section 4.04 hereof, or by its election to remove components of the Project as a result of any damage or destruction or any Condemnation Event with respect thereto. Economic Development Property shall mean those items of real and tangible personal property of the Project which are eligible for inclusion as economic development property under the FILOT Act and this Fee Agreement, and selected and identified by the Company or any Sponsor Affiliate in its annual filing of a SCDOR PT-300S or comparable form with the Department (as such filing may be amended from time to time) for each year within the Investment Period.

Tagged Passions:property, development, voting, investment, equipment, market, election, events, condemnation, incentive, Development, and economic development

Equipment shall mean machinery, equipment, furniture, office equipment, and other tangible personal property, together with any and all additions, accessions, replacements, and substitutions thereto or therefor.

No additional detail provided

Tagged Passions:property and equipment

Event of Default shall mean any event of default specified in Section 6.01 hereof. Exemption Period shall mean the period beginning on the first day of the property tax year

after the property tax year in which an applicable portion of Economic Development Property is placed in service and ending on the Termination Date. In case there are Phases of the Project, the Exemption Period applies to each year s investment made during the Investment Period. Fee Agreement shall mean this Fee in Lieu of Tax Agreement. FILOT or FILOT Payments shall mean the amount paid or to be paid in lieu of ad valorem property taxes as provided herein. FILOT Act shall mean Title 12, Chapter 44, of the Code, and all future acts successor or supplemental thereto or amendatory thereof.
Tagged Passions:taxes, property, Taxes, development, investment, Fee-in-lieu, ad valorem, events, incentive, Development, property tax, and economic development

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FILOT Act Minimum Investment Requirement shall mean, with respect to the Project, an investment of at least 2,500,000 by the Company, or of at least 5,000,000 by the Company and any Sponsor Affiliates in the aggregate, in Economic Development Property. Improvements shall mean improvements to the Land, including buildings, building additions, roads, sewer lines, and infrastructure, together with any and all additions, fixtures, accessions, replacements, and substitutions thereto or therefor. Investment Period shall mean, and shall be equal to, the Standard Investment Period.

Tagged Passions:property, streets, Utility, development, investment, incentive, utility, Development, economic development, and sewer

Land means the land upon which the Project will be located, as described in Exhibit A attached hereto, as Exhibit A may be supplemented from time to time in accordance with Section 3.01(c) hereof.

MCIP Act shall mean Title 4, Chapter 1, of the Code, and all future acts successor or supplemental thereto or amendatory thereof.
Tagged Passions:mcip

MCIP Agreement shall mean the Agreement for Development of Joint Industrial and Business Park (Liberty Steel Georgetown, Inc.) dated as of ________, 2018, as amended, between the County and ________ County, South Carolina, as the same may be further amended or supplemented from time to time, or such other agreement as the County may enter with respect to the Project to offer the benefits of the Special Source Revenue Credits to the Company hereunder.

No additional detail provided

Tagged Passions:development, parks, Development, industrial, mcip, and business

MCIP shall mean (i) the joint county industrial park established pursuant to the terms of the MCIP Agreement and (ii) any joint county industrial park created pursuant to a successor park agreement delivered by the County and a partner county in accordance with Section 4-1-170 of the MCIP Act, or any successor provision, with respect to the Project.

No additional detail provided

Tagged Passions:parks, industrial, and mcip

Minimum Job Requirement shall mean, with respect to the Project, 150 new full-time jobs created by the Company.

Phase or Phases in respect of the Project shall mean that the components of the Project are placed in service during more than one year during the Investment Period, and the word Phase shall therefore refer to the applicable portion of the Project placed in service in a given year during the Investment Period.

Tagged Passions:investment and jobs

Project shall mean all the Equipment and Improvements that the Company determines to be necessary, suitable or useful for the purposes described in Section 2.02(b) hereof, to the extent determined by the Company and any Sponsor Affiliate to be a part of the Project and placed in service during the Investment Period, and any Replacement Property. Notwithstanding anything in this Fee Agreement to the contrary, the Project shall not include property which will not qualify for the FILOT pursuant to Section 12-44-110 of the FILOT Act, including without limitation property which has been subject to ad valorem taxation in the State prior to commencement of the Investment Period; provided, however, the Project may include (a) modifications which constitute an expansion of the real property portion of the Project and (b) the property allowed pursuant to Section 12-44-110(2) of the FILOT Act.

Removed Components shall mean components of the Project or portions thereof which the Company or any Sponsor Affiliate in its sole discretion, elects to remove from the Project pursuant to Section 4.04 hereof or as a result of any Condemnation Event. Replacement Property shall mean any property which is placed in service as a replacement for any item of Equipment or any Improvement previously subject to this Fee Agreement regardless of

Tagged Passions:taxes, property, Taxes, expansion, investment, equipment, ad valorem, events, condemnation, and incentive

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whether such property serves the same functions as the property it is replacing and regardless of whether more than one piece of property replaces any item of Equipment or any Improvement to the fullest extent that the FILOT Act permits.

Sponsor Affiliate shall mean an entity that joins with the Company and that participates in the investment in, or financing of, the Project and which meets the requirements under the FILOT Act to be entitled to the benefits of this Fee Agreement with respect to its participation in the Project, all as set forth in Section 5.13 hereof. Standard Investment Period shall mean the period beginning with the first day of any purchase or acquisition of Economic Development Property and ending five (5) years after the Commencement Date. State shall mean the State of South Carolina.

Tagged Passions:property, purchasing, development, investment, equipment, incentive, Development, and economic development

Termination Date shall mean, with respect to each Phase of the Project, the end of the last day of the property tax year which is the 19th year following the first property tax year in which such Phase of the Project is placed in service; provided, that the intention of the parties is that the Company will make at least 20 annual FILOT payments under Article IV hereof with respect to each Phase of the Project; and provided further, that if this Fee Agreement is terminated earlier in accordance with the terms hereof, the Termination Date shall mean the date of such termination.

Tagged Passions:taxes, property, Taxes, incentive, and property tax

Transfer Provisions shall mean the provisions of Section 12-44-120 of the FILOT Act, as amended or supplemented from time to time, concerning, among other things, the necessity of obtaining County consent to certain transfers.

No additional detail provided

Tagged Passions:incentive

Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall include any and all amendments, supplements, addenda, and modifications to such agreement or document.

Section 1.02 Project-Related Investments The term investment or invest as used herein shall include not only investments made by the Company and any Sponsor Affiliates, but also to the fullest extent permitted by law, those investments made by or for the benefit of the Company or any Sponsor Affiliate with respect to the Project through federal, state, or local grants, to the extent such investments are subject to ad valorem taxes or FILOT payments by the Company. [End of Article I]

Tagged Passions:taxes, Taxes, investment, ad valorem, incentive, and grant

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REPRESENTATIONS, WARRANTIES, AND AGREEMENTS Section 2.01 Representations, Warranties, and Agreements of the County The County hereby represents, warrants, and agrees as follows: (a) The County is a body politic and corporate and a political subdivision of the State and acts through the County Council as its governing body. The County has duly authorized the execution and delivery of this Fee Agreement and any and all other agreements described herein or therein and has obtained all consents from third parties and taken all actions necessary or that the law requires to fulfill its obligations hereunder. (b) Based upon representations by the Company, the Project constitutes a project within the meaning of the FILOT Act. (c) The County has agreed that each item of real and tangible personal property comprising the Project which is eligible to be economic development property under the FILOT Act and that the Company selects shall be considered Economic Development Property and is thereby exempt from ad valorem taxation in the State.
Tagged Passions:taxes, property, public safety, Taxes, council, development, subdivision, ad valorem, incentive, Development, and economic development

(d) The millage rate set forth in Step 3 of Section 4.01(a) hereof is 293.5 mills, which is the millage rate in effect with respect to the location of the proposed Project as of June 30, 2017, as permitted under Section 12-44-50(A)(1)(d) of the FILOT Act.

(e) The County will use its reasonable best efforts to cause the Project to be located in a MCIP for a term extending at least until the end of the period of FILOT Payments. Section 2.02 Representations, Warranties, and Agreements of the Company The Company hereby represents, warrants, and agrees as follows:
Tagged Passions:taxes, public safety, Taxes, incentive, and mcip

(a) The Company is organized and in good standing under the laws of the State of Delaware, is duly authorized to transact business in the State, has the power to enter into this Fee Agreement, and has duly authorized the execution and delivery of this Fee Agreement.

(b) The Company intends to operate the Project as a project within the meaning of the FILOT Act as in effect on the date hereof. The Company intends to operate the Project for the purpose of the manufacture of coiled wire rod and related products, and for such other purposes that the FILOT Act permits as the Company may deem appropriate. (c) The execution and delivery of this Fee Agreement by the County has been instrumental in inducing the Company to locate the Project in the County.
Tagged Passions:incentive and business

(d) The Company, together with any Sponsor Affiliates, will use commercially reasonable efforts to meet, or cause to be met the Contract Minimum Investment Requirement and Minimum Job Requirement within the Investment Period.

[End of Article II]
Tagged Passions:contract and investment

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No additional detail provided

COMMENCEMENT AND COMPLETION OF THE PROJECT

Section 3.01 The Project (a) The Company intends and expects, together with any Sponsor Affiliate, to (i) construct and acquire the Project, (ii) meet the Contract Minimum Investment Requirement, and (iii) meet the Minimum Job Requirement within the Investment Period. The Company anticipates that the first Phase of the Project will be placed in service during the calendar year ending December 31, 20__. (b) Pursuant to the FILOT Act and subject to Section 4.03 hereof, the Company and the County hereby agree that the Company and any Sponsor Affiliates shall identify annually those assets which are eligible for FILOT payments under the FILOT Act and this Fee Agreement, and which the Company or any Sponsor Affiliate selects for such treatment by listing such assets in its annual PT-300S form (or comparable form) to be filed with the Department (as such may be amended from time to time) and that by listing such assets, such assets shall automatically become Economic Development Property and therefore be exempt from all ad valorem taxation during the Exemption Period. Anything contained in this Fee Agreement to the contrary notwithstanding, the Company and any Sponsor Affiliates shall not be obligated to complete the acquisition of the Project. However, if the Company, together with any Sponsor Affiliates, does not meet the Contract Minimum Investment Requirement within the Investment Period, the provisions of Section 4.03 hereof shall control. (c) The Company may add to the Land such real property, located in the same taxing District in the County as the original Land, as the Company, in its discretion, deems useful or desirable. In such event, the Company, at its expense, shall deliver an appropriately revised Exhibit A to this Fee Agreement, in form reasonably acceptable to the County. Section 3.02 Diligent Completion The Company agrees to use its reasonable efforts to cause the completion of the Project as soon as practicable, but in any event on or prior to the end of the Investment Period. Section 3.03 Filings and Reports

Tagged Passions:contract, taxes, property, Taxes, development, investment, ad valorem, events, incentive, Development, and economic development

(a) Each year during the term of the Fee Agreement, the Company and any Sponsor Affiliates shall deliver to the County, the County Auditor, the County Assessor and the County Treasurer a copy of their most recent annual filings with the Department with respect to the Project, not later than thirty (30) days following delivery thereof to the Department.

No additional detail provided

Tagged Passions:Treasurer, audit, and TREASURER

(b) The Company shall cause a copy of this Fee Agreement, as well as a copy of the completed Form PT-443 of the Department, to be filed with the County Auditor and the County Assessor, and to their counterparts in the partner county to the MCIP Agreement, the County Administrator and the Department within thirty (30) days after the date of execution and delivery of this Fee Agreement by all parties hereto.

(c) Each of the Company and any Sponsor Affiliates agree to maintain complete books and records accounting for the acquisition, financing, construction, and operation of the Project. Such books and records shall (i) permit ready identification of the various Phases and components thereof; (ii) confirm the dates on which each Phase was placed in service; and (iii) include copies of all filings made by the Company and any such Sponsor Affiliates in accordance with Section 3.03(a) or (b) above with respect to property placed in service as part of the Project.
Tagged Passions:administrator, property, audit, construction, and mcip

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[End of Article III]

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FILOT PAYMENTS Section 4.01 FILOT Payments (a) Pursuant to Section 12-44-50 of the FILOT Act, the Company and any Sponsor Affiliates, as applicable, are required to make payments in lieu of ad valorem taxes to the County with respect to the Economic Development Property. Inasmuch as the Company anticipates an initial investment of sums sufficient for the Project to qualify for a fee in lieu of tax arrangement under Section 12-44-50(A)(1) of the FILOT Act, the County and the Company have negotiated the amount of the FILOT Payments in accordance therewith. The Company and any Sponsor Affiliates, as applicable, shall make payments in lieu of ad valorem taxes on all Economic Development Property which comprises the Project and is placed in service, as follows: the Company and any Sponsor Affiliates, as applicable, shall make payments in lieu of ad valorem taxes during the Exemption Period with respect to the Economic Development Property or, if there are Phases of the Economic Development Property, with respect to each Phase of the Economic Development Property, said payments to be made annually and to be due and payable and subject to penalty assessments on the same dates and in the same manner as prescribed by the County for ad valorem taxes. The determination of the amount of such annual FILOT Payments shall be in accordance with the following procedure (subject, in any event, to the procedures required by the FILOT Act): Step 1: Determine the fair market value of the Economic Development Property (or Phase of the Economic Development Property) placed in service during the Exemption Period using original income tax basis for State income tax purposes for any real property and Improvements without regard to depreciation (provided, the fair market value of real property, as the FILOT Act defines such term, that the Company and any Sponsor Affiliates obtains by construction or purchase in an arms-length transaction is equal to the original income tax basis, and otherwise, the determination of the fair market value is by appraisal) and original income tax basis for State income tax purposes for any personal property less depreciation for each year allowable for property tax purposes, except that no extraordinary obsolescence shall be allowable. The fair market value of the real property for the first year of the Exemption Period remains the fair market value of the real property and Improvements for the life of the Exemption Period. The determination of these values shall take into account all applicable property tax exemptions that State law would allow to the Company and any Sponsor Affiliates if the property were taxable, except those exemptions that Section 12-44-50(A)(2) of the FILOT Act specifically disallows. Step 2: Apply an assessment ratio of six percent (6.0 ) to the fair market value in Step 1 to establish the taxable value of the Economic Development Property (or each Phase of the Economic Development Property) in the year it is placed in service and in each of the 19 years thereafter or such longer period of years in which the FILOT Act and this Fee Agreement permit the Company and any Sponsor Affiliates to make annual FILOT payments. Step 3: Use a millage rate of 293.5 mills during the Exemption Period against the taxable value to determine the amount of the FILOT Payments due during the Exemption Period on the applicable payment dates.
Tagged Passions:taxes, property, Taxes, purchasing, development, penalty, investment, Fee-in-lieu, ad valorem, market, events, construction, incentive, Development, procedure, property tax, and economic development

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(b) In the event that a final order of a court of competent jurisdiction from which no further appeal is allowable declares the FILOT Act and/or the herein-described FILOT Payments invalid or unenforceable, in whole or in part, for any reason, the parties express their intentions to reform such payments so as to effectuate most closely the intent thereof (without increasing the amount of incentives being afforded herein) and so as to afford the Company and any Sponsor Affiliates with the benefits to be derived herefrom, the intention of the County being to offer the Company and such Sponsor Affiliates a strong inducement to locate the Project in the County. If the Economic Development Property is deemed to be subject to ad valorem taxation, this Fee Agreement shall terminate, and the Company and any Sponsor Affiliates shall pay the County regular ad valorem taxes from the date of termination, but with appropriate reductions equivalent to all tax exemptions which are afforded to the Company and such Sponsor Affiliates. Any amount determined to be due and owing to the County from the Company and such Sponsor Affiliates, with respect to a year or years for which the Company or such Sponsor Affiliates previously remitted FILOT Payments to the County hereunder, shall (i) take into account all applicable tax exemptions to which the Company or such Sponsor Affiliates would be entitled if the Economic Development Property was not and had not been Economic Development Property under the Act; and (ii) be reduced by the total amount of FILOT Payments the Company or such Sponsor Affiliates had made with respect to the Project pursuant to the terms hereof. Section 4.02 [Intentionally Omitted]

Section 4.03 Failure to Achieve Minimum Investment Requirement or Minimum Job Requirement
Tagged Passions:legal, taxes, property, Taxes, development, investment, ad valorem, events, incentive, Development, court, and economic development

(a) In the event the Company, together with any Sponsor Affiliates, fails to meet the Contract Minimum Investment Requirement or Minimum Job Requirement by the end of the Investment Period, this Fee Agreement shall terminate and the Company and such Sponsor Affiliates shall pay the County an amount which is equal to the excess, if any, of (i) the total amount of ad valorem taxes as would result from taxes levied on the Project by the County, municipality or municipalities, school district or school districts, and other political units as if the items of property comprising the Economic Development Property were not Economic Development Property, but with appropriate reductions equivalent to all tax exemptions and abatements to which the Company and such Sponsor Affiliates would be entitled in such a case, through and including the end of the Investment Period, over (ii) the total amount of FILOT payments the Company and such Sponsor Affiliates have made with respect to the Economic Development Property (such excess, a Deficiency Amount ) for the period through and including the end of the Investment Period. Any amounts determined to be owing pursuant to the foregoing sentence shall be payable to the County on or before the one hundred twentieth (120th) day following the last day of the Investment Period.

(b) As a condition to the FILOT benefit provided herein, the Company agrees to provide the County Administrator, the County Assessor, the County Auditor and the County Treasurer with an annual certifications as to investment in the Project as well as the adherence to the Minim Job Requirement. Such certifications shall be in substantially the forms attached hereto as Exhibit B and Exhibit C, respectively, and shall be due no later than the May 1 following the immediately preceding December 31 of each year during the Investment Period. Section 4.04 Removal of Equipment Subject, always, to the other terms and provisions of this Fee Agreement, the Company and any Sponsor Affiliates shall be entitled to remove and dispose of components of the Project from the Project in its sole discretion with the result that said components shall no longer be considered a part of the Project and, to the extent such constitute Economic Development Property, shall no longer be subject to
Tagged Passions:contract, Treasurer, taxes, administrator, property, audit, Taxes, education, TREASURER, development, abatement, investment, equipment, ad valorem, events, incentive, Development, and economic development

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the terms of this Fee Agreement. Economic Development Property is disposed of only when it is scrapped or sold or removed from the Project. If it is removed from the Project, it is subject to ad valorem property taxes to the extent the Property remains in the State and is otherwise subject to ad valorem property taxes. Section 4.05 FILOT Payments on Replacement Property If the Company or any Sponsor Affiliate elects to replace any Removed Components and to substitute such Removed Components with Replacement Property as a part of the Economic Development Property, or the Company or any Sponsor Affiliate otherwise utilizes Replacement Property, then, pursuant and subject to the provisions of Section 12-44-60 of the FILOT Act, the Company or such Sponsor Affiliate shall make statutory payments in lieu of ad valorem taxes with regard to such Replacement Property in accordance with the following: (i) Replacement Property does not have to serve the same function as the Economic Development Property it is replacing. Replacement Property is deemed to replace the oldest Economic Development Property subject to the Fee, whether real or personal, which is disposed of in the same property tax year in which the Replacement Property is placed in service. Replacement Property qualifies as Economic Development Property only to the extent of the original income tax basis of Economic Development Property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of Economic Development Property. To the extent that the income tax basis of the Replacement Property exceeds the original income tax basis of the Economic Development Property which it is replacing, the excess amount is subject to annual payments calculated as if the exemption for Economic Development Property were not allowable. Replacement Property is entitled to treatment under the Fee Agreement for the period of time remaining during the Exemption Period for the Economic Development Property which it is replacing; and

Tagged Passions:taxes, property, Taxes, development, ad valorem, incentive, Development, property tax, and economic development

(ii) The new Replacement Property which qualifies for the FILOT shall be recorded using its income tax basis, and the calculation of the FILOT shall utilize the millage rate and assessment ratio in effect with regard to the original property subject to the FILOT.

Section 4.06 Reductions in Payment of Taxes Upon Diminution in Value; Investment Maintenance Requirement In the event of a Diminution in Value of the Economic Development Property, the Payment in Lieu of Taxes with regard to the Economic Development Property shall be reduced in the same proportion as the amount of such Diminution in Value bears to the original fair market value of the Economic Development Property as determined pursuant to Step 1 of Section 4.01(a) hereof; provided, however, that if at any time subsequent to the end of the Investment Period, the total value of the Project remaining in the County based on the original income tax basis thereof (that is, without regard to depreciation), is less than the FILOT Act Minimum Investment Requirement, then beginning with the first payment thereafter due hereunder and continuing until the Termination Date, the Project shall no longer be entitled to the incentive provided in Section 4.01, and the Company and any Sponsor Affiliate shall therefore commence to pay regular ad valorem taxes thereon, calculated as set forth in Section 4.01(b) hereof. [End of Article IV]
Tagged Passions:taxes, property, Taxes, development, investment, ad valorem, market, events, incentive, Development, and economic development

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No additional detail provided

PARTICULAR COVENANTS AND AGREEMENTS


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