On the agenda: Aiken meeting — data center (Jun 16)

MINUTES
Aiken County Council Work Session
Tuesday, June 2, 2026
6:00 PM

1.

Pending Appointment Resolutions (CC p. 30) No appointments made.

2.

Status of Contingency Funds (CC pp. 31-32)
Silver Bluff Volunteer Fire Department
Augusta Aiken Audubon
Friends of the Nancy Carson Library
Friends of the Aiken County Library
Working for Christ Ministries
Wagener VFW Post 6304
Friends of the Aiken County Animal Shelter
Delta Sigma Theta Sorority
Alpha Phi Alpha Fraternity
Umoja Village
Child Advocacy Center

3.

$1,000
$1,000
$1,000
$1,000
$100
$200
$600
$300
$300
$275
$300

Clarification and Discussion of Agenda Items
A revised Consent Item #3 was handed out before the meeting. No further changes were made.

4.

Calendar Reminder Dates:
• Tuesday, June 9: Budget Work Session
• Tuesday, June 16: Regular CC meeting/ 3rd Reading of Budget/ Work Session (if needed)
• Friday, June 19: KACB Volunteer Luncheon (in the Sandlapper Room)- 1:00 pm
• Friday, July 3: Citizens Academy application deadline (end of May for CC)
• Friday, July 10: Meta Plant Tour- 10:00 am

5.

Executive Session (if needed)

With there being a need for an executive session, Chairman Bunker asked for a motion to go into
Executive Session. Councilwoman Hightower made a motion, and Councilman Kellems seconded.
Council went into Executive Session at 6:13 pm.
Official recording and documents from the meeting are on file with the Council Clerk.
Respectfully submitted,

Signed:

Katelyn Gorby, Council Clerk

Gary Bunker, Chairman

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MINUTES
Aiken County Council MINUTES for June 2, 2026
7:00 PM, 10th Meeting of 2026
Council Administrator Form of Government for Aiken County
Council Chambers - 1930 University Parkway, Aiken, SC
A. CALL TO ORDER
Council Members Present:

Council Members Absent:

Chairman Gary Bunker
Ron Felder
Mike Kellems
Landon Ball
Sandy Haskell
Phil Napier
P. K. Hightower
Danny Feagin
L. Andrew Siders

B. INVOCATION - Councilwoman Hightower
C. PLEDGE OF ALLEGIANCE - Councilman Napier
D. APPROVAL OF MINUTES
l. May 19, 2026 Work Session (p. 1)
2. May 19, 2026 Regular Meeting (pp. 2-4)
Councilman Haskell made a motion to approve the minutes as presented. Councilman Kellems
seconded the motion.
Councilman Ball made a motion to amend the summary in the minutes under the "Informal Meeting of
the Whole" as follows: Citizens spoke to council regarding concerns around data centers, the
possibility of putting a skate park at one of the county parks and concerns around the revised route
for a high voltage transmission line from New Ellenton to Windsor.
Councilman Napier seconded the motion. The minutes were approved as amended by a unanimous
vote, 7-0 with Councilman Feagin and Councilman Siders absent.
E. APPROVAL OF AGENDA
Councilman Kellems made a motion to approve the agenda as presented. Councilwoman Hightower
seconded the motion. The agenda was approved unanimously.
F. AWARDS AND RECOGNITIONS- None listed.
G. PUBLIC HEARINGS
1. Ordinance to Establish Operating, Capital and Debt Service Budgets for Aiken County, South
Carolina for the Fiscal Year July 1, 2026, through June 30, 2027; to Provide for the Levy of Taxes
for County Operations, Capital and Debt Service; to Provide for the Addition or Modification of Fees
for Certain Services and Operations; to Provide for All Other Estimated Revenues and for the
Appropriation Thereof; and to Provide for Other Matters Related Thereto.
(County Council) (pp. 5-26)
Vicki Simons voiced to Council what she felt needed to be looked into, in the future to be
included in the budget.

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Don Moniak voiced to Council that he wanted to see live streaming be included in the new
budget. No further comments were made.
2. Ordinance to Amend Chapter 16 Parks and Recreation, Section 2 Rules and Regulations of the
Aiken County Code of Ordinances.
(County Council) (pp. 27-29)
Ladonna Heisse voiced to Council her concerns with the new park rules regarding Langley
Pond.
H. OLD BUSINESS
1. Second Reading of an Ordinance to Establish Operating, Capital and Debt Service Budgets for Aiken
County, South Carolina for the Fiscal Year July 1, 2026, through June 30, 2027; to Provide for the
Levy of Taxes for County Operations, Capital and Debt Service; to Provide for the Addition or
Modification of Fees for Certain Services and Operations; to Provide for All Other Estimated
Revenues and for the Appropriation Thereof; and to Provide for Other Matters Related Thereto.
(County Council) (pp. 5-26)
Councilman Haskell made a motion to approve the ordinance on second reading. Councilman
Felder seconded the motion. The ordinance was approved and scheduled for third reading by a
8-0 unanimous vote.
2. Second Reading of an Ordinance to Amend Chapter 16 Parks and Recreation, Section 2 Rules and
Regulations of the Aiken County Code of Ordinances.
(County Council) (pp. 27-29)
Councilman Haskell made a motion to approve the ordinance on second reading. Councilman
Napier seconded the motion.
Councilman Ball made a motion to table the ordinance to make some further amendments.
Councilwoman Hightower seconded the motion. The motion to table the ordinance on second
reading was approved unanimously.
3. Second Reading of an Ordinance Authorizing the Execution and Delivery of a Fee In Lieu of Ad
Valorem Taxes Agreement By And Between Aiken County, South Carolina And Ambiopharm, Inc.,
A Company Currently Known To The County As Project Synthesis, Acting For Itself, One Or More
Affiliates, and/or Other Project Sponsors And Sponsor Affiliates, To Provide For A Fee In Lieu Of
Ad Valorem Taxes Incentive, Certain Special Source Revenue Credits, And Other Matters Relating
Thereto.
(County Council) (pp. PS 1-30)
Councilman Napier made a motion to approve the ordinance on second reading. Councilwoman
Hightower seconded the motion. The ordinance was approved and scheduled for third reading
by a unanimous vote.
I.

CONSENT AGENDA
1. Resolution to Appoint Members to Designated Boards, Commissions and Committees with Terms
of the Appointments to Run Concurrent with that of the Appointing Member of Council.
(County Council) (p. 30) No new appointments were made.
2. Resolution to Approve the Allocation of Funds for Various Non-Profit Agencies from the FY 2026
Council Contingency Fund.
(County Council) (pp. 31-32)

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Silver Bluff Volunteer Fire Department
Augusta Aiken Audubon
Friends of the Nancy Carson Library
Friends of the Aiken County Library
Working for Christ Ministries
Wagener VFW Post 6304
Friends of the Aiken County Animal Shelter
Delta Sigma Theta Sorority
Alpha Phi Alpha Fraternity
Umoja Village
Child Advocacy Center

$1,000
$1,000
$1,000
$1,000
$100
$200
$600
$300
$300
$275
$300

3. Resolution Recognizing the Critical Role of the Waste Isolation Pilot Plant (WIPP) in the Cleanup of
Savannah River Site (SRS); and That the State of New Mexico’s Proposed Restriction of Shipments to
WIPP Will Slow the Cleanup of Savannah River Site.
(County Council) (pp. 33-34)
4. Resolution to Authorize the Council Chairman to Enter Into an Agreement Between Aiken County
and the Second Judicial Circuit Public Defender for the Reimbursement of Expenses and Matters
Associated Thereto.
(Judicial & Public Safety Committee) (pp. 35-38)
Councilman Kellems made a motion to approve all Consent Agenda items. Councilman Haskell
seconded the motion. All items were approved by a unanimous vote.
J.

INTRODUCTION OF ORDINANCES FOR FIRST READING

K. NEW BUSINESS
L. ITEMS FOR INFORMATION AND THE PUBLIC RECORD
1. Fiscal Year 2026 Aiken County Contingency Report as of May 19, 2026. (pp. 39-40)
M. INFORMAL MEETING OF THE WHOLE
Various citizens spoke at the informal portion of the meeting regarding data centers, fire fee
increases, noise issues, transmission lines, skate parks, and live streaming.
N. EXECUTIVE SESSION
O. ITEMS REQUIRING ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
P. ADJOURNMENT
With there being no need for an additional Executive Session, Chairman Bunker asked for a motion to
adjourn. Councilman Napier made a motion, and Councilwoman Hightower seconded the motion.
Council adjourned the meeting at 8:19 pm. A budget work session followed.
Official recording and documents of the meeting are on file with the Council Clerk.
Respectfully submitted,

Signed:

__________________________________

__________________________________

Katelyn Gorby, Council Clerk

Gary Bunker, Chairman

BUDGET WORK SESSION TO FOLLOW

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Sponsors
First Reading
Second Reading
Public Hearing
Third Reading
Effective Date

: County Council
: May 5, 2026
: June 2, 2026
: June 2, 2026
: June 16, 2026
:

I, ___________________________________
Council Clerk, certify that this Ordinance was
published for a Public Hearing on May 16, 2026.

ORDINANCE NO.
COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Establish Operating, Capital and Debt Service Budgets for Aiken County, South Carolina for the Fiscal Year July
1, 2026, through June 30, 2027; to Provide for the Levy of Taxes for County Operations, Capital and Debt Service;
to Provide for the Addition or Modification of Fees for Certain Services and Operations; to Provide for All Other
Estimated Revenues and for the Appropriation Thereof; and to Provide for Other Matters Related Thereto.
WHEREAS:
1.

The Aiken County Council, pursuant to state statutes, has the authority to prepare an annual budget for all
Departments and Agencies of the County Government; and

2.

The annual County budget shall be based upon estimated revenues, and shall provide appropriations for
County operations and debt service for all County Departments and Agencies; and

3.

Pursuant to state statutes, total funds appropriated in Fiscal Year 2026 – 2027 for the above purposes shall
not exceed estimated revenues and funds available for expenditures in Fiscal Year 2026 – 2027.

NOW THEREFORE BE IT ENACTED BY THE AIKEN COUNTY COUNCIL THAT:
Section 1. The Fiscal Year 2026 – 2027 County Budget for Aiken County, South Carolina, including the detailed
line item list of revenues and expenditures on file with Clerk to County Council and incorporated herein by reference,
is hereby adopted together with the following provisions of this Ordinance.
Section 2. To meet the appropriations provided by this ordinance, the Aiken County Auditor is hereby authorized
and directed to levy upon taxable property in Aiken County, South Carolina, ad valorem taxes necessary to meet all
budget requirements, except as provided for by other revenue sources for County operations and debt service for the
operation of the County government for the fiscal year beginning July 1, 2026, and ending June 30, 2027. The County
Treasurer is hereby directed to collect said ad valorem taxes, and all other revenues which may accrue to Aiken
County from all sources, pursuant to law, during Fiscal Year 2026 – 2027. The County Auditor is directed to print
on all tax notices the tax millage breakdown between the County and School taxes.
Section 3. The County Auditor is hereby authorized and directed to also levy ad valorem taxes on all industrial,
commercial and residential real and personal property utilizing the value of the mill for public school purposes
necessary to meet all budget requirements in this Ordinance for Aiken Technical College and for the University of
South Carolina at Aiken.
Section 4. Revenues and Appropriations for FY 2026 – 2027 for County operations, University of South Carolina
Aiken, and Aiken Technical College are approved as listed below:
General Fund:
Revenue:
Property Taxes
Taxes – Personal
Penalties and Interest
Intergovernmental Revenue
Licenses, Permits & Registrations
Fees & Fines

$ 59,861,200
7,500,000
380,000
11,272,381
6,287,700
5,065,900
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Sale and Services
Miscellaneous Revenue
Interfund Payments
Carry Forward Fund Balance

7,486,525
4,180,675
8,781,999
2,440,000

Total General Fund Revenue

113,256,380

Appropriations:
County Council
Legislative Delegation
Magistrates
County Administrator
Registration/Elections Commission
Finance
Treasurer
Auditor
Assessor
Information Technology
Tax Collector
Sheriff
Emergency Services
Detention Center
Register of Deeds
Probate Court
Clerk of Court
Master-In-Equity
Coroner
Public Defender
Solicitor
Public Works
Building Maintenance
Engineering
Procurement
Code Enforcement
Emergency Management
Animal Shelter
Aiken County Department of Social Services
Veterans Affairs
United Way
Lower Savannah Council of Governments
Economic Development Partnership
Alcohol and Drug Abuse Commission
Helping Hands
Aiken Area Council on Aging
Clemson Extension
Aiken County School District
Golden Harvest Food Bank
USCA Small Business Development
Cumbee Center
Park Development
Historical Commission
ABBE Regional Library
Soil & Water Conservation
Planning & Development
County Attorney
Non-Departmental Expenditures

$ 388,995
84,294
3,358,915
6,267,058
1,011,115
2,135,909
1,101,488
986,193
2,364,329
4,931,912
695,460
24,672,398
14,244,253
12,263,793
847,257
1,624,864
3,352,445
437,712
1,228,477
1,653,083
2,382,019
1,427,300
7,065,231
61,092
418,750
2,265,770
817,197
1,314,750
470,400
322,103
60,000
210,731
300,000
617,000
37,500
90,000
5,000
908,050
5,000
16,000
38,000
1,397,908
362,017
3,911,137
70,844
2,431,786
378,511
2,222,334

CC 6

Total General Fund Appropriations

113,256,380

Other Funds
Solicitor's Funds:
Fund 101
Fund 102
Public Defender Funds (Fund 110)
Victim Services Program (Fund 112)
Trust Funds:
Fund 201 – Mattie C Hall
Clerk of Court Title IV-D Incentives (Fund 303)
Sheriff Title IV D Process (Fund 304)
Inmate Phone Revenue (Fund 305)
Child Fatality Funds (Fund 310)
Clerk of Court Incentives (Fund 401)
E-911 (Fund 402)
Public Service Authority (Fund 404)
Solid Waste Fund (Public Works) (Fund 405)
"C" Funds (Fund 406)
Road Maintenance Fund (Public Works) (Fund 407)
Tire Disposal Fee (Fund 408)
Stormwater Drainage (Fund 412)
Sales Tax Referendum:
Sales Tax 4 (Fund 414)
Sales Tax V (Fund 415)
Sage Mill Industrial Park (Fund 505)
Fee-in-Lieu of Taxes (Fund 506)
Debt Service (Fund 507)
USCA (Fund 508)
SRF Loan Plant Upgrade (Fund 511)
Grants (Fund 602)
SRS Litigation Funds (610)
Accommodation Taxes (Fund 701)
Parks (Fund 702)
Donations (Fund 703)
Insurance Claims (Fund 704)
Aiken Technical College (Fund 706)
Research Campus (Fund 709)
Internal Financing (Fund 710)
Vendor Contracts – Magistrates (Fund 711)
Local Accommodations Tax (Fund 712)
Mattie C Hall Sale (Fund 713)
ISF – Employee Health (Fund 715)

Expenses

Revenue

263,806
3,050,670
1,980,842
880,121

263,806
3,050,670
1,980,842
880,121

120,000
350,000
15,000
100,000
35,000
28,000
1,184,274
24,823,988
9,836,993
1,416,285
6,145,441
75,000
5,189,431

120,000
350,000
15,000
100,000
35,000
28,000
1,184,274
24,823,988
9,836,993
1,416,285
6,145,441
75,000
5,189,431

28,797,811
33,815,000
199,263
15,926,700
2,460,500
100,000
80,000,000
2,564,556
2,920,500
300,000
233,748
5,000
2,410,000
2,417,682
3,682,602
15,000
88,465
398,999
600,000
15,800,000

28,797,811
33,815,000
199,263
15,926,700
2,460,500
100,000
80,000,000
2,564,556
2,920,500
300,000
233,748
5,000
2,410,000
2,417,682
3,682,602
15,000
88,465
398,999
600,000
15,800,000

Total Other Funds

$ 248,230,677

$ 248,230,677

Grand Total All Funds

$ 361,487,057

$ 361,487,057

Section 5. Appropriation and expenditures of the funds outlined in Section 4 above shall be by object category in the
County's central accounting system as listed below:
Personnel Services
Supplies
Maintenance
Services and Charges
Fees and Contracts

10-00
20-00
30-00
40-00
50-00
CC 7

Bonded Indebtedness
Miscellaneous Costs
Reserves and Revolving Accounts
Capital Outlay

60-00
70-00
80-00
90-00

Generally, transfers between object categories are authorized unless restricted herein, or elsewhere by ordinance or
administrative directive.
Budget transfers involving the Personnel Services object categories of a department's budget must be requested in
writing by the supervising department head, and approved in writing by the County Administrator or his designee.
Transfers out of Personnel Services object categories are prohibited except for pooled payments for health insurance,
taxes, worker compensation, and similar purposes, or personnel position reassignments for efficiency or emergencies
as authorized by the County Administrator. Transfers out of the Road Maintenance Fund are prohibited, except as
approved herein for interest and indirect cost payments. Departments are authorized to transfer funds within operating
accounts with the approval of the County Administrator or his designee.
Section 6. $900,000 is hereby appropriated for the County employee Holiday pay program. If the final cost of the
program is greater than this appropriation, it will be funded by a Council approved budget amendment or naturally
occurring salary savings.
Section 7. The Public Works Director and the Public Service Authority Director are hereby authorized to purchase
used vehicles, and law enforcement/public works/utility equipment from scheduled surplus equipment sales
sponsored by city, county, state and federal government agencies. The purchases shall be made only with funds
allocated in the Public Works Department and Public Service Authority budgets for surplus equipment purchase,
entitled "Surplus Property.” Prior to acquisition, the County Administrator shall be advised in writing, with
appropriate documentation, of all such purchases, including the price of each item purchased, the serial number and
other equipment identifying information, and the intended County purposes. All such equipment and vehicles shall
be titled to Aiken County, South Carolina, shall be added to the County's property inventory records, and shall be
maintained at the County Equipment Maintenance Facility. The Director of Public Works is also authorized to make
the initial one-time repairs out of this account which are required to make the equipment purchased under this section
operable.
These same procedures and requirements, except for prior notification to the County Administrator, shall also apply
to any equipment or vehicles purchased from revenues in the Sheriff's Vice and Drug Funds. All vehicles purchased
under the provisions of this section shall be replacement equipment except when authorized as additions to the fleet,
based upon resolutions, adopted by County Council.
Section 8. Notwithstanding any other provisions of this ordinance, all unexpended balances from previous
appropriations of state and federal grant funds, FY 2026 State & Local Accommodations Tax Funds not committed
to the County General Fund and capital improvement or special project appropriations outstanding as of June 30,
2026, are hereby reauthorized for the same purposes as part of the budget for Fiscal Year 2026 – 2027. All funds
initially budgeted for grants, which are not approved, shall be withdrawn unless re-appropriated by County Council
ordinance for other purposes. All grants are to be budgeted and accounted for in a special revenue fund, and local
match transfers will be completed by the Finance Department.
All State Accommodations Tax Funds received by Aiken County shall be deposited in the Accommodations Tax
Fund, and no transfers shall be made to the General Fund except as allowed by State statute.
The Local 3% Accommodations Tax will be distributed as approved by resolution of Aiken County Council. Any
remaining balance in Account 702-5101-453.90-46 on June 30, 2026, shall be re-appropriated.
The expenditures of funds for grant programs included in this budget or those received after the adoption of this
budget that are acquired under Aiken County’s federal tax identification number, shall not be authorized unless
evidence that the respective grants have been approved by the grantor agency is provided to the County Administrator,
and the grant has been accepted and funded by proper action of the County Council. In all cases, total program
expenditures shall be limited to the lesser of the total grant award(s), or the amount(s) designated in the budget
CC 8

approved by County Council. Upon the adoption of an appropriate resolution by County Council, the Finance
Director is hereby authorized to make any necessary adjustments to both budgeted revenues and/or budgeted
expenditures of any approved grant project or fund. All unexpended balances outstanding in any grant program as
of June 30, 2026, are hereby reauthorized for the same purposes in the Fiscal 2026-2027 budget.
All un-appropriated fund balance remaining in the Tire Disposal Fund (Fund 408) at the end of the current fiscal year
is hereby appropriated in Fiscal Year 2026-2027 to be used for the disposal of tires.
Section 9. All employees will be paid on a unified pay scale, with the exception of Constitutional Officers, elected
officials, Magistrates/Summary Court Judges and Master-in-Equity who are not required to report their work time.
The County Administrator and County Attorney are contract employees and are, therefore, not officially included in
the classification and compensation plan, but the salaries of those positions are considered within the scope of the
plan and are treated in all other aspects as County employees. Officials appointed by an authority outside of County
government, but are nevertheless paid as regular County employees will be assigned an appropriate grade and salary
range by the Human Resources Department and are included in the classification and compensation plan.
Departments which overspend their straight-line spending levels for two consecutive months shall have sufficient
personnel in their department removed from the County payroll, prior to June 30, 2027, to fully offset the impending
overrun.
Section 10. When an employee who has accrued compensatory time leaves County employment, he/she shall be paid
from regular departmental salary funds for such accrued compensatory time as is authorized by the applicable County
ordinances and personnel policies. Neither accrued time nor any other forms of leave may be used in conjunction
with worker compensation benefits. In no event shall the aggregate total of compensation and annual leave payments
at termination or resignation exceed the maximum legally accruable total of compensatory time or allowed by County
policies.
Section 11. No employee hired or re-hired without working retiree status on or after July 1, 2019, shall be eligible
for post-retirement employee health coverage regardless of the years of service provided to the County. Employees
hired and on payroll prior to July 1, 2019, will continue to receive post-employment retirement health coverage in
accordance with the terms and conditions set forth in Resolution No. 18-12-190 adopted by Aiken County Council
on December 11, 2018. Employees with working retiree status under the South Carolina Public Employee Benefit
Authority guidelines are eligible for post-retirement health insurance coverage in accordance with the terms and
conditions set forth in Resolution No. 18-12-190 as long as their initial employment with the County was prior to
July 1, 2019. All employees will continue to participate in the South Carolina Retirement System or South Carolina
Police Officers Retirement System. Notwithstanding the foregoing, County Council has the authority and discretion
to modify, amend or repeal Resolution No. 18-12-190 or the provisions of this Section 12 at any time when it
determines such actions are in the best interest of the County.
Section 12. Personnel actions involving salary adjustments shall be effective the first day of the first pay period
following approval by either the County Administrator or his designee. Paychecks may be released up to one day
early upon approval by the County Administrator.
Section 13. All expenditures involving Professional Development, Schools and Certifications, and associated
mileage require the authorization of the applicant's department head, elected official or his/her designee prior to the
actual event. The department head or elected official must ensure that the amounts reimbursed are within the
guidelines of the Aiken County Code of Ordinances and personnel policies. In addition, the amounts reimbursed for
the above categories must be consistent for all employees. Department heads and elected officials are prohibited from
mandating official travel that may not be reimbursed in accordance with the Aiken County Code of Ordinances or
County policies. Once the department head or elected official has reviewed and approved the request for authorization
it must be forwarded to the County Finance Department for processing with all backup needed to verify costs, mileage
and travel dates. In the event the request is incomplete in any manner, the Finance Department will return the request
to the department without action. All reconciliations must have original receipts attached for reimbursement except
for per diem and mileage allowances. Failure to obtain prior authorization from the department head or elected official
and issuance of purchase orders in advance shall relieve the County of any liability for reimbursing costs and the
travel will be considered personal business. Out of County travel at no expense to the County must be authorized by

CC 9

the department head or elected official in writing in advance. In those instances where travel or training will be paid
to an individual by a non-County entity, no advanced monies shall be authorized or compensated.
Section 14. The reimbursement rate for all authorized, official County travel requiring the use of a personal vehicle
shall be reimbursed at the prevailing rate authorized by the State of South Carolina for State employees. No advance
mileage or per diem payments are authorized. All mileage reimbursements for FY 2026 shall be submitted by July
31, 2026. No previous fiscal year mileage expenses will be reimbursed after that date. All mileage reimbursement
shall be supported by such information as is required by the Finance Department. County Department Heads and
Elected Officials that have County vehicles assigned to their departments for business use, shall use those vehicles,
if available, for local travel and employees of those departments shall not be eligible for mileage reimbursement if a
County vehicle is available.
Per diem allowances are hereby established at the following rates:
For out-of-county, in-state travel, subsistence or reimbursement for meals shall not exceed the following rates
and time frames:
a. Breakfast - ten dollars ($10.00). (Employee is required to leave for official travel/work before 8:00 a.m.)
b. Lunch - twelve dollars ($12.00). (Continuous official travel/work out of county between 11:00 a.m. and 1:30
p.m.)
c. Dinner – twenty-eight ($28.00). (Continuous travel/work until after 6:30 p.m.)
For official county travel when lodging is required, lodging expenses shall not exceed the rate established for
conference attendees at the host or overflow hotels. Should an alternate location other than the conference hotel be
utilized that has a lower rate, lodging expenses will be reimbursed at actual cost. Receipts for lodging expenses must
be provided to the Finance Department for verification.
Attendance at conferences/seminars, County Council approved programs or projects, training required for state or
federally/mandated employee certification, and other mandatory job-related training is not authorized at County
expense unless funds availability is first verified by the Finance Department, approved by the appropriate department
head or elected official and authorized in advance.
A uniform allowance, at the rate of $25.00 per month paid to Investigators in the Solicitor's Office, and to the County
Coroner and Deputy Coroner, is authorized where budgeted for FY 2027. A uniform allowance, at the rate of $50.00
per month paid to Investigators in the Sheriff's Office is authorized where budgeted for FY 2027. Department
employees required to wear safety footwear in the performance of their duties will be reimbursed up to $150 per year
for the purchase of appropriate footwear.
A tool maintenance allowance of $200 per year shall be paid to those employees required by department policy to
provide their own tools in support of their duties.
Section 15. Fees and Charges. Fees and charges previously adopted by County Council that are still in effect based
on the records maintained by the Office of the County Administrator are hereby re-enacted for Fiscal Year 20262027. The following new, revised and updated fees and charges are hereby enacted. The County Administrator is
hereby authorized to correct clerical errors in the fees and charges in this Section 15, including those related to
miscommunications from fire departments concerning fire fees and charges, after advising County Council in writing
of such corrections at least seven calendar days prior to implementing such corrections.
Building and Development Fees
Building Permits
Valuation. Permit fees for all buildings, structures, additions, or alterations shall be calculated based on the
value of the structure.
a. For new structures and additions, valuation shall be calculated using the average construction cost
per square foot for each use group and building type classification set by the 2021 South Carolina
Building Code, along with the square footage of the structure.
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i. The average construction costs per square foot shall be 100% of the values established by
the February 2026 Building Valuation Data table published by the International Code
Council (ICC).
ii. For the purpose of determining valuation, the square footage of the structure shall include
the area of all enclosed and heated spaces and 50% of the area of unheated or open spaces
under a common roof.
b. Valuation for renovations, repairs, signs, and swimming pools shall be based on the actual value or
contract price, rounded to the next thousand dollars. Permit valuations shall include the total value
of the contract, including material and labor.
c. Any required plan review fee is established at 50% of the related building permit fee.
Tax Collector’s Office
Bidder Registration Fee

$40

Animal Shelter Fees
Emergency Surrender Fee
Adoptable animal with appointment
Adoptable animal without appointment
Unadoptable animal with or without appointment

$ 0
$ 50
$100
$150

Fire Protection Service Fees
Aiken County provides fire protection services to the unincorporated portions of the County pursuant to S.C.Code
Ann. Section 4-21-10, which provides in part:
The governing body of any county may by ordinance or resolution provide that the
county shall provide fire protection services, ambulance services and medical clinic
facilities. Services may be provided by use of county employees and equipment or
by contract with municipalities or private agencies.
Aiken County has established by ordinance Fire Districts pursuant to S.C.Code Ann. Sections 4-9-25, 4-9-30(5)(a),
and 4-9-120 that provide fire protection coverage for the unincorporated portions of Aiken County. Fire fees to fund
these services are as set forth annually in the County’s budget ordinance, amendments thereto, or otherwise by
ordinance pursuant to S.C.Code Ann. Sections 120, -130, and -140.
These services are provided by volunteer and municipal fire departments through Fire Protection Services Contracts.
The map attached to this budget ordinance depicts areas that have been added to the Fire Districts of four fire
1
departments that assumed portions of District 16. These Departments’ Fire Districts are reflected and their
amendment is confirmed by this ordinance. These four Departments’ Fire Districts (Service Areas) are specified as
exhibits (e.g., maps) to each Department’s Fire Protection Services Contract.
The FY 2027 fire fees are set forth as follows:
Beech Island Fire District
Residential and Commercial Real Property:
$0 to $40,000
$40,001 to $80,000
$80,001 to $120,000

$38.00
$66.00
$104.00

1

The Couchton Volunteer Fire Department, the Hollow Creek Voluntary Fire Department, the New Holland Volunteer
Fire Department, and the Salley Volunteer Fire Department.

CC 11

$120,001 to $160,000
$160,001 to $200,000
$200,001 to $240,000
$240,001 to $280,000
$280,001 to $350,000
$350,001 to $500,000
$500,001 >
Commercial Property
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >

$128.00
$158.00
$188.00
$218.00
$250.00
$250.00
$250.00
$104.00
$188.00
$250.00
$250.00
$250.00
$250.00

Unimproved property
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home
Mobile Home w/Residential Credit (4% assessment
including land)
Lot w/Residential Credit
Industrial:
Kimberly Clark Corporation
PACTIV Corporation
Dominion Energy

$20.00
$20.00
$38.00
$20.00
$0.00
$8,000
$5,000
$5,000

Belvedere Fire District
Residential Real Property:
In District:
$1 - $20,000
$20,001 - $40,000
$40,001 >
Mobile Homes Properties
1 mobile home
2 or more mobile homes
Non-Member/Non-Contract: (includes vehicle accidents and fires)
First hour or fraction thereof
Each additional hour or fraction thereof
An 8% cost of living adjustment will be added to each fee.

Center Fire District
CC 12

$20.00
$30.00
$ 0.75 per thousand
No additional charge
$25.00
$500.00
$200.00

Land with Home (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $240,000
$240,001 - $350,000
$350,001 >
Commercial
> 2500 sq. ft. building(s)
<=2500 sq. ft. building(s)
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)
Industrial
Contract Fees/Negotiated Fees Set By Fire District

$45.00
$45.00
$55.00
$65.00
$75.00
$85.00
$1,000.00
$500.00
$0
$0
$45.00
$45.00
$5,000

Couchton Fire District
Residential Real Property:
Land with Home
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $240,000
$240,001 - $350,000
$350,001 >
Commercial
>2500 sq. ft.
<=2500 sq. ft
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)
Industrial
Contract Fees

$60.00
$80.00
$120.00
$180.00
$220.00
$340.00
$550.00
$225.00
$30.00
$30.00
$60.00
$60.00
$1,000

Negotiated Fees Set by Fire Department

CC 13

Eureka Fire District
Land with Home (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)
Contract Fees/Negotiated Fees Set by Fire District
Shaw Creek Solar

$65.00
$75.00
$85.00
$95.00
$105.00
$125.00
$125.00
$125.00
$125.00
$125.00
$250.00
$500.00
$500.00
$500.00
$750.00
$750.00
$45.00
$45.00
$65.00
$65.00
$2,500

Graniteville/Warrenville/Vaucluse Fire District
Land with Home or Structure (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial
0 – 5,000 sq. ft.

$60.00
$60.00
$65.00
$65.00
$70.00
$75.00
$80.00
$80.00
$95.00
$95.00
$187.50
CC 14

5,001 – 10,000 sq. ft.
10,001 – 15,000 sq. ft.
15,001 – 20,000 sq. ft.
20,001 – 25,000 sq. ft.
25,001 >
w/o structure
52 gallon plus hazmat (chemical)
Specialty hazmat (material)
Involving Residential/Building (Apts.)
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)

$562.50
$937.50
$1,312.50
$1,875.00
$2,250.00
$37.50
$187.50
$375.00
$1,125.00
$0
$0
$60.00
$60.00

Industrial
Hollow Creek Fire District
Homes and Land
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Mobile Home Properties

$60.00
$75.00
$90.00
$105.00
$120.00
$135.00
$150.00
$165.00
$200.00
$280.00
$150.00
$175.00
$200.00
$325.00
$325.00
$325.00

Mobile Home Only

$60.00

Mobile Home w/Residential

$60.00

Lot w/Residential Credit
Industrial
Unimproved Land
Nonagricultural Classification (per parcel)
CC 15

$60.00
Individually Assessed
$25

Agricultural Classification (per parcel)
Commercial Hazardous
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,001,001 - $1,500,000
$1,500,001 - >

$30
$200
$225
$250
$300
$350
$400

Timber Tracts

$25 minimum/parcel up to 40 acres
Over 40 acres, .40 an acre in addition to the $25
Open Land Tracts
$30 minimum/parcel up to 40 acres
Over 40 acres, .40 an acre in addition to the $30
Contracts
Chicken Houses

$50 per house

Jackson Fire District
Land with Home
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - 240000
$240,001 - $280,000
$280,001 - $350,000
$350,001 – 500,000
$500,001 >
Commercial
<=2500 sq. ft. building(s)
> 2500 sq. ft. building(s)
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)
Lot w/o Residential Credit

Langley Fire District
CC 16

$40.00
$65.00
$90.00
$115.00
$120.00
$125.00
$130.00
$135.00
$140.00
$145.00
$500.00
$1,000.00
$20.00
$20.00
$55.00
$20.00
$55.00

Residential Real Property:
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $170,000
$170,001 - $225,000
$225,001 >
Small Commercial (no hazmat) up to 2000 sq ft
Small Commercial (with hazmat) up to 2000 sq ft
Medium Commercial (no hazmat) 2001 to 4000 sq ft
Medium Commercial (with hazmat) 2001 to 4000 sq ft
Large Commercial (no hazmat) 4001 and above
Large Commercial (with hazmat) 4001 and above
Industrial
Service Stations

Unimproved Land
Under an acre to 50 acres
Over 50 acres
Subdivided intent Land (Developer)/lot
Non-subscriber structure per apparatus on scene
Non-subscriber vehicle
Auto Extrication
Non-subscriber special response
Business not covered above
*(Medical supplies, foam, fuel, damage equipment, etc)

$50.00
$65.00
$80.00
$100.00
$125.00
$150.00
$100.00
$150.00
$175.00
$250.00
$1,000.00
$1,250.00
$3,000.00
$200.00

$30.00
$30.00 plus $0.50 per
acre after 50 acres
$30.00
$1,000.00
$250.00
$150.00
$500 plus cost*
Individually assessed

Midland Valley Fire District
Land with Home (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial
<=2500 sq. ft. building(s)
>2500 sq. ft. building(s)
w/Hazardous Materials

$80.25
$93.09
$105.93
$116.63
$127.33
$138.03
$148.73
$159.43
$170.13
$180.83
$270.71
$339.19
$374.50
CC 17

Motels
Businesses not covered
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Duplexes and Multi-Family
Family Living Unit per Duplex
Family Unit per multi-family residence
Mobile Home Properties

$449.40
Individually assessed
$25
$25
$65.00
$65.00

Mobile Home w/Residential Credit (4% assessment)

$75.00

Lot w/ Residential Credit

$75.00

Vehicle Accident/fire (up to 4 tires)
Vehicle Accident/fire (over 4 tires)
Nuisance Alarms after 6 alarms in one year
Contract Fees Negotiated Fees Set by Fire District

$220.00
$550.00
$ 50.00 per
occurrence
7% increase

Monetta Fire District
Land with Home (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)
Industrial
CC 18

$60.00
$80.00
$95.00
$110.00
$130.00
$155.00
$170.00
$185.00
$205.00
$250.00
$200.00
$300.00
$500.00
$750.00
$1,000.00
$2,500.00
$25.00
$25.00
$75.00
$75.00
Individually Assessed

Non-Subscriber fee/Delinquent Fee
Structure Fire

$2,000 plus cost
Per current FEMA
Schedule

Vehicle Fire
Special Incident Response

Per current FEMA
Schedule

Motor Vehicle Accident Response with/without
extrication

Per current FEMA
Schedule

Montmorenci Fire District
Residential Real property:
Less than $15,000
$15,001 - $40,000
$40,001 - $60,000
$60,001 - $90,000
$90,000 - 120,000
$120,001 - $150,000
$150,001 - $190,000
$190,001 - $230,000
$230,001 - $270,000
$270,001 - $310,000
$310,001 - $350,000
$350,001 - $390,000
$390,001 - $430,000
$430,001 >

$54.00
$59.00
$70.00
$92.00
$108.00
$124.00
$146.00
$168.00
$195.00
$216.00
$243.00
$265.00
$292.00
$313.00

Unimproved land regardless of acreage
Small commercial (under 2,500 sq ft)
Large commercial (2,501 sq ft or more)
Small industrial (under 5,000 sq ft and no significant amount of
hazardous materials)
Large industrial (5,001 sq ft or more, or significant amounts of
hazardous materials)
Hazmat incidents will be billed based on cost of mitigation.
Non-Subscriber Fee
Vehicle Fire
Special Incident Response
Motor Vehicle Accident Response
Auto Extrication

$33.00
$151.00
$270.00
$664.00
$956.00
$1,000.00
$250.00 up to
$500.00
$500 plus cost
up to $500.00 plus
cost
Additional $250.00
plus cost

New Ellenton Fire District
Unimproved Land, Homes, Buildings, Mobile Homes
Inside City of New Ellenton corporate limits
Per Parcel
CC 19

$60.00

Outside City of New Ellenton corporate limits
Land with Home (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial Property Outside City of New Ellenton corporate limits
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Unimproved Land Outside City of New Ellenton corporate limits
Nonagriculture Classification (per parcel)
Agriculture Classification (per parcel)
Mobile Home Properties Outside City of New Ellenton Corporate Limits:
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)

$85.00
$100.00
$115.00
$135.00
$135.00
$135.00
$145.00
$145.00
$155.00
$155.00
$175.00
$175.00
$225.00
$225.00
$225.00
$225.00
$55.00
$55.00
$70.00
$70.00

Contract Fees
Negotiated Fees Set by Fire District

New Holland Fire District
Land with Home (per parcel)
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000

$60.00
$90.00
$120.00
$140.00
$160.00
$200.00
$240.00
$280.00
$350.00
$400.00
$100.00
$200.00
$400.00
CC 20

$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home Only (land with different owner billed
separately)
Mobile Home w/Residential Credit (4% assessment
including land)

$800.00
$1,000.00
$2,500.00
$35.00
$35.00
$75.00
$65.00

Industrial
Industrial properties (per parcel)

$2,500.00

Salley Fire District
Homes and Land
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial Property
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Unimproved Land
Nonagricultural Classification (per parcel)
Agriculture Classification (per parcel)
Mobile Home Properties
Mobile Home Only
Mobile Home w/Residential Credit (4% assessment
including land)
Lot w/Residential credit
Industrial
Open land:
0 – 100 acres
101 – up acres
Chicken House (each)
CC 21

$45.00
$45.00
$45.00
$45.00
$45.00
$55.00
$55.00
$65.00
$75.00
$75.00
$150.00
$175.00
$200.00
$200.00
$225.00
$250.00
$25.00
$30.00
$40.00
$40.00
$40.00
$40.00
$10.00
$15.00
$75.00

Silver Bluff Fire District
Homes and Land
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 - $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,001 >
Commercial Property
$0 - $100,000
$100,001 - $250,000
$250,001 - $500,000
$500,001 - $1,000,000
$1,000,001 - $1,500,000
$1,500,001 >
Unimproved Land
Nonagricultural Classification (per parcel)
Agriculture Classification (per parcel)
Mobile Home Properties
Mobile Home Only
Mobile Home w/Residential Credit (4% assessment
including land)
Lot w/Residential credit
Contract Fees/Negotiated Fees Set by Fire District

Windsor Fire District
Residential:
$0 - $40,000
$40,001 - $80,000
$80,001 - $120,000
$120,001 – $160,000
$160,001 - $200,000
$200,001 - $240,000
$240,001 - $280,000
$280,001 - $350,000
$350,001 - $500,000
$500,011 >
Commercial
$0-$100,000
$100,001 - $250,000

$105.00
$135.00
$144.00
$162.00
$162.00
$162.00
$200.00
$200.00
$300.00
$300.00
$175.00
$350.00
$350.00
$350.00
$350.00
$350.00
$35.00
$35.00
$106.00
$106.00
$35.00

$60.00
$75.00
$75.00
$75.00
$90.00
$90.00
$90.00
$110.00
$110.00
$110.00
$150.00
$175.00
CC 22

$250,001 - $500,000
$500,001 – $1,000,000
$1,000,001 -$1,500,000
$1,500,001 >
Unimproved Land
Nonagricultural Classification (per parcel)
Agricultural Classification (per parcel)
Mobile Home Properties
Mobile Home
Mobile Home with Residential Credit

$200.00
$200.00
$225.00
$225.00
$25.00
$25.00
$60.00
$60.00

$500.00
Industrial
Hazmat Industrial
Wrecks
Extraction

$1,000.00
$250.00
$500.00
$ 1,000.00 plus $75
per hour per apparatus
and cost of material

Tractor Trailer

Where a range of real property values is listed above for fire protection service fees, it means the fair market value
of the parcel, including improvements, as determined by the Aiken County Assessor. Where properties qualify for
Agricultural Fair Market Value, that value will be used to determine the fee. In accordance with the contract with
each department, if any of the above fees represent an increase in any category from the previous year, the department
must provide certification that the revised fee schedule was published in a newspaper of general circulation in their
respective district at least twenty (20) days prior to submitting them to the County for review and inclusion in the
budget ordinance. The department must also demonstrate that it conducted a public meeting to receive input on the
proposed new fees. The County Administrator is hereby authorized, upon receipt of a written request from a specific
department, to make corrections or adjustments in the above fees if that adjustment results in a lower fee than
originally provided for in this ordinance.
All fire protection service fees received by the County for a fire protection service district, also known as a “fire
protection service area," shall be placed by the Treasurer in specific accounts or accounts to be used specifically and
exclusively for paying the fire department for the cost of providing fire protection services in that respective fire
protection service district assigned to it by the County. The collection and payment of such fees by the County is
subject to the fire department assigned that district by the County entering into at a contract with the County to provide
fire protection services in the designated service district, in a form and with contents acceptable to the County, relating
to those services and fees.
All fees and charges are to be collected for the designated fire department or agency, with all revenues received being
deposited with the County Treasurer in accordance with statutory and County Central Accounting procedures
established by the national Governmental Accounting Standards Board and the Finance Department.
Use of revenues to reimburse expenditure budget line items through deposit credits are prohibited, except for the
purpose of correcting vendor transactions, refunds, and similar matters, as approved by the Finance Department.
Section 16. The Chief Executive Officers of Aiken Technical College and the University of South Carolina Aiken
must submit a written warrant to the County Treasurer for the disbursement of taxes and penalties collected for the
Special Assessment Funds established in this ordinance. The warrant shall be similar to the warrant that the General
Fund, Aiken County Board of Education, and College Acres Public Works District use for like disbursements.
CC 23

Section 17. The County Administrator is hereby authorized to transfer County Government functions and allocated
appropriations within each fund among the various County divisions and departments in order to combine compatible
employee positions and functions, eliminate duplicate work, and reduce the overall operating cost of the County
Government.
Section 18. All monies appropriated for use in County Drug and Vice Funds shall be used only for the authorized
purposes of those funds, and shall not be transferred by a department to other parts of its budget. Annual audits
required for all Drug and Vice Funds shall be conducted by the County's contracted independent external auditors.
Section 19. County assistance to community organizations, recreational groups, and other similar nonprofit
organizations for "Special Public Works" projects utilizing Public Works Department equipment and personnel must
be brought before Council and approved by majority vote in public. Any "Road Maintenance Fee" funded personnel,
equipment, or commodities used for other than public County road maintenance must be reimbursed to the Road
Maintenance Fund.
Section 20. All County-funded agencies shall receive their allocations by fiscal year quarterly allotments; no agency
shall receive monthly payments. The quarterly allotments shall be paid on or in close proximity to the 15th of the
month following the end of the fiscal year quarter.
The University of South Carolina Aiken and Aiken Technical College shall receive their allocations on a schedule
agreed to by the Aiken County Treasurer and the aforementioned institutions. All un-appropriated fund balance
remaining in the Aiken Technical College account as identified in the most recently completed annual external audit
is hereby appropriated to Aiken Technical College and the Aiken County Treasurer is hereby authorized to provide
those funds. However, only the amount appropriated for the University of South Carolina Aiken by this ordinance
shall be distributed and cannot be exceeded without an amendment to this ordinance as adopted by Aiken County
Council.
Section 21. For the fiscal year ending June 30, 2027 (“Fiscal Year 2027”) the Aiken County Public Service Authority
shall bill the: 1) Operations and Maintenance Charge at a rate of $2.64 per thousand gallons of wastewater
received; 2) Debt Service Charge at a rate of $0.35308 per thousand gallons of reserved capacity to recover the Debt
Service Expense and Debt Service Coverage Component of $2,577,462; 3) Depreciation Charge at a rate of
$0.02644 per thousand gallons of reserved capacity; and 4) Capital Charge at a rate of $0.07146 per thousand gallons
of reserved capacity to recover the Current Capital Component and Subsequent Capital Component.
For the Fiscal Year 2027, the Aiken County Public Service Authority shall bill for Commercial Scavenger Waste a
rate of $130.00 per thousand gallons of scavenger waste received, plus applicable surcharges.
For the Fiscal Year 2027, the Aiken County Public Service Authority shall bill for Septic Tank Waste a rate of $45.00
per thousand gallons of septic waste received, plus applicable surcharges.
Section 22. The Board of Commissioners of the College Acres Public Works District is authorized to establish a tax
levy for the operation of the College Acres Public Works District, a Special Purpose District established under State
statute. This levy shall be collected on County tax bills for property in this tax district by the County Treasurer.
Section 23. All expenditures from the County Council Contingency Fund shall be approved by unanimous vote of
Council. A councilmember whose term of office expires during the current budget year may spend no more than 50%
of the total annual Contingency Fund Allocation for his/her district.
Section 24. The Clerk of Court receives Title IV-D Incentive and Unit Cost Reimbursement money from the State
of South Carolina that is required by state code to be spent for specific purposes at the discretion of the Clerk of
Court. These funds are budgeted in Fund 303 and Fund 401. Due to the provisions of these funds, the Clerk of Court
may adjust this budget during the fiscal year without an amendment by County Council in order to spend any and all
funds collected under Title IV-D incentives.

CC 24

Section 25. Fee-in-Lieu-of-Tax (FILOT) revenues collected or received from industries or businesses located within
Multi-County Industrial Parks (MCIP) or from companies affiliated with those industries or businesses shall be
divided between the jurisdictions having taxing authority for the location of the park in the following manner. FILOT
revenues are based on a negotiated, combined millage levy of the Aiken County Public School District and Aiken
County. Aiken County Public Schools shall receive sixty percent (60%) of the combined levy and Aiken County will
receive forty percent (40%) of the combined levy. This distribution from the levies of the FILOT will be based on
the net FILOT revenue received by Aiken County after Aiken County has recovered expenses for the development,
operation and administration of the MCIP, recovered expenses incurred as a part of any incentive agreements with
the industries and businesses located within the MCIP and the companies affiliated with them, paid the other county
in the MCIP the amount of FILOT revenue due it, and made any other appropriate payments associated with the
project located in the MCIP. If the MCIP is located within the corporate limits of a municipality with a property tax,
the municipality will receive the net FILOT revenue generated by the negotiated millage in the FILOT agreement
allocable to the municipality after deductions are made for expenses and payments as set forth in the agreement with
the municipality on the MCIP.
Section 26. Fund 604 is created for the receipt and distribution of funds received from the American Rescue Plan
Act. Ordinance No. 21-09-25 adopted by County Council on September 21, 2021 amended the Fiscal Year 20212022 budget by specifically appropriating these funds in several eligible categories as designated by this ordinance.
This ordinance reallocates funds remaining as of June 20, 2026 for FY 2027.
Section 27. Fund 610 has been created for the receipt and distribution of funds received as a part of the SRS Litigation
Settlement. The funds were allocated in the FY 2023 budget as set forth by South Carolina legislation. The balance
of those funds at June 30, 2026, will be reappropriated in the FY 2027 budget for the same purposes until all funds
are spent.
The SRS Litigation Settlement Funds (Fund 610) were placed into separate Local Government Investment Pool
accounts for each jurisdiction for which the funds were committed. The interest earned on each of those LGIP
accounts shall be appropriated to be spent by the agency in which the proceeds were committed.
Section 28. In accordance with Section 2-655(f) of the Aiken County Code of Laws, a direct appropriation from
the Internal Financing Fund (Fund 710) of $15,000 is hereby authorized for the purchase software and technology
equipment for Register of Deeds.
Section 29. Aiken County Designated Service Area.
Pursuant to S.C.Code Ann. Section 5-7-60:
Any municipality may perform any of its functions, furnish any of its services, except services of police
officers, and make charges therefor and may participate in the financing thereof in areas outside the corporate
limits of such municipality by contract with any individual, corporation, state or political subdivision or
agency thereof or with the United States Government or any agency thereof, subject always to the general
law and Constitution of this State regarding such matters, except within a designated service area for all such
services of another municipality or political subdivision, including water and sewer authorities, and in the
case of electric service, except within a service area assigned by the Public Service Commission pursuant to
Article 5 of Chapter 27 of Title 58 or areas in which the South Carolina Public Service Authority may provide
electric service pursuant to statute. For the purposes of this section designated service area shall mean an area
in which the particular service is being provided or is budgeted or funds have been applied for as certified by
the governing body thereof. Provided, however, the limitation as to service areas of other municipalities or
political subdivisions shall not apply when permission for such municipal operations is approved by the
governing body of the other municipality or political subdivision concerned.
Pursuant to Section 5-7-60, the entire unincorporated portion of Aiken County constitutes Aiken County’s designated
service area in which public services are administered by Aiken County Public Service Authority. Any municipality
providing public services, including, but not limited to, water or sewer service, within the unincorporated portion of
Aiken County that has not received formal permission to provide such services within Aiken County’s designated
CC 25

service area shall seek such permission from the governing body of Aiken County by submitting its request to the
Aiken County Public Service Authority no later than ________________. The Aiken County Public Service
Authority may provide amplifying guidance for municipalities requesting formal permission from the County
Council.”
Section 30. The Aiken County Code of Ordinances shall be amended to include appropriate sections of this Ordinance
that have the effect of being permanent enactments.
Section 31. All provisions in other County Ordinances or Resolutions in conflict with this Ordinance are hereby
repealed.
Section 32. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid
by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance
which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance
are declared severable.
This Ordinance shall become effective on July 1, 2026.
Adopted at the regular meeting of Aiken County Council on ________, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman

REVIEWED BY: ____________________________
Brad Farrar, County Attorney
COUNCIL VOTE:

CC 26

Sponsor(s): County Council
First Reading: May 19, 2026
Second Reading: June 2, 2026
Public Hearing: June 16, 2026
Third Reading: June 16, 2026
Effective Date: June 16, 2026

I, ___________________________________
Council Clerk, certify that this Ordinance was
published for a Public Hearing on 5/26/26.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
ORDINANCE NO.
An Ordinance Authorizing the Execution and Delivery of a Fee In Lieu of Ad Valorem Taxes Agreement By and
Between Aiken County, South Carolina And Ambiopharm, Inc., a Company Currently Known to the County As
Project Synthesis, Acting For Itself, One or More Affiliates, and/or Other Project Sponsors and Sponsor Affiliates,
to Provide For a Fee In Lieu of Ad Valorem Taxes Incentive, Certain Special Source Revenue Credits, and Other
Matters Relating Thereto.
WHEREAS, Aiken County, South Carolina (“County”), acting by and through its County Council (“County
Council”) is authorized (i) by Chapter 44 of Title 12 of the Code of Laws of South Carolina, 1976, as amended (the
“FILOT Act”), to enter into agreements with qualifying companies to encourage investment in projects constituting
Economic Development Property under the FILOT Act through which the economic development of the State will
be promoted by inducing new and existing manufacturing and commercial enterprises to locate and remain in the
State and thus utilize and employ manpower and other resources of the State and to covenant with such industry to
accept certain fee payments in lieu of ad valorem taxes (“Negotiated FILOT Payments”) with respect to such
investment; (ii) by Title 4, Chapter 1 of the Code of Laws of South Carolina 1976, as amended, including Section 41-175 thereof, Section 4-29-68 of the Code of Laws of South Carolina 1976, as amended (collectively, the
“Infrastructure Credit Act”), and Article VIII, Section 13 of the South Carolina Constitution, to provide credits
(“Infrastructure Credits” or “Special Source Revenue Credits” or “SSRCs”) to qualifying companies to offset
qualifying infrastructure related expenditures pursuant to the Infrastructure Credit Act; (iii) under Section 4-1-170 of
the Code of Laws of South Carolina 1976, as amended (“MCIP Act”), to create multi-county industrial parks with
one or more contiguous counties and include certain properties therein, and, in its discretion, include within the
boundaries of these parks (“MCIP”) the property of qualifying industries, and under the authority provided in the
MCIP Act, the County previously created an MCIP with Edgefield County, South Carolina (the “Park”) by that
agreement titled "Agreement for Development for Joint County Industrial/Business Park" dated July 15, 1997, as
subsequently amended (the “Park Agreement”); (iv) to collect fees in lieu of ad valorem tax payments (“Statutory
FILOT Payments”), as reduced where applicable by the statutory abatement (the “Abatement”) of county taxes
provided by S.C. Code Ann. § 12-37-220(A)(7), due upon certain property not qualifying as Economic Development
Property under the FILOT Act (“Non-Fee Property”) from taxpayers whose properties are located within the
boundaries of an MCIP, (v) to make and execute contracts of the type described herein pursuant to Section 4-9-30 of
the Code, and (vi) to grant SSRC’s against both Negotiated FILOT Payments and Statutory FILOT Payments; and
WHEREAS, Ambiopharm, Inc. (previously identified by the County as Project Synthesis), a California
corporation authorized to transact business in South Carolina, along with one or more existing, or to-be-formed or
acquired subsidiaries, or affiliated or related entities (collectively, the “Company”) and any Sponsor Affiliates (as
defined under the Fee Agreement as defined herein) that the Company may designate and have the County approve
herein or by future resolution, is now planning an investment consisting of the expenditure of approximately
$118,000,000 (“Investment”) and to acquire by construction, lease and purchase certain land, buildings, furnishings,
fixtures, apparati, and equipment, including the Project Property (defined below) for the purpose of expanding an
existing manufacturing facility in the County (“Project”); and
WHEREAS, the Project shall be located on a portion of real property located entirely in the County of Aiken,
with improvements therein, as more particularly described in the attached Exhibit A, as may be supplemented or
replaced from time to time (the “Project Site”); and

CC 27

WHEREAS, pursuant to the Park Agreement, the boundaries of the Park include the Project Site; and
WHEREAS, in connection with the Project, the Company has requested the County to enter into incentive
agreements, to the extent and subject to the conditions provided in those agreements, to establish the commitments
of (i) the Company and any future Sponsor Affiliate to make the Investment; and (ii) the County to provide certain
incentives; and
WHEREAS, pursuant to the FILOT Act, and based on information provided by the Company, the County
has determined that (i) the Project will benefit the general public welfare of the County by providing services,
employment, recreation or other public benefits not otherwise provided locally; (ii) the Project will not give rise to
any pecuniary liability of the County or any incorporated municipality or to any charge against any of their general
credit or taxing power; (iii) the purposes to be accomplished by the Project are proper governmental and public
purposes; and (iv) the benefits of the Project to the public will be greater than the costs to the public; and
WHEREAS, the County has determined, as an inducement to undertake the Expansion Project in the County,
to offer a FILOT incentive for a term of thirty years on the Company’s investments in Economic Development
Property and an additional 30% SSRC for 30 years against the Company’s Negotiated FILOT Payments, the terms
of which are further set forth in a Fee-In-Lieu of Ad Valorem Taxes Agreement between the County and the Company
attached hereto as Exhibit B (“Fee Agreement”);
WHEREAS, the State of South Carolina’s Coordinating Council on Economic Development (“CCED”) has
approved or will approve a monetary grant for the Project’s benefit, specifically to offset some of the costs associated
with the development of the Project (“State Grant”), the funds of which will be received and administered by the
County or its affiliates, as grantee, in accordance with applicable law for the benefit of the Project; and
WHEREAS, the County recognizes and acknowledges that the Company would not otherwise undertake the
Project in the County but for the delivery of the incentives as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE AIKEN COUNTY COUNCIL DULY
ASSEMBLED THAT:
Section 1. Findings. The County hereby finds and affirms, based on information provided by the Company:
(i) the Project will benefit the general public welfare of the County by providing services, employment, recreation or
other public benefits not otherwise provided locally; (ii) the Project gives rise to no pecuniary liability of the County
or any incorporated municipality and to no charge against its general credit or taxing power; (iii) the purposes to be
accomplished by the Project are proper governmental and public purposes; and (iv) the benefits of the Project to the
public are greater than the costs to the public; and (v) the Project will provide a substantial public benefit to the
County.
Section 2. Authorization to Execute and Deliver the Fee Agreement. The form, terms, and provisions of
the Fee Agreement presented to this meeting and filed with the Clerk to County Council are hereby approved, and all
of the terms, provisions, and conditions 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 the Clerk to County Council are
hereby authorized to execute, acknowledge, and deliver the Fee Agreement in the name of and on behalf of the
County, and thereupon to cause the Fee Agreement to be delivered to the Company. The Fee Agreement shall be in
substantially the form now before this meeting and hereby approved, or with such changes therein as shall not
materially adversely affect the rights of the County thereunder and as shall be approved by the officials of the County
executing the same upon review of the County Attorney.
Section 3. Inclusion in a Park. The County confirms that the Project Property is included within the
boundaries of the Park, and should the County require otherwise, the County Council agrees to take whatever steps
are necessary to maintain the inclusion of the Project Property in the Park or another MCIP created under the MCIP
Act for no less than the longer of the term of the Fee Agreement.

CC 28

Section 4. State Grant Administration. The County shall administer the State Grant in accordance with
applicable law, and immediately after receipt by the County and confirmation of the Company’s compliance with the
terms and conditions of the State Grant shall provide the proceeds of such grant for the benefit of the Project and as
further set forth in any applicable agreement, law, or regulation governing the use of such grant funds in connection
with the Project.
Section 5. Further Acts. The County Council authorizes the County Administrator, other County staff, and
the County Attorney, along with any designees and agents who any of these officials deems necessary and proper, in
the name of and on behalf of the County (each an “Authorized Individual”), to take whatever further actions, and
enter into whatever further agreements, as any Authorized Individual deems to be reasonably necessary and prudent
to effect the intent of this Ordinance and induce the Company to locate the Project in the County.
Section 5. General Repealer. All ordinances, resolutions, and parts thereof in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 6. Severability. Should any part, provision, or term of this Ordinance be deemed unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such finding or determination shall not affect the
rest and remainder of the Ordinance or any part, provision or term thereof, all of which is hereby deemed separable.
This Ordinance takes effect and is in full force only after the County Council has approved this Ordinance
following three readings and a public hearing.
(Signature Page Follows)

CC 29

AIKEN COUNTY, SOUTH CAROLINA
_________________________________
Gary Bunker, Council Chairman
Aiken County Council

(SEAL)
ATTEST:
Katelyn Gorby, Council Clerk
Aiken County, South Carolina
First Reading:
Second Reading:
Third Reading:
Public Hearing:

May 19, 2026
June 2, 2026
June 16, 2026
June 16, 2026

CC 30

EXHIBIT A
Project Property Legal Description
Tax Map Parcel Number(s):

TBD

CC 31

EXHIBIT B
Fee Agreement
[Attached]

CC 32

FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT
BETWEEN

AMBIOPHARM, INC.
AND

AIKEN COUNTY, SOUTH CAROLINA

DATED __________________

PREPARED BY:

PARKER POE ADAMS & BERNSTEIN LLP
1221 MAIN STREET, SUITE 1100
COLUMBIA, SOUTH CAROLINA 29201
(803) 255-8000

CC 33

_________________________
TABLE OF CONTENTS
_________________________

ARTICLE I
DEFINITIONS
Section 1.1.

Terms ......................................................................................................................2
ARTICLE II
REPRESENTATIONS AND WARRANTIES

Section 2.1.

Representations of the County................................................................................5

Section 2.2.

Representations of the Company ............................................................................5
ARTICLE III
FILOT PAYMENTS

Section 3.1.

Negotiated FILOT Payments ..................................................................................5

Section 3.2.

Special Source Revenue Credits .............................................................................7

Section 3.3.

FILOT Payments on Replacement Property ..........................................................7

Section 3.4.

Reductions in Payments of Taxes Upon Removal, Condemnation or Casualty...8

Section 3.5.

Place and Allocation of FILOT Payments .............................................................8

Section 3.6.

Removal of Equipment............................................................................................8

Section 3.7.

Damage or Destruction of Project ..........................................................................8

Section 3.8.

Condemnation .........................................................................................................9

Section 3.9.

Maintenance of Existence ......................................................................................9

Section 3.10. Confidentiality/Limitation on Access to Project ....................................................9
Section 3.11. Assignment and Subletting ...................................................................................10
Section 3.12. Leased Equipment .................................................................................................10
Section 3.13. Events of Default ...................................................................................................10
Section 3.14. Remedies on Default .............................................................................................10

CC 34

Section 3.15. Collection of FILOT Payments ............................................................................11
Section 3.16. Remedies Not Exclusive ........................................................................................11
Section 3.17. Waiver of Recapitulation Requirements ..............................................................11
Section 3.18. Reports; Filings .....................................................................................................11
Section 3.19. Fiscal Year; Property Tax Year ............................................................................11
ARTICLE IV
MISCELLANEOUS
Section 4.1.

Notices ...................................................................................................................12

Section 4.2.

Binding Effect .......................................................................................................12

Section 4.3.

Counterparts; Electronic Signatures....................................................................13

Section 4.4.

Governing Law ......................................................................................................13

Section 4.5.

Headings ................................................................................................................13

Section 4.6.

Amendments ..........................................................................................................13

Section 4.7.

Further Assurance ................................................................................................13

Section 4.8.

Severability ............................................................................................................13

Section 4.9.

Force Majeure .......................................................................................................13

Section 4.10. Execution Disclaimer............................................................................................14
Section 4.11. Limitation of Liability for County ........................................................................14
Section 4.12. Indemnification Covenants...................................................................................14
Section 4.13. Payment of Administration and Legal Expenses .................................................15
Exhibit A – Description of Property
Exhibit B – Form of Joinder Agreement

CC 35

FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT
THIS FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT (“Fee Agreement”) is made and
entered into as of June 16, 2025, between Aiken County, South Carolina (“County”), a body politic and
corporate and a political subdivision of the State of South Carolina (“State”), acting through the Aiken
County Council (“County Council”) as the governing body of the County, and AmbioPharm, Inc.
(previously identified by the County as Project Synthesis), a California corporation authorized to transact
business in South Carolina, as Sponsor, along with affiliated or related entities, and assigns, including one
or more Sponsor Affiliates, to the extent allowed by and as defined in Section 12-44-30 of the Code, as
amended (collectively, “Company” and with the County, “Parties,” each, a “Party”).
WITNESSETH:
(a) The County acting by and through its County Council is authorized and empowered under and
pursuant to the provisions of Chapter 44 of Title 12 of the Code of Laws of South Carolina, 1976, as
amended (the “Act”) (i) to enter into agreements with qualifying companies to encourage investment in
projects constituting economic development property through which the economic development of the State
will be promoted by inducing new and existing manufacturing and commercial enterprises to locate and
remain in the State and thus utilize and employ manpower and other resources of the State; (ii) to covenant
with such industry to accept certain fee payments in lieu of ad valorem taxes (“FILOT”) with respect to
such investment; (iii) under Section 4-1-170 of the Code of Laws of South Carolina, 1976, as amended
(“MCIP Act”) to create multi-county industrial parks (“MCIP” or “MCIPs”) with one or more contiguous
counties and include certain properties therein, and, in its discretion, include within the boundaries of these
parks the property of qualifying industries; and (iv) to make and execute contracts pursuant to Section 4-930 of the Act.
(b) Pursuant to a resolution adopted on May 19, 2026 (“Inducement Resolution”), the County Council
identified the Project (as defined herein), as required under the Act, and pursuant to County Council
Ordinance No. [________] adopted June 16, 2026 (“FILOT Ordinance”) authorized (i) the execution and
delivery of this Fee Agreement and (ii) other incentives further described in this Fee Agreement.
(c) AmbioPharm, Inc. (“the Company”), along with one or more existing, or to-be-formed or acquired
subsidiaries, or affiliated or related entities, and any Sponsor Affiliates that the Company may designate
and the County may approve by subsequent resolution is now planning an investment consisting of the
expenditure of approximately $118,000,000 (“Investment”) and to acquire by construction, lease and
purchase certain land, buildings, furnishings, fixtures, apparati, and equipment, including the Project
Property (defined below) for the purpose of expanding an existing manufacturing facility in the County (the
“Project”).
(d) Pursuant to the Act, and based on information provided by the Company, the County has determined
that (i) the Project will benefit the general public welfare of the County by providing services, employment,
recreation or other public benefits not otherwise provided locally; (ii) the Project will not give rise to any
pecuniary liability of the County or any incorporated municipality or to any charge against any of their
general credit or taxing power; (iii) the purposes to be accomplished by the Project are proper governmental
and public purposes; and (iv) the benefits of the Project to the public will be greater than the costs to the
public.
(e) The Project shall be located on a portion of real property located entirely in the County of Aiken,
with
improvements
therein,
with
such
tax
map
parcels
bearing
Tax
Map
Number_________________________, the legal description of which is set forth on the attached Exhibit
A, as may be supplemented or replaced from time to time (the “Project Site”); and

CC 36

(f) Under the authority provided in the MCIP Act, the County previously created an MCIP with
Edgefield County, South Carolina (the “Park”) by that agreement titled "Agreement for Development for
Joint County Industrial/Business Park" dated July 15, 1997, as subsequently amended (the “Park
Agreement”), and pursuant to the Park Agreement, the boundaries of the Park include the Project Site, as
more particularly described.
NOW, THEREFORE, AND IN CONSIDERATION of the respective representations and
agreements hereinafter contained, the parties hereto agree as follows, with the understanding that no
obligation of the County described herein shall create a pecuniary liability or charge upon its general credit
or taxing powers, but shall be payable solely out of the sources of payment described herein and shall not
under any circumstances be deemed to constitute a general obligation to the County:
ARTICLE I
DEFINITIONS
Section 1.1.

Terms.

The terms defined in this Article shall for all purposes of this Fee Agreement have the meaning
herein specified, unless the context clearly requires otherwise.
“Act” means the provisions of Chapter 44 of Title 12 of the Code of Laws of South Carolina, 1976,
as amended, and any amendments thereto.
“Administration Expenses” shall mean the reasonable and necessary expenses including ordinary
and reasonable attorneys’ fees, incurred by the County with respect to the Project and this Fee Agreement;
provided, however, that no such expense shall be considered an Administration Expense unless the County
furnishes to the Company a statement in writing indicating the reason such expense has been or will be
incurred and either estimating the amount of such expense or stating the basis on which the expense has
been or will be computed.
“Chair” means the Chair of the County Council.
“Clerk of County Council” means the Clerk to County Council.
“Code” means the South Carolina Code of Laws, 1976, as amended.
“Commencement Date” means the last day of the property tax year during which the Project or
their first Phase thereof is placed in service, which date shall not be later than the last day of the property
tax year that is three (3) years from the year in which the Parties entered into this Fee Agreement.
“County” means Aiken County, South Carolina, a body politic and corporate and political
subdivision of the State of South Carolina, its successors and assigns, acting through the Aiken County
Council as the governing body of the County.
“County Council” means the Aiken County Council, the governing body of the County.
“Diminution of Value,” in respect of any Phase of the Project, means any reduction in the value
based on original fair market value as determined in Step 1 of Section 3.1 of this Fee Agreement, of the

CC 37

items which constitute a part of the Phase which may be caused by (i) the Company’s removal of equipment
pursuant to Section 3.5 of this Fee Agreement, (ii) a casualty to the Phase of the Project, or any part thereof,
described in Section 3.6 of this Fee Agreement, or (iii) a condemnation to the Phase of the Project, or any
part thereof, described in Section 3.7 of this Fee Agreement.
“Economic Development Property” means all items of real and tangible personal property
comprising the Project which qualify as economic development property under the Act, become subject to
the Fee Agreement, and which are identified by the Company in connection with their annual filing of a
PT-300 or comparable forms with the South Carolina Department of Revenue (“Department”) (as such
filing may be amended from time to time) for each year within the Investment Period, as that period may
be extended by subsequent, formal action of County Council. Title to all Economic Development Property
shall at all times remain vested in the Company, or any Sponsor Affiliate, except as may be necessary to
take advantage of the effect of Section 12-44-160 of the Act.
“Equipment” means all of the machinery, equipment, furniture and fixtures, together with any and
all additions, accessions, replacements and substitutions thereto or therefor acquired by the Company, or
any Sponsor Affiliate, during the Investment Period, as that period may be extended, as a part of the Project.
“Event of Default” means any Event of Default specified in Section 3.13 of this Fee Agreement.
“Fee Term” or “Term” means the period from the date of delivery of this Fee Agreement until the
last Phase Termination Date unless sooner terminated or extended pursuant to the terms of this Fee
Agreement.
“FILOT” means fee in lieu of ad valorem tax, as provided in the Act or the MCIP Act.
“FILOT Payment” means the payments in lieu of ad valorem taxes which the Company, or any
Sponsor Affiliate, is obligated to pay to the County for the Project in the Park.
“Improvement” means each improvement, together with any and all additions, accessions,
replacements and substitutions thereto or therefor acquired by the Company during the Investment Period,
as that period may be extended.
“Investment” shall include: (i) taxable capital expenditures, whether considered Economic
Development Property or non-Economic Development property, without regard to the depreciation that are
made towards or for the benefit of the Project, regardless of the source of payment of such expenditures; (ii)
to the extent allowed by State law, and as long as the value of such assets is subject to ad valorem property
taxation in the County, the value of any assets leased by the Company and, as applicable, any Sponsor
Affiliate, without regard to the depreciation, regardless of the source of payment of such expenditures; and
(iii) to the extent allowed by law, any other expenditures made by the Company and, as applicable, any
Sponsor Affiliate that the County and the Company and, as applicable, any Sponsor Affiliates may mutually
agree upon in a writing that is executed by an authorized representative of the Company and the County
Administrator and the Chairman of County Council, and that are subject to ad valorem property taxation in
the County. The Investment shall include those expenditures made by both the Company and, as applicable,
the Sponsor Affiliate, prior to the end of the Investment Period as defined herein.
“Investment Period” means the period commencing on the first day that Economic Development
Property is purchased or acquired and ending on the last day of the fifth property tax year following the
first property tax year in which Economic Development Property is placed in service (such ending date is
anticipated to be December 31, 2030); provided a later date may apply in accordance with Section 3.1 of

CC 38

this Fee Agreement, or may otherwise be agreed to by the Company and County, in writing, pursuant to the
Act.
“MCIP Act” means Section 4-1-170 of the Code of Laws of South Carolina, 1976, as amended,
and any amendments thereto.
“MCIP Agreement” means the agreement, pursuant to the MCIP Act, authorizing the creation and
operation of the Park or MCIP.
“Park” or “MCIP” means a multi-county industrial and business park created by the County
pursuant to the MCIP Act.
“Phase,” in respect to the Project, means the Equipment, Improvements and Real Property, if any,
placed in service during each year of the Investment Period.
“Phase Termination Date” means, with respect to each Phase of the Project, the day 29 years after
each such Phase of the Project becomes subject to the terms of this Fee Agreement. Anything contained
herein to the contrary notwithstanding, the last Phase Termination Date shall be no later than December 31
of the year of the expiration of the maximum period of years that the annual fee payment is available to the
Company under Section 12-44-30(20) of the Act, as amended and this Agreement, absent written agreement
between the Parties extending that period in accordance with the Act.
“Project” shall include the Equipment, Improvements, and Real Property, together with the
acquisition, construction, installation, design and engineering thereof, in phases. The Project involves an
initial investment of sufficient sums to qualify under the Act.
“Real Property” means real property, together with all and singular the rights, members,
hereditaments and appurtenances belonging or in any way incident or appertaining thereto acquired or
constructed by the Company, or, if applicable, any Sponsor Affiliate; all Improvements now or hereafter
situated thereon; and all fixtures now or hereafter attached thereto, but only to the extent such Improvements
and fixtures are deemed to become part of the Project under the terms of this Fee Agreement and the Act.
“Removed Component” means the following types of components or Phases of the Project or
portions thereof, all of which the Company, or, if applicable, any Sponsor Affiliate, as the case may be,
shall be entitled to remove from the Project with the result that the same shall no longer be subject to the
terms of the Fee Agreement: (a) components or Phases of the Project or portions thereof which the
Company, or, if applicable, any Sponsor Affiliate, in its sole discretion, determines to be inadequate,
obsolete, worn-out, uneconomic, damaged, unsuitable, undesirable or unnecessary; or (b) components or
Phases of the Project or portions thereof which the Company, or, if applicable, any Sponsor Affiliate, in its
sole discretion, elects to remove pursuant to Section 3.6(c) or Section 3.7(b)(iii) of this Fee Agreement.
“Replacement Property” means any property which is placed in service as a replacement for any
item of Equipment or any Improvement which is scrapped or sold by the Company, or, if applicable, any
Sponsor Affiliate, and treated as a Removed Component under Section 3.5 hereof regardless of whether
such property serves the same function as the property it is replacing and regardless of whether more than
one piece of property replaces any item of Equipment or any Improvement.
Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement
shall be deemed to include any and all amendments, supplements, addenda, and modifications to such
agreement or document.

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ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1.

Representations of the County.

The County hereby represents and warrants to the Company:
(a) the County is a body politic and corporate and a political subdivision of the State which acts through
the County Council as its governing body and by the provisions of the Act is authorized and empowered to
enter into the transactions contemplated by this Fee Agreement and to carry out its obligations hereunder.
The County has duly authorized the execution and delivery of this Fee Agreement and any and all other
agreements described herein or therein; and
(b) based on representations of the Company, or, if applicable, any Sponsor Affiliate party to this Fee
Agreement, the Project constitutes a “project” within the meaning of the Act; and
(c) by due corporate action, the County has agreed that, subject to compliance with applicable laws,
each item of real and tangible personal property comprising the Project shall be considered Economic
Development Property under the Act.
Section 2.2.

Representations of the Company.

The Company hereby represents and warrants to the County:
(a) the Company is qualified or will be qualified to do business in the State of South Carolina and has
power to enter into this Fee Agreement; and
(b) the Company’s execution and delivery of this Fee Agreement and its compliance with the
provisions hereof will not result in a default, not waived or cured, under any Company restriction or any
agreement or instrument to which the Company is now a party or by which it is bound; and
(c) the Company intends to operate the Project as a “project” within the meaning of the Act as in effect
on the date hereof; and
(d) the availability of the FILOT with regard to the Economic Development Property authorized by the
Act, along with other incentives provided by the County, has been an inducement to the Company and the
Sponsor Affiliate, if applicable, to undertake the Project in the County; and
(e) the Company intends to invest approximately one hundred and eighteen million Dollars
($118,000,000) in the Project by the end of the Investment Period as set forth in Section 3.1.

ARTICLE III
FILOT PAYMENTS
Section 3.1.

Negotiated FILOT Payments.

(a)
Pursuant to Section 12-44-50 of the Act, the Company, and, if applicable, any Sponsor
Affiliate, is required to make FILOT Payments on all Economic Development Property comprising the
Project and placed in service, as follows: (i) the Company shall make Payments in lieu of ad valorem taxes

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with respect to each Phase of the Project placed in service on or before each December 31 within the
Investment Period.
(b)
procedure:

The amount of such annual FILOT Payments shall be determined by the following

Step 1:

Determine the fair market value of the Phase of the Project placed in service in any given
year for such year and for the following 29 years unless extended by the Parties in accordance
with the Act, using original income tax basis for State income tax purposes for any real
property (provided, if real property is constructed for the fee or is purchased in an arm’s
length transaction, fair market value is deemed to equal the original income tax basis,
otherwise, the Department will determine fair market value by appraisal) and original income
tax basis for State income tax purposes less depreciation for each year allowable to the
Company, or, if applicable, any Sponsor Affiliate, for any personal property as determined
in accordance with Title 12 of the Code, as amended and in effect on December 31 of the
year in which each Phase becomes subject to the Fee Agreement, except that no extraordinary
obsolescence shall be allowable but taking into account all applicable property tax
exemptions which would be allowed to the Company or any Sponsor Affiliate under State
law, if the property were taxable, except those exemptions specifically disallowed under
Section 12-44-50(A)(2) of the Act, as amended and in effect on December 31 of the year in
which each Phase becomes subject to the Fee Agreement.

Step 2:

Multiply the fair market value by a fixed assessment ratio of 6% to establish the taxable value
of each Phase of the Project in the year it is placed in service and in each of the 29 years
thereafter or such longer period of years that the annual fee payment is permitted to be made
by the Company or any Sponsor Affiliate under the Act, as amended, if such longer period
is approved by County Council, in writing. This Step 2 may fluctuate in accordance with the
assessment adjustments set forth in Section 3.1(e).

Step 3:

Multiply the taxable value for each year by a millage rate of 335.74 mills (which millage rate
shall be a fixed rate for the term of this Fee Agreement), to determine the amount of the
FILOT Payments which would be due in each year of the Fee Term on the payment dates
prescribed by the County for such payments or such longer period of years that the annual
fee payment is permitted to be made by the Company or any Sponsor Affiliate under the Act,
as amended, if such longer period is approved by County Council in writing.

Step 4:

The County shall subtract from the FILOT Payment(s) to be invoiced to the Company, and,
as applicable, any Sponsor Affiliate, an amount equal to the value of the annual Special
Source Revenue Credits as further defined under Section 3.2 of this Fee Agreement.

(c) The County shall use its commercially reasonable best faith efforts to ensure that the Project is
incorporated and will remain in a Park during the Fee Term. If, for any reason, the agreement governing
the Park into which the Project is incorporated is modified, or otherwise terminated, then the County shall
use its commercially reasonable best faith efforts to ensure that the Project shall be immediately placed into
another multi-county park arrangement established pursuant to the MCIP Act, to which the County is party
and that would enable the Company to receive the benefits afforded by having the Project incorporated into
a Park.
(d) In the event that the Act and/or the above-described FILOT Payments are declared invalid or
unenforceable, in whole or in part, for any reason, the parties express their intentions that such payments
and this Fee Agreement be reformed so as to most closely effectuate the legal, valid, and enforceable intent

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thereof and so as to afford the Company and any Sponsor Affiliate with the benefits to be derived hereunder.
If the Project is deemed to be subject to ad valorem taxation, the payment in lieu of ad valorem taxes to be
paid to the County by the Company and any Sponsor Affiliate shall become equal to the amount which
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 Project was and had not been Economic Development
Property under the Act. In such event, any amount determined to be due and owing to the County from the
Company, or any Sponsor Affiliate, as the case may be, with respect to a year or years for which payments
in lieu of ad valorem taxes have been previously remitted by the Company, or any Sponsor Affiliate, to the
County hereunder, shall be reduced by the total amount of payments in lieu of ad valorem taxes made by
the Company, or any Sponsor Affiliate, with respect to the Project pursuant to the terms hereof, and further
reduced by any abatements provided by law.
(e) If legislation reducing the minimum assessment ratio or millage rate shall be enacted by the
State, the County agrees to consider, in good faith, any request by the Company to amend any inducement
agreement, resolution, ordinance, fee-in-lieu of tax agreement or lease agreement, including this Fee
Agreement, all as the case may be, to afford the Company, and any Sponsor Affiliate, a lower assessment
ratio and millage rate permitted by law. Moreover, if taxes on real or personal property shall be abolished
in the County or the State, the Company may terminate this Fee Agreement with no penalty to the Company
or, if applicable, any Sponsor Affiliate, but with the Company and any Sponsor Affiliate continuing to owe
any amounts and payments already accrued hereunder.
Section 3.2.

Special Source Revenue Credits.

As an inducement for the Project and in accordance with Section 12-44-70 of the Act and Section
4-1-175 of the MCIP Act, in order to reimburse the Company and any Sponsor Affiliates for qualifying
capital expenditures incurred for costs of the Infrastructure during the Investment Period, the County grants
to the Company and any Sponsor Affiliates a Special Source Revenue Credit, beginning with the first
property tax year during which a Phase of the Project is placed in service, for thirty (30) consecutive years
for each Phase of the Project, in an amount equal to thirty percent (30%) of each annual FILOT Payment
due for the Project (“SSRC”).
With respect to the SSRC, the County shall automatically reflect the SSRC against the FILOT
Payment(s) on those FILOT invoices provided by the County to the Company and any Sponsor Affiliate.
Section 3.3.

FILOT Payments on Replacement Property.

If the Company elects to replace any Removed Components and to substitute such Removed
Components with Replacement Property as a part of the Project, then, pursuant and subject to Section 1244-60 of the Act, the Company or any Sponsor Affiliate shall make statutory payments in lieu of ad valorem
taxes with regard to such Replacement Property as follows:
(a) to the extent that the income tax basis of the Replacement Property (“Replacement Value”) is
less than or equal to the original income tax basis of the Removed Components (“Original Value”) the
amount of the FILOT Payments to be made by the Company or any Sponsor Affiliate with respect to such
Replacement Property shall be calculated in accordance with Section 3.1 hereof; provided, however, in
making such calculations, the original cost to be used in Step 1 of Section 3.1 shall be equal to the lesser of
(x) the Replacement Value or (y) the Original Value, and the number of annual payments to be made with
respect to the Replacement Property shall be equal to 30 (or, if greater, the maximum number of years for
which the annual fee payments are available to the Company or any Sponsor Affiliate for each portion of
the Project under the Act, as amended, if so approved by the County Council then in office) minus the

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number of annual payments which have been made with respect to the oldest Removed Components
disposed of in the same property tax year as the Replacement Property is placed in service; and
(b) to the extent that the Replacement Value exceeds the Original Value of the Removed
Components (“Excess Value”), the FILOT Payments to be made by the Company or any Sponsor Affiliate
with respect to the Excess Value shall be equal to the payment that would be due if the property were not
Economic Development Property.
Section 3.4.

Reductions in Payments of Taxes Upon Removal, Condemnation or Casualty.

In the event of a Diminution in Value of any Phase of the Project, and subject, always, to Section
3.3, hereof, the FILOT Payment with regard to that Phase of the Project shall be reduced in the same
proportion as the amount of such Diminution in Value bears to the original fair market value of that Phase
of the Project as determined pursuant to Step 1 of Section 3.1 hereof.
Section 3.5.

Place and Allocation of FILOT Payments.

The Company, or as applicable, any Sponsor Affiliate, shall make the above-described FILOT
Payments directly to the County in accordance with applicable law and in the same location(s) and manner
as for all ad valorem tax payments to the County.
Section 3.6.

Removal of Equipment.

Subject always to Section 3.3, the Company, or as applicable, any Sponsor Affiliate, shall be
entitled to remove the following types of components or Phases of the Project from the Project with the
result that said components or Phases (“Removed Components”) shall no longer be considered a part of the
Project and shall no longer be subject to the terms of this Fee Agreement: (a) components or Phases which
become subject to statutory payments in lieu of ad valorem taxes; (b) components or Phases of the Project
or portions thereof which the Company, or any Sponsor Affiliate, in its sole discretion, determine to be
inadequate, obsolete, uneconomic, worn-out, damaged, unsuitable, undesirable or unnecessary; or (c)
components or Phases of the Project or portions thereof which the Company or any Sponsor Affiliate in its
sole discretion, elect to remove pursuant to Section 3.7(c) or Section 3.8(b)(iii) hereof.
Section 3.7.

Damage or Destruction of Project.

(a) Election to Terminate. In the event the Project is damaged by fire, explosion, or any other
casualty, the Company shall be entitled to terminate this Fee Agreement, but the Company will remain
responsible and liable for all amounts already then accrued and due and owing to the County, as it will in
every case involving termination of this Fee Agreement, notwithstanding anything to the contrary contained
herein.
(b) Election to Rebuild. In the event the Project is damaged by fire, explosion, or any other
casualty, and if the Company does not elect to terminate this Fee Agreement, the Company may in its sole
discretion commence to restore the Project with such reductions or enlargements in the scope of the Project,
changes, alterations and modifications (including the substitution and addition of other property) as may be
desired by the Company, subject always to the terms and provisions of Section 3.3 hereof. All such
restorations and replacements shall be considered substitutions of the destroyed portions of the Project and
shall be considered part of the Project for all purposes hereof, including, but not limited to any amounts due
by the Company to the County under Section 3.1 hereof.

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(c) Election to Remove. In the event the Company elects not to terminate this Fee Agreement
pursuant to subsection (a) and elects not to rebuild pursuant to subsection (b), the damaged portions of the
Project shall be treated as Removed Components, to the extent allowed by law.
Section 3.8.

Condemnation.

(a) Complete Taking. If at any time during the Fee Term title to or temporary use of the entire
Project should become vested in a public or quasi-public authority by virtue of the exercise of a taking by
condemnation, inverse condemnation or the right of eminent domain, or by voluntary transfer under threat
of such taking, or in the event that title to a portion of the Project shall be taken rendering continued
occupancy of the Project commercially infeasible in the judgment of the Company, the Company shall have
the option to terminate this Fee Agreement as of the time of vesting of title by sending written notice to the
County within a reasonable period of time following such vesting.
(b) Partial Taking. In the event of a partial taking of the Project or transfer in lieu thereof, the
Company may elect: (i) to terminate this Fee Agreement; (ii) to repair and restore the Project, with such
reductions or enlargements in the scope of the Project, changes, alterations and modifications (including
the substitution and addition of other property) as may be desired by the Company, subject always to the
terms and provisions of Section 3.3 hereof; or (iii) to treat the portions of the Project so taken as Removed
Components.
Section 3.9.

Maintenance of Existence.

The Company agrees (i) that it shall not take any action which will materially impair the
maintenance of its corporate existence and (ii) that it will maintain its good standing under all applicable
provisions of State law. Notwithstanding the foregoing, any changes in the corporate existence of the
Company that result from internal restructuring or reorganization of the Company or its parent is
specifically authorized hereunder. Likewise, benefits granted to the Company under this Fee Agreement
may, in the event of any such restructuring or reorganization, be transferred to the successor entity under
the provisions of Section 3.12 hereof.
Section 3.10.

Confidentiality/Limitation on Access to Project.

The County acknowledges and understands that the Company utilizes confidential and proprietary
“state-of-the-art” manufacturing equipment and techniques and that a disclosure of any information relating
to such equipment or techniques, including, but not limited to, disclosures of financial or other information
concerning the Company’s operations could result in substantial harm to the Company and could thereby
have a significant detrimental impact on the Company’s employees and also upon the County. Therefore,
the County agrees that, except as required by law and pursuant to the County’s police powers, neither the
County nor any employee, agent or contractor of the County: (i) shall request or be entitled to receive any
such confidential or proprietary information; (ii) shall request or be entitled to inspect the Project or any
property associated therewith; provided, however, that if an Event of Default shall have occurred and be
continuing hereunder, the County shall be entitled to inspect the Project provided they shall comply with
the remaining provisions of this Section; or (iii) shall knowingly and intentionally disclose or otherwise
divulge any such clearly identified and marked confidential or proprietary information to any other person,
firm, governmental body or agency, or any other entity unless specifically required to do so by Federal or
State law. Prior to disclosing any confidential or proprietary information or allowing inspections of the
Project or any property associated therewith, the Company may require the execution of reasonable,
individual, confidentiality and non-disclosure agreements by any officers, employees or agents of the
County or any supporting or cooperating governmental agencies who would gather, receive or review such
information or conduct or review the results of any inspections. To the extent that any confidential or

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proprietary information provided by the Company is requested through the South Carolina Freedom of
Information Act (“FOIA”), the County shall, promptly following receipt of a such request and prior to
making such disclosure (subject, always and in any event, to the County’s absolute right and requirement
to comply with the FOIA in the timeframe required by the FOIA, which is not changed by anything herein),
provide the Company written notice of such request so that the Company may take action to safeguard its
interests, and the County shall cooperate in all reasonable regards with the Company in seeking to preserve
the confidentiality of the information requested.
Section 3.11.

Assignment and Subletting.

This Fee Agreement may be assigned in whole or in part and the Project may be subleased as a
whole or in part by the Company or any Sponsor Affiliate so long as such assignment or sublease is made
in compliance with Section 12-44-120 of the Act. To the extent consent is required by that Code section,
the County may grant such consent by adoption of a resolution, not to be unreasonably withheld.
Section 3.12.

Leased Equipment.

To the extent that applicable law allows or is revised or construed to allow the benefits of the Act,
in the form of FILOT Payments as described in Section 3.1 hereof, to be applicable to personal property to
be installed in the buildings and leased to but not purchased by the Company, or as applicable, any Sponsor
Affiliate, from at least one third party, under any form of lease, then that personal property, at the
Company’s, or as applicable, the Sponsor Affiliate’s, sole election, will become subject to FILOT Payments
to the same extent as the Equipment under this Fee Agreement, upon proper application of the law and
applicable procedures by the Company or any Sponsor Affiliate. This Fee Agreement is interpreted or
modified as appropriate to give proper application to this Fee Agreement to the additional personal property
without any amendment of this Fee Agreement, if so allowed by State law at the time; therefore, no
additional or further action by County Council is or would be required. The County Administrator, after
consulting with the County Attorney, is authorized to make modifications, if any, as may be appropriate to
give effect to this Section.
Section 3.13.

Events of Default.

The following shall be “Events of Default” under this Fee Agreement, and the term “Events of
Default” shall mean, whenever used with reference to this Fee Agreement, any one or more of the following
occurrences:
(a) Failure by the Company to make, upon levy, the FILOT Payments described in Section 3.1
hereof; provided, however, that the Company shall be entitled to all redemption rights granted by applicable
statutes; or
(b) Failure by the Company to perform any of the other material terms, conditions, obligations or
covenants of the Company hereunder, which failure shall continue for a period of ninety (90) days after
written notice from the County to the Company specifying such failure and requesting that it be remedied,
unless the County shall agree in writing to an extension of such time prior to its expiration.
Section 3.14.

Remedies on Default.

Whenever any Event of Default shall have occurred and shall be continuing, the County, after
having given written notice to the Company of such default and after the expiration of a ninety (90) day
cure period (other than for failure to make the FILOT payments required by Section 3.1, hereof), provided,
however, that if such default cannot reasonably be cured within such ninety (90) day period, the Company

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shall have such additional time as is reasonably necessary to cure so long as it is diligently pursuing such
cure, shall have the option to take any one or more of the following remedial actions:
(a) Terminate the Fee Agreement; or
(b) Take whatever action at law or in equity that may appear necessary or desirable to collect the
other amounts due and thereafter to become due or to enforce performance and observance of any
obligation, agreement or covenant of the Company under this Fee Agreement.
Section 3.15.

Collection of FILOT Payments.

In addition to all other remedies herein provided, the nonpayment of FILOT Payments shall
constitute a lien on the Project for tax purposes as provided in Section 12-44-90 of the Act. In this regard,
and notwithstanding anything in this Fee Agreement to the contrary, the County may exercise the remedies
provided by general law (including Title 12, Chapters 49 and 51, of the Code) relating to the enforced
collection of ad valorem taxes to collect any FILOT Payments due hereunder, in addition to, and not in lieu
of, any other remedies specifically provided herein.
Section 3.16.

Remedies Not Exclusive.

No remedy conferred upon or reserved to the County under this Fee Agreement is intended to be
exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and
shall be in addition to every other lawful remedy now or hereafter existing. No delay or omission to exercise
any right or power accruing upon any continuing default hereunder shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient. In order to entitle the County to exercise any remedy reserved to
it, it shall not be necessary to give notice, other than such notice as may be herein expressly required and
such notice required at law or equity which the Company is not competent to waive.
Section 3.17.

Waiver of Recapitulation Requirements.

As permitted under Section 12-44-55 of the Act, the Company and County hereby waive
application of any of the recapitulation requirements as set forth in Section 12-44-55 of the Act, to the
extent that, and so long as, the Company provides the County with copies of all filings which the Company
is required to make pursuant to the Act within thirty (30) days of making such filings.
Section 3.18.

Reports; Filings.

Each year during the term of this Fee Agreement, the Company and, as applicable, any Sponsor
Affiliate, shall deliver to the Aiken County Auditor, Treasurer, and Assessor a copy of their most recent
annual property tax returns filed with the Department with respect to the applicable portions of the Project.
(a) The Company, and, as applicable, any Sponsor Affiliate, shall cause a copy of this Fee
Agreement, as well as a copy of the completed forms PT-443 of the Department, to be filed with the Aiken
County Auditor, the Aiken County Assessor, the Aiken County Treasurer, the Clerk to County Council,
and the Department within thirty (30) days after the date of execution and delivery hereof.
Section 3.19.

Fiscal Year; Property Tax Year.

If the Company’s fiscal year changes so as to cause a change in the Company’s property tax year,
then the timing of the requirements of this Fee Agreement are automatically revised accordingly.

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ARTICLE IV
MISCELLANEOUS
Section 4.1.

Notices.

Any notice, election, demand, request or other communication to be provided under this Fee
Agreement shall be effective when delivered to the party named below or when deposited with the United
States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows (or
addressed to such other address as any party shall have previously furnished in writing to the other party),
except where the terms hereof require receipt rather than sending of any notice, in which case such provision
shall control:

AS TO THE COUNTY:

Aiken County, South Carolina
ATTN: Brian Sanders, County Administrator
1930 University Parkway, Suite 3100
Aiken, South Carolina 29801
Telephone: 803-642-2012
Facsimile: 803-643-1994
Email: [email protected]

WITH A COPY TO:
(shall not constitute notice)

Bradley T. Farrar
Aiken County Attorney
1930 University Parkway, Suite 3600
Aiken, South Carolina 29801
Direct Dial Office: 803-642-3628
Mobile: 803-348-4456
Email: [email protected]

AS TO THE COMPANY:

________________________________
________________________________
________________________________
Telephone:
Email:

WITH A COPY TO:
(does not constitute notice)

Sam C. Moses, Esquire
Parker Poe Adams & Bernstein LLP
1221 Main Street, Suite 1100
Columbia, South Carolina 29201
Telephone: (803) 255-8000
Facsimile: (803) 255-8017
Email: [email protected]

Section 4.2.

Binding Effect.

This Fee Agreement shall be binding, in accordance with its terms, upon and inure to the benefit of
the Company, any Sponsor Affiliate (as applicable) and the County, and their respective successors and
assigns. In the event of the dissolution of the County or the consolidation of any part of the County with

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any other political subdivision or the transfer of any rights of the County to any other such political
subdivision, all of the covenants, stipulations, promises and agreements of this Fee Agreement shall bind
and inure to the benefit of the successors of the County from time to time and any entity, officer, board,
commission, agency or instrumentality to whom or to which any power or duty of the County has been
transferred.
Section 4.3.

Counterparts; Electronic Signatures.

The Parties may execute this Fee Agreement in any number of counterparts, in original or by
facsimile or by any electronic means, and all of the executed counterparts taken together shall be deemed
to constitute one and the same instrument. All signatures so obtained and transmitted shall be deemed for
all purposes under this Fee Agreement to be original signatures and may conclusively be relied upon by
any Party to this Fee Agreement.
Section 4.4.

Governing Law.

This Fee Agreement and all documents executed in connection herewith shall be construed in
accordance with and governed by the laws of the State.
Section 4.5.

Headings.

The headings of the articles and sections of this Fee Agreement are inserted for convenience only
and shall not be deemed to constitute a part of this Fee Agreement.
Section 4.6.

Amendments.

The provisions of this Fee Agreement may only be modified or amended in writing by an agreement
or agreements entered into between Parties.
Section 4.7.

Further Assurance.

From time to time, and at the Company’s sole expense, the County agrees to execute and deliver
to the Company, subject to the laws of the State, such additional instruments as it may reasonably request
to effectuate the purposes of this Fee Agreement.
Section 4.8.

Severability.

If any provision of this Fee Agreement is declared illegal, invalid or unenforceable for any reason,
the remaining provisions hereof shall be unimpaired, and such illegal, invalid or unenforceable provision
shall be reformed so as to most closely effectuate the legal, valid and enforceable intent thereof and so as
to afford the Company and any of the Sponsor Affiliates with the maximum benefits to be derived herefrom,
it being the intention of the County to offer the Company a strong inducement to locate the Project in the
County.
Section 4.9.

Force Majeure.

The Company or any Sponsor Affiliates shall not be responsible for any delays or nonperformance caused in whole or in part, directly or indirectly, by strikes, accidents, freight embargoes, fire,
floods, inability to obtain materials, conditions arising from government orders or regulations, war or
national emergency, acts of God, and any other similar cause, beyond the Company’s or any Sponsor
Affiliate’s reasonable control.

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Section 4.10.

Execution Disclaimer.

Notwithstanding any other provision, the County is executing as statutory accommodation to assist
the Company in achieving the intended benefits and purposes of the Act. The County has made no
independent legal or factual investigation regarding the particulars of this transaction and it executes in
reliance upon representations by the Company that this document complies with all laws and regulations,
particularly those pertinent to industrial development projects in South Carolina.
Section 4.11.

Limitation of Liability for County.

ANYTHING HEREIN TO THE CONTRARY NOTWITHSTANDING: (A) THE PROJECT
GIVES RISE TO NO PECUNIARY LIABILITY OF THE COUNTY OR CHARGE AGAINST
ITS GENERAL CREDIT OR TAXING POWERS; (B) ANY OBLIGATION OF THE COUNTY
CREATED BY OR ARISING UNDER THE AGREEMENT SHALL BE A LIMITED
OBLIGATION OF THE COUNTY, PAYABLE BY THE COUNTY SOLELY FROM THE
PROCEEDS DERIVED HEREUNDER AND SHALL NOT UNDER ANY CIRCUMSTANCES
BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION OF THE COUNTY UNDER
THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION; AND (C)
THE COUNTY MAY REQUIRE AS A CONDITION TO THE PARTICIPATION BY IT WITH
THE COMPANY IN ANY CONTESTS OR IN OBTAINING ANY LICENSE OR PERMITS OR
OTHER LEGAL APPROVALS A DEPOSIT BY THE COMPANY OF SUCH AMOUNT AS
REASONABLY DETERMINED BY THE COUNTY TO BE APPROPRIATE TO ASSURE
THE REIMBURSEMENT TO THE COUNTY OF THE COSTS INCURRED BY IT IN SUCH
PARTICIPATION, WITH ANY AMOUNT OF SUCH DEPOSIT IN EXCESS OF SUCH COSTS
TO BE RETURNED TO THE COMPANY; PROVIDED, HOWEVER, THAT NOTHING
HEREIN SHALL PREVENT EITHER PARTY FROM ENFORCING ITS RIGHTS
HEREUNDER BY ANY REMEDY PROPERLY AVAILABLE TO IT AT LAW OR IN
EQUITY.
Section 4.12.

Indemnification Covenants.

(a) The Company shall and agrees to indemnify and save the County, including the members of the
governing body of the County, and the employees, officers and agents of the County (herein collectively
referred to as the "Indemnified Parties") harmless against and from all claims by or on behalf of any person,
firm, company or legal entity arising from the conduct or management of, or from any work or thing done
on the Project during the Term, and, Company further, shall indemnify and save the Indemnified Parties
harmless against and from all claims arising from any act, error or omission occurring during the Term
from: (i) any condition of the Project, (ii) any breach or default on the part of Company in the performance
of any of its obligations under this Fee Agreement, (iii) any act of the Company or any of its agents,
contractors, servants, employees or licensees, related to the Project, (iv) any act of any assignee or sublessee
of the Company, or of any agents, contractors, servants, employees or licensees of any assignee or sublessee
of the Company, related to the Project, or (v) any environmental violation, condition, or effect of, upon or
caused by the Project. Company shall indemnify, defend and save the Indemnified Parties harmless from
and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or
in connection with any action or proceeding brought thereon, and upon notice from an Indemnified Party,
Company shall defend the Indemnified Party in any such action, prosecution or proceeding, with counsel
reasonably acceptable to the County.

CC 49

(b) Notwithstanding the fact that it is the intention of the parties that the Indemnified Parties not
incur pecuniary liability by reason of the terms of this Fee Agreement, or the undertakings required of the
County hereunder, by reason of the execution of this Fee Agreement, by reason of the performance of any
act requested of it by the Company, or by reason of the operation of the Project by the Company, including
all claims, liabilities or losses arising in connection with the violation of any statutes or regulations
pertaining to the foregoing, nevertheless, if the Indemnified Parties should incur any such pecuniary
liability, then in such event the Company shall indemnify and hold them harmless against all claims by or
on behalf of any person, firm, corporation or other legal entity, arising out of the same, and all costs and
expenses, including, without limitation, attorneys fees, incurred in connection with any such claim or in
connection with any action or proceeding brought thereon, and upon.
(c) Notwithstanding anything herein to the contrary, the Company is not required to indemnify any
Indemnified Party against any claim or liability (1) occasioned by the acts of that Indemnified Party, which
are unrelated to the conduct or management of, or from any work or thing done on the Project; or (2)
resulting from that Indemnified Party’s own gross negligence, bad faith, fraud, deceit, or willful
misconduct, all as related to the Project or its documents.
(d) An Indemnified Party shall provide the Company with prompt notice, reasonable under the
circumstances, of the existence or threat of any claim or liability, including, without limitation, copies of
any citations, orders, fines, charges, remediation requests, or other claims or threats of claims, in order to
afford the Company notice, reasonable under the circumstances, within which to defend or otherwise
respond to a claim.
(e) Following this notice, the Company shall have the sole right and duty to assume, and shall
assume, the defense thereof, at its expense, with counsel reasonably acceptable to the County, with full
power to litigate, compromise, or settle the same in its sole discretion; provided the Company shall obtain
the prior written consent of the County to settle any such claim unless such claim is solely for monetary
damages for which the Company has the ability to, and does, pay, and there is no material loss or loss of
reputation to any Indemnified Party. Notwithstanding the foregoing, if the Indemnified Party is the County,
in the event the County reasonably believes there are defenses available to it that are not being pursued or
that the counsel engaged by the Company reasonably determines that a conflict of interest exists between
the County and the Company, the County may, in its sole discretion, hire independent counsel to pursue its
own defense or that of any Indemnified Party, and the Company shall be liable for the reasonable cost of
such counsel.
(f) These indemnification covenants shall be considered included in and incorporated by reference
in subsequent documents in connection with this Fee Agreement which the County is requested to sign, and
any other indemnification covenants in any subsequent documents shall not be construed to reduce or limit
the above indemnification covenants, provided such subsequent documents are in connection with this Fee
Agreement.
Section 4.13.

Payment of Administration and Legal Expenses.

The Company will pay to the County from time to time amounts equal to the
Administration Expenses of the County promptly upon written request therefor, but in no event
later than forty-five (45) days after receiving written notice from the County specifying the nature
of such expenses and requesting payment of the same. The Company shall also pay all ordinary
and reasonable attorneys’ fees incurred by the County in connection with this Fee Agreement and
all other related documents necessary to provide the Company with the incentives provided herein
and therein, not to exceed a total of $5,000, absent extraordinary circumstances, provided that the

CC 50

County must provide reasonable notice of any attorneys’ fees to be paid in excess of $5,000. The
Company does not condition the performance of any of its obligations under this Agreement by
the County undertaking, and is not requesting and does not request that, the County undertake any
site preparation or other work not expressly provided for herein, including, but not limited to, the
filing or prosecution of any road closure or abandonment action pursuant to S.C.Code Ann. §§ 579-10 et seq., or declaratory or other actions at law or in equity on behalf of or for the Company’s
benefit.

SIGNATURE PAGES TO FOLLOW

CC 51

IN WITNESS WHEREOF, the County, acting by and through the County Council, has caused this
Agreement to be executed in its name and on its behalf by the Chair of County Council and its County
Administrator and to be attested by the Clerk to County Council as of the day and year first above written.

AIKEN COUNTY, SOUTH CAROLINA
_______________________________________
Gary Bunker, Council Chairman
Aiken County Council

(SEAL)
ATTEST:

_________________________________
Katelyn Gorby, Council Clerk
Aiken County, South Carolina

CC 52

IN WITNESS WHEREOF, the Company, acting by and through its duly authorized representative(s), has
caused this Fee Agreement to be executed in its name and on its behalf, effective as of the day and year
first above written.
AMBIOPHARM, INC.

By:
Name:
Title:

CC 53

EXHIBIT A
PROPERTY DESCRIPTION
Tax Map Parcel Number(s):

TBD

CC 54

EXHIBIT B
FORM OF JOINDER AGREEMENT

Reference is hereby made to that certain Fee in Lieu of Tax and Incentive Agreement effective
June 16, 2026 (“Fee Agreement”), by and between Aiken County, South Carolina (“County”)
and AmbioPharm, Inc. (“Company”).
1. Joinder to Fee Agreement.
The undersigned hereby (a) joins as a party to, and agrees to be bound by and subject to all of the
terms
and
conditions
of,
the
Fee
Agreement
except
the
following:
__________________________; (b) acknowledges and agrees that (i) in accordance with the Fee
Agreement, the undersigned has been designated as a Sponsor Affiliate by the Company for
purposes of the Project; and (ii) the undersigned shall have all of the rights and obligations of a
Sponsor Affiliate as set forth in the Fee Agreement, unless otherwise set forth herein.
2. Capitalized Terms.
All capitalized terms used but not defined in this Joinder Agreement shall have the meanings set
forth in the Fee Agreement.
3. Governing Law.
This Joinder Agreement shall be governed by and construed in accordance with the laws of the
State of South Carolina, without regard to principles of choice of law.
4. Notice.
Notices under Section 4.1 of the Fee Agreement shall be sent to:
[

]

IN WITNESS WHEREOF, the undersigned has executed this Joinder Agreement to be effective
as of the date set forth below.
_______________
Date

_____________________________________
Name of Entity

By:
____________________________
Name: ____________________________
Its:
____________________________
Address:____________________________
____________________________

CC 55

IN WITNESS WHEREOF, the Company consents to the addition of the above-named entity
becoming a Sponsor Affiliate under the Fee Agreement effective as of the date set forth above.
By:
____________________________
Name: ____________________________
Its:
____________________________
Date: ____________________________
Address:____________________________
____________________________

CC 56

Sponsors
: County Council
First Reading
: May 19, 2026
Committee Referral
: Development Committee
Committee Consideration Date : May 19, 2026
Committee Recommendation : Approval
Second Reading
: June 16, 2026
Public Hearing
: June 2, 2026
Third Reading
:
Effective Date
:

I, ___________________________________
Council Clerk, certify that this Ordinance was
published for a Public Hearing on May 16, 2026.

ORDINANCE NO.
COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Amend Chapter 16 Parks and Recreation, Section 2 Rules and Regulations of the Aiken County
Code of Ordinances.
WHEREAS:
1.

The Aiken County Parks & Recreation Department has requested that the Parks and Recreation
Commission make changes to Chapter 16 Parks and Recreation, Section 2 Rules and Regulations of the
Aiken County Code of Ordinances to better facilitate the future needs of the County parks; and

2.

The Parks and Recreation Commission, members in attendance at its meeting on April 13th, 2026, approved
the requested changes.

NOW THEREFORE BE IT ENACTED BY THE AIKEN COUNTY COUNCIL THAT:
1.

County Council hereby approves the following changes to Chapter 16 Parks and Recreation, Section 2
Rules and Regulations:
Chapter 16 - PARKS AND RECREATION

Sec. 16-2. - Rules and regulations.
(b)

The following rules and regulations shall apply to all county parks and facilities:
1. Children under twelve (12) years of age must be accompanied by a responsible older person (aged 16 or
older).
2. Weapons, firearms, air guns, explosives and unauthorized fireworks will not be allowed in the park.
3. Skateboards, skates and bicycles must always yield the right-of-way to pedestrians when used in traffic or
pedestrian areas, including walking tracks and trails.
4. No profanity allowed.
5. Trash shall be placed in trash cans.
6. Defacing Park property and/or breaking plants and flowers will result in the forfeiture of park privileges.
7. No fighting.
8. No beer, ale, wine, porter, other alcoholic beverage or unprescribed drugs allowed.
9. Entrance to the park will be denied to any person under the influence of alcohol or unprescribed drugs.
10. No climbing on fences or structures.
11. No glass containers allowed in any park area.
12. Collection of money or sale of products on park premises will not be allowed without the permission of
Aiken County.
13. No vehicles are allowed beyond designated parking areas.
14. Motorized all-terrain vehicles, including motorcycles, may only be operated in county parks within
designated areas.
15. No solicitation.
16. No hunting or trapping.
CC 57

17. No golf allowed in any county park.
18. Dogs must be on a leash no longer than six (6) feet.
19. Patrons must immediately dispose of waste left by their pets.
20. All music volumes must be kept at a normal listening level.
21. No music shall be played after 9:00 p.m.
22. The following parks shall be open from sunrise to sunset: Aiken County Veterans Park, Gloverville, Lollar
Park, Spider Web Park, Spann Hammond Park, and Thomas Park.
All other parks shall be open from sunrise until 9:00 p.m., unless there is an approved scheduled activity in
progress.
23. Overnight camping may only take place in designated areas and with prior written approval of the Aiken
County Parks and Recreation Department.
24. No campfires, warming fires, cooking fires or open flames are allowed in county parks, except in designated
areas.
25. No Loitering.
26. Any events or gatherings with 75 attendees, inflatables, food vendors, or commercial sales must be
approved through Aiken County Parks and Recreation Department’s event applications; fees may apply.
27. All parks have a posted 10mph speed limit. Children and pedestrian traffic, please use caution.
28. The use of any tobacco product, electronic smoking device, or similar device is prohibited within all parks,
facilities, and properties owned or operated by the County.
29. All boating must comply with all South Carolina boating laws.
30. All fishing must comply with South Carolina fishing laws.
31. Cleaning, gutting, filleting, or otherwise preparing fish is prohibited within all parks and facilities owned
or operated by the County.
32. Disposal of fish remains, waste, or byproducts within park property is prohibited.
(c)

These additional rules apply to specific parks or facilities:
Aiken County Tennis and Basketball Court Rules
1. No hard-soled shoes--tennis shoes only.
2. No glass inside the court area.
3. Observe the rights of others.
4. Lights out at 9:00 p.m.
5. Hanging on rims, nets, or backboards is prohibited.
6. Courts shall be used on a first-come, first-served basis unless reserved.
7. Organized practices, games, or leagues must reserve courts through Aiken County Parks and Recreation
Department.
Aiken County Ballfield Rules
No spectators allowed on the playing field.
No concession stands allowed other than those authorized by Aiken County or its designee.
No steel cleats allowed.
Athletic fields shall be open for public use; however, scheduled or rental activities shall have priority
use; rental fees apply.
5. Once a game begins officials/umpires have full control over the field/game. They have the final decision
on calls, decisions, ejections, etc.

1.
2.
3.
4.

Aiken County Playground Rules

1. No glass containers.
2. Equipment shall not be used for purposes other than intended by the manufacturer (i.e., no standing on
slides or swings).
3. No jumping from heights.
4. All children under twelve (12) years of age must be accompanied by a responsible older person (aged
16 or older).
1. No horseplay or running.

Aiken County Pool Rules

CC 58

2. Swimming allowed only when lifeguard present.
3. No glass containers.
4. No diving.
Langley Pond Rules
1. Recreational boating shall adhere to “No Wake” zones at all times; these zones will be located around
the boat ramps and the swim area.
2. The pond may be closed to all outside watercrafts during Aiken County sanctioned activities or events.
3. There is possible danger to users of the pond by submerged trees and other objects. The county assumes
no responsibility for damage to property by these objects.
4. Swimming is allowed in designated area only; no jumping or swimming is permitted off of the docks,
piers, or spillway bridge.
5. Swim area is only open after water testing has been performed (Memorial Day through Labor Day).
6. No horseplay or any other behavior that may result in serious injury is allowed.
7. Users of the pond must understand that they do so at their own risk.
8. Fishing from shorelines, docks, and piers is allowed.
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.

Boyd Pond Rules
Recreational boating shall be limited to “No Wake” speeds at all times.
Users of the pond must understand that they do so at their own risk.
There is possible danger to users of the pond by submerged trees and other objects. The county assumes
no responsibility for damage to property by these objects.
Fishing from shorelines, docks and piers is allowed.
Park Trail Rules
Trails are designated for recreational use, including walking, running, and other activities as
permitted by the County.
No Off-Trail hiking is permitted; all users shall remain on designated trails and follow posted signage
and markings.
Trails shall be used only for their intended and designated purposes.
No motorized vehicles are permitted on trails.
Pets must remain on leash.
Patrons must dispose of pet waste.
Horses are only permitted on Langley Pond Loop.
Horse owners are responsible for waste.

2.

All provisions in other County Ordinances in conflict with this Ordinance are hereby repealed.

3.

If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid,
the invalidity does not affect other provisions or applications of the Ordinance which can be given effect
without the invalid provision or application and to this end, the provisions of this Ordinance are severable.

This Ordinance shall become effective on ___________________________.
Adopted at the regular meeting of Aiken County Council on ____________________________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman

REVIEWED BY: ______________________________
Bradley T. Farrar, County Attorney

COUNCIL VOTE:
CC 59

CC 60

Sponsor(s)
Committee Consideration Date
Committee Recommendation
Second Reading
Public Hearing
Third Reading
Effective Date

:
:
:
:
:
:
:

I ______________________________,
Council Clerk, certify that this
Ordinance was advertised for Public
Hearing on ______.

ORDINANCE NO.
COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
(To Amend Chapter 16 Parks and Recreation, Section 2 Rules and Regulations of the Aiken County Code of
Ordinances.)
WHEREAS:
1.

The Aiken County Parks & Recreation Department has requested that the Parks and Recreation
Commission make changes to Chapter 16 Parks and Recreation, Section 2 Rules and Regulations of the
Aiken County Code of Ordinances to better facilitate the future needs of the County parks; and

2.

The Parks and Recreation Commission, members in attendance at its meeting on April 13th, 2026,
approved the requested changes.

NOW THEREFORE BE IT ENACTED BY THE AIKEN COUNTY COUNCIL THAT:
1.

County Council hereby approves the following changes to Chapter 16 Parks and Recreation, Section 2
Rules and Regulations:
Chapter 16 - PARKS AND RECREATION

Sec. 16-2. - Rules and regulations.
(b)

The following rules and regulations shall apply to all county parks and facilities:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

Children under six (6) twelve (12) years of age must be accompanied by a responsible older
person (aged 16 or older).
Entrance to the park will be denied to any person under the influence of alcohol or unprescribed
drugs.
Weapons, firearms, air guns, explosives and unauthorized fireworks will not be allowed in the
park.
Skateboards, skates and bicycles must always yield the right-of-way to pedestrians when used in
traffic or pedestrian areas, including walking tracks and trails.
No profanity allowed.
Trash shall be placed in trash cans.
Defacing park property and/or breaking plants and flowers will result in the forfeiture of park
privileges.
No fighting.
No beer, ale, wine, porter, other alcoholic beverage or unprescribed drugs allowed.
No climbing on fences or structures.
No glass containers allowed in any park area.
Collection of money or sale of products on park premises will not be allowed without the
permission of Aiken County.
No vehicles are allowed beyond designated parking areas.
Motorized all-terrain vehicles, including motorcycles, may only be operated in county parks
within designated areas.
No solicitation.

O:\ADMCommon\Work\Word\bas\Adagn\ordinances\Ord Amend PRT rules and regulations.doc

CC 61

16.
17.
18.
19.
18.
19.20.
20.21.
21.
22.

No fishing or hunting or trappingexcept where allowed.
No golf allowed in any county park, unless the park or a portion thereof has been designed and/or
designated for the playing of golf..
Dogs must be on a leash no longer than six (6) feet.
Patrons must immediately dispose of waste left by their pets.
All radio music volumes must be kept at a normal listening level.
No musicradios shall be played after 10:30 9:00p.m.
Patrons must immediately dispose of waste left by their pets.
The following parks shall be open from sunrise to sunset: Lollar Park, Spider Web Park, Spann
Hammond Park, Belvedere Annex, L:ynnwood Park, Gloverville Park, Ernest Weaver pPark,
A.L. Brodie Park, Salley Sardis Park, White Pond Community Center, and Thomas Park.
i. All other parks shall be open from sunrise until 119:00 p.m., unless there is a scheduled
activity in progress.
ii. Overnight camping may only take place in designated areas and with prior written
approval of the Aiken County PRT Department.

23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
(c)

Overnight camping may only take place in designated areas and with prior approval of the Aiken
County Parks and Recreation Department.
No campfires, warming fires, cooking fires or open flames are allowed in county parks, except in
designated areas.
No Loitering.
Any events or gatherings with 75 attendees, inflatables, food vendors, or commercial sales must
be approved through Aiken County Parks and Recreation Department’s event applications; fees
may apply.
All parks have a posted 10mph speed limit. Children and pedestrian traffic, please use caution.
The use of any tobacco product, electronic smoking device, or similar device is prohibited within
all parks, facilities, and properties owned or operated by the County.
All boating must comply with all South Carolina boating laws.
All fishing must comply with South Carolina fishing laws.

Cleaning, gutting, filleting, or otherwise preparing fish is prohibited within all parks and
facilities owned or operated by the County.
Disposal of fish remains, waste, or byproducts within park property is prohibited.

These additional rules apply to specific parks or facilities:
Aiken County Tennis and Basketball Court Rules
1. No hard-soled shoes--tennis shoes only.
2. No glass inside the court area.
3. Observe the rights of others.
4. Lights out at 9:00 p.m.
5. Hanging on rims, nets, or backboards is prohibited.
6. Courts shall be used on a first-come, first-served basis unless reserved.
7. Organized practices, games, or leagues must reserve courts through Aiken County Parks and
Recreation Department.
Aiken County Ballfield Rules
No spectators allowed on the playing field.
No concession stands allowed other than those authorized by Aiken County or its designee.
No steel cleats allowed.
Athletic fields shall be open for public use; however, scheduled or rental activities shall have priority
use; rental fees apply.
5. Once a game begins officials/umpires have full control over the field/game. They have the final
decision on calls, decisions, ejections, etc.
1.
2.
3.
4.

O:\ADMCommon\Work\Word\bas\Adagn\ordinances\Ord Amend PRT rules and regulations.doc

CC 62

Aiken County Playground Rules
1. No glass containers.
2. Equipment shall not be used for purposes other than intended by the manufacturer (i.e., no standing on
slides or swings).
3. No jumping from heights.
4. All children under six (6) twelve (12) years of age must be accompanied by a responsible older person
(aged 16 or older).
Aiken County Pool Rules
No horseplay or running.
Swimming allowed only when lifeguard present.
No glass containers.
No diving.
Langley Pond Rules
1. Waterskiing, Wakeboarding, and all Personal Water Craft (PWC) are not permitted; unless the pond
and swim area are closed to public access during Aiken County sanctioned activities or events.
2.1. Recreational boating shall be limited adhear to “No Wake” zones speeds at all times; these zones will
be located around the boat ramps and swim area. unless the pond and swim area are is closed to
public access during Aiken County sanctioned activities or events.
2. The pond may be closed to all outside crafts during Aiken County sanctioned activities or events.
3. There is possible danger to users of the pond by submerged trees and other objects. The county
assumes no responsibility for damage to property by these objects.
4. Swimming is allowed in designated area only; no jumping or swimming is permitted off of the docks,
piers, or spillway bridge.
5. Swim area is only open after water testing has been performed (Memorial Day through Labor Day).
6. No horseplay or any other behavior that may result in serious injury is allowed.
7. Users of the pond must understand that they do so at their own risk.
8. No fFishing allowed from shorelines; fishing shall be limited to docks, and piers is allowed.and other
designated areas.
1.
2.
3.
4.

1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.

Boyd Pond Rules
Recreational boating shall be limited to “No Wake” speeds at all times.
Users of the pond must understand that they do so at their own risk.
There is possible danger to users of the pond by submerged trees and other objects. The county
assumes no responsibility for damage to property by these objects.
Fishing from shorelines, docks and piers is allowed.
Park Trail Rules
Trails are designated for recreational use, including walking, running, and other activities as
permitted by the County.
No Off-Trail hiking is permitted; all users shall remain on designated trails and follow posted signage
and markings.
Trails shall be used only for their intended and designated purposes.
No motorized vehicles are permitted on trails.
Pets must remain on leash.
Patrons must dispose of pet waste.
Horses are only permitted on Langley Pond Loop.
Horse owners are responsible for waste.

23.
2.

All provisions in other County Ordinances in conflict with this Ordinance are hereby repealed.

3.

If any provision of this Ordinance or the application thereof to any person or circumstances is held
invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be

O:\ADMCommon\Work\Word\bas\Adagn\ordinances\Ord Amend PRT rules and regulations.doc

CC 63

given effect without the invalid provision or application and to this end, the provisions of this Ordinance
are severable.
This Ordinance shall become effective on ____________.
Adopted at the regular meeting of Aiken County Council on ____________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman

REVIEWED BY: ______________________________
Bradley T. Farrar, County Attorney
COUNCIL VOTE:

O:\ADMCommon\Work\Word\bas\Adagn\ordinances\Ord Amend PRT rules and regulations.doc

CC 64

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: County Council
: N/A
: N/A
: N/A
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
Resolution to Appoint Members to Designated Boards, Commissions and Committees with Terms of the
Appointments to Run Concurrent with that of the Appointing Member of Council.
WHEREAS:
1.

County Council adopted Ordinance No. 82-12-49 which established appointments for members of Boards,
Commissions, Authorities, Agencies and Advisory Committees appointed on a district basis by County
Council to expire with the terms of the appointing Councilmember; and

2.

County Council desires to appoint a member to the designated Boards, Commissions and Committees
below.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT Members are hereby
appointed and/or reappointed to the following Boards, Commissions and Committees with terms of office to run
concurrently with the term of the Council Member as follows:
1.

PLANNING COMMISSION:
Vacant

_____________________________________
District 6, Expires December 31, 2028

Vacant

_____________________________________
District 8, Expires December 31, 2028

Adopted at the regular meeting of Aiken County Council on _________________________.
ATTEST:

SIGNED:

Katelyn Gorby, Council Clerk

Gary Bunker, Chairman
COUNCIL VOTE:

CC 65

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: County Council
: N/A
: N/A
: N/A
: June 16, 2026
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Approve the Allocation of Funds for Various Non-Profit Agencies from the FY 2026 Council Contingency Fund.
WHEREAS:
1.

County Council has received many requests for funding from non-profit agencies operating in Aiken
County; and

2.

Council desires to approve certain of these allocations to assist the agencies.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

County Council approves the following allocations from the FY 2026 Council Contingency Fund:
Agency

Amount

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

_______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 66

Contingency Fund Request Pending:
Organization

Dist

Need

CC 67

Cost

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: County Council
: N/A
: N/A
: N/A
: June 16, 2026
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
Resolution Honoring the Life, Service, and Ministry of Reverend Joanne Floyd on Her 85th Birthday.
WHEREAS:
1.

By Reverend Joanne Floyd will celebrate her 85th birthday surrounded by family, friends, fellow church
members, and the community she has faithfully served throughout her life; and

2.

Since moving to Aiken County in February 1970, she has dedicated herself to improving the lives of
others through service, leadership, education, healthcare, and Christian ministry; and

3.

She demonstrated her commitment to the youth of the community by organizing and leading a
neighborhood Bible study for children and teenagers during 1975 and 1976, providing guidance and
spiritual encouragement to young people; and

4.

She served as a member of the Aiken Christian Women's Club and as Chairwoman of the Decoration
Committee, helping to foster fellowship and community engagement through various programs and
events; and

5.

She devoted fourteen years to serving patients and families as a nurse at Aiken Regional Hospital,
beginning on the Medical Unit and concluding her career on the Cardiac Unit before retirement,
exemplifying compassion, professionalism, and care; and

6.

Her faithful service at Bethlehem Baptist Church has spanned decades and includes leadership as a
Sunday School teacher, Gospel Chorus member, Vacation Bible School Director for fifteen years, founder
of the church's Deaconess Ministry, and Deaconess President for fifteen years; and

7.

As Director of Christian Education, she established a tutoring program serving students from elementary
through high school, helping to strengthen educational opportunities and encourage academic success
among local youth; and

8.

She authored Church Etiquette, directed numerous church programs and celebrations, and provided
leadership for special events that enriched the spiritual life of her congregation; and

9.

She was licensed to preach in 2001 and ordained in 2007, and continues to faithfully serve through
weekly prayer ministry and by proclaiming the Gospel whenever called upon; and

10.

Her life stands as an example of faith, service, compassion, leadership, and devotion to God, family,
church, and community, leaving a lasting impact on generations of Aiken County residents.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

County Council hereby recognizes and celebrates Reverend Joanne Floyd on the occasion of her 85th
Birthday, and expresses its sincere appreciation for her lifetime of service and dedication to the citizens of
Aiken County.

CC 68

BE IT FURTHER RESOLVED THAT THE AIKEN COUNTY COUNCIL:
1.

Joins the congregation of Bethlehem Baptist Church, her family, and countless friends in honoring her
remarkable legacy and extending best wishes for continued health, happiness, and God's abundant
blessings in the years ahead.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 69

Sponsor(s)
: County Council
Committee Referral
: N/A
Committee Consideration Date : N/A
Committee Recommendation : N/A
Effective Date
: June 16, 2026
RESOLUTION NO.
COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
WHEREAS:

To Enter into an Employee Contract with Brian Sanders as Aiken County Administrator.

1.

By virtue of an Employment Contract dated June 9, 2023, Brian Sanders has served as Aiken County
Administrator since July 21, 2023; and

2.

Prior to the end of the Contract term County Council would like to extend Administrator Sanders’ term,
and Mr. Sanders is willing to continue to serve as Aiken County Administrator under the terms of a new
Employment Contract as negotiated with the County;

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
The Council Chairman is authorized to execute an Employment Agreement between Aiken
County and Brian Sanders for the purpose of Mr. Sanders continued employment as Aiken
County Administrator.
Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

_____________________________
Katelyn Gorby, Council Clerk

_________________________________
Gary Bunker, Chairman

IMPACT STATEMENT:

Cost savings in not advertising for position.
COUNCIL VOTE:

CC 70

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Approve the Procurement of Back-up parts for AB-1 Jet-Mix at the Aiken County
Wastewater Treatment Plant.
WHEREAS:
1.

The Aiken County Wastewater Treatment Plant (ACWWTP) Operates 24/7 as one of the largest industrial
wastewater plants in the Southeastern United States; and

2.

The ACWWTP is currently in the start-up phase of a $20 million multi-year process improvements project;
and

3.

This new project introduces new pumps, motor, and drives into the industrial wastewater treatment process;
and

4.

ACWWTP has recently started acquiring back-up versions of specially-made equipment in the event of
catastrophic wastewater treatment failures; and

5.

This manufacture Clearwater, Inc whom is on Sole Source, has provided a quote for specialized replacement
parts, at a cost of $64,279.44 including tax; and

6.

It is the recommendation of the Aiken County Wastewater Treatment Plant that County Council approves
the procurement of back-up parts for the AB-1 Jet-Mix.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

Aiken County Council approve the purchase of the back-up parts from Clearwater, Inc for the Aiken County
Wastewater Treatment Plant at a cost of $64,279.44 including tax.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

IMPACT STATEMENT: Funds for AB-1 Jet-Mix back-up parts are budgeted in Aiken County Horse Creek
Wastewater Treatment Plant FY26 Budget (404).
COUNCIL VOTE:

CC 71

CC 72

CC 73

Quote
PO Box 1469 Hickory, NC 28603
Phone: (828) 855-3182 Fax: (828) 855-3183
www.clearwaterinc.net

Phone

Item

20262538

Email

Prepared By

Terms

Lead Time

[email protected]

Ryan Hammer

Net 30

24 Weeks

Description
Jet Mixing- Replacement for S/N 10000003 Type:
S3.45.A200.760.8.66L.S.371.G.EX.D.611.Z
Grundfos 88888888 S3.45.A200.760.8.66L.S.371.G.Ex.
D.611.Z
SC 8% Sales Tax

Pricing does not include freight

REMIT
TO:

5/18/2026

Aiken County
Public Service Authority
70 PSA Road HWY 125 S
Beech Island, SC 29842

Aiken County, SC
1930 University Pkwy
Aiken, SC 29801
**EMAIL INVOICES**
[email protected]

20262538-A

Estimate #

Ship To

Name / Address

Requestor

Date

Hickory Office:
PO Box 1469
Hickory, NC 28603
(828) 855-3182

Qty

Cost Each

1

Total
Richmond Office:
502 Research Road
N. Chesterfield, VA 23236
(804) 378-3550

Sell Total

59,518.00

59,518.00T

8.00%

4,761.44

$64,279.44

Quote Valid for 30 days.
A 3% fee will be added for credit card fees.
Freight is prepaid and added unless quoted.

This quote does not include any surcharges for future tariffs that may be imposed by our vendor at time of shipment.

CC 74

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Approve the Procurement of One Used Deck Crane for the Wastewater Treatment Plant.
WHEREAS:
1.

The Aiken County Wastewater Treatment Plant (ACWWTP) operates a 20 million gallon per day activated
sludge treatment facility that provides wholesale wastewater treatment services to customers in Aiken,
Edgefield, and Saluda Counties; and

2.

ACWWTP utilizes a large commercial deck crane to reach necessary repairs, hoist prohibitively expensive
and heavy specialized pumps and motors, and many other uses; and

3.

ACWWTP currently rents a deck crane from United Rentals on a monthly basis and has been renting this
deck crane for some time; and

4.

In order to put an end to ongoing rental costs, ACWWTP has obtained a quote to procure a used 2011
Broderson 15-ton Deck Crane, through United Rentals, whom we have a long-standing relationship with
regarding rentals and repair, for the cost of $76,815.00 to include delivery and tax. This is slightly over 1/3
of the cost of a brand-new deck crane. While United Rentals is on an existing state contract for rental
services, Aiken County would need to utilize them as a sole source vendor for this specific purchase; and

5.

It is the recommendation of the Aiken County Wastewater Treatment Plant that County Council approves
procurement of One (1) used deck crane for repairs.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

Aiken County Council approve the purchase of One (1) used deck crane for the Aiken County Wastewater
Treatment Plant from United Rentals for $76,815.00 including tax and delivery.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

IMPACT STATEMENT: Funds for the used deck crane are budgeted in the FY26 (404) Amended Budget.
COUNCIL VOTE:

CC 75

CC 76

CC 77

SALE QUOTE

Job Site

BRANCH 958
2425 MIKE PADGETT HWY
AUGUSTA GA 30906-2188
706-650-9898

# 261060255
Customer #
Quote Date

HORSE CREEK WTP
70 PSA RD
BEECH ISLAND SC 29842-8839
Office: 803-642-2092 Cell: 803-341-2642
AIKEN COUNTY PURCHASING
1930 UNIVERSITY PKWY
AIKEN SC 29801-0009

Qty
1

: 1251528
: 05/19/26

UR Job Loc
: 70 PSA RD, BEECH ISL
UR Job #
: 14
Customer Job ID:
P.O. #
: QUOTE
Ordered By
: JOSH ADAMS
Written By
: TILLMAN WIDENER
Salesperson
: ALEC WATTS

This is not an invoice
Please do not pay from this document

Equipment #
Price
893435RA
CC: 170-4400
70000.00
CRANE 15 TON INDUSTRIAL
Make: BRODERSON
Model: IC-200-3G
Serial #: 215162200
Model Year: 11
HR OUT:
6383.000

Amount
70000.00

DELIVERY CHARGE
Sub-total:
Tax:
Total:

1125.00
71125.00
5690.00
76815.00

ONSITE CONTACT: JOSH ADAMS
CELL#: 803-341-2226
NASPO BASED CONTRACT
TO SCHEDULE EQUIPMENT FOR PICKUP, CALL 800-UR-RENTS (800-877-3687)
WE ARE AVAILABLE 24/7 TO SUPPLY YOU WITH A CONFIRMATION #
IN ORDER TO CLOSE THIS CONTRACT

Note:

This proposal may be withdrawn if not accepted within 30 days.

WHERE PERMITTED BY LAW, UNITED RENTALS MAY IMPOSE A SURCHARGE OF 2.0% FOR CREDIT CARD PAYMENTS ON CHARGE ACCOUNTS. THIS SURCHARGE IS NOT GREATER
THAN OUR MERCHANT DISCOUNT RATE FOR CREDIT CARD TRANSACTIONS AND IS SUBJECT TO SALES TAX .
THIS IS NOT A SALE AGREEMENT/INVOICE. THE ITEMS LISTED ABOVE ARE SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S SALE
AGREEMENT/INVOICE WHICH ARE AMENDED FROM TIME TO TIME AND POSTED ONLINE AT https://www.unitedrentals.com/legal/sale-agreement AND INCORPORATED HEREIN BY
REFERENCE. A PAPER COPY OF THE SALE AGREEMENT/INVOICE TERMS IS AVAILABLE UPON REQUEST.

CC 78

Page:

1

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Approve the Procurement of Full Belt Press Refurbishment Kit at the Aiken County
Wastewater Treatment Plant.
WHEREAS:
1.

The Aiken County Wastewater Treatment Plant (ACWWTP) Operates 24/7 as one of the largest industrial
wastewater plants in the Southeastern United States; and

2.

These large, industrial Belt Presses remove water from the sludge for processing and is essential to
operation in any capacity; and

3.

The Aiken County Wastewater Treatment Plant currently operates two (2) Belt Presses 24/7; and

4.

Aiken County Wastewater Treatment Plant is in the ongoing processes of maintaining, calibrating, and
operating two (2) Belt Presses for a large volume of usage; and

5.

Specialized parts need to be ordered to refurbish an existing belt press that has not been refurbished in at
least a decade, per the manufacture’s recommendations; and

6.

This manufacturer, Andritz, whom is on Sole Source, has provided a quote for specialized replacement
parts as a refurbishment kit, at a cost of $153,975.60 including estimated taxes; and

7.

The Aiken County Wastewater Treatment Plant staff have evaluated the recommend replacements and
agreed upon the Andritz recommendation; and

8.

It is the recommendation of the Aiken County Wastewater Treatment Plant that County Council approves
the procurement of replacement parts as a refurbishment kit for the Belt Press.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

Aiken County Council approve the purchase of the repair parts from Andritz for the Aiken County
Wastewater Treatment Plant at a cost of $153,975.60 including estimated taxes.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

IMPACT STATEMENT: Funds for this Belt Press refurbishment kit are budgeted in Aiken County Wastewater
Treatment Plant FY26 Budget (404).
COUNCIL VOTE:

CC 79

Sole Source is still applicable Andritz is
only company we can use for service, sales or
training. B. Dawes 10/4/2021

CC 80

QUOTATION
Customer: 126550

Aiken County Public
Service Authority
70 PSA Road, Highway 125 South
Beech Island SC 29842-8839
Contact:
Fax:
Copy to:
Your inquiry:
Our quote no:

+18032784738
Email

Supplier:
Contact:
Phone:
Fax:
E-mail:
Date:

Andritz Separation Inc.
Sarah Toppins
+1 817 419 1747
+18174191947
[email protected]
09/29/2021

Sales
Responsible:

WESTFALL, JOHN

20820443

Ladies and Gentlemen,
We thank you for your inquiry and are pleased to quote as follows:
1.

Scope of supply

For 400374774 Heavy Duty Belt Press
Model: Heavy Duty Belt Press SMX 2,0
Serial number: 9410
Should you choose to place an order, please provide the following information:
1. Shipping Address for Delivery
2. Billing Address for Invoice
3. Shipping Terms: If a specific carrier is preferred, please list as FCA, Origin Collect with preferred carrier.
Otherwise, list as FCA, Origin Prepaid & Add.
4. Reference this Quote #.

Item Product
10 FIELD SERVICE
FLAT RATE

ID No.
S/W* Quantity Unit
100031977
1 EA

Unit Price
2,500.00

Amount
2,500.00

Explanation of Service
Operation and maintenance training
________________________________________
USD
2,500.00

Total Amount
* S = Spare Parts, W = Wear Parts

Page 1 of 5
ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 81

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

Our quote no:

20820443

Technical contact: Larry Conley /Phone: +1 817 239 5688 / [email protected]

Terms and Conditions

2.

Delivery Time:
after receipt of order and any clarifications.

3.

Terms of delivery:
Our terms of delivery are FCA ORIGIN PREPAID AND ADD, according to INCOTERMS 2020.

4.

Terms of Payment:
Within 30 days Due net
(1% default interest per month for delayed payment).

5.

Validity of quotation:
This quotation is valid to 11/30/2021.

Other Terms:
6.

TERMS APPLICABLE
This quotation or acknowledgement and Seller's sale of Products and /or provision of Services described in Buyer's purchase order issued in whole or in part in response to this quotation or in response to which this acknowledgement is issued are expressly
limited to and expressly made conditional on, Buyer's acceptance of the Terms and Conditions of Sale and/or Service listed below, which are the exclusive terms and conditions upon which Andritz Separation Inc. or the applicable Andritz entity supplying the
same ("Seller") will accept a purchase order for the sale of new, used and refurbished products, equipment, parts and/or the provision of services ("Products" and "Services"). These Terms and Conditions of Sale and/or Service control, supersede and replace
any and all other additional and/or different terms and conditions of Buyer, and Seller hereby objects to and rejects all such terms and conditions of Buyer without further notification, except to the extent Seller expressly agrees to such conditions in
writing. Seller's commencement of work under the Purchase Order or Buyer's acceptance of delivery of or payment for any Products or Services covered by this Agreement, in whole or in part, shall be deemed Buyer's agreement to the foregoing. The term "this
Agreement" as used herein means this quotation or acknowledgment or Buyer's purchase order, together with any attachment thereto, any documents expressly incorporated by reference (but excluding any Buyer terms and conditions attached thereto or
incorporated therein by reference), and these Terms and Conditions of Sale and/or Service.

7.

DELIVERY OR PERFORMANCE
Delivery or performance dates are good faith estimates and do not mean that "time is of the essence." Buyer's failure to promptly make advance or interim payments, supply technical information, drawings and approvals will result in a commensurate delay in
delivery or performance. Installation of any Product shall not be Seller's responsibility unless specifically provided for in this Agreement. Upon and after delivery, risk of loss or damage to the Products shall be Buyer's. Delivery of the Products hereunder will be
made on the terms agreed to by the parties as set forth in this Agreement, according to INCOTERMS 2010.

8.

WARRANTY
(a) Products Warranty.
(i) New Equipment Warranty. In the case of the purchase of new equipment the Seller warrants to Buyer that the new equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of
the new equipment to Buyer and shall expire on the earlier to occur of 12 months from initial operation of the new equipment and 18 months from delivery thereof (the "Warranty Period").
(ii) Parts and Used or Reconditioned Machinery or Equipment Warranty. In the case of parts or used or reconditioned machinery or equipment, and unless otherwise indicated, Seller warrants to Buyer that the parts or the used or reconditioned machinery or
equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the parts or the used or reconditioned machinery or equipment to the buyer and shall expire 6 months from
delivery thereof (the "Warranty Period").
(iii) If during the Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seller written notice thereof within 10 days of such discovery, Seller will, at its option, either deliver to Buyer, on the same terms as the original delivery
was made, according to INCOTERMS 2010, a replacement part or repair the defect in place. Any repair or replacement part furnished pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from
completion of such repair or replacement, with no further extension. Seller will have no warranty obligations for the Products under this Paragraph 3(a): (i) if the Products have not been stored, installed, operated and maintained in accordance with generally
approved industry practice and with Seller's specific written instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10
day notice; (iv) if the Products are repaired by someone other than Seller or have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or
are considered expendable; or (vi) for expenses incurred for work in connection with the removal of the defective articles and reinstallation following repair or replacement.
(b) Services Warranty. Seller warrants to Buyer that the Services performed will be free from defects in workmanship and will conform to any mutually agreed upon specifications. If any failure to meet this warranty appears within 12 months from the date of
completion of the Services, on the condition that Seller be promptly notified in writing thereof, Seller as its sole obligation for breach of this warranty will correct the failure by re-performing any defective portion of the Services furnished. Seller does not warrant the
accuracy of, or performance results of, any conclusions or recommendations provided, nor that any desired objective will result from the Service provided and Seller shall not be liable for any loss of use or any production losses whatsoever.
c)

Seller further warrants to Buyer that at delivery, the Products manufactured by it will be free of any liens or encumbrances. If there are any such liens or encumbrances, Seller will cause them to be discharged promptly after notification from Buyer of their

existence.
(d) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE

Page 2 of 5
ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 82

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

Our quote no:

20820443

ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(e) The remedies provided in Paragraphs 3(a), 3(b) and 3(c) are Buyer's exclusive remedy for breach of warranty.
(f) With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product or part which are capable of being so passed on.

9.

LIMITATION OF LIABILITY
Notwithstanding any other provision in this Agreement, the following limitations of liability shall apply:
(a)

In no event, whether based on contract, tort (including negligence), strict liability or otherwise, shall Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies be liable for loss of profits, revenue or business opportunity, loss by

reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for performing the functions performed by the Products, loss of future contracts, claims of customers, cost of money or loss of use of capital, in each
case whether or not foreseeable, or for any indirect, special, incidental or consequential damages of any nature resulting from, arising out of or connected with the Products, Services, or this Agreement or from the performance or breach hereof.
(b)

The aggregate liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, for all claims of any kind for any loss, damage, or expense resulting from, arising out of or connected with the Products, Services or

this Agreement or from the performance or breach hereof, together with the cost of performing make good obligations to pass performance tests, if applicable, shall in no event exceed the contract price.
(c)

The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply whether the claim of liability is based on contract, warranty, tort (including negligence), strict

liability, indemnity, or otherwise. The remedies provided in this Agreement are Buyer's exclusive remedies.
(d)

All liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, resulting from, arising out of or connected with the Products, Services or this Agreement or from the performance or breach hereof shall terminate

on the third anniversary of the date of this Agreement.
(e)

In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of goods serviced (unless such discovery or repair is normally discoverable by tests expressly

specified in the scope of work under this Agreement) or caused by the use of goods by the Buyer against the advice of Seller. If Seller furnishes Buyer with advice or assistance concerning any products or systems that is not required pursuant to this Agreement,
the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise.

10 .

CHANGES, DELETIONS AND EXTRA WORK
Seller will not make changes in the Products unless Buyer and Seller have executed a written Change Order for such change.

Buyer, without invalidating this Agreement, may make changes by altering, adding to or deducting from the general scope of

the Services by written Change Order. Any such Change Order will include an appropriate adjustment to the contract price and delivery schedule. If the change impairs Seller's ability to satisfy any of its obligations to Buyer, the Change Order will include
appropriate modifications to this Agreement. Seller shall be entitled to a Change Order adjusting the contract price, delivery schedule and/or any affected obligations of Seller if after the date of this Agreement a change in applicable law should require a change
in the Products or Services or in the event and to the extent that an act or omission of Buyer, or any error or change in Buyer-provided information, affects the Seller's performance hereunder.

11 .

TAXES
Seller's prices do not include any sales, use, excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other tax applicable to the sale or use of the Products or Services shall be billed to and paid by
Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant taxing authorities.

12 .

SECURITY INTEREST
Seller shall retain a purchase money security interest and Buyer hereby grants Seller a lien upon and security interest in the Products until all payments hereunder have been made in full. Buyer acknowledges that Seller may file a financing statement or
comparable document as required by applicable law and may take all other action it deems reasonably necessary to perfect and maintain such security interest in Seller and to protect Seller's interest in the Products.

13 .

SET OFF
Neither Buyer nor any of its affiliates shall have any right to set off claims against Seller or any of its affiliates for amounts owed under this Agreement or otherwise.

14 .

PATENTS
Unless the Products or any part thereof are designed to Buyer's specifications and provided the Product or any part thereof is not used in any manner other than as specified or approved by Seller in writing, (i) Seller shall defend against claims made in a suit or
proceeding brought against Buyer by an unaffiliated third party that any Product infringes a device claim of a United States or Canadian patent issued as of the effective date of this Agreement and limited to the field of the specific Products provided under this
Agreement; provided Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense of such claims; (ii) Seller shall satisfy any judgment (after all appeals) for damages entered against Buyer on such claims so
long as such damages are not attributable to willful conduct or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using any Product or a part thereof, then Seller will, at its option: (a) obtain for Buyer the right to continue using such Product
or part; (b) eliminate the infringement by replacing or modifying all or part of the Products; or (c) take back such Product or part and refund to Buyer all payments on the purchase price that Seller has received for such Product or part. The foregoing states Seller's
entire liability for patent infringement by any Product or part thereof.

15 .

SOFTWARE LICENSE, WARRANTY, FEES
The following Software Terms and Conditions apply to any embedded or separately packaged software produced by Seller and furnished by Seller hereunder:
(a)

Seller hereby grants to Buyer a non-exclusive, non-transferable, non-sub-licensable license to the Software, and any modifications made by Seller thereto only in connection with configuration of the Products and operating system for which the

Software is ordered hereunder, and for the end-use purpose stated in the related Seller operating documentation. Buyer agrees that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, except Buyer may create
a single copy for backup or archival purposes in accordance with the related Seller operating documentation (the "Copy"). Buyer's license to use the Software and the Copy of such Software shall terminate upon any breach of this Agreement by Buyer. All
copies of the Software, including the Copy, are the property of Seller, and all copies for which the license is terminated shall be returned to Seller with written confirmation after termination.
(b)

Seller warrants that, on the date of shipment of the Software or the Products containing the Software to Buyer: (1) the Software media contain a true and correct copy of the Software and are free from material defects; (2) Seller has the right to grant the

license hereunder; and (3) the Software will function substantially in accordance with the related Seller operating documentation.
(c)

If within 12 months from the date of delivery of the Software or Products containing the Software, Buyer discovers that the Software is not as warranted above and notifies Seller in writing prior to the end of such 12 month period, and if Seller determines that

it cannot or will not correct the nonconformity, Buyer's and Buyer's Seller-authorized transferee's exclusive remedies, at Seller's option, are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of a pro rata share of the
contract price or license fee paid.
(d)

If any infringement claims are made against Buyer arising out of Buyer's use of the Software in a manner specified by Seller, Seller shall: (i) defend against any claim in a suit or proceeding brought by an unaffiliated third party against Buyer that the

Software violates a registered copyright or a confidentiality agreement to which Seller was a party, provided that Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense and settlement of such claims
(including the sole authority to select counsel and remove the Software or stop accused infringing usage); (ii) Seller shall satisfy a final judgment (after all appeals) for damages entered against Buyer for such claims, so long as such damages are not attributable
to willful conduct or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using the Software, Seller may at its option: (a) obtain for Buyer the right to continue using such Software; (b) eliminate the infringement by replacing or modifying the
Software, or (c) take back such Software and refund to Buyer all payments on the purchase price that Seller has received.

However, Seller's obligations under this Paragraph shall not apply to the extent that the claim or adverse final judgment relates to:

(1) Buyer's running of the Software after being notified to discontinue; (2) non-Seller software, products, data or processes; (3) Buyer's alteration of the Software; (4) Buyer's distribution of the Software to, or its use for the benefit of, any third party; or (5) Buyer's
acquisition of confidential information (a) through improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a third party who owed to the party asserting the claim a duty to maintain the secrecy or limit
the use of the confidential information. Buyer will reimburse Seller for any costs or damages that result from actions 1 to 5. In Seller's discretion and at Seller's own expense, with regard to any actual or perceived infringement claim related to the Software,
Seller may: (i) procure the right to use the Software, (ii) replace the Software with a functional equivalent, an/or (iii) modify the Software. Under (ii) and (iii) above, Buyer shall immediately stop use of the allegedly infringing Software.
(e)

This warranty set forth in subparagraph (c) above shall only apply when: (1) the Software is not modified by anyone other than Seller or its agents authorized in writing; (2) there is no modification in the Products in which the Software is installed by anyone

other than Seller or its agents authorized in writing; (3) the Products are in good operating order and installed in a suitable operating environment; (4) the nonconformity is not caused by Buyer or a third party; (5) Buyer promptly notifies Seller in writing, within the
period of time set forth in subparagraph (c) above, of the nonconformity; and (6) all fees for the Software due to Seller have been timely paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.

16 .

(f)

Buyer and its successors are limited to the remedies specified in this Paragraph.

(g)

Any subsequent modifications or enhancements to the Software made by Seller are, at Seller's option, subject to a fee.

SITE RISKS
(a)

Concealed Conditions. The parties acknowledge and agree that increased costs or schedule extensions due to any concealed conditions at the job site shall be to Buyer's account. Buyer shall hold Seller harmless for increased costs and grant any

necessary schedule extensions if any concealed or hazardous conditions are found.
(b)

Environmental Remediation.

Buyer acknowledges that Seller is not an expert in environmental remediation and shall not be directed by change order or otherwise to perform any environmental remediation as part of the Services, including but not

limited to asbestos and lead paint removal. If any environmental remediation becomes necessary, Buyer will contract directly with a qualified third party to perform such work.

Page 3 of 5
ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 83

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

Our quote no:
17 .

20820443

TERMINATION
(a) Buyer may terminate this Agreement upon breach by Seller of a material obligation hereunder and Seller's failure to cure, or to commence a cure of, such breach within a reasonable period of time (but not less than 30 days) following written receipt of notice of
the same from Buyer.
(b) Buyer may only terminate this Agreement for Buyer's convenience upon written notice to Seller and upon payment to Seller of Seller's termination charges, which shall be specified to Buyer and shall take into account among other things expenses (direct and
indirect) incurred and commitments already made by Seller and an appropriate profit; provided, that in no event shall Seller's termination charges be less than 25% of the contract price.
(c) Seller shall have the right to suspend and/or terminate its obligations under this Agreement if payment is not received within 30 days of due date. In the event of the bankruptcy or insolvency of Buyer or in the event of any bankruptcy or insolvency proceeding
brought by or against Buyer, Seller shall be entitled to terminate any order outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its cancellation charges.

18 .

CONFIDENTIALITY
Buyer acknowledges that the information that Seller submits to Buyer in connection with this Agreement and the performance hereof includes Seller's confidential and proprietary information, both of a technical and commercial nature. Buyer agrees not to
disclose such information to third parties without Seller's prior written consent. Seller grants to Buyer a non- exclusive, royalty-free, perpetual, non-transferrable license to use Seller's confidential and proprietary information for the purpose of the installation,
operation, maintenance and repair of the Products that are the subject hereof only. Buyer further agrees not to, and not to permit any third party to, analyze, measure the properties of, or otherwise reverse engineer the Products, fabricate the Products or any
parts thereof from Seller's drawings or to use the drawings other than in connection with this Agreement. Buyer will defend and indemnify Seller from any claim, suit or liability based on personal injury (including death) or property damage related to any Product
or part thereof which is fabricated by a third party without Seller's prior written consent and from and against related costs, charges and expenses (including attorneys' fees). All copies of Seller's confidential and proprietary information shall remain Seller's
property and may be reclaimed by Seller at any time in the event Buyer is in breach of its obligations under this Paragraph.

19 .

END USER
If Buyer is not the end user of the Products sold hereunder (the "End User"), then Buyer will use its best efforts to obtain the End User's written consent to be bound to Seller by the provisions hereof. If Buyer does not obtain such End User's consent, Buyer shall
defend and indemnify Seller and Seller's agents, employees, subcontractors and suppliers from any action, liability, cost, loss, or expense for which Seller would not have been liable or from which Seller would have been indemnified if Buyer had obtained
such End User's consent.

20 .

FORCE MAJEURE
(a)

Force Majeure Defined. For the purpose of this Agreement "Force Majeure" will mean all events, whether or not foreseeable, beyond the reasonable control of either party which affect the performance of this Agreement, including, without limitation, acts of

God, acts or advisories of governmental or quasi-governmental authorities, laws or regulations, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, insurrections, riots, epidemics, pandemics, outbreaks of infectious disease or other
threats to public health, lightning, earthquakes, fires, storms, severe weather, floods, sabotage, delays in transportation, rejection of main forgings and castings, lack of available shipping by land, sea or air, lack of dock lighterage or loading or unloading
facilities, inability to obtain labor or materials from usual sources, serious accidents involving the work of suppliers or sub-suppliers, thefts and explosions.
(b)

Suspension of Obligations. If either Buyer or Seller is unable to carry out its obligations under this Agreement due to Force Majeure, other than the obligation to make payments due hereunder, and the party affected promptly notifies the other of such delay,

then all obligations that are affected by Force Majeure will be suspended or reduced for the period of Force Majeure and for such additional time as is required to resume the performance of its obligations, and the delivery schedule will be adjusted to
account for the delay.
(c)

Option to Terminate. If the period of suspension or reduction of operations will extend for more than four (4) consecutive months or periods of suspension or reduction total more than 6 months in any 12 month period, then either Buyer or Seller may

terminate this Agreement.
(d)

Strikes On-Site. Notwithstanding anything herein to the contrary, in the event a strike, lockout, labor, union or other industrial disturbance at Buyer's site affects, delays, disrupts or prevents Seller's performance of this Agreement, Seller shall be entitled to a

Change Order containing an appropriate adjustment in the contract price and delivery schedule.

21 .

INDEMNIFICATION AND INSURANCE
(a)

Indemnification. Seller agrees to defend and indemnify Buyer from and against any third-party claim for bodily injury or damage to tangible property ("Loss") arising in connection with the Products or the Services provided by Seller hereunder, but only to

the extent such Loss has been caused by the negligence, willful misconduct or other legal fault ("Fault") of Seller. Buyer shall promptly tender the defense of any such third-party claim to Seller. Seller shall be entitled to control the defense and resolution of such
claim, provided that Buyer shall be entitled to be represented in the matter by counsel of its choosing at Buyer's sole expense. Where such Loss results from the Fault of both Seller and Buyer or a third party, then Seller's defense and indemnity obligation shall be
limited to the proportion of the Loss that Seller's Fault bears to the total Fault.
(b)

Insurance. Seller shall maintain commercial general liability insurance with limits of $2,000,000 per occurrence and in the aggregate covering claims for bodily injury (including death) and physical property damage arising out of the Products or Services.

Seller shall also provide workers' compensation insurance or the like as required by the laws of the jurisdiction where the Services will be performed, and owned and non-owned auto liability insurance with limits of $1,000,000 combined single limit.

Seller

will provide a Certificate of Insurance certifying the existence of such coverages upon request.

22 .

GENERAL
(a)

Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable federal, state and local laws applicable to their manufacture and in accordance with Seller's engineering standards. Seller shall

not be liable for failure of the Products to comply with any other specifications, standards, laws or regulations.
(b)

This Agreement shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party without the written consent of the other party

shall be void.
(c)

This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Products, Services and any prior

course of dealings or usage of the trade not expressly incorporated herein.
(d)

This Agreement may be modified, supplemented or amended only by a writing signed by an authorized representative of Seller. Seller's waiver of any breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller or failure

by Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof.
(e)

All terms of this Agreement which by their nature should apply after the cancellation, completion or termination of this Agreement shall survive and remain fully enforceable after any cancellation, completion or termination hereof.

(f) (i) If Seller's office is located in the United States, this Agreement and the performance hereof will be governed by and construed according to the laws of the State of Georgia.(ii) If Seller's office is located in Canada, this Agreement and the performance
hereof will be governed by and construed according to the laws of the Province of New Brunswick..
(g) (i) In the circumstances of f(i) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant hereto, shall be definitively settled by arbitration, to the exclusion of
courts of law, administered by the American Arbitration Association ("AAA") in accordance with its Construction Industry Arbitration Rules in force at the time this Agreement is signed and to which the parties declare they will adhere (the "AAA Rules"), and
judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Atlanta, Georgia by
a panel of three members, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and will be appointed by mutual agreement of the two party appointed arbitrators. All arbitrators must be persons who
are not employees, agents, or former employees or agents of either party. In the event of failure of the two party appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third
arbitrator will be appointed by the AAA in accordance with the AAA Rules. In the event that either of

Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator,

will be appointed by the AAA in accordance with the AAA Rules. (ii) In the circumstances of f(ii) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant hereto, shall be
definitively settled under the auspices of the Canadian Commercial Arbitration Centre ("CCAC"), by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time the Agreement is
signed and to which the parties declare they will adhere (the "CCAC Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over
any of such party's assets. The arbitration shall be conducted in Saint John, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbitral tribunal and
will be appointed by mutual agreement of the two party-appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party-appointed arbitrators to
agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules. In the event that either of Buyer or Seller fails to appoint an
arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the CCAC in accordance with the CCAC Rules.
(h) In the event this Agreement pertains to the sale of any goods outside the United States or Canada, the parties agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement.
(i)The parties hereto have required that this Agreement be drawn up in English. Les parties aux présentes ont exigé que la présente convention soit rédigée en anglais.

Please do not hesitate to contact us if you require further information.

Yours sincerely
Page 4 of 5
ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 84

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

Our quote no:

20820443

Andritz Separation Inc.

Page 5 of 5
ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 85

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

QUOTATION
Supplier:
Contact:
Phone:
Fax:
E-mail:
Date:

Customer: 126550

Aiken County, South Carolina
Public Service Authority
70 PSA Road
Highway 125 South
BEECH ISLAND SC 29842-8839
Contact:
Fax:
Copy to:
Your inquiry:

PAUL FOURNIER
+18032799196

Our quote no:

21288428

Sales
Responsible:

Andritz Separation Inc.
Sarah J Toppins
+1 817 419 1747
[email protected]
03/06/2026
MR. CRAIG TODD

Email

Dear PAUL FOURNIER,
We thank you for your inquiry and are pleased to quote as follows:
1.

Scope of supply

For 400374775 Heavy Duty Belt Press
Model: Heavy Duty Belt Press SMX 2,0
Serial number: 9411
Should you choose to place an order, please provide the following information:
1. Shipping Address for Delivery
2. Billing Address for Invoice
3. Shipping Terms: If a specific carrier is preferred, please list as FCA, Origin Collect with preferred carrier.
Otherwise, list as FCA, Origin Prepaid & Add.
4. Reference this quote number.
Freight is excluded.
Products will be ready to ship in 14 weeks from receipt of approved purchase order.
**ANDRITZ HAS A $250 USD MINIMUM ORDER AMOUNT**
Please note currency is in US Dollars
Andritz Inc Standard Terms & Conditions apply
Returned goods require pre approval and are subject to restocking and inspection fees.

Item Product

ID No.

S/W* Quantity Unit

Unit Price

Amount
Page 1 of *

ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 86

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

Our quote no:

21288428

Item Product
ID No.
S/W* Quantity Unit
Unit Price
Amount
10 ROLLER COATING RILSAN,
131422810
2 PC
15,403.30
30,806.60
12INCH S-ROLL, SAF BEARING
2.2M LP8, EG8
20 ROLL/BEARING ASSEMBLY
301380909
1 PC
21,233.64
21,233.64
DRIVE ROLL, BUNA COATED,
30 ROLLER COATING RILSAN,
131422808
1 PC
18,940.70
18,940.70
14INCH S-ROLL, SAF BEARING
2.2M LP8, EG8
40 ROLLER COATING S-ROLL
131468401
1 PC
23,824.92
23,824.92
RILSAN 2.2M X 18" DIA.
50 ROLLER COATING RILSAN,
131422797
1 PC
14,537.36
14,537.36
BREAST ROLL 2.2M EG8
60 ROLLER COATING , 10"
300015462
1 PC
14,567.60
14,567.60
RILSAN S-ROLL, SAF BRGS
EG8
70 BEARING PACKAGE
132902913
7 PC
1,332.81
9,329.67
BEARINGS TO BE INSTALLED AT ANDRITZ
PITTSBURG FACILITY
80 BEARING PACKAGE
132902914
7 PC
1,332.81
9,329.67
BEARINGS TO BE INSTALLED AT ANDRITZ
PITTSBURG FACILITY
________________________________________
Items total
142,570.16
Total Amount
USD
142,570.16
* S = Spare Parts, W = Wear Parts

Technical contact: Larry Conley /Phone: +1 817 239 5688 / [email protected]

Terms and Conditions

Delivery address:
Aiken County, South Carolina
Public Service Authority
70 PSA Road
Highway 125 South
BEECH ISLAND SC 29842-8839

Invoice address:
Aiken County, South Carolina
Procurement Department
1930 University Parkway
Room 3201
AIKEN SC 29801-0009

Page 2 of *
ANDRITZ Separation Inc.
1010 Commercial Blvd. South
Arlington, TX 76001 USA
Tel : +1 (817) 465-5611
Fax: +1 (817) 468-3961

Remit to:
ANDRITZ Separation Inc.
Dept: 0312
P.O. Box 120312
Dallas, TX 75312-0312
Federal Tax ID Number: 59-3773483

CC 87

Wire instructions:
Nordea Bank Abp
New York Branch
SWIFT: NDEAUS3N
Account: 8879433001
ABA: 026010786

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Approve the Procurement of a Full Rebuild for One (1) Vertical Turbine Pump at PS3 at the Aiken County
Wastewater Treatment Plant.
WHEREAS:
1.

The Aiken County Wastewater Treatment Plant (ACWWTP) Operates 24/7 as one of the largest industrial
wastewater plants in the Southeastern United States; and

2.

Proprietary, large Vertical Turbine pumps move water from the carousels to the secondary clarifiers through
Pump Station 3 and are essential to operation in any capacity; and

3.

The Aiken County Wastewater Treatment Plant currently operates four (4) vertical turbines in an alternating
order 24/7; and

4.

Aiken County Wastewater Treatment Plant is in the ongoing process of maintaining, calibrating, and
operating four (4) Vertical Turbines for a large volume of usage; and

5.

Specialized parts need to be created and installed by the vendor to refurbish an existing vertical turbine, per
the manufacture’s recommendations; and

6.

This manufacturer, Heyward, whom is on Sole Source, has provided a quote for a full pump rebuild, at a
cost of $70,486.51 including tax; and

7.

The Aiken County Wastewater Treatment Plant staff have evaluated the recommend replacements and
agree upon Heyward’s recommendation; and

8.

It is the recommendation of the Aiken County Wastewater Treatment Plant that County Council approves
the procurement of a vertical turbine pump rebuild from Heyward.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

Aiken County Council approve the purchase of the repair from Heyward for the Aiken County Wastewater
Treatment Plant at a cost of $70,486.51 including tax.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

IMPACT STATEMENT: Funds for this repair are budgeted in Aiken County Wastewater Treatment Plant FY26
Budget (404).
COUNCIL VOTE:

CC 88

Aiken County
Procurement Office
Remembering the Past, Preparing for the Future

JUSTIFICATION FOR
SOLE SOURCE PROCUREMENT
SOLE SOURCE CHECKLIST
SECTION 2-710. Sole Source Procurement
Any request by an agency or department head that procurement be restricted to one potential source shall be accompanied by a letter from the using department
signed by the department head stating why no other source will be suitable or acceptable to meet the needs. In such instance, a contract may be awarded for a
property, supply, service, or construction item without competition when the Procurement Director determines in writing that there is only one source for the
required property, supply, service, or construction item or that the proposed award to a single source is a permitted, non-competitive procurement as established
herein. After verification of a sole source vendor, or the justification of a sole source purchase is warranted , the Procurement Director, has the authority to negotiate
the price, terms, and conditions of the procurement. An example of a permissible, non-competitive procurement includes, but is not limited to where the
Procurement Director and the Department Head have deemed the compatibility of equipment, accessories, services, systems, and software or replacement parts is of
paramount importance. The purchase will be approved as in section 2-705(k).

ACPSA
products, parts and/or service

Patterson Pump

Department( _ _ _ _ _ _ _ _ _ _ _ _ ) Proposes to Procure: (1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Heyward Services, Inc #4677

As a Sole Source Procurement from (2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

On the basis of:

Heyward is the proprietary representative for the municipal/industrial

(3) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

water and wastewater market of South and North Carolina/ In addition this brand/model pump is
in design and proven and were original equipment installed at the plant. Replacement fits piping
and mounts currently in place.
8/8/2023
DATE

NOTES:

Tammy Campbell
Department Representative

Signature:

Authorized By:

(1) Enter description of goods or services to be procured.
(2) Enter name full legal name of sole source contractor.
(3) Enter the determination and basis for sole source procurement.

The Drug-free Work Place certification must be obtained for sole source procurements greater than $50,000.

Aiken County Procurement Ordinance 2013 rev.

CC 89

ORDER
CONFIRMATION
25203
03/30/26
07/17/26
C10860
122534
Page
1

Sales Order No.:
Sales Order Date:
Ship Date:
Customer No.:
Customer PO #:
Page No.:

BILL TO

SHIP TO

Aiken County, South Carolina
Procurment
1930 University Parkway
Aiken SC 29801-2833
USA
Sales Employee:
Contact Name:
Terms:

Item No.

Ship Via:
FOB:

2

ORDER TOTAL

Horse Creek PCF/Beech Island, SC
70 PSA Road, HWY 125 South
Beech Island SC 29842
USA

S-Jonathan Garrick
Josh Adams
Net 30

of

$ 70,486.51

Best Way / Prepay & Add

No

Cancelled

Description

Qty

Unit Price

Est. Ship

Total

Disassembly and inspection of 24x30 SAFV; SN
AF-C0184744
Parts needed will be quoted after inspection.

1.000

$ 12,332.00

TBD

$ 12,332.00

1.000

$ 52,933.28

Inspection Fee

Any freight and taxes are only an estimate until the order is complete.
Repair Parts and Reassembly for AF-C0184744 24 x 3- SAFV long vertical turbine.
Miscellaneous

Material Material
23004633-1011
04-152495-2035
04-151899-1013
73040310-5100
74051197-0825
74080158-5003
74020405-0825
84002926-5002
74080343-5003
74080260-5003
74080241-5003
79005016-7111
74080372-5003
79005024-7002
79078028-7111
79526077-7112
79526018-7112
23004321-3015
79001004-7112
79009032-7112
79526080-7117
79102028-7112
79527041-7112
79001004-7112
74070032-5032
79009030-7002
79526080-7002
79001006-7112
79007032-7002
79526078-7002

INS/REP C0184744 24X30 SAFV

Description
"LINE SHAFT CPLG 2 3/4"" THREADS RH"
BOWL SHAFT FOR 24SAFV
STUFFING BOX
"PACKING 3/8"" SQ. X 11"" LG.
SEAL CR #26284
O-RING #AS-158-B46
SEAL CR #27541
"1/4"" THK GASKET"
O-RING #AS-343-B46
O-RING #AS-260-B46
O-RING #AS-241-B46
"HHCS 1/2""-13UNCX2""LG"
O-RING #AS-372-B46
"HHCS 1/2""-13UNCX3""LG"
"THR 5/8""-11UNCX3 1/2""LG"
"HHN 5/8""-11UNC"
"FW 5/8"""
"SUCTION BELL BRG FOR 2 5/8"" SHAFT"
"HHCS 1/4""-20UNCX1/2""LG"
"HHCS 1""-8UNCX4""LG"
"HHN 1""-8UNC"
"SHCS 3/8""-16UNCX3 1/2""LG"
"MLW 3/8"""
"HHCS 1/4""-20UNCX1/2""LG"
"SHPC 1 1/4"" NPT *"
"HHCS 1""-8UNCX3 3/4""LG"
"HHN 1""-8UNC"
"HHCS 1/4""-20UNCX3/4""LG"
"HHCS 3/4""-10UNCX4""LG"
"HHN 3/4""-10UNC"

Qty
2.0
1.0
1.0
5.0
1.0
1.0
2.0
2.0
9.0
1.0
1.0
2.0
1.0
4.0
2.0
2.0
2.0
1.0
4.0
12.0
12.0
6.0
6.0
4.0
1.0
12.0
12.0
8.0
20.0
20.0

90 704.583.2305 | Fax: 704.583.2900 | www.heyward.net
2101-A Cambridge Beltway Dr. | Charlotte, NC 28273 |CC
Phone:

$ 52,933.28

ORDER
CONFIRMATION
Sales Order No.:
Sales Order Date:
Ship Date:
Customer No.:
Customer PO #:
Page No.:

Item No.

Description

79007032-7002 "HHCS 3/4""-10UNCX4""LG"
79526078-7002 "HHN 3/4""-10UNC"
79007028-7002 "HHCS 3/4""-10UNCX3 1/2""LG
79526078-7002 "HHN 3/4""-10UNC"
79007028-7002 "HHCS 3/4""-10UNCX3 1/2""LG"
79526078-7002 "HHN 3/4""-10UNC"
76000093-0926 HOSE CLAMP - 4.5"" TO 5.5"" DIA"
73458636-0926 "CONDUIT STRAP 3/8"" RMC"
23004323-3015 "INTERMEDIATE BRG FOR 2 3/4"" SHAFT
23006877-1011 "INTERMEDIATE SHAFT 2 3/4"" THREAD RH
23004323-3015 "INTERMEDIATE BRG FOR 2 3/4"" SHAFT
23004325-0149 "INTERM BRG HSG 4"" THREADS RH"
04-162239-3015 "SEAL SPACER RING FOR 2 3/4"" SHAFT"

Qty

Unit Price

25203
03/30/26
07/17/26
C10860
122534
Page
2

Est. Ship

of

Total

20.0
20.0
20.0
20.0
20.0
20.0
30.0
8.0
2.0
5.0
2.0
2.0
1.0

Subtotal

$ 65,265.28

Shipping
Tax
Total Order Value

$ 5,221.23
$ 70,486.51

Order Confirmation Only - Do Not Pay
March 28, 2026
Customer Approval to Proceed
By signing below, Customer acknowledges and approves the revised scope of this Sales Order, which now includes
the repair parts and related assembly/reassembly charges in addition to the original inspection fee.
Customer authorizes Heyward to release the action of reassembly and proceed with the order as outlined in this
Sales Order Confirmation. Customer understands that approval of this revised Sales Order results in additional
charges beyond the original inspection fee, as reflected in the updated order total.
This approval serves as authorization for Heyward to move forward with the repair parts order and release the
reassembly process described herein.
Approved By:

_______________________________

Printed Name: _______________________________
Title:

_______________________________

Company:

_______________________________

Date:

_______________________________

2

PO Number, if applicable: _______________________

91 704.583.2305 | Fax: 704.583.2900 | www.heyward.net
2101-A Cambridge Beltway Dr. | Charlotte, NC 28273 |CC
Phone:

Sponsor
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Napier
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Assign the Official Road Name of Pineda Dr PD-2227 (Private Drive) to Existing Un-Named Private Roads in
County Council District 6.
WHEREAS:
1.

GeoServices has requested that the official name Pineda Dr PD-2227 be assigned to a road in Council
District 6 which is currently unnamed on the County Official Road Map; and

2.

As required by Aiken County Code Section 19-30, proposed road name notices were placed on the
unnamed road for a minimum of two (2) weeks; and

3.

No objections to the proposed name for the Private Drive was received; and

4.

Planning Commission does not review names for Private Drives; and

5.

Aiken County Code Section 19-30 prescribes certain procedures for naming existing roads by means of
the erection of County Road signs as authorized by action of County Council.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

The official name is hereby assigned to the following Private Drive(s):

Road Name
Pineda Dr

Road No.
PD-2227

Map-Grids
179 D-2 &
179 E-2

District
6

Councilmember
Napier

2.

The GeoServices Division is directed to request the Public Works Department to erect the appropriate
road signs for the above road and to advise the Councilmember representing the district and 911
Addressing staff when the sign has been erected.

3.

The GeoServices Division is directed to amend the Official Road Atlas of Aiken County and its indices
accordingly to reflect the official naming of said road and to advise the appropriate U.S. Post Office
accordingly.

Adopted at the regular meeting of Aiken County Council on ____________________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 92

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__________________________________
Aiken County 779
IT/GeoServices

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Paw Paw Patch

NOTE: The road(s) indicated hereon is (are) NOT OFFICIALLY NAMED, until such time
Proposed
Road
Name
796 Paw
Paw
Patch
as the Aiken County Council or Planning Commission approves the road name(s).
1. Pineda Dr PD-2227

ay
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Sponsor
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Napier
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Assign the Official Road Name of Quantum Cir PD-2228 (Private Drive) to Existing Un-Named Private
Roads in County Council District 6.
WHEREAS:
1.

GeoServices has requested that the official name Quantum Cir PD-2228 be assigned to a road in Council
District 6 which is currently unnamed on the County Official Road Map; and

2.

As required by Aiken County Code Section 19-30, proposed road name notices were placed on the
unnamed road for a minimum of two (2) weeks; and

3.

No objections to the proposed name for the Private Drive was received; and

4.

Planning Commission does not review names for Private Drives; and

5.

Aiken County Code Section 19-30 prescribes certain procedures for naming existing roads by means of
the erection of County Road signs as authorized by action of County Council.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

The official name is hereby assigned to the following Private Drive(s):

Road Name
Quantum Cir

Road No.
PD-2228

Map-Grids
5 F-5

District
6

Councilmember
Napier

2.

The GeoServices Division is directed to request the Public Works Department to erect the appropriate
road signs for the above road and to advise the Councilmember representing the district and 911
Addressing staff when the sign has been erected.

3.

The GeoServices Division is directed to amend the Official Road Atlas of Aiken County and its indices
accordingly to reflect the official naming of said road and to advise the appropriate U.S. Post Office
accordingly.

Adopted at the regular meeting of Aiken County Council on ____________________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 94

1180

EDGEFIELD COUNTY
AIKEN COUNTY

NOTE: The road(s) indicated hereon is (are)
NOT OFFICIALLY NAMED, until such time
491
as the Aiken County Council or Planning Commission
Ce approves the road name(s).

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Aiken County IT/GeoServices
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Sponsor
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Kellems
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Assign the Official Road Name of Scattered Poppy Ln PD-2229 (Private Drive) to Existing Un-Named Private
Roads in County Council District 2.
WHEREAS:
1.

GeoServices has requested that the official name Scattered Poppy Ln PD-2229 be assigned to a road in
Council District 2 which is currently unnamed on the County Official Road Map; and

2.

As required by Aiken County Code Section 19-30, proposed road name notices were placed on the
unnamed road for a minimum of two (2) weeks; and

3.

No objections to the proposed name for the Private Drive was received; and

4.

Planning Commission does not review names for Private Drives; and

5.

Aiken County Code Section 19-30 prescribes certain procedures for naming existing roads by means of
the erection of County Road signs as authorized by action of County Council.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

The official name is hereby assigned to the following Private Drive(s):

Road Name
Scattered Poppy Ln

Road No.
PD-2229

Map-Grids
96 C-6

District
2

Councilmember
Kellems

2.

The GeoServices Division is directed to request the Public Works Department to erect the appropriate
road signs for the above road and to advise the Councilmember representing the district and 911
Addressing staff when the sign has been erected.

3.

The GeoServices Division is directed to amend the Official Road Atlas of Aiken County and its indices
accordingly to reflect the official naming of said road and to advise the appropriate U.S. Post Office
accordingly.

Adopted at the regular meeting of Aiken County Council on ____________________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 96

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Aiken County IT/GeoServices
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NOTE: The road(s) indicated hereon is (are) NOT OFFICIALLY NAMED, until such time Proposed Road Name
as the Aiken County Council or Planning Commission approves the road name(s).
1. Scattered Poppy Ln PD-2229
Fairway

22
C-

Hi
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ve

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Approve the Procurement of Change Order 1 with Tri-Star Contractors, Inc. for the construction of the new
Horse Creek Transmission Main to the Midland Valley and Church of Nazarene.
WHEREAS:
1. The Aiken County Wastewater Treatment Plant (ACWWTP) operates a 20 million gallon per day activated
sludge treatment facility that provides wholesale wastewater treatment services to customers in Aiken,
Edgefield, and Saluda Counties; and
2. In October 2023, Aiken County Council designated $800,000 of ARPA funds to design and construct a
sewer line to connect the Midland Valley and Church of Nazarene to the ACWWTP; and
3. Benesch was chosen as the design engineering firm in December 2024; and
4. Since the initial estimate, costs and necessary scope increase have occurred. In December of 2024, the
construction bid was awarded to Tri-Star Contractors, Inc at a cost of $1,267,645; and
5. The cost of construction has now increased again, to a proposed change order of $273,433, bringing the
new construction total to $1,541,078; and
6. It is the recommendation of the Director of the Aiken County Public Service Authority that County
Council approves to enter into change order 1 with Tri-Star Contractors, Inc. to provide additional
construction funds for the Midland Valley and Nazarene Sewer Line.
NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1. Aiken County Council is authorized to enter into the contract titled Change Order 1 with Tri-Star
Contractors, Inc. for construction funds related to the new Midland Valley/Nazarene Sewer Line for
$273,433.
Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

IMPACT STATEMENT: Funds of $273,433 will be drawn from the Amended PSA FY26 Budget.
COUNCIL VOTE:

CC 98

TRI-STAR CONTRACTORS, INC
587 CHERRY AVENUE
NORTH AUGUSTA, SC 29841
803.637.5157

TO:
JOB:
DATE:
CHANGE
ORDER:

AIKEN COUNTY PSA
HORSE CREEK SEWER CHURCH OF THE NAZARENE
5.27.2026
1

not accep

CC 99

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Award the Contract to, and Authorize the Council Chairman to Enter into an Agreement with, Satterfield
Construction Company of SC, LLC for Bid 26-13-B, Roadway Improvements for Pleasant Oak Drive, Pineland
Terrace, Pine Hill Drive, and Bond Court.
WHEREAS:
1. The solicitation for Bid 26-13-B was advertised in the South Carolina Business Opportunities (SCBO) and
on the Aiken County website on May 4, 2026; and
2. Bids for 26-13-B were received from Five (5) vendors on or before the closing time of 2:00 p.m. on June
2, 2026; and
3. The bid package was forwarded to the Director of Engineering for review and evaluation; and
4. It is the recommendation of the Director of Engineering that the bid be awarded to Satterfield Construction
Company of SC; and
5. The reason for the recommendation is: Lowest responsive and responsible bid.
NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1. The contract in Bid 26-13-B is awarded to Satterfield Construction Company of SC, and the Council
Chairman is authorized to enter into an agreement with Satterfield Construction Company of SC based on
the fact that it was the lowest responsive and responsible bid of the Five (5) bids that were received.
2. Execution of this agreement is contingent upon review and approval of the agreement by the County
Attorney as to form and content.
Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

IMPACT STATEMENT:

Funds available for Bond Court and Pleasant Oak Drive through C-Fund for
$1,196,484.00.
Funds available for Pineland Terrace and Pine Hill Drive through Sales Tax 4 for
$872,585.59.
COUNCIL VOTE:

CC 100

Notice of Intent to Award

June 3, 2026
26-13-B Pleasant Oak, Pineland Terrace,
Pine Hill and Bond Court

Satterfield Construction Co.
Pending County Council Approval
$2,069,069.69

CC 101

CC 102

CC 103

CC 104

CC 105

CC 106

CC 107

CC 108

CC 109

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Administrative Committee
: Administrative Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
Authorizing the Council Chairman to Enter Into an Agreement with Keymark LLC for Continued Use,
Maintenance and Support of Software for Document Management.
WHEREAS:
1.

The County currently uses On-Base software in several departments for document
management\archiving; and

2.

The County has been continuing to migrate from old Alchemy document management\archiving system
to On-Base document management\archiving system; and

3.

On-Base has changed their licensing\maintenance\support model to reflect newer standards and some cost
savings; and

4.

The County wishes to continue using On-Base and needs to sign new agreement for new licensing model.
This new agreement will set fixed pricing for next 5 years and save the extra charges to remain on current
end of life license model; and

5.

Due to the current and continued use of On-Base products by Aiken County and On-Base\Keymark being
on State contract already, IT department recommends execution of agreement for continued use of OnBase product.
NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:

1.

The Council Chairman is authorized to enter into an agreement with Keymark, LLC for a five-year
period.

2.

Execution of this agreement is contingent upon review by the County Attorney as to form and content.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman

IMPACT STATEMENT:

Funding for the upcoming support cycle 2026-2027 is already budgeted in IT & PSA
budgets. Total cost for all 5 years $ 216,313.30.
COUNCIL VOTE:

CC 110

KEYMARK ORDER FORM
KeyMark Reference Number: OPPKM13400
Parties
Customer Name ("Customer")
Aiken County, SC
KeyMark Entity Name ("KeyMark" or “Company”) KeyMark
Customer Information
Billing Details
Shipping Details
Name: Aiken County, SC – Procurement
Name: Aiken County, SC – Procurement
Bill To Address
Ship To Address
1930 University Pkwy, Aiken SC 29801
1930 University Pkwy, Aiken SC 29801
Order Details
Sales Representative
Term Length in Months: 60
Name: Jake Wanner
Pricing Expiration Date: June 26th, 2026
Email: [email protected]
Quote Reference:
Phone: (864) 640-5681

This Order Form is part of and incorporated into the South Carolina State Term Contract 4400032429,
between the State Fiscal Accountability Authority Division of Procurement Services and Company (the
“Underlying Agreement”), is subject to the terms and conditions of the Underlying Agreement and any
definitions contained therein, and documents the provision and delivery of items listed on the Order Form.
Customer is permitted to purchase from Company pursuant to the Underlying Agreement, and Customer
agrees that the person signing this Order Form on your behalf is duly authorized to enter this Agreement.
The effective date of this Order Form will be the date this Order Form is executed by the last party to
execute (the “Effective Date” of the Order Form).
Product and Services Purchase Description
Product Name
OnBase Named Essential License – Per User
OnBase Concurrent Essential License – Per License
Hyland Cloud Update Service
KeyMark Support – Platinum

Quantity
35
19
1
1

Product and Services Fee
Item

Unit Cost

Quantity

Annual Cost

Year One
OnBase Software Subscription

$ 35,944.78

1

$ 35,944.78

KeyMark Support – Platinum

$ 2,428.42

1

$ 2,428.42

CC 111

Total Year One Annual Fees

$ 38,373.20

OnBase Software Subscription

$ 38,101.47

1

$ 38,101.47

KeyMark Support – Platinum

$ 2,574.13

1

$ 2,574.13

Year Two

Total Year Two Annual Fees

$ 40,675.59

OnBase Software Subscription

$ 40,387.55

1

$ 40,387.55

KeyMark Support – Platinum

$ 2,728.57

1

$ 2,728.57

Year Three

Total Year Three Annual Fees

$ 43,116.13

OnBase Software Subscription

$ 42,810.81

1

$ 42,810.81

KeyMark Support – Platinum

$ 2,892.29

1

$ 2,892.29

Year Four

Total Year Four Annual Fees

$ 45,703.10

OnBase Software Subscription

$ 45,379.46

1

$ 45,379.46

KeyMark Support – Platinum

$ 3,065.82

1

$ 3,065.82

Year Five

Total Year Five Annual Fees

$48,445.28

Total Term Fees

$216,313.30

Unless otherwise agreed by Company, the pricing on this quote is based on the length of time between
the start date and end date stated in the Product and Services Fee description above. Unless the order is
placed within 2 weeks of the start date, the pricing will be prorated accordingly to address a different
start date.
This order form is intended to restructure the licensing and support for OnBase Software and KeyMark
Support. The current licenses will be transferred like for like to the new simplified model offered by
Hyland Software in the structure listed above.

Defined Terms
Capitalized terms used in this Order Form and not defined herein are used herein with the same meaning
given such terms in the Underlying Agreement. The following additional defined terms are added to this
Order Form:

CC 112

"Subscription Fees" means periodic fees payable by Customer to Company that are provided in this Order
Form.
"Subscription Software" means the Software list provided in this Order Form.
“Vendor License Agreement” means the license agreement between Customer and the licensor of the
products listed in this Order Form.
Vendor License Agreement
Customer agrees that it has entered a Vendor License Agreement, and that the Vendor License Agreement
remains in effect, giving Customer the right to use the Subscription Software.
Software Subscription Terms
3.1 Subscription Fees Generally. Company will invoice Customer upon the Effective Date of the Order Form
for the first full one (1) year of the Existing Term plus a pro rata basis, such that the subscription aligns
with the next subsequent renewal of the Existing Term. Such invoice shall be due and payable in
accordance with the Underlying Agreement, and if no payment terms are set forth in the Underlying
Agreement, such invoice shall be due and payable by Customer net thirty (30) days from the date of the
applicable invoice. Customer will be invoiced for Subscription Fees prior to the beginning of each
subsequent renewal period, and such invoices shall be due and payable in accordance with this Section.
3.2 Add-On Subscription Software Subscription Fees. In the event Customer licenses additional
Subscription Software modules during the term of this Order Form, Customer will be invoiced for
Subscription Fees for such additional Subscription Software modules for the first one (1) year term plus a
pro rata basis amount to align the add-on subscription license term with subsequent renewal period upon
acceptance of the purchase order for such additional Subscription Software modules and the term shall
run coterminous with the existing Subscription Software. Such invoice shall be due and payable by
Customer in accordance with the Underlying License Agreement, and if no payment terms are set forth in
the Underlying License Agreement, such invoice shall be due and payable by Customer net thirty (30) days
from the date of the applicable invoice. Thereafter, Subscription Fees relating to such additional
Subscription Software shall be included in the subsequent invoices issued with respect to the existing
licensed Subscription Software.
3.3 Extended Support Fees. Pricing in this Order Form and any exhibits attached hereto does not include
or consider any Vendor Extended Support Fees as extended support consideration is version and vendor
dependent.
Hyland’s
Extended
Support
Fees
policy
can
be
found
here:
https://community.hyland.com/customer-portal/wiki/hyland-support/foundation-softwaremaintenance-and-support-policy/onbase-foundation-support-policy. In the event any of the Subscription
Software becomes governed by the aforementioned policy during the term of this Order Form, then
Customer will be invoiced for the applicable extended support fees, and such invoices will be due and
payable by Customer net thirty (30) days from the date of the invoice.
Permission to Invoice
Customer acknowledges and agrees that, when this Order Form is signed by both parties, Company is
permitted to invoice Customer for the matters described herein.

CC 113

Currency/Taxes
All pricing in this Order Form is in USD and is exclusive of any applicable taxes and government charges. If
applicable, Customer agrees to provide Company with valid tax exemption certificates in advance of the
issuance of any invoice.
Invoicing and Term for Add-On Purchase: Unless otherwise stated in this Order Form with respect to a
specific product or service, the term of the product or service subscription purchased under this Order
Form begins on the Effective Date of this Order Form and will run coterminous with your current
subscription. The fees actually invoiced will be a prorated amount based on the number of months
remaining in your current subscription billing period at the time of the order.
Signature of Parties
This Order Form is only valid and binding when executed by both parties. Each party has executed this
Order Form by its duly authorized representative.
AIKEN COUNTY

KEYMARK, LLC/COMPANY

By:

By:

Print Name

Print Name

Title

Title

Date

Date

CC 114

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Administrative Committee
: Administrative Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Authorize the Council Chairman to Execute an Agreement and the County Treasurer to accept a Payment-inLieu-of-Taxes from the Department of Energy National Nuclear Security Administrator, Savannah River Field
Office for Tax Year 2025.
WHEREAS:
1.

Aiken County (hereinafter called the “County”) has requested that the U.S. Department of Energy,
National Nuclear Security Administration (hereinafter called “DOE”) render financial assistance to the
County in the form of a payment in lieu of taxes on real property acquired for atomic energy purposes;
and

2.

Aiken County has suffered ad valorem tax revenue losses by virtue of the removal from its taxable rolls
certain real property owned by DOE and used for atomic energy purposes; and

3.

DOE is authorized and has agreed to aid the County by making a payment in lieu of taxes for the ad
valorem tax revenue loss in tax year 2025 as a result of DOE’s ownership provided the County will accept
such payment in release of tax claims, if any, it may have against DOE or its management and operations
contractors engaged in the performance of functions of DOE in Aiken County; and

4.

The County is authorized to accept such financial assistance from DOE and to make contracts and execute
instruments containing such terms and conditions as may be necessary for the purpose of obtaining such
financial assistance.

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

The Aiken County Treasurer is hereby authorized to accept from DOE full payment in lieu of taxes for
County tax year 2025 in the sum of $1,620,000. Subject to the availability of funds and in full satisfaction
and release of any claims against DOE or its management and operations contractors by the County on
behalf of itself or any other governmental entity, including the School District, the Treasurer is hereby
authorized to accept said amount for County Tax Year 2025.

BE IT FURTHER RESOLVED THAT:
2.

The Chairman of the Aiken County Council is hereby authorized to execute for and on behalf of Aiken
County the attached DOE Agreement, designated as Intergovernmental Agreement Between the U.S.
Department of Energy National Nuclear Security Administration, Savannah River Field Office and the
County of Aiken, South Carolina for Payment in Lieu of Taxes for Tax Year 2025, which is incorporated
in and made a part of this resolution.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:
CC 115

CC 116

CC 117

CC 118

CC 119

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Administrative Committee
: Administrative Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Extend the Contract with Aiken Regional Medical Centers, Inc. for the Aiken County
Employee Health Program.
WHEREAS:
1.

By Resolution 12-7-145, Aiken County entered into a contract with Aiken Regional Medical Centers, Inc.
to establish the Aiken County Employee Health Program; and

2.

The program expanded in 2023 by adding a Medical Assistant to the contract, which has been an
additional benefit to the employees; and

3.

The program is due for renewal. Last year, Aiken Regional Medical Centers did not agree to the
extension. It is the recommendation of the administration that the County again tries to renew the contract
with Aiken Regional Medical Centers be extended for up to 5 (five) years, if Aiken Regional Medical
Centers agrees; and

NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

County Council authorizes the Council Chairman to execute an extension to the contract with Aiken
Regional Medical Centers for the Employee Health Program up to 5 (five) years, subject to review and
approval of the contract by the County Attorney.

Adopted at the regular meeting of Aiken County Council on __________________________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman

IMPACT STATEMENT:

Funds will be taken from the General Fund.
COUNCIL VOTE:

CC 120

Sponsor(s)
First Reading
Second Reading
Public Hearing On
Public Hearing
Third Reading
Effective Date

: County Council
:
:
:
:
:
:

I, __________________________________
Council Clerk, certify that this
Ordinance was published for a

ORDINANCE NO. 26-__-__
COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY

Establishing the Aiken County Wholesale and Retail Wastewater Services Commission.
WHEREAS:
1.
On March 4, 2026, H. 5321, a Bill to establish the “Horse Creek Regional Public Service
Authority,” with a service territory in Aiken, Edgefield, and Saluda Counties, and to dissolve the “Aiken
County Public Service Authority” and “require all Aiken County Public Service Authority documents,
assets, and liabilities to be transferred to the Horse Creek Regional Public Service Authority” (the “Bill”)
was introduced in the South Carolina House of Representatives; and
2.
The “Aiken County Public Service Authority” referred to in Section 2 of the Bill as having been
“established by Act 542 (1973)…,” is not the Public Service Authority that was created by the governing
body of Aiken County as a department of the Aiken County Government;; and
3.
In 1976, Act 542 of 1973, upon which H. 5321 is premised, was judicially declared
unconstitutional special legislation in violation of Article VIII, Section 7, “Organization, powers, and
duties of counties; special laws prohibited,” of the South Carolina Constitution (see Murphree v. Mottel,
267 S.C. 80, 226 S.E.2d 36 (1976); and
4.
By Ordinance No. 88-9-32, the Aiken County Council created the Public Service Authority
(“PSA”) as a department of Aiken County, and not as a separate “body corporate and politic” in the manner
of unconstitutional Act 542 of 1973. The PSA has operated as a Department of Aiken County, under the
supervision and control of the Aiken County Administrator, since 1988; and
5.
Counties in South Carolina may provide wastewater services pursuant to Article VIII, Section 16,
of the South Carolina Constitution, S.C.Code Ann. Section 4-9-30, and S.C.Code Ann. Section 44-551410;
6.
As Act 542 of 1973 was declared unconstitutional in 1976, the Legislative Delegation proposed
to Aiken County an intergovernmental agreement that would have created a “User Advisory Council”
comprised of members appointed by authorities other than Aiken County; and
7.
In accordance with a long line of decisions, an agreement that entails the delegation of a South
Carolina county’s legislative or governmental functions and is intended to bind future county governing
bodies violates South Carolina appellate caselaw. See, e.g., the South Carolina Court of Appeals’ decision
in the case of Town of Sullivan’s Island v. Bluestein, filed February 25, 2026; and
8.
As counties in South Carolina may not bind their future governing bodies by contract to the
delegation, in whole or in part, of a county’s governmental or legislative function, the Legislative
Delegation proposed the creation of an advisory body to be created by Aiken County that would provide
input on wastewater services in Aiken County; and
CC 121

9.
Whereas, Aiken County indicated its willingness to consider the concept of such an advisory body,
provided, however, that any such body a) would only have voting members appointed by the governing
body of Aiken County, and b) would provide input and recommendations on both wholesale and retail
wastewater service providers operating in Aiken County;
NOW THEREFORE BE IT ENACTED BY THE AIKEN COUNTY COUNCIL THAT:
1.
While the South Carolina Constitution and Code of Laws authorize and empower Aiken County
to provide wastewater services without the further approval, guidance, or recommendations of any other
authority, upon request of the Aiken County Legislative Delegation, the County desires to provide its
citizens with an additional opportunity to voice their concerns regarding wholesale and retail wastewater
services provided by any entity operating in Aiken County. Therefore, Aiken County Code of Ordinances,
Chapter 23, “Utilities,” is hereby amended by the addition Article IV, which shall provide as follows:
“ARTICLE 4. – Aiken County Wholesale and Retail Wastewater Services Commission.
Sec. 23-221. – Creation.
There is hereby created the Aiken County Wholesale and Retail Wastewater Services Commission.
Sec. 23-222 – Purpose.
The purpose of the Commission is to provide advisory input to the governing body of Aiken County
regarding any authority in the County that provides wholesale or retail, or both, wastewater services. For
purposes of this Article, “‘wastewater services’ shall mean any activity having to do with collecting,
moving, storing, or treating wastewater from homes, businesses, or other buildings or facilities or sources,
in Aiken County.” The Commission’s recommendations and input are advisory only, and in no event
shall the governing body of Aiken County, the Aiken County Administrator, or any department or official
or employee of Aiken County be bound by any recommendation of the Commission.
Sec. 23-223 – Appointment and Composition; Ex Officio Members.
(a) The Commission shall be comprised of nine (9) voting members, who shall be appointed as follows:
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 1.
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 2.
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 3.
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 4.
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 5.
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 6.
CC 122

One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 7.
One (1) member of the Commission shall be appointed by the Aiken County Council Member who
represents Council District 8.
One (1) member of the Commission shall be appointed by the Chair of the Aiken County Council.
The members shall be residents of Aiken County who receive or are eligible to receive the residential
property tax assessment rate classification set forth in S.C.Code Ann. Section 12-43-220(c)(1). However,
no member shall be required to live in the Council District from which such member is appointed, so long
as such member satisfies or could satisfy the residential property tax assessment rate prescribed in Section
12-43-220(c)(1).
(b) Ex Officio Members. In addition to the voting members prescribed in 23-223(a), there shall be six (6)
ex officio, non-voting members of the Commission as follows:
(1) The Manager of the City of Aiken, or the Aiken City Manager’s designee.
(2) The Administrator of the City of North Augusta, or the City of North Augusta Administrator’s
designee.
(3) One (1) designee of the Valley Public Service Authority.
(4) One (1) designee of Breezy Hill Water.
(5) One (1) Designee of the Edgefield County Water and Sewer Authority.
(6) One (1) Designee of the Saluda County Water and Sewer Authority.
Sec. 23-224. – Terms; Removal.
Each voting member of the Commission shall serve for a term of four (4) years. A member shall serve
until the end of that member’s term, and thereafter until his successor is appointed and seated. Voting
members may be removed by majority vote of the governing body of Aiken County. Ex officio members
shall have no set term. Ex officio members appointed pursuant to Sec. 23-223(b)(2) may be removed by
majority vote of the governing body of Aiken County, with the reason for such removal communicated to
the Aiken Legislative Delegation.
Any member may be removed for cause. “Cause” includes, but is not limited to, any cause for which the
governor may remove a public official from office.
Sec. 23-225 – Chair; Vice Chair; Secretary; Terms.
The voting members of the Commission shall elect a Chair, a Vice Chair, and a Secretary, and those three
(3) shall be the officers of the Commission. The Commission may appoint its officers by any method it
chooses, so long as such method does not violate the laws of the State of South Carolina or the ordinances
of Aiken County. In no event shall an ex officio member hold the office of Chair, Vice Chair, Secretary,
or any other office on the Commission. The terms of the officers of the Commission shall be for one (1)
year.
Sec. 23-226. – Meetings.
CC 123

The Commission may meet as often as a majority of its voting members deems necessary, or as often as
the governing body of Aiken County directs the Commission to meet, but shall hold at least one (1)
meeting per quarter of the County’s fiscal year. The County will provide meeting space for the
Commission.
Sec 23-227. – Quorum. A quorum of the Commission shall consist of five (5) voting Commission
members. Any meeting where a quorum of voting Commission members is present may proceed whether
or not any ex officio members attend such meeting.
Sec. 23-228. – Agenda; Support; Public Input.
No meeting of the Commission, including meetings held solely for the purpose of an executive session,
may be held without a written agenda, which shall be distributed and posted in accordance with the
requirements of the South Carolina Freedom of Information Act.
The Clerk to Council may, but is not required to, assist the Commission in satisfying its meeting notice
requirement. The Commission shall be responsible for determining, drafting, printing, and posting its
meeting agenda, and any backup material that it may need to conduct its business.
Every meeting of the Commission, except those meetings scheduled for which a quorum is not present,
shall include in its agenda an item for taking public input on wholesale or retail rates charged by any entity
in Aiken County. Each speaker during the public input portion of the Commission’s meetings may speak
for up to five (5) minutes. No speaker may “yield” or “cede” his or her time to any other speaker; provided,
however, that the Commission may permit a “group spokesperson” if such spokesperson is likely to reduce
the likelihood of cumulative or repetitive input.
Sec. 23-229. – Executive Sessions. The Commission may hold meetings for any purpose authorized
pursuant to S.C.Code Ann. Section 30-4-70. Ex officio members may attend executive sessions of the
Commission is such inclusion is voted upon as part of the motion to convene in executive session. Ex
officio members invited to participate in an executive session of the Commission may be excused
therefrom by the Commission for any reason or no reason at all. Ex officio members may not make any
motions, including a motion to recognize a quorum, to meet in executive session, to adjourn a meeting of
the Commission, or for any other purpose. In no event shall the Aiken County Attorney, or any legal
counsel retained or paid for by Aiken County, provide legal advise to ex officio members of the
Commission. Sec. 23-230. – Recommendations.
Absent direction to the contrary, the voting members of the Commission shall send a written report of any
recommendation it has regarding wholesale or retail wastewater services by any entity providing
wastewater services in Aiken County, as soon after its meeting from which such recommendation is made.
Sec. 23-230. – Requests for Records and Information.
The Commission may submit requests to any public body as permitted under the South Carolina Freedom
of Information Act. The Commission may not compel the production of any record, other than as provided
for under the Freedom of Information Act, and may not compel the appearance of any witness, for or to
its meetings or activities. The Commission shall not have the power to hold anyone in contempt.
Sec. 23-231. – Budget; Expenses.
Membership on and participation in the Commission is purely voluntary. The Commission shall have no
budget that encumbers or pledges any Aiken County taxpayer funds.

CC 124

Sec. 23-232. – Resolution No. 26-03-49.
Nothing in this article shall repeal the requirements of prescriptions of Resolution No. 26-03-49, or prevent
the County Attorney from pursuing the direction given to him therein.”
Adopted at the regular meeting of Aiken County Council on ______________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Council Chairman

2.
Severability. If any provision of this Ordinance shall be declared by a court of competent
jurisdiction to be invalid, those portions of the Ordinance that remain shall be in full force and effect.
This Ordinance shall become effective on ____________________, and shall automatically expire one (1)
year thereafter, without the need for further action by County Council.
Adopted at the regular meeting of Aiken County Council on ______________________.
ATTEST:

SIGNED:

______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman

COUNCIL VOTE:
REVIEWED BY: ______________________________
County Attorney

CC 125

Sponsor(s)
Committee Referral
Committee Consideration Date
Committee Recommendation
Effective Date

: Development Committee
: Development Committee
: June 16, 2026
:
:
RESOLUTION NO.

COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
To Encourage Central Electric Power Company, Inc., to Solicit Public Input on the Siting of Power Transmission
Lines in the New Ellenton and Windsor Communities in Aiken County.
WHEREAS:
1.

The Constitution of the State of South Carolina and the Code of Laws of South Carolina grant broad rights
and powers to utility providers; and

2.

Included in those rights is the authority to condemn property, a power that under most circumstances is
reserved solely for popularly-elected federal, State and local governments; and

3.

Title 58, Chapter 27, of the Code of Laws of South Carolina, 1976, as amended, authorizes electrical utility
providers to “[a]cquire rights-of-way for the construction, maintenance, and operation of lines…and the right
also…to acquire fee simple title or an easement in land by a condemnation action, for the construction of
electric generating plants, substations, switching stations, and impounding of waters to be used in conjunction
with electric generating plants”; and

4.

Oversight of electrical utility providers in this State has been given by law to the State of South Carolina,
including the South Carolina Public Service Commission and the South Carolina Office of Regulatory Staff;
and

5.

In 2023, Central Electric Power Company, Inc. (CEPCI) announced a proposed 115K Volt transmission line
project between the New Ellenton and Windsor substations; and

6.

The potential new project would involve construction of transmission lines that would impact hundreds of
private property owners in the New Ellenton and Windsor communities, likely entailing expensive and lengthy
condemnation actions and challenge actions pursuant to S.C.Code Ann. Section 28-2-470, which provides in
part:
An action challenging a condemnor's right to condemn must be commenced in
separate proceedings filed in the court of common pleas in the county in which the
property or a portion thereof is located. The action must be commenced within thirty
days after service of the Condemnation Notice upon the landowner. All proceedings
under the Condemnation Notice are automatically stayed until the disposition of the
action, if any, unless the landowner and the condemnor consent otherwise; and

7.

Following concerns from members of the Aiken County Legislative Delegation and Aiken Electric
Cooperative regarding CEPCI’s 2023 proposed route, and a request to use rights-of-way and easements
already of record or obtained for the provision of electrical power service, CEPCI committed to consider
other routes to maximize these rights-of-way and easements; and

8.

“Co-locating,” or taking advantage of transmission routes already obtained or available as of record,
promotes the conservation of resources, the preservation of undisturbed property and property rights, and is
highly encouraged by industry and private landowners; and

9.

While various South Carolina electrical utilities’ laws and regulations describe public input and comment
opportunities, there are numerous exemptions, caveats, and special circumstances where public input and
125a

comment is not required, thereby setting forth a spirit of taking into account public opinion, while the letter
of the law undermines that spirit in many places.
NOW THEREFORE BE IT RESOLVED BY THE AIKEN COUNTY COUNCIL THAT:
1.

Aiken County encourages Central Electric Power Company to take advantage of the benefits of co-locating
or using already-acquired rights-of-way and easements for any transmission lines project it may be
considering in Aiken County.

2.

The County also requests that Central Electric Power Company consider public input and provide
opportunities for such input, to include public meetings with those in the communities that may be impacted
by its projects, regardless of whether or not there is a statutory requirement for it to receive public input or
comment.

3.

Lastly, the County requests that Central Electric Power Company, and all of those governmental and nongovernmental entities that have been authorized by the State of South Carolina to condemn property, do so
responsibly and only after considering all alternatives to condemnation, to include locating their lines,
facilities, or infrastructure along or within rights-of-way or easements of record rather than pursuing new
routes that are not essential to the provision of utility services.

Adopted at the regular meeting of Aiken County Council on June 16, 2026.
ATTEST:

SIGNED:

_____________________________
Katelyn Gorby, Council Clerk

_________________________________
Gary Bunker, Chairman

IMPACT STATEMENT:

None.
COUNCIL VOTE:

125b

AIKEN COUNTY COUNCIL

CONTINGENCY FUND FY2026
STATUS REPORT AS OF June 2, 2026
FY 2026 APPROPRIATIONS
Resolution #
Allocations
25-07-104 American Legion Auxiliary- Unit 71
Aiken Symphony
Aiken Regulators Baseball

BALANCE OF CONTINGENCY FUND TO DATE: $3,150.00
District #
3
7
At-Large (100), 1 (200), 3 (100), 5 (100), 6 (100), 7 (200), 8
(200)

Request
Back to school donation drive
Annual sponsorship/ magazine ad
Team fundraiser

$45,000
($100.00)
($350.00)
($1,000.00)

25-08-118

Belvedere Girls Softball
Aiken County Historical Society
Town of Jackson
North Augusta Rotary Club
Aiken Lions Club
Warrenville Railroad Heritage
Jacksonville Community Commission

5
4 & 5 ($500 each)
At-Large (250) & 2 (750)
4 & 5 (500 each)
7
6
3 & 6 (500 each)

Program funding support
Palmetto Lodge Historical Marker
Hook & Cook Festival
Scholarship Program
Golf Tournament fundraiser
Beautification of historical marker
Community festival sponsorship

($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($200.00)
($1,000.00)
($1,000.00)

25-09-136

Midland Valley High School Baseball
Aiken County Veterans Council

3
At-Large (200), 1 (300), 4,5,6 (100 ea), 8 (200)

Baseball program sponsorship banner
JROCT Chairmans Cup event

($200.00)
($1,000.00)

25-10-158

South Aiken High School
American Legion LBC Post 153
Wagener Bulldawgs
Zubly Cemetery Association
Beech Island Historical Society
Midland Valley Lions Club
Nicholson Village
Bel-Ridge Baptist Church

7
1
2 (500), 3 (500)
At-Large (500), 3 (500)
3 (500), 4 (250)

Cheer Team- Competition expenses
Scholarship Programs
Youth Football Programs

4 (250), 5 (750)

Sponsor Community event

($500.00)
($1,000.00)
($300.00)
($1,000.00)
($1,000.00)
($750.00)
($500.00)
($1,000.00)

25-11-173

Breezy Hill Baptist Church
Valley Empty Stocking Fund
North Augusta Lions Club
Children's Place
March of Dimes
Better World Art Studio
Working for Christ Ministries
HCMV Veterans Park

At-Large (200), 2 (250), 3 (200), 4 (100), 5 (100), 7 (125), 8
(25)
At-Large (200), 3 (100), 5 (100), 6 (150), 7 (150), 8 (300)
4 & 5 (500 each)
1 (200) & 2 (250)
2
6 & 8 (500 each)
6 (500), 7 (200), 8 (200)
3 & 6 (500 each)

Christmas on Breezy event
Christmas assistance program
Christmas Parade fundraiser
Guardian Angel program
Funding for programming
Annual tree lighting event
Thanksgiving Meal Day event
Beautification Projects

($1,000.00)
($1,000.00)
($1,000.00)
($450.00)
($250.00)
($1,000.00)
($900.00)
($1,000.00)

25-12-192

Wagener Epoch Girls Squad
Silver Bluff Booster Club
Friends of the Aiken Animal Shelter

1 (300), 2 (200), 3 (250), 4 (250)
2
1

Program opportunity trip
Golf tournament fundraiser
Programming needs

($1,000.00)
($300.00)
($200.00)

26-01-02

Wagener VFW Post 6304

1

Program Funding Assistance

($300.00)

26-01-07

Tri-Development Center
Battle of Aiken
American Legion Post 71
Aiken County Roads & Bridges

7
7
4 & 5 ($500 each)
1

Golf Tournament Sponsorship
Battle of Aiken/ Wild West Fest
Palmetto Boys State Funding
Church sign for Salley Methodist

($500.00)
($1,000.00)
($1,000.00)
($175.00)

26-02-18

American Legion Auxiliary Unit 71
GVW Fire Department

4 & 5 ($500 ea)
3 (100), 4 (200), 6 (500), 8 (200)

Palmetto Girls State Program
Graniteville Community Fishing Rodeo

($1,000.00)
($1,000.00)

26-03-30

Aiken County Historical Museum
Friends of the Aiken County Animal Shelter
Jackson Youth Sports

2 (250), At-Large & 7 ($375 ea)
1
2

Opera Under the Stars Fundraising event
FOTUS program funding assistance
Sponsorship for youth sports program

($1,000.00)
($200.00)
($250.00)

26-03-35

Salvation Army of Aiken
Children's Place, Inc.
American Legion Post 212
American Legion Auxiliary

7 (500), 8 (200)
7
At-Large (200), 1 (100), 2 (200)
At-Large (250), 2 (100), 8 (250)

Red Shield Youth Center
Celebrity Waiter Night Event Sponsor
Palmetto Boys State Program
Palmetto Girls State Program

($700.00)
($500.00)
($500.00)
($600.00)

26-04-57

Clean Up Aiken

At-Large (400), 1 (100), 2 (200), 8 (300)

Programs funding assitance

($1,000.00)

26-05-69

North Augusta Beautification Foundation
Silver Bluff High School
Hankinson Boxing Gym
Midland Valley Lions Club

4 (500) & 5 (350)
7
At-Large, 1, 2, 3, 8 (200 ea)
3

Wine walk event
Miss Silver Bluff pageant
National Junior Olympics
Funding assistance

($850.00)
($50.00)
($1,000.00)
($250.00)

26-05-77

Brothers & Sisters of Aiken County
Aiken Chapter of Military Officers Association of America

8
4&8

Summer Youth Camp Sponsor
Sisters in Service Luncheon

($400.00)
($500.00)

26-06-86

Silver Bluff Volunteer Fire Department
Augusta Aiken Audubon
Friends of the Nancy Carson Library
Friends of the Aiken County Library
Working for Christ Ministries
Wagener VFW Post 6304
Friends of the Aiken County Animal Shelter
Delta Sigma Theta Sorority
Alpha Phi Alpha Fraternity
Umoja Village
Child Advocacy Center

Training resources
Programming assistance
Programming funding assistance
Programming funding
Programming assistance
Programming assistance
Programming assistance
Scholarship programs
Scholarship programs
Scholarship programs
Scholarship programs

($1,000.00)
($1,000.00)
($1,000.00)
($1,000.00)
($100.00)
($200.00)
($600.00)
($300.00)
($300.00)
($275.00)
($300.00)

3

8

2
At-Large (700), 2 (300)
At-Large (400), 4 (600)
At-Large
1
1
1 (300), 6 (300)
8
8
8
8

CC 126

Maintenace and cleanup efforts
Programming sponsorship

Programming and funding assistance
Community clean efforts

Contingency Fund By District
Expenditures and Balances as of June 2, 2026
(Each District begins the Fiscal Year with $5000)
District
Spent
Available
Bunker
At-Large
$4,975
$25
Felder
1
$3,175
$1,825
Kellems
2
$5,000
$0
Feagin
3
$5,000
$0
Ball
4
$5,000
$0
Haskell
5
$5,000
$0
Napier
6
$4,150
$850
Siders
7
$4,650
$350
Hightower
8
$4,900
$100
TOTAL
$41,850
$3,150

CC 127