On the agenda: Aiken meeting — data center (Jun 2)

MINUTES
Aiken County Council Work Session
Tuesday, May 19, 2026
6:00 PM
Determining there was a quorum, with all Council Members present, Chairman Bunker called the
meeting to order at 6:00 pm.
1.

Pending Appointment Resolutions (CC p. 7) No appointments made.

2.

Status of Contingency Funds (CC pp. 8-9)
Brothers & Sisters of Aiken County
Military Officers Association

3.

$400
$500

Clarification and Discussion of Agenda Items
Consent Item 12 was removed from the agenda per the Administrative Committee
recommendation for further information and discussion.

4.

Finance/ARPA Reports & HCWWTP Projects Expenditures (attached)
(Lynn Strom, Deputy Administrator)

5.

Calendar Reminder Dates:
 Tuesday, May 5- Regular CC Meeting
 Postponed (Date TBD)- Ascauga Lake Road Corridor Project Public Meeting

6.

Executive Session (if needed)

With there being a need for an executive session, Chairman Bunker asked for a motion to go into
Executive Session. Councilman Siders made a motion, and Councilman Kellems seconded.
Council went into Executive Session at 6:18 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 May 19, 2026
7:00 PM, 9th Meeting of 2026
Council Administrator Form of Government for Aiken County
Council Chambers - 1930 University Parkway, Aiken, SC
A. CALL TO ORDER at 7:06 pm.
Council Members Present:

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

B. INVOCATION – Councilwoman Hightower
C. PLEDGE OF ALLEGIANCE – Councilman Siders
D. APPROVAL OF MINUTES
1. May 5, 2026 Work Session (p. 1)
2. May 5, 2026 Regular Meeting (pp. 2-4)
Councilman Siders made a motion to approve the minutes as presented. Councilman Haskell
seconded the motion. The minutes were approved unanimously.
E. APPROVAL OF AGENDA
Councilman Siders made a motion to approve the agenda with one amendment, to remove consent
item 12. Councilman Feagin seconded the motion. The agenda was approved as amended by a
unanimous vote.
F. AWARDS AND RECOGNITIONS
G. PUBLIC HEARINGS
H. OLD BUSINESS
1. Third Reading of an Ordinance to Amend/Update the Aiken County Comprehensive Plan.
(County Council) (pp. 5-6)
Councilman Ball made a motion to approve and adopt the ordinance on third reading.
Councilman Feagin seconded. The ordinance was adopted 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. 7)
2. Resolution to Approve the Allocation of Funds for Various Non-Profit Agencies from the FY 2026
Council Contingency Fund.
(County Council) (pp. 8-9)

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3. Resolution to Authorizing County Council Chairman to Execute a Waiver of Limited Right of
Repurchase of Property Conveyed to SMRR Investments, LLC, in a Purchase and Sale Agreement
dated January 5, 2024.
(County Council) (pp. 10-11)
4. Resolution Authorizing the County Attorney to Commence a Judicial Action to Determine Certain
Issues with Respect to the Referendum Authorized by Ordinance No. 26-04-16 (Sunday Alcohol Sales).
(County Council) (p. 12)
5. Resolution Committing Aiken County to Enter Into a Fee Agreement With a Company Identified
Under The Code Name “Project Synthesis” and Other Matters Related Thereto.
(Development Committee) (pp. 13-14)
6. Resolution to Change the Official Road Name of Setzer Ln P-262 to Saratoga Springs Ln PD-262 in
County Council District 6
(Development Committee) (pp. 15-16)
7. Resolution to Change the Official Road Name of Pluto Ln P-263 to Turf Club Ln PD-263 in County
Council District 6.
(Development Committee) (pp. 17-18)
8. Resolution to Make an Award of Contracts on Solicitation 26-06-P and Authorize the Council
Chairman to Execute an Agreement with Weinberger’s Business Interiors for Furniture Sales for
the Aiken County Sheriff’s Office Law Enforcement Center.
(Administrative Committee) (pp. 19-24)
9. Resolution to Lease Space in the Government Center to the SC Department of Public Safety.
(Administrative Committee) (pp. 25-40)
10. Resolution to Appoint a Member to the Aiken County Accommodations Tax Advisory Committee.
(Administrative Committee) (pp. 41-42)
11. Resolution to Authorize the Distribution of State Accommodations Tax Funds for FY 2027.
(Administrative Committee) (pp. 43-44)
12. Resolution Authorizing the Council Chairman to Enter Into an Agreement with Keymark LLC for
Continued Use, Maintenance and Support of Software for Document Management.
(Administrative Committee) (Addendum) REMOVED.
J.

INTRODUCTION OF ORDINANCES FOR FIRST READING
1. First 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. 45-51)
2. First 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 a Company Know 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) (Title Only)
Councilman Siders made a motion to approve all Consent Agenda and Introduction of Ordinances
for Firsts Reading items. Councilman Haskell seconded the motion. All items (with the exception of
Consent 12) were approved by a unanimous vote.

K. NEW BUSINESS
L. ITEMS FOR INFORMATION AND THE PUBLIC RECORD
May 19, 2026 Council Meeting • MINUTES - Page 2

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1. Fiscal Year 2026 Aiken County Contingency Report as of May 6, 2026. (pp. 52-53)
M. INFORMAL MEETING OF THE WHOLE
Vicki Simons spoke to Council on her concerns with so many data centers coming to our area.
Multiple citizens still spoke out against their concerns and opposition to the proposed gas power
plant coming to the area.
N. EXECUTIVE SESSION
O. ITEMS REQUIRING ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
P. ADJOURNMENT
With there being a need for an Executive Session, Chairman Bunker asked for a motion to go into
Executive Session. Councilman Siders made a motion, and Councilman Haskell seconded the motion.
Council went into Executive Session at 7:56 pm.
At 8:24 pm, Council came out of Executive Session and adjourned the meeting. 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

May 19, 2026 Council Meeting • MINUTES - Page 3

CC 4

Sponsors
First Reading
Second Reading
Public Hearing
Third Reading
Effective Date

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

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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

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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

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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

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

I, _________________________________,
Council Clerk, certify that this ordinance
was advertised for Public Hearing on 5/16/2026.

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 six (6) 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.
17. No golf allowed in any county park.

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CC 27

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

Aiken County Tennis and Basketball Court Rules
No hard-soled shoes--tennis shoes only.
No glass inside the court area.
Observe the rights of others.
Lights out at 9:00 p.m.

Hanging on rims, nets, or backboards is prohibited.
Courts shall be used on a first-come, first-served basis unless reserved.

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 six (6) years of age must be accompanied by a responsible older person (aged 16 or
older).

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CC 28

1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.
9.
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.

Aiken County Pool Rules
No horseplay or running.
Swimming allowed only when lifeguard present.
No glass containers.
No diving.
Langley Pond Rules
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.
Recreational boating shall be limited to “No Wake” speeds at all times; unless the pond and swim area
are is closed to public access during Aiken County sanctioned activities or events.
The pond may be closed to all outside crafts during Aiken County sanctioned activities or events.
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.
Swimming is allowed in designated area only; no jumping or swimming is permitted off of the docks,
piers, or spillway bridge.
Swim area is only open after water testing has been performed (Memorial Day through Labor Day).
No horseplay or any other behavior that may result in serious injury is allowed.
Users of the pond must understand that they do so at their own risk.
No fishing allowed from shorelines; fishing shall be limited to docks, piers and other designated areas.
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:

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CC 29

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 ____.

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 4-1-175 thereof, Section 4-2968 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. § 12-37220(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

PS 1

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
and

WHEREAS, pursuant to the Park Agreement, the boundaries of the Park include the Project Site;

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”); 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

PS 2

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.
Section 4. 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)

PS 3

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

PS 4

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

TBD

PS 5

EXHIBIT B
Fee Agreement
[Attached]

PS 6

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

PS 7

_________________________
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

PS 8

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

PS 9

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 July 15, 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, 2025 (“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

PS 10

(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

PS 11

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

PS 12

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.

PS 13

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

PS 14

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 _____ 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

PS 15

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

PS 16

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.

PS 17

(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

PS 18

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

PS 19

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.

PS 20

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

PS 21

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.

PS 22

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.

PS 23

(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

PS 24

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

PS 25

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

PS 26

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:

PS 27

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

TBD

PS 28

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:____________________________
____________________________

PS 29

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:____________________________
____________________________

PS 30

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 30

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

: County Council
: N/A
: N/A
: N/A
: June 2, 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

Silver Bluff Volunteer Fire Department

$1,000

Adopted at the regular meeting of Aiken County Council on June 2, 2026.
ATTEST:

SIGNED:

_______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 31

Contingency Fund Request Pending:
Organization

Dist

Need

Cost

Silver Bluff VFD

2

Training resources

$1,000

CC 32

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
A 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.
WHEREAS:
1.

Aiken County supports the success and safety of the Waste Isolation Pilot Plant (WIPP); and

2.

Aiken County recognizes WIPP is the only facility of its kind in the nation and plays a critical role in the
cleanup of Savannah River Site; and

3.

Aiken County has always valued and supported the acceleration of waste shipments from Savannah River
Site, as across the complex; and

4.

Aiken County has accepted the WIPP mission and has played a critical role in the Nation’s environmental
cleanup and our Nation’s Defense; and

5.

The WIPP facility has assisted in the remediation of 22 DOE sites of legacy TRU waste since operations
began; and

6.

Aiken County views the Permit Modification proposed by the New Mexico Environmental Department
(NMED) may directly impact the cleanup of Savannah River Site; and

7.

In the last permit modification at WIPP two (2) years ago Panel 12 at WIPP will be reserved for legacy
TRU-waste from around the country to the extent practicable; and

8.

NEMD’s proposed delay in mining operations in order to maintain Panel 12 for TRU waste from one site
and not all DOE sites is likely cost-prohibitive and a possible safety concern during delays; and

9.

Communities surrounding DOE sites including Aiken County are concerned about the impacts of the
proposed Permit Modification on community, workforce and environmental safety and protection.

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

Public health and environmental protection are paramount to the success of DOE’s cleanup program and
trust between local, state, and federal governments. The safe operation of all DOE facilities is a top
priority for local governments.

2.

The last permit by NMED modified less than two (2) years ago addressed the key issues and prioritized
legacy waste while ensuring that WIPP could operate efficiently. The 2024 permit was touted by NMED
as “successful negotiations” and “a Legacy TRU Waste Disposal Plan” was introduced into the permit to
define the term “legacy waste” and to work with generator/storage sites and stakeholders to accurately
inventory this waste once defined.

CC 33

3.

There is currently enough space at WIPP for allowing all of the waste in the DOE and it would ultimately
be detrimental to the entire EM complex to prioritize waste at Los Alamos which may not be ready to
ship, thereby delaying cleanup at Savannah River Site.

4.

Aiken County encourages NMED to reconsider the necessity and effectiveness of the proposed Permit
Modification.

5.

Aiken County encourages NMED to explore alternative, more effective options to accelerate waste
cleanup at Los Alamos, such as increasing characterization in safe, responsible, and reliable manner and
working with DOE to prioritize preparing Los Alamos TRU shipments.

6.

Aiken County encourages NMED to open discussions with DOE and Savannah River Site to not slow or
stop waste from being shipped to WIPP.

7.

Aiken County encourages NMED to continue to work with local communities, including Los Alamos
County and the City of Carlsbad, under the current permit for WIPP.

Adopted at the regular meeting of Aiken County Council on June 2, 2026.
ATTEST:

SIGNED:

_______________________________
Katelyn Gorby, Council Clerk

________________________________
Gary Bunker, Chairman
COUNCIL VOTE:

CC 34

Sponsor(s)
: Judicial and Public Safety
Committee Referral
: June 2, 2026
Committee Consideration Date : June 2, 2026
Committee Recommendation : Approval
Effective Date
: June 2, 2026
RESOLUTION NO.
COUNCIL ADMINISTRATOR FORM OF GOVERNMENT FOR AIKEN COUNTY
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.
WHEREAS:
1.

The South Carolina Indigent Defense Act (Act No. 108 of 2007) requires each Circuit Public Defender to
enter into an agreement with an Administering County for the administration of funds and operations; and

2.

The Second Judicial Circuit consists of Aiken, Bamberg, and Barnwell Counties; and

3.

S.C.Code of Laws Annotated Section 17-3-560 provides:
Each circuit public defender shall expend the funds received from the counties in
the circuit, the State, and other sources for the general operations of the circuit
defenders office including reimbursement to the administering county for employee
compensation and fringe benefits. Each circuit public defender shall enter into an
agreement with the appropriate county within the judicial circuit to administer the
funds provided pursuant to the provisions of this article and the funds must be
directed to the administering county. The administering county shall account for the
receipt and disbursement of the funds separately from other funds administered by
the county; and

4.

The Public Defender has requested that Aiken County serve as the Administering County for the Second
Judicial Circuit.

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

The Council Chairman is authorized to execute an Agreement between Aiken County and the Second Judicial
Circuit Public Defender substantially in the form as set forth in Exhibit A, attached to and made a part of this
Resolution.

Adopted at the regular meeting of Aiken County Council on June 2, 2026.
ATTEST:

SIGNED:

_____________________________
Katelyn Gorby, Council Clerk

_________________________________
Gary Bunker, Chairman

IMPACT STATEMENT:

None. Fulfills State law requirement.
COUNCIL VOTE:

CC 35

EXHIBIT A
STATE OF SOUTH CAROLINA

)
)
COUNTY OF AIKEN
)
_________________________________)

AGREEMENT
(Between Aiken County and Second
Judicial Circuit Public Defender)

THIS AGREEMENT is made and entered into this ____ day of June, 2026, by and between Aiken County, South
Carolina, a body politic and corporate and a political subdivision of the State of South Carolina (“Aiken County” or
“Administering County”), and the Second Judicial Circuit Public Defender (“Public Defender”).
WHEREAS, Article VIII, Section 13 of the South Carolina Constitution permits counties and political subdivisions
to enter into agreements for the joint administration of governmental functions and sharing of costs; and
WHEREAS, the South Carolina Indigent Defense Act (Act No. 108 of 2007) requires each Circuit Public Defender
to enter into an agreement with an Administering County for the administration of funds and operations; and
WHEREAS, the Second Judicial Circuit consists of Aiken, Bamberg, and Barnwell Counties; and
WHEREAS, the Public Defender has requested that Aiken County to serve as the Administering County, and Aiken
County agrees to serve in that capacity;
NOW, THEREFORE, the parties agree as follows:
1. REIMBURSEMENT OF EXPENSES
The Public Defender shall reimburse Aiken County for all expenses incurred in the administration of the Public
Defender’s Office, including but not limited to:
•

Salaries and wages;

•

Employee benefits;

•

Operational and administrative expenses.

Payments shall be made in accordance with procedures established by Aiken County.
2. EMPLOYMENT STATUS
Pursuant to S.C. Code Ann. § 17-3-540:
•

All employees of the Public Defender shall be employees of Aiken County for administrative purposes, but
shall not be under the operational control of Aiken County;

•

Employees serve at the pleasure of the Circuit Public Defender;

•

The Public Defender retains authority over hiring, supervision, and termination decisions of personnel
assigned to the Public Defender’s Office.

3. EMPLOYMENT PROCEDURES
Aiken County shall:
•

Process employment applications;

•

Conduct background checks and pre-employment screening;
CC 36

•

Administer payroll and benefits.

The Public Defender shall:
•

Select candidates for employment;

•

Supervise all personnel;

•

Determine staffing needs and assignments.

4. EMPLOYEE BENEFITS
All Public Defender employees shall receive:
•

The same benefits as Aiken County employees;

•

Participation in applicable retirement and insurance programs;

•

Leave and compensation consistent with County policies.

5. PROCUREMENT
The Public Defender shall comply with Aiken County procurement policies and procedures for all purchases made
with funds administered by Aiken County, except where otherwise governed by
State law.
6. FINANCIAL POLICIES
The Public Defender shall comply with all Aiken County financial policies, procedures, and ordinances, pertaining
to the use of Aiken County budget funds, except where State law requires different policies or procedures.
7. CONTRACTS
The Public Defender shall retain responsibility for any contracts entered into for indigent defense services.
Aiken County assumes no liability for such contracts unless expressly agreed in writing.
8. RECORDS AND AUDIT
Aiken County shall have the right to inspect and audit with respect to the Second Judicial Circuit Public Defender:
•

Financial records associated with Aiken County budget funds;

•

Payroll records;

•

Inventory and equipment records.

All records shall be made available upon request.
9. COMPLIANCE WITH LAW
Both parties shall comply with all applicable federal, state, and local laws.
10. RESTATEMENT OF LAW
Nothing in this Agreement shall
All referenced laws remain controlling.

alter

or

amend

CC 37

any

statutory

or

regulatory

obligation.

11. AMENDMENTS
This Agreement may only be amended by written agreement signed by both parties.
12. TERM AND TERMINATION
This Agreement shall:
•

Begin on the date of execution;

•

Automatically renew annually, unless terminated as provided for herein;

Either party may terminate:
•

With 90 days’ written notice to the other party of intent to terminate the Agreement, or

•

For cause, upon written notice.

13. SEVERABILITY
If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remaining provisions shall
remain in full force and effect.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
SECOND JUDICIAL CIRCUIT PUBLIC DEFENDER
__________________________
Grant Gibbons
Second Circuit Public Defender

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

CC 38

AIKEN COUNTY COUNCIL

CONTINGENCY FUND FY2026
STATUS REPORT AS OF May 19, 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: $9,225.00
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

8

Programming and funding assistance
Community clean efforts

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)

3

CC 39

Maintenace and cleanup efforts
Programming sponsorship

Contingency Fund By District
Expenditures and Balances as of May 19, 2026
(Each District begins the Fiscal Year with $5000)
District
Spent
Available
Bunker
At-Large
$2,875
$2,125
Felder
1
$2,575
$2,425
Kellems
2
$3,700
$1,300
Feagin
3
$5,000
$0
Ball
4
$4,400
$600
Haskell
5
$5,000
$0
Napier
6
$3,850
$1,150
Siders
7
$4,650
$350
Hightower
8
$3,725
$1,275
TOTAL

$35,775

CC 40

$9,225