The Docket · Government Meeting · DKT-2026-000876

On the agenda: Spartanburg meeting — License Plate Reader (Sep 21)

Name: On the agenda: Spartanburg meeting — License Plate Reader (Sep 21)
Start: 2026-09-21
End: 2026-09-21
Location: Spartanburg, South Carolina

⚠ Agenda Watch Spartanburg, South Carolina · Monday, September 21, 2026 — in 9 days

About this record

The published agenda for this September 21 meeting contains: "License Plate Reader". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenMonday, September 21, 2026
Check the agenda document for the meeting time.

WhereSpartanburg, South Carolina

Money$54,942, on the table

On the record“License Plate Reader”

The agenda, word for word

Government public record — the full text of the published document, archived September 12, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

118 pages · scroll to read

Page 1 of 118

TENTATIVE AGENDA
Spartanburg County Council
Executive Session
Monday, September 21, 2026
3:15 PM
Conference Room Two
County Administrative Office Building

Instructions for accessing the Main Meeting are on the Spartanburg County
website at www.spartanburgcounty.org and at the top of the Main Agenda.
I. Call to Order
Honorable Manning Lynch, Chairman
II. Executive Session
III. Adjourn

MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 2 of 118

Main Agenda
Spartanburg County Council
Monday, September 21, 2026
5:15 PM
County Council Chambers
County Administrative Office Building
Links and instructions for how to access this meeting via computer or mobile device will
be available on the County’s webpage and provided to the local media.

Citizens may access the meeting at the following web address:

https://www.youtube.com/channel/UC7gqyyNDZ0uoyo_g7qCsoCw?view_as=subscriber

I. Call to Order
Honorable Manning Lynch, Chairman
II. Invocation
Chaplain Walter Davis
III. Pledge of Allegiance
IV. Presentations
A. Resolution proclaiming September 15, 2026, through October 15, 2026,
as Hispanic Heritage Month in Spartanburg County.
Accepted by: Representatives of Alianza Spartanburg
V. Approval of Minutes
A. August 11, 2026 – Public Safety Committee (Special Meeting)
B. August 17, 2026 – Regular Meeting
VI. Conduct Public Hearings Pertaining to the Following
Limited to thirty (30) minutes, five (5) minute limit per speaker.
(Public hearing presentations should relate to only those topics
identified below. Presentations relating to other matters may be made
during the Public Comment Period, Agenda Item XV.)
Please be seated when your time has expired.
A. To consider the proposed enactment of an Ordinance authorizing the
delivery by Spartanburg County, South Carolina of a Special Source
Revenue Credit Agreement between the County and Spartanburg
Capital Partners, LLC, an Indiana limited liability company, with
respect to the acquisition, installation and construction of certain land,
improvements, fixtures, machinery, equipment, furnishings and/or

MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 3 of 118

other real and/or tangible personal property related to a multi-use
retail, office and multi-family building located in the County.
B. To consider an Application for Special Public Event Exclusion from the
Noise Ordinance requested by John M. Brown, Nightmare Hollow,
LLC, on Friday – Saturday, September 25, 26, October 2, 3, 9, 10,16,
17, 23, 24, 30, and 31, 2026 from Dusk until 11:30 p.m.; and on
Sunday, October 18 and 25, 2026, from Dusk to 10:30 p.m.; for
Nightmare Hollow Haunted Trail at 3411 Reidville Road, Spartanburg,
SC 29301.
VII. Items Requiring a Vote Following Executive Session
VIII. Receive Information and Take Desired Action Regarding Various Boards
and Committees
A.
B.
C.
D.

Chesnee Community Fire District Commission
Employee Grievance Committee
Health Services District (Hospital Board)
Spartanburg Memorial Auditorium

IX. Economic Recruitment and Development Committee
Honorable Manning Lynch, Chairman
Honorable Jessica Coker, Member
Honorable Jack Mabry, Member
No items scheduled.
X. Personnel and Finance Committee
Honorable Jessica Coker, Chairman
Honorable Jack Mabry, Member
A. Receive information and take desired action in reference to a request for
the reclassification of current position 419, Deputy (sworn), grade 11, to
Supply Technician (civilian), grade 13, within the Spartanburg County
Sheriff's Office.
Presenter(s): Neal Urch, Sheriff’s Office
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation

MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 4 of 118

B. Receive information and take desired action in reference to a request for
the reclassification of a Pharmacy Technician (grade 7) to a Medical
Office Assistant (grade 7) within the Detention Center.
Presenter(s): Katherine White, Medical Administrator
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
C. Receive information and take desired action in reference to a request for
the authorization of a new staff position and the procurement of
consulting services for Probate Court.
Presenter(s): Ponda Caldwell, Probate Judge
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
D. Receive information and take desired action in reference to a request for
the authorization of four (4) new staff positions in the IT Department.
Presenter(s): Tony Bryant, IT Director
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
E. Receive information and take desired action in reference to a
Spartanburg County Employee Handbook revision to add Juneteenth
(June 19) as an observed holiday under section 6.3.
Presenter(s): Cole Alverson, County Administrator
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
F. Receive information and take desired action in reference to a request for
the approval of a policy to govern Grant-in-Aid reporting requirements.
Presenter(s): Cole Alverson, County Administrator
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
G. Receive updated financial data and personnel vacancy reports.
MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 5 of 118

XI. Livability Committee
Honorable Paul Abbott, Chairman
Honorable Monier Abusaft, Member
Honorable Grant DeShields, Member
A. Receive Parks Department Activities Update.
XII. Public Safety and Judiciary Committee
Honorable Monier Abusaft, Chairman
Honorable Grant DeShields, Member
Honorable Paul Abbott, Member
A. Receive information and take desired action in reference to an Ordinance
limiting the use of Automatic License Plate Readers, to provide who
may use an Automatic License Plate Reader System, to provide how
information obtained through the system may be used, and to provide a
penalty for violations of this Ordinance.
Presenter(s): TBD
Committee Action Requested: Render First Reading of
Ordinance
Council Action Requested: Consider Committee
Recommendation
B. Receive information and take desired action in reference to a request
authorizing the Commission of Tor Ellstrom as a Code Enforcement
Officer with the Spartanburg County Environmental Enforcement
Department.
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
C. Receive information and take desired action in reference to a request
authorizing the Commission of Luke Torres as a Code Enforcement
Officer with Spartanburg County Animal Control.
Committee Action Requested: Approve Request
Council Action Requested: Consider Committee
Recommendation
D. Receive information and take desired action in reference to an
Ordinance amending Chapter 82 of the Spartanburg County Code
MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 6 of 118

of Ordinances entitled “Vehicles for Hire”, including amendments to
the regulations applicable to the wrecker service rotation list used by the
Sheriff’s Office, the special operating requirements for wrecker services
operating in the unincorporated area of Spartanburg County, and the
regulations applicable to nonconsensual towing from private property.
Presenter(s): TBD
Committee Action Requested: Render First Reading of
Ordinance
Council Action Requested: Consider Committee
Recommendation
E. Receive information regarding the activities of Building Codes, Pet
Resource Center, and Environmental Enforcement Departments.
XIII. Land Use Committee
Honorable Grant DeShields, Chairman
Honorable Manning Lynch, Member
A. Receive Planning Department Reports on Development Activity.
XIV. Public Works, Buildings and Grounds Committee
Honorable Jack Mabry, Chairman
Honorable Jessica Coker, Member
Honorable Manning Lynch, Member
A. Capital Penny Update
Presenter(s): Cole Alverson, County Administrator
B. Receive information regarding activities of Public Works Department.
XV. Public Comment Period
Limited to three (3) minutes per speaker, thirty (30) minutes in total for all
speakers. Council does not respond to comments during the public comment
period but may choose to respond during “Council’s Response to Public
Comments”. Please be seated when your time has expired.
XVI. Council’s Response to Public Comments
XVII. Old Business

MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 7 of 118

A. Render third reading to an Ordinance imposing a Moratorium on the
acceptance, processing or approval of development applications for
data centers and all other land use or development approvals for data
centers.
B. Render third reading to an Ordinance to amend the agreement for
development of a Joint County Industrial Park by and between
Spartanburg County and Cherokee County, South Carolina, so as to
remove property in Spartanburg County as part of the Joint County
Industrial Park, and other matters relating thereto.
C. Render third reading to an Ordinance to authorize and approve an
agreement for the development of a Joint Industrial and Business Park
(Joint Government Building Park) by and between Spartanburg
County and Cherokee county, to authorize the execution and delivery
of an Intergovernmental Agreement (Joint Government Building Park)
with the City Of Spartanburg; and other matters related thereto.
D. Render third reading to an Ordinance authorizing the execution and
delivery of a Special Source Credit Agreement by and between
Spartanburg County, South Carolina and Spartanburg Capital
Partners, LLC, with respect to certain economic development property
in the County, whereby such property will receive certain special source
credits; and other matters related thereto.
E. Render third reading to an Ordinance providing for a Second
Amendment of Ordinance No. O-15-22 pertaining to distribution of
fee in lieu of tax revenues generated by certain Joint County Industrial
and Business Parks. (Waterfall Ordinance)
F. Render third reading to an Ordinance amending Sections 30-32 and
30-35 of the Spartanburg County Noise Ordinance to apply a
warning requirement for violations of Section 30-29 and provide that
violations of the noise ordinance are civil infractions.
XVIII. New Business
A. Consider an Application for Special Public Event Exclusion from the
Noise Ordinance requested by John M. Brown, Nightmare Hollow,
LLC, on Friday – Saturday, September 25, 26, October 2, 3, 9, 10,16,
17, 23, 24, 30, and 31, 2026 from Dusk until 11:30 p.m.; and on
Sunday, October 18 and 25, 2026, from Dusk to 10:30 p.m.; for
Nightmare Hollow Haunted Trail at 3411 Reidville Road, Spartanburg,
SC 29301.

MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 8 of 118

XIX. Miscellaneous Council/Administrative Matters and Budget Amendment
Resolutions
A. Budget Amendment Resolutions if Needed
General Fund
Spartanburg Parks Fund
Hospitality Tax Fund
Road Maintenance Fee Fund
Storm Water Management Fund
Solid Waste Management Fund
Methane Fund
Forfeited Gambling Fund
Drug Enforcement Fund
Sheriff Federal Sharing Fund
Detention Fund
911 Phone System Fund
Victim Assistance Fund
Fire Department Fund
Public Defender 7th Circuit Fund
Pet Resource Center
Special Revenue Fund
Upstate Workforce Board Fund
Community Development Fund
Stimulus Fund
Opioid Settlement Fund
Disaster Recovery Fund
Industrial Development Fund
Community College Fund
Charles Lea Center Fund
Library System Fund
CIP Fund
Capital Penny Fund One
Capital Penny Fund Two
Debt Service Fund
Fleet Services Fund
Facilities Maintenance Fund
Information Technologies Fund
Insurance Fund
XX. Adjourn

MISSION
Spartanburg County’s Mission is to steward an environment where all people have diverse
opportunities to learn, do business, and live a quality life.

Page 9 of 118

NOTICE OF PUBLIC HEARING
Notice is hereby given by the County Council of Spartanburg County, South Carolina of a
public hearing on Monday, September 21, 2026 relating to the proposed enactment of an
ordinance (the “Ordinance”) authorizing the delivery by Spartanburg County, South
Carolina (the “County”) of a Special Source Revenue Credit Agreement (the “Agreement”)
between the County and Spartanburg Capital Partners, LLC, an Indiana limited liability
company (the “Company”), with respect to the acquisition, installation and construction of
certain land, improvements, fixtures, machinery, equipment, furnishings and/or other real
and/or tangible personal property related to a multi-use retail, office and multi-family
building located in the County. Pursuant to the Agreement, the Company will pay an annual
fee in lieu of ad valorem taxes to the County. The Agreement will be delivered by the County
pursuant to Article VIII, Section 13 of the South Carolina Constitution and Title 4, Chapter
1, Code of Laws of South Carolina 1976, as amended, and the Ordinance.
The public hearing will be held in the Spartanburg County Council Chambers located at
366 North Church Street in Spartanburg, South Carolina at 5:15 p.m.
All interested parties should attend.
If special accommodations are needed to participate in the public hearing, contact the
Spartanburg County Council office at 864-596-2528 at least 48 hours prior to the
scheduled meeting date.
Clerk to Council
Spartanburg County, South Carolina

Page 10 of 118

SCSO

Memo
To:
From:
cc:
Date:
Re:

Cole Alverson
Sheriff Bill Rhyne
Personnel and Finance Committee
09/04/2026
Reclassification of position number 419

Purpose:
This memo formally recommends the reclassification of current position 419, Deputy (sworn),
grade 11, at an annual salary of $54,942, to Supply Technician (civilian), grade 13, within the
Spartanburg County Sheriff's Office.
Proposed Position Pay Details (Grade 13, Civilian):
▪ Grade Minimum: $53,370
Current Position Pay Details (Grade 11, Sworn):
▪ Grade Minimum: $54,942
Financial Impact:
Full‑year net impact: –$3,463.38
Remainder FY27 impact: –$2,797.35

Rationale for Proposed Reclassification:
The reclassification is designed to enhance operational efficiency by transitioning administrative
and logistical responsibilities from sworn personnel to a civilian professional. This change frees a
sworn deputy for critical public‑safety duties, reduces costs, improves continuity, and aligns staffing
with mission‑focused deployment.

Recommendation:
I recommend approving the reclassification of Position 419 to Supply Technician (civilian), grade
13.
Action Required:
Please review and approve this recommendation. Should additional information or clarification be
needed, feel free to contact me.

Page 11 of 118

Sheriff’s Office Position reclassification
• Proposed Position Pay Details (Grade 13, Civilian):
Grade Minimum: $53,370
• Current Position Pay Details (Grade 11, Sworn):
Grade Minimum: $54,942
Justifications:
• Operational Efficiency - Ensures law enforcement authority is used where it is actually required.
• Cost Savings - Reduces salary and benefits costs associated with sworn positions
• Role Alignment - duties are administrative/logistical, not law-enforcement related.
• Improved Continuity & Expertise - Civilian employees provide long-term stability in support functions.
• Modernization & Best Practices - Follows national trends toward civilianizing support roles.
• Operational Resilience - Strengthens the reliability of equipment and uniform supply processes.

Page 12 of 118

FY27 Personnel Calculator
Fund #

100

Dept #

Dept. Name:

204

Reclassify Position Please enter data in the blue cells for both "Current" and "Proposed"
Position Number:

419

Select WC Risk Code from drop-down:
State or Police Retirement?

Complete
both rows:
Current
Proposed

Position Title:
Quartermaster (sworn)
Supply Technician (Civilian

Employee
Number:

Employee Name/
Currently Vacant:

9410 Municipal County Employees

SCRS

FT/PT
Grade
FT
11
FT
13
Net Impact full year:

Salary
54,942
53,370
(1,572)

Net impact remainder of Fiscal Year:

(1,270)

Enter remaining number of pay periods and remaining number of insurance deductions:

Sheriff

0.44 %

Workers
FICA
Comp
7.65%
242
4,203
4,083
235
(120)
(7)
21

(97)

(6)

RetireGroup
ment
Insurance
11,670
10,000
9,905
10,000
(1,764)
(1,425)

Total
81,056
77,593
(3,463)

(2,797)

Important: A written Job Description must be approved by Human Resources and accompany this form.
Job Description Attached?

Justification:

Yes

Description Approved by HR?

(If more space is needed, please submit your text on a second sheet.)

Operational Efficiency - Frees a sworn deputy for critical public safety duties. Ensures law enforcement authority is used where it is actually required.
Aligns staffing with mission focused deployment of sworn personnel.
Cost Savings - Reduces salary and benefits costs associated with sworn positions. (Remainder of fiscal year net impact of (2,797). Enables reallocation of funds to
frontline operations, training, or equipment.Minimizes overtime spending for administrative tasks. Eliminates the funds spent for uniforms, weapons and duty
gear.
‑

Role Alignment - Quartermaster duties are administrative/logistical,
‑ not law enforcement related. Civilian specialists often bring stronger backgrounds in supply
chain, procurement, and inventory control. Position responsibilities do not require arrest powers or tactical training.
Improved Continuity & Expertise - Civilian employees provide long term stability in support functions. Eliminates disruptions caused by sworn personnel rotations
or reassignment. Enhances institutional knowledge and consistent process management.
Modernization & Best Practices - Follows national trends toward civilianizing support roles. Creates a professional logistics function that supports strategic
growth
Improves accountability, accuracy, and compliance in procurement and inventory.
Date description
reviewed by HR:

Recommended Grade:

Date reviewed by
Budget Rep:

Date Budget Rep. added
to Tally Sheet:

Biweekly
Hrs:

OT Exempt?

Is Proposed Salary at Standard
Rate?

Page 13 of 118

County of Spartanburg
Post Office Box 5666
TELEPHONE (864) 596-2526
FAX (864) 596-2232
[email protected]

B. COLE ALVERSON

Spartanburg, South Carolina 29304

COUNTY ADMINISTRATOR

MEMORANDUM
Date:

September 11, 2026

To:

Personnel & Finance Committee

From:

Cole Alverson, County Administrator

Cc:

Earl Alexander, Deputy County Administrator
Kevin Stiens, Assistant County Administrator

Re:

County Holiday Schedule

Overview
At your meeting on August 17, 2026, County Council instructed staff to place upon the
next agenda for the Personnel & Finance Committee an action item to consider
recognizing June 19th (Juneteenth) as an official County holiday. Additionally, you all
requested that we conduct an analysis to determine the financial impact of such action
and to report that cost to you prior to the next meeting.
The Employee Handbook, within section 6.3, currently authorizes observation of a total
of 11 holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day,
Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday after
Thanksgiving, Christmas Eve, Christmas Day, and the Day after Christmas. Should the
committee desire to proceed with the addition of Juneteenth, a simple motion to amend
section 6.3 of the employee handbook to add the day will be required. If passed by full
Council, the holiday would be observed, as outlined in the handbook, beginning in 2027.
The cost to add Juneteenth to the authorized list of observed holidays is anticipated to be
approximately $200,000. A more detailed explanation of how this estimate was derived
is attached hereto. It is anticipated that this cost can be covered by higher than
anticipated revenue collections from real estate taxes. Current data indicates that this
component of our assessed base grew by a larger percentage than we anticipated when
crafting the budget recommendation to Council.
Should you have any questions, or if you need any additional information, please let us
know. Thanks

Page 14 of 118

Spartanburg County
Financial Services

MEMORANDUM
To:

Hon. Jessica Coker, Chairperson Committee on Finance & Personnel
Hon. Jack Mabry, Member

From:

Financial Services Department

cc:

Lisa Benfield, Chief Financial Officer
Chris Smith, Director of Human Resources
Nikki Hall, Deputy Budget Director
Laura Morton, Payroll Supervisor

Date:

September 10, 2026

RE:

Potential Cost of Additional Employee Holiday

As requested by Council, Financial Services has identified potential new costs of implementing
an additional holiday on the County Employee Calendar. Going by recent holiday activity and
adjusting for FY27 rates and other variables, the County can expect a total of nearly $200,000
and up to as much as $215,000 in actual additional wages, FICA, retirement, and Workers
Compensation.
•

During the Independence Day observed on July 3, 2026, a little over 400 employees
among our Public Safety, Solid Waste Collections, Landfill, and Parks departments
worked the holiday and were credited with a “Comp Day” to receive equal time off in the
future, at their straight-time rate. Converting this day’s accrual bank to FY27 rates, the
value of Salaries plus fringe is $128,000.

•

When each of these employees may later take their deferred Holiday, the cost of a
replacement for their full shift would add $192,000 in actual salaries and fringe to the
overall County payroll throughout the year. This is presuming the replacement would be
of comparable wages and be working the full shift at an overtime rate of time-and-a-half.

•

As you know, there are many new positions within these departments so far this year,
and there may be more by year’s end. Vacancies may present at a lower percentage in
the future as well. Therefore, in comparison to trends over the past year, an additional
impact of 4%-12% on payroll costs was factored in anticipation of a larger group of
employees working on a holiday.

366 NORTH CHURCH STREET, SUITE 900 | SPARTANBURG, SC 29303

SPARTANBURGCOUNTY.GOV

Page 15 of 118

Full Time Position Vacancy Report
September 1, 2026
Dept Code

Department Name

Authorized
Full-Time
Positions FY27

Authorized
Full-Time Vacant
FY27

Authorized %
Vacant

100
101
102
150
151
152
153
154
201
202
203
204
212
250
255
256
257
258
300
306
350
351
400
401
403
406
408
409
420
452
453

County Administration
County Council
County Delegation
Auditor
Assessor
Register of Deeds
Treasurer
Tax Collector
Environmental Enforcement
Communications Operations
Coroner
Sheriff
Emergency Services
Circuit Solicitor
Clerk of Court
Magisterial Court
Master in Equity
Probate Court
Roads and Bridges
Transportation
Building Codes
Planning and Development
Mail Services
Records Management
Geographic Information
Internal Auditor
County Attorney
Human Resources
Financial Services
Registration and Elections
Veterans Affairs
Gen Fund Positions (FT)

8
1
1
16
37
14
18
10
13
75
15
333
11
67
42
30
5
27
68
17
26
22
3
4
8
3
6
7
19
10
6
922

0
0
0
2
8
0
1
0
1
9
0
15
2
5
1
2
1
1
16
2
1
4
0
0
0
0
1
1
2
0
0
75

0.0%
0.0%
0.0%
12.5%
21.6%
0.0%
5.6%
0.0%
7.7%
12.0%
0.0%
4.5%
18.2%
7.5%
2.4%
6.7%
20.0%
3.7%
23.5%
11.8%
3.8%
18.2%
0.0%
0.0%
0.0%
0.0%
16.7%
14.3%
10.5%
0.0%
0.0%
8.1%

Fund 200 Parks
Fund 201 Hospitality Tax
Fund 211 Storm Water Management
Fund 220 Solid Waste Management
Fund 235 Detention Facility
Fund 236 E911 Phone System
Fund 237 Victim Assistance
Fund 238 Fire Department (Trinity)
Fund 245 Public Defender
Fund 246 Pet Resource Center
Fund 250 Special Revenue Fund
Fund 251 Workforce Investment Board
Fund 253 CED
Fund 256 Opioid
Fund 500 Fleet Services
Fund 501 Facilities Maintenance
Fund 505 Information Technologies
Fund 510 Risk Management
Special Fund Positions (FT)

79
1
15
58
232
3
8
18
36
64
75
5
6
14
17
31
24
2
688

6
0
1
8
48
0
0
3
4
17
4
1
0
3
3
1
7
0
106

7.6%
0.0%
6.7%
13.8%
20.7%
0.0%
0.0%
16.7%
11.1%
26.6%
5.3%
20.0%
0.0%
21.4%
17.6%
3.2%
29.2%
0.0%
15.4%

1610

181

11.2%

All Funds (FT Positions)

Page 16 of 118

MEMORANDUM
To:

From:
Cc:

Date:
RE:

Public Safety and Judiciary Committee
Honorable Monier Abusaft, Chairman
Honorable Jessica Coker, Member

David Jorgensen, Animal Control Supervisor

Cole Alverson, County Administrator
Earl N. Alexander, II, Deputy County Administrator
Kevin Stiens, Assistant County Administrator

September 10, 2026

Code Enforcement Commission

I respectfully request approval for Luke Torres to be commissioned as a Code Enforcement Officer
with Spartanburg County Animal Control.
Mr. Torres has progressed to a point in his training where obtaining his commission is required to
complete the program and transition into full operational duties.
Ofc David L. Jorgensen
Supervisor, Animal Control
Department of Animal Welfare Services
Spartanburg County, SC

1561 Southport Rd. Spartanburg, SC 29306 | 864.804.5598 | [email protected]
www.spartanburgcounty.gov

Page 17 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

In August, PRC intake continues to track toward an estimated 300 animals/month, which
remains consistent with the elevated intake levels seen in June and July. Stray animals continue
to make up the majority of our intake, accounting for 83.7% of animals entering PRC care.
This trend aligns with the historical data from Spartanburg County animals previously entering
Greenville County Animal Care. A significant portion of the stray population continues to
present with medical and behavioral concerns. PRC continues to make medical and behavioral
euthanasia decisions based on best practices, humane welfare considerations, public safety,
and responsible placement standards. These decisions are not made lightly and are based on
each animal’s medical condition, behavioral presentation, quality of life, and realistic placement
options.
Adoption remains the primary placement pathway for animals in PRC custody. However, as
reflected in the data, adoptions are currently moving less than half of the intake population,
which means additional placement pathways remain essential to maintaining capacity and
animal welfare through foster and rescue.
Foster care continues to serve as a critical extension of PRC’s housing capacity. Currently,
42.21% of animals in the department’s custody are housed in foster homes, with an average
foster length of stay of 24 days. By comparison, the average length of stay for animals housed
at the PRC remains consistently between 10 and 13 days. This demonstrates that foster
placement is not an optional support program, but a core capacity-management function that
allows PRC to continue serving animals with urgent sheltering, medical, behavioral, and publicsafety needs.

Spartanburg County Pet Resource Center - August 2026
INTAKE (GENERAL)

Cat

Dog

Adoption Return

Transfer In

Page 18 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

Trap Neuter Release (TNR)

Community Cat Diversion/TNR Candidate

General

Intake Type Sub-Total

OWNER SURRENDER

Cat

Dog

ACO Field Owner Surrender

Financial Issues

Health of Animal - Unable to Provide Level of Care Needed

Landlord/Housing Issues

Other Reasons

Owner Health

Owner Requested Euthanasia

Unfit Lifestyle

Owner Surrender Sub-Total

STRAY IN

Cat

Dog

ACO Court Hold

ACO Owner Deceased

ACO Pickup Litter

ACO Pickup Owner Arrested

ACO Requested 10-Day Hold

ACO Stray Pickup

Community Cat Diversion/TNR Candidate

Public Drop Off Litter

Public Drop Off

Finder - to - Foster

Stray-In Sub Total

112

148

INTAKE TOTAL

260

Page 19 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

INTAKE TOTALS - All Species
Species
Cat

142

Dog

177

Opossum

Other - Fox

INTAKE TOTAL ANIMAL TOTAL

321

OUTCOME REPORT
OUTCOME (GENERAL)

Cat

Dog

Adoption

Euthanasia

Field/Wildlife Release

Return To Owner (RTO)

Transfer Out to Rescue Partner

Unassisted Death in Custody

Outcome Sub-Total

110

184

Total Dogs and Cats Outcomed

294

Euthanasia

Cat

Dog

Emergency

Rabies Testing

Unmanageable Behavioral

Page 20 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

Untreatable Medical

Euthanasia Sub-Total

RTO

Cat

Dog

Return To Owner

RTO Sub-total

OUTCOME BY CATEGORY BREAKDOWN
Adoption

Cat

Dog

Adopted While in Foster Care

Adoption Event

Onsite Adoption

Adoption Sub-Total

131

Field/Wildlife Release

Cat

Dog

Community Cat TNR

Released to Home Area

Field/Wildlife Release Sub-Total

Unassisted Death In Custody

Cat

Dog

Died in Foster

Died in Shelter

Unassisted Death Sub-Total

Transfer Out to Partner Rescues

Cat

Dog

In-State Rescue Partner

Out-of-State Rescue Partner

Transfer Out Sub-Total

Page 21 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

OUTCOME TOTALS - All Species
Species

TOTAL

Cat

110

Dog

184

Other - Fox

Opossum

OUTCOME TOTAL ANIMAL TOTAL

296

Clinic - August 2026
Public Spay/Neuter

Public Wellness Appt

Public Med Service Total

Total Spay/Nueter

183

PRC Non Routine Sugeries

Total Surgeries

192

Dr. Exams

158

Tech Exams

265

Total Exams

423

SafetyNet Services

Cats

Dogs

Total Clients

Surgeries

Wellness

Page 22 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

Euthanasia

Boarding

Fosters - Total

Cats
49

Animals In Foster

Animal Control

Dogs

Totals

Calls for Service

775

Breeder Inspection

Bite Investigations

After Hours Emergency Calls

217

Court Appearances

Citations Issued

Total Citation Value

$25,610

Overtime Hours

122

ACO In-field RTO

SafetyNet Refferals

Assist to Other Agencies

Animal Allies
Spay/Neuters

Cats
347

Page 23 of 118

1591 Southport Road,
Spartanburg SC, 29306
Phone: (864) 804-5598

Page 24 of 118

August 2026 MONTHLY SUBDIVISION & LAND USE REPORT

Start Date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

Parcel

8/4/2026 2-39-00-026.00
8/7/2026 2-37-00-066.00
8/7/2026 3-17-00-027.00
8/27/2026 5-10-00-006.05
8/28/2026 2-44-00-040.00
8/20/2026 1-16-00-030.04
8/6/2026 2-43-00-028.00
8/6/2026 6-05-00-114.01
8/12/2026 6-26-00-021.00
8/17/2026 6-24-00-002.03
8/18/2026 6-19-00-001.00
8/18/2026 6-19-00-001.00
8/18/2026 6-19-00-010.00
8/20/2026 5-36-00-024.12
8/26/2026 6-25-00-193.00
8/3/2026 2-42-00-097.15
8/6/2026 5-41-00-028.08
8/10/2026 1-27-00-040.14
8/10/2026 4-06-00-074.00
8/12/2026 6-41-00-085.04
8/14/2026 1-41-00-023.11
8/14/2026 2-10-00-029.09
8/17/2026 1-42-00-041.00
8/27/2026 2-10-00-092.00
8/18/2026 7-03-00-004.00
8/20/2026 6-13-14-005.00
8/3/2026 6-17-00-021.03
8/3/2026 7-04-00-030.07
8/4/2026 2-13-00-092.10
8/14/2026 6-42-00-141.00
8/17/2026 2-52-00-015.04
8/18/2026 6-13-07-009.02
8/20/2026 3-13-00-284.00
8/26/2026 7-04-16-007.00
8/27/2026 6-13-05-006.02
8/28/2026 1-43-00-044.05
8/28/2026 4-33-00-095.01
8/28/2026 7-11-03-011.00
8/31/2026 3-28-00-120.00
8/5/2026 5-26-00-024.36
8/25/2026 5-26-00-008.03
8/25/2026 5-36-00-008.02
8/28/2026 5-36-00-049.08
8/25/2026 2-21-09-029.00
MONTHLY
YTD

Number Number
of Lots
of Bldgs
HALFORD GROVE FKA FOSTERS GROVESingle Family
57
Libertas Way
Road Only
0
Gordon Farms Phase 1
Patio Home;Single Family
141
John Warren
Single Family
24
Paisley Pointe Phase 2
Single Family
37
Campobello RV Park
28
Sparrow Creek
Patio Home
212
Hope Road
Single Family
5
Good Seed
Single Family
250
Maple Crossing
Single Family;Patio Home
111
Abernathy Ridge
Single Family
94
Abernathy Crossing
Single Family
60
Abernathy Village
Single Family
85
Laurel Hollow
Single Family
32
Landum Grove
Patio Home
40
Andrew's Homes
Single Family
4
Reidville Road Tract
Single Family
4
Alverson Meadows
Single Family
3
Crown Land Development
Single Family
3
Stone Station Farm
Single Family
8
Campobello Residential
Single Family
4
Sulakov Subdivision
Single Family
1
Shawn Hannu
Single Family
3
Safronov Corner
Single Family
2
Overhill Warehouses
Little Mexico
Oakbrook Preparatory School - New Lower School
Prime Venture Group Property
Coblentz
Pauline Glenn-Springs Elementary
Hindu Temple Kitchen Extension
1415 asheville hwy
Broome Softball Batting Cage
Chavez Property
AKS AUTO SALES LLC
LADUNSKIY'S BARN
Woodruff Supplemental Gas Supply Station
Insulfab Expansion
COMERCONST-0726-2510
Qdoba 3389 - Duncan
AFL Parking Lot Expansion
MW Components - Building Addition
611k SF Spec Building at Smith Farms Ind Park
Name

Type of Use

RESIDENTIAL
COMMERCIAL
RESIDENTIAL

24
20
141

COMMERCIAL

127

1,180
6,042

0
0

Number
of Units

54
0
0
0
1
3
0
0
0
0
1
1
0
1
1
1
0
0
1
64
1,323

Miles of New Road Council
Project Type
New
Maintenance District
41.73
0.46 Public
2 Final Subdivision Plats
4.63
0 Private
2 Final Subdivision Plats
38.66
0.88 Public
3 Final Subdivision Plats
16.81
0.344 Public
5 Final Subdivision Plats
19.43
0 Public
2 Final Subdivision Plats
19.58
0
2 Major Land Development
22.67
1.6 Public
2 Preliminary Subdivision Plat
4.93
0 Public
6 Preliminary Subdivision Plat
7.93
1.45 Public
6 Preliminary Subdivision Plat
11.3
0.779 Public
6 Preliminary Subdivision Plat
60.24
0.5 Public
6 Preliminary Subdivision Plat
60.24
0.419 Public
6 Preliminary Subdivision Plat
60.24
0.557 Public
6 Preliminary Subdivision Plat
0.42
0.37 Public
4 Preliminary Subdivision Plat
20.63
0.22 Public
1 Preliminary Subdivision Plat
3.9
2 Minor Subdivision Plat
3.78
4 Minor Subdivision Plat
0
5 Minor Subdivision Plat
41.04
4 Minor Subdivision Plat
25.41
4 Minor Subdivision Plat
9
5 Minor Subdivision Plat
1
2 Minor Subdivision Plat
5.04
5 Minor Subdivision Plat
5.36
2 Minor Subdivision Plat
6.71
Private
3 Major Land Development
0.77
1 Major Land Development
34.34
1 Minor Land Development
10.54
3 Minor Land Development
0.78
2 Minor Land Development
32.2
4 Minor Land Development
8.31
3 Minor Land Development
0.74
3 Minor Land Development
47.85
3 Minor Land Development
0.29
1 Minor Land Development
1
1 Minor Land Development
5.76
5 Minor Land Development
49.96
4 Minor Land Development
4.33
1 Minor Land Development
33.87
4 Minor Land Development
1.552
6 Zoning Permit
10
6 Zoning Permit
27.139
4 Zoning Permit
100.36
4 Zoning Permit
0.35
PROJEC Counter Plats

Acreage

860.81

4,108.80

7.58

54.72

MONTHLY
YTD

WALK-IN CONSULT

44
305

449
3,555

Page 25 of 118

SPARTANBURG COUNTY COUNCIL
Management Information Report

DEPARTMENT: Roads & Bridges

PERIOD: AUGUST, 2026

SERVICE OBJECTIVE: To maintain the county roads and bridges at acceptable
levels ensuring the safety of the general public. To develop efficient and cost
effective procedures to maximize maintenance of the road system.

PERFORMANCE HIGHLIGHTS
PERFORMANCE INDICATOR

CURRENT
TOTALS

YEAR TO DATE

TONS OF ASPHALT USED

102

183

TONS OF STONE USED (Crusher Run, Rip Rap, Etc.)

197

354

MILES OF ROADS SCRAPED

MILES OF ROADS BUSHHOGGED

565

1,293

MILES OF DITCHES CLEARED

TOTAL FEET OF PIPE INSTALLED

106

TOTAL CITIZEN REQUESTS COMPLETED

202

414

NUMBER OF VEHICLE ACCIDENTS

NUMBER OF ON THE JOB INJURIES

NEW STREET SIGNS INSTALLED

109

NEW TRAFFIC SIGNS INSTALLED

207

315

NEW BRIDGE SIGNS INSTALLED

DAMAGED ROADWAY SIGNS INSTALLED

DAMAGED TRAFFIC SIGNS REPLACED

333

496

102

179

16.76

19.56

NUMBER OF LARGE CULVERTS REPLACED

NUMBER OF BRIDGES BUILT

NUMBER OF DRIVEWAY PERMITS ISSUED
NUMER OF ENCROACHMENT PERMITS ISSUED
NUMBER OF ENCROACHMENT PERMITS INSPECTED
MILES OF ROADS ASPHALTED

●
●
●
●
●
●

Viaduct Road has been paved.
Sundyal Road pipe has been installed & paved-Waiting on guardrail to be installed.
Work on Willowood project-culvert has been placed & road is currently being completed.
In process of starting work on Ridings Road.
Bridge maintenance on Acorn Drive.
Culvert replaced on PineForest Road.

Page 26 of 118

ORDINANCE NO. ___

AN ORDINANCE IMPOSING A MORATORIUM ON THE ACCEPTANCE,
PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS FOR DATA
CENTERS AND ALL OTHER LAND USE OR DEVELOPMENT APPROVALS FOR
DATA CENTERS.
WHEREAS, Spartanburg County Council is empowered pursuant to Title 4, Chapter 9,
Section 4-9-25 of the South Carolina Code of Laws, 1976, as amended, to adopt regulations,
resolutions, and ordinances not inconsistent with the Constitution and general law of the State of
South Carolina (the “State”), including the exercise of these powers in relation to health and order
in the County or respecting any subject as appears to the Council necessary and proper for the
security, general welfare, and convenience of the County or for preserving health, peace, order,
and good government therein, to include providing for land use regulations pursuant to Section 49-30 of the South Carolina Code of Laws, 1976, as amended; and
WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling
Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended,
authorizes the County to enact or amend its land development regulations to guide development
in accordance with existing and future needs and to protect, promote and improve public health,
safety, and general welfare; and
WHEREAS, Spartanburg County Council has adopted a Performance Zoning Ordinance
("PZO") and a Unified Land Management Ordinance (“ULMO”), which collectively regulate the use
of land, the location and use of buildings and other site improvements, and the construction of public
facilities and private improvements related to the development of land; and
WHEREAS, inadequately regulated development of multiple data centers may have
negative impacts on neighboring property owners, and the operation of such centers are dependent on
adequate capacity of regulated utilities; and
WHERAS, Spartanburg County Council previously announced at its press conference on
February 26, 2026 that County Council would not vote on anything else related to new data centers
until the state legislature establishes a statewide set of rules, protocols and safeguards to uniformly
evaluate these projects and that its citizens’ interests can best be protected with legislation in place.
NOW THEREFORE, be it ordained by the County Council of Spartanburg County (the
“Council”), the governing body of the Spartanburg County, South Carolina (the “County”), as
follows:

Page 27 of 118

Section 1
Findings. The Council hereby adopts the above recitals as findings of fact
in connection with the enactment of this ordinance (this “Ordinance”):
(a)
Data Centers are reviewed as an industrial use in the County’s zoning ordinances.
The Council has determined that it is appropriate to review the areas within the County where Data
Centers are allowed, and the conditions under which Data Centers may be developed, and to further
consider county-wide amendments to the provisions of the PZO concerning Data Centers if
necessary and prudent for the security, general welfare, and convenience of the County or for
preserving health, peace, order, and good government therein.
(b)
For the purpose of this ordinance, Data Centers are defined as a facility comprised
of one or more buildings that houses computer systems and associated components, including
telecommunications and data storages systems, that has a combined connected electrical load of
one megawatt or more, and whose primary function is the storage, management and processing of
data.
(c)
To give the Council, the Spartanburg County Planning Commission (the “Planning
Commission”), and the County’s staff adequate time to conduct such a review and consider
appropriate amendments to the PZO, the Council has determined that it is appropriate to implement
a temporary moratorium on approvals related to the location of Data Centers within the County, as
set forth in greater detail in this Ordinance.
Section 2
Moratorium on New Data Centers. By and through the enactment of this
Ordinance, the Council hereby imposes a moratorium (as described hereby, the “Moratorium”) on
the consideration of development applications for new Data Centers, and the issuance or approval
of other land use applications or approvals, as applicable, for the development of new Data Centers
within the County for a period of twelve (12) months from the date of the enactment of this
Ordinance. The County staff, the Planning Commission, and the County’s Board of Zoning
Appeals are hereby directed to hold in abeyance any development applications involving new Data
Centers that are received after the first reading of this Ordinance.
Section 3
Recommendations Regarding Data Center Regulations. During the
pendency of the Moratorium, County staff and the Planning Commission are hereby directed to
study the areas of the County where Data Centers may be an appropriate land use and the
conditions under which Data Centers may appropriately be developed within such areas. The
Planning Commission and County staff are further directed to prepare and recommend appropriate
amendments to the PZO to apply County-wide to development of Data Centers.
Section 4
Exemption. This Moratorium shall not apply to applications for which
conditional plan approval was granted prior to the effective date of this ordinance, provided such
applications remain in compliance with all applicable approvals and conditions. Additionally, this
Moratorium shall not apply to Data Centers which have been issued a development permit in the
last twelve (12) months.
Section 5
Pending Ordinance Doctrine. This Ordinance is subject to the Pending
Ordinance Doctrine.

Page 28 of 118

Section 6
Moratorium Extension. The Council hereby finds and determines that the
Moratorium imposed hereby may be extended by resolution of the Council.
Section 7
Severability. If any one or more of the provisions of this Ordinance should
be contrary to law, then such provision shall be deemed severable from the remaining provisions
and shall in no way affect the validity of the other provisions of this Ordinance.
Section 8
Repealer. All ordinances, resolutions or parts of any ordinances or
resolutions inconsistent or in conflict with the provisions of this Ordinance are hereby repealed to
the extent of the conflict or inconsistency. Nothing in this Ordinance shall be construed to affect
any suit or proceeding impending in any court, or any rights acquired or liability incurred, or any
cause of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just
or legal right or remedy of any character be lost, impaired or affected by this Ordinance, except as
expressly set forth herein and as may be permitted under State law.
Section 9
Effect. Subject to its applicability in advance of third reading pursuant to
the Pending Ordinance Doctrine, this Ordinance shall be effective upon third and final reading by
the Council.
2026.

DONE AND ENACTED IN COUNCIL DULY ASSEMBLED, this ___ day of June
SPARTANBURG COUNTY, SOUTH CAROLINA

[SEAL]

B. Cole Alverson, County Administrator

ATTEST:
Angela G. Walker, Clerk to Council
First Reading:
Second Reading:
Public Hearing:
Third Reading:

June 22, 2026
_______ __, 2026
_______ __, 2026
_______ __, 2026

Page 29 of 118

No.O-26-

AN ORDINANCE
AN ORDINANCE TO AMEND THE AGREEMENT FOR DEVELOPMENT
FOR JOINT COUNTY INDUSTRIAL PARK BY AND BETWEEN
SPARTANBURG COUNTY AND CHEROKEE COUNTY, SOUTH
CAROLINA, SO AS TO REMOVE PROPERTY IN SPARTANBURG
COUNTY AS PART OF THE JOINT COUNTY INDUSTRIAL PARK, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, Spartanburg County, South Carolina (“Spartanburg County”) and Cherokee
County, South Carolina (“Cherokee County” and together with Spartanburg County, the “Counties”)
are authorized under Article VIII, Section 13 of the South Carolina Constitution and Section 4-1-170
of the Code of Laws of South Carolina, 1976, as amended (the “Act”), to jointly develop an industrial
or business park within the geographical boundaries of one or more of the member Counties;
WHEREAS, in order to promote the economic welfare of the citizens of the Counties by
providing employment and other benefits to the citizens of the Counties, the Counties agreed to so
jointly develop an industrial and business park (the “Park”) through the delivery by the parties of an
Agreement for Development for Joint County Industrial Park dated as of December 31, 2018, as
amended (collectively, the “Park Agreement”);
WHEREAS, the Park Agreement, by its terms, contemplates the diminution of the Park by
removal of certain parcels within the Park from time to time, pursuant to ordinances of the county
councils of Spartanburg County and Cherokee County; and
WHEREAS, in connection with certain incentives being offered by Spartanburg County, the
Counties now desire to amend the Park Agreement to reduce the Park to remove certain parcels in
Spartanburg County from the Park;
NOW, THEREFORE, BE IT ORDAINED BY THE SPARTANBURG COUNTY
COUNCIL:
SECTION 1: It is hereby determined that the Park Agreement is hereby amended for
purposes of diminishing the Park premises located in Spartanburg County to remove the property
described in Schedule I attached hereto (the “Property”). Accordingly, upon enactment of a
corresponding ordinance of approval by Cherokee County Council, Exhibit A to the Park Agreement
shall hereby be deemed amended, without further action by the Counties, to remove the Property.
SECTION 2: Spartanburg County also desires to Amend the Intergovernmental Agreement
with the City to remove certain parcels from the City of Spartanburg Economic Development

Page 30 of 118

Partnership Park to enable those parcels to be placed into the Joint Government Building Park which
shall be in substantially the form attached hereto as Schedule II. The County Administrator of
Spartanburg County Council is hereby authorized to execute the Amendment to the
Intergovernmental Agreement on behalf of Spartanburg County, with such changes thereto as the
County Administrator shall deem, upon advice of counsel, necessary and do not materially change
the import of the matters contained in agreements.
SECTION 3:

This Ordinance shall be effective upon third reading approval.

ENACTED this 21st day of September, 2026.
SPARTANBURG COUNTY, SOUTH CAROLINA

Attest:

______________________________________________
Spartanburg County Administrator

____________________________________
Clerk to County Council
1st Reading: July 20, 2026
2nd Reading: August 17, 2026
3rd Reading: September 21, 2026
Public Hearing: August 17, 2026

Page 31 of 118

SCHEDULE I
Removal from Exhibit A
to Agreement for Development for Joint County Industrial Park
(City of Spartanburg Economic Development Partnership Park)
dated as of December 31, 2018, as amended,
between Spartanburg County and Cherokee County
List 1: Parcels Being Removed from the Park
7-12-20-056.00
7-12-21-062.00
7-12-21-063.00
7-12-21-064.00
7-12-21-066.00
7-12-21-067.00
7-12-21-069.01
7-12-21-069.00
7-12-24-004.00
7-12-24-003.00
7-12-24-003.01
7-12-24-002.00
7-12-24-001.00

145 W. Broad Street
W. Broad Street
W. Broad Street
130 S. Church Street
138 S. Church Street
146 S. Church Street
150 S. Church Street
160 S. Church Street
174 S. Church Street
W. Kennedy Street
W. Kennedy Street
W. Kennedy Street
S. Spring Street

Page 32 of 118

SCHEDULE II
FORM OF AMENDMENT TO THE AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
(City of Spartanburg Economic Development Partnership Park)

Page 33 of 118

STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
I, the undersigned Clerk of the County Council of Spartanburg County, South Carolina, do
hereby certify that the foregoing is a true, correct and verbatim copy of the Ordinance duly enacted
at a meeting of said County Council held on July 20, 2026, August 17, 2026, and September 21,
2026, at which meetings a quorum was at all times present.
WITNESS MY HAND this 21st day of September, 2026.

____________________________________
Clerk to County Council of
Spartanburg County, South Carolina

Page 34 of 118

STATE OF SOUTH CAROLINA
CITY OF SPARTANBURG
COUNTY OF SPARTANBURG

)
)
)
)
)

AMENDMENT TO THE
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
(City of Spartanburg Economic Development
Partnership Park)

This AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT (the “Agreement”) dated as of the ___ day of __________, 2026 is made and entered into
by and between the City of Spartanburg, South Carolina (the “City”) and Spartanburg County, South
Carolina (the “County”), and amends the Intergovernmental Agreement (City of Spartanburg Economic
Development Partnership Park) (the “Original Agreement”) dated as of the 31st day of December, 2018
(“Effective Date”) and as Amended and Restated the 19th day of August, 2024 by and between the City and
the County.
WHEREAS, the County and the Partner County have executed, or intend to execute, an
Amendment to the Amended and Restated Agreement for Development of Joint County Industrial/Business
Park (City of Spartanburg Economic Development Partnership Park) (the “Park Agreement”) in order to
reflect the removal of certain properties originally located in the Park.,
WHEREAS, the City Council desires to approve the removal of those certain properties, by and
through the City Ordinances, has authorized the execution and delivery of the Original Agreement and this
Agreement, and consented to inclusion of the Park Property (as defined below) within the Park in
accordance with the requirements of Section 4-1-170 of the Code; and
NOW, THEREFORE, BE IT AGREED:
ARTICLE I
THE PARK
Section 1.1
Removal of Park Property in Park. Pursuant to Section 4-1-170 of the Code, the
City hereby consents to the removal of the Park Property listed in Schedule I. Except as provided herein,
any removal or addition of Park Property to the Park shall be subject to prior consent of the City. To the
extent any removal shall adversely affect the collateral source or pledge for any SSRB, removal of Park
Property from the Park shall be subject to prior consent of all of the holders of such outstanding SSRBs, if
any.
Section 1.2
Other Changes to Park Property. Notwithstanding the foregoing, the County shall
have sole discretion to add or remove Park Property in the instance of (i) subdivision of a parcel of Park
Property, (ii) change in use of a parcel of Park Property relating to owner-occupied property so as to remain
consistent with state law or (iii) in the opinion of legal counsel to the County, a parcel of Park Property
should be removed to avoid litigation. Upon written notice from the City to the County, which such notice
shall be deemed the City’s consent as required under the Code, parcels currently in the City’s “Business
Corridor Program” shall be removed from their applicable multi-county industrial business park and placed
into the Park as Park Property. In addition, this Agreement shall be deemed the City’s consent to the removal
of any other parcel from an existing multi-county industrial business park and adding the same to the Park;
provided, however, no such transfer shall occur until any applicable incentive agreements related to such
parcels expire in accordance with their terms if, in the opinion of legal counsel to the County, the current

Page 35 of 118

incentive agreements will be adversely affected, or if the beneficiaries of such incentives do not agree to any
necessary amendments to their incentive documents.

ARTICLE II
MISCELLANEOUS
Section 2.1
Notices. All notices, certificates, requests, or other communications hereunder
shall be in writing and shall be deemed to be sufficiently given when either hand delivered or deposited in
the United States mail, certified mail, return receipt requested, with postage pre-paid, and addressed to the
party or parties for whom intended as follows:
If to the County:
Spartanburg County, South Carolina
366 North Church Street (29303)
PO Box 5666 (29304)
Spartanburg, South Carolina
Attention: County Administrator
If to the City:
City of Spartanburg
PO Box 1749
Spartanburg, South Carolina 29304
Attention: City Manager
The County or the City by notice given hereunder, may designate any further or different address
as to which subsequent notices, certificates, requests, or other communications shall be sent.
Section 2.2
No Personal Liability. No covenant, obligation, or agreement contained herein
shall be deemed to be a covenant, obligation, or agreement of any present or future member, officer, agent,
or employee of the County or the City, other than in his or her official capacity, and neither the members
of the County Council or the City Council, nor any official executing this Agreement shall be personally
liable thereon or be subject to any personal liability or accountability by reason of the covenants,
obligations, or agreements of the County or the City contained in this Agreement.
Section 2.3
Agreement Binding. This Agreement shall inure to the benefit of and shall be
binding in accordance with its terms upon the County and the City and their respective successors and
assigns, and shall at all times be deemed an agreement authorized pursuant to Article VIII, Section 13 of
the South Carolina Constitution.
Section 2.4
Amendment, Termination and Assignment. This Agreement may not be
effectively amended, changed, modified, altered, terminated or assigned, except in accordance with the
express provisions of this Agreement or with the written consent of all parties hereto, and, if applicable,
any holders of SSRBs.
Section 2.5
Execution in Counterpart. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original and all of which shall constitute but one and
the same instrument.
2

Page 36 of 118

Section 2.6
Governing Law. This Agreement shall be deemed to be a contract made under the
laws of the State of South Carolina and for all purposes shall be governed by and construed in accordance
with the laws of the State of South Carolina.
Section 2.7
Sections; Headings. The sections, headings and other titles to paragraphs of this
Agreement are inserted solely for the convenience of reference. None shall in any way define, limit, extend
or aid in the construction of the scope, extent, meaning or intent of this Agreement.
Section 2.8
No Construction Against Drafter. The parties hereby acknowledge that they have
reviewed this Agreement and concur that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of any provision of this Agreement.
Section 2.9
Time of the Essence. The parties hereto specifically agree that time is of the
essence of this Agreement with respect to the performance of the obligation of the parties under this
Agreement.
Section 2.10
No Third-Party Beneficiary. Nothing in this Agreement, express or implied, is
intended to or shall confer upon any person, other than the parties hereto, any rights, benefits or remedies
of any nature whatsoever under or by reason of this Agreement except for any bondholders of SSRBs.
Section 2.11
Effective Date; Term. This Agreement shall become effective as of the Effective
Date. This Agreement shall continue in full force and effect throughout the Term. Upon the end of the
Term, this Agreement shall expire without further action or acknowledgment from either party hereto.
Section 2.12
Definitions. Any terms not defined in this amendment shall have the meaning as
defined in the Amended and Restated Intergovernmental Agreement dated the 19th day of August, 2024.
[The remainder of this page intentionally left blank.]

Page 37 of 118

IN WITNESS WHEREOF, the County and the City have caused this Agreement to be duly
executed in their respective names as of the Effective Date.
SPARTANBURG COUNTY, SOUTH CAROLINA

(SEAL)

________________________________________________
Cole Alverson, County Administrator

ATTEST:
_______________________________________
Angela G. Walker, Clerk to County Council

CITY OF SPARTANBURG, SOUTH CAROLINA

(SEAL):

________________________________________________
Chris Story, City Manager

ATTEST:
___________________________________________
Christie B. Lindsey, City Clerk

Page 38 of 118

Schedule I

Removal from Exhibit A
to Amended and Restated Intergovernmental Agreement
(City of Spartanburg Economic Development Partnership Park)
dated as of December 31, 2018, as amended,
between Spartanburg County and City of Spartanburg
List 1: Parcels Being Removed from the Park
7-12-20-056.00
7-12-21-062.00
7-12-21-063.00
7-12-21-064.00
7-12-21-066.00
7-12-21-067.00
7-12-21-069.01
7-12-21-069.00
7-12-24-004.00
7-12-24-003.00
7-12-24-003.01
7-12-24-002.00
7-12-24-001.00

Page 39 of 118

ORDINANCE NO. _____
AN ORDINANCE TO AUTHORIZE AND APPROVE AN AGREEMENT
FOR THE DEVELOPMENT OF A JOINT INDUSTRIAL AND BUSINESS
PARK (JOINT GOVERNMENT BUILDING PARK) BY AND BETWEEN
SPARTANBURG COUNTY AND CHEROKEE COUNTY, TO
AUTHORIZE THE EXECUTION AND DELIVERY OF AN
INTERGOVERNMENTAL AGREEMENT (JOINT GOVERNMENT
BUILDING PARK) WITH THE CITY OF SPARTANBURG; AND OTHER
MATTERS RELATED THERETO.
WHEREAS, Spartanburg County, South Carolina ("Spartanburg County") and Cherokee
County, South Carolina ("Cherokee County", and Spartanburg County and Cherokee County,
collectively, the "Counties") are authorized under Article VIII, Section 13 of the South Carolina
Constitution to jointly develop an industrial and business park within the geographical boundaries
of one or more of the member counties; and
WHEREAS, in order to promote the economic welfare of the citizens of the Counties by
providing employment and other benefits to the citizens of the Counties and promoting economic
development in, and enhancing the tax base of the Counties, Spartanburg County proposes to enter
into an agreement with Cherokee County to develop jointly an industrial and business park within
Spartanburg County and Cherokee County, as provided by Article VIII, Section 13 of the South
Carolina Constitution and in accordance with Section 4-1-170 of the Code of Laws of South
Carolina 1976, as amended (collectively, the "Act");
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF
SPARTANBURG COUNTY:
Section 1.
Spartanburg County is hereby authorized to jointly develop an industrial
and business park (the "Park") with Cherokee County, with the consent of any applicable
municipality (to the extent required by the Act).
Section 2.
Spartanburg County will enter into a written agreement to develop the Park
jointly with Cherokee County in substantially the form attached hereto as Exhibit A, which is
incorporated herein by reference (the "Park Agreement"). By enactment of this Ordinance, the
Spartanburg County Council hereby approves the Park Agreement and all of its terms, provisions
and conditions. The Spartanburg County Administrator is hereby authorized to execute the Park
Agreement on behalf of Spartanburg County, with such changes as he shall deem, upon advice of
counsel, necessary or desirable and which do not materially alter the agreements set forth therein.
Section 3.
Spartanburg County will enter into an Intergovernmental Agreement
Concerning Joint Use of Government Facilities (“Joint Building IGA”) with the City of
Spartanburg, South Carolina (“City”) in substantially the form attached as Exhibit B and
incorporated herein by reference authorized to executed the Joint Building IGA on behalf of
Spartanburg County, with such changes thereto as the County Administrator shall deem, upon the
advice of counsel, necessary and do not materially change the import of the matters contained in

Page 40 of 118

the form of agreement set forth in Exhibit B.
Section 4.
The businesses or industries located in the Park must pay a fee in lieu of ad
valorem taxes as provided for in the Park Agreement. With respect to properties located in the
Spartanburg County portion of the Park, the fee paid in lieu of ad valorem taxes shall be paid to
the Treasurer of Spartanburg County. The portion of such fee allocated pursuant to the Park
Agreement to Cherokee County shall be thereafter paid by the Treasurer of Spartanburg County
to the Treasurer of Cherokee County within ten (10) business days after the end of the calendar
quarter of receipt for distribution in accordance with the Park Agreement and the ordinances of
Cherokee County. With respect to properties located in the Cherokee County portion of the Park,
the fee paid in lieu of ad valorem taxes shall be paid to the Treasurer of Cherokee County. The
portion of such fee allocated pursuant to the Park Agreement to Spartanburg County shall
thereafter be paid by the Treasurer of Cherokee County to the Treasurer of Spartanburg County
within ten (10) business days after the end of the calendar quarter of receipt for distribution in
accordance with the Park Agreement and the ordinances of Spartanburg County.
Section 5. The ordinances and regulations of Spartanburg County concerning zoning,
health and safety, and building code requirements apply to the Park properties in Spartanburg
County unless the properties are within the boundaries of a municipality, in which case the
municipality's ordinances and regulations apply. The ordinances and regulations of Cherokee
County concerning zoning, health and safety, and building code requirements apply to the Park
properties in Cherokee County unless the properties are within the boundaries of a municipality,
in which case the municipality's ordinances and regulations apply.
Section 6. Jurisdiction to make arrests and exercise all authority and power within the
boundaries of the Park properties in Spartanburg County is vested with the Spartanburg County
Sherriff's Department. Jurisdiction to make arrests and exercise all authority and power within the
boundaries of the Park properties in Cherokee County is vested with the Cherokee County Sheriff's
Department. If any of the Park properties located in either Spartanburg County or Cherokee
County are within the boundaries of a municipality, then jurisdiction to make arrests and exercise
law enforcement jurisdiction is vested with the law enforcement officials of the municipality.
Section 7. The revenues generated from industries or businesses to be retained by
Spartanburg County pursuant to the Park Agreement shall be distributed (A) $1 to each taxing
entity which overlaps the applicable properties in the Park and (B) the remainder of such pursuant
to the provisions of the Joint Building IGA, as amended from time to time, the terms of which are
incorporated herein by reference..
Section 8. Spartanburg County hereby expressly excludes the Park created hereunder from
that certain Ordinance No. O-15-22 of Spartanburg County enacted October 19, 2015, as amended
by Ordinance No. O-16-05 of Spartanburg County enacted April 18, 2016, as amended by
Ordinance No. O-26-___ of Spartanburg County enacted September__, 2026 or any other
subsequently enacted Ordinance.
Section 9. To the extent this Ordinance contains provisions that conflict with provisions
contained elsewhere in the Spartanburg County Code of Ordinances or other Spartanburg County
ordinances or resolutions, the provisions contained in this Ordinance supersede all other provisions
2

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and this Ordinance is controlling.
Section 10. If any section, phrase, sentence, or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, the invalid or unconstitutional
portion is deemed a separate, distinct, and independent provision, and the holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 11. This Ordinance is effective upon third reading.
ENACTED in meeting duly assembled this ___ day of _____________, 2026.

SPARTANBURG COUNTY, SOUTH
CAROLINA
(SEAL)

____________________________________
B. Cole Alverson
Spartanburg County Administrator

ATTEST:
_______________________________________
Angela G. Walker
Clerk to Spartanburg County Clerk to Council
First Reading: July 20, 2026
Second Reading: August 17, 2026
Public Hearing: August 17, 2026
Third Reading: September 21, 2026

Page 42 of 118

Exhibit A
Form of Park Agreement
(___________)
[see attached]

Page 43 of 118

Exhibit B
Form of Intergovernmental Agreement
(___________)
[see attached]

Page 44 of 118

STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
COUNTY OF CHEROKEE

)
)
)
)
)
)

AGREEMENT FOR DEVELOPMENT OF
JOINT COUNTY INDUSTRIAL AND
BUSINESS PARK
(JOINT GOVERNMENT BUILDING PARK)

THIS AGREEMENT for the development of a joint county industrial and business park to
be located in Spartanburg County, South Carolina (“Spartanburg County”) and Cherokee County,
South Carolina (“Cherokee County”), dated as of [] [], 2026, is made and entered into by and between
Spartanburg County and Cherokee County (collectively, the “Counties”), both political subdivisions
of the State of South Carolina, pursuant to Article VIII, Section 13 of the South Carolina Constitution
and Section 4-1-170, Code of Laws of South Carolina 1976, as amended (collectively, the “Act”).
RECITALS
WHEREAS, the Counties have determined that, in order to promote economic
development and thus provide additional employment opportunities, and to increase the tax bases
of the Counties, there should be established a Joint County Industrial and Business Park (Joint
Government Building Park) in the Counties, which pursuant to Ordinance No. [], enacted by
Spartanburg County Council on [] and Ordinance No. [], enacted by Cherokee County Council on
[] (the “Park”), which Park shall be in addition to all previous joint county industrial and business
parks previously established between the Counties; and
WHEREAS, as a consequence of the establishment of the Park, property therein shall be
exempt from ad valorem taxation, during the term of this Agreement, but the owners or lessees of
such property shall pay annual fees during that term in an amount equal to that amount of ad
valorem taxes for which such owner or lessee would be liable except for such exemption.
NOW, THEREFORE, in consideration of the mutual agreement, representations and
benefits contained in this Agreement and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1.
Binding Agreement. This Agreement serves as a written instrument setting forth
the entire agreement between the parties and shall be binding on the Counties, their successors and
assigns.
2.
Authorization. Article VIII, Section 13(D), of the Constitution of South Carolina
provides that counties may jointly develop an industrial and business park with other counties
within the geographical boundaries of one or more of the member counties, provided that certain
conditions specified therein are met and further provided that the General Assembly of the State of
South Carolina provides by law a means by which the value of property in such park will be
considered for purposes of bonded indebtedness of political subdivisions and school districts and for
purposes of computing the index of taxpaying ability for school districts. Section 4-1-170, Code of
Laws of South Carolina, 1976, as amended, satisfies the conditions imposed by Article VIII, Section
13(D), of the Constitution and provides the statutory vehicle whereby a joint county industrial and
business park may be created.
1

Page 45 of 118

Location of the Park.

(A)
As of the date of this Agreement, the Park consists of property located in
Spartanburg County, as is hereinafter more specifically described in Exhibit A hereto. It is specifically
recognized that the Park may from time to time consist of non-contiguous properties. The boundaries
of the Park may be enlarged or diminished from time to time as authorized by ordinances of both of
the Counties.
(B)
In the event of any enlargement or diminution of the boundaries of the Park,
this Agreement shall be deemed amended and there shall be attached hereto a revised Exhibit A
related to property located in Spartanburg County or Cherokee County which shall contain a legal
description of the properties located in the Park, within Spartanburg County or Cherokee County, as
the case may be, as enlarged or diminished, together with a copy of the ordinances of Spartanburg
County Council and Cherokee County Council pursuant to which such enlargement or diminution
was authorized.
(C)
Prior to the enactment by Spartanburg County Council and by Cherokee
County Council of ordinances authorizing the diminution of the boundaries of the Park, separate
public hearings shall first be held by Spartanburg County Council and by Cherokee County Council.
Notice of such public hearing shall be published in a newspaper of general circulation in Spartanburg
County and Cherokee County, respectively, at least once and not less than fifteen (15) days prior to
such hearing.
(D)
Notwithstanding anything in this paragraph 3 to the contrary, in the event that
a tract or site of land located in the Park is purchased and developed by a person or business enterprise
whose employees, because of the nature of their employment, do not qualify for the corporate income
tax credit provided in Section 12-6-3360 of the Code (“Non-Qualifying Site”), the County in which
the property is located (“Host County”) may unilaterally remove by ordinance, the Non-Qualifying
Site from the Park, so long as, and to the extent that such removal does not adversely impact any
financing or other incentive then in effect.
4.
Fee-in-Lieu of Taxes. Property located in the Park shall be exempt from ad valorem
taxation during the term of this Agreement. The owners or lessees of any property situated in the Park
shall pay in accordance with and during the term of this Agreement an amount equivalent to the ad
valorem property taxes or other in-lieu of payments that would have been due and payable but for the
location of such property within the Park. Where, in this Agreement, reference is made to payment of
ad valorem property taxes or other in-lieu of payments, such reference shall be construed, in
accordance with this Section 4, to mean the ad valorem property taxes or other in-lieu of payments
that would otherwise have been due to be paid to Spartanburg County, after deduction of all applicable
allowances, credits, deductions, and exemptions authorized or required by state law.
5.
Allocation of Park Expenses. The Counties shall bear expenses, including, but not
limited to, development, operation, maintenance and promotion of the Park in the following
proportions:

Page 46 of 118

If property is located in Spartanburg County:
A.
B.

Spartanburg County
Cherokee County

100%
0%

If property is located in Cherokee County:
A.
B.

Spartanburg County
Cherokee County

0%
100%

6.
Allocation of Park Revenues. The Counties shall receive an allocation of all revenue
generated by the Park through payment of fees-in-lieu of ad valorem property taxes or from any other
source in the following proportions:
If property is located in Spartanburg County:
A.
B.

Spartanburg County
Cherokee County

99%
1%

Any payment by Spartanburg County to Cherokee County of its allocable share of the feesin-lieu of taxes from the Park as set forth above shall be made not later than fifteen (15) business days
after the end of the calendar quarter in which Spartanburg County receives such payment from the
occupants of the Park. In the event that the payment made by any occupant of a Park is made under
protest or is otherwise in dispute, Spartanburg County shall not be obligated to pay to Cherokee
County more than Cherokee County’s share of the undisputed portion thereof until thirty (30) days
after the final resolution of such protest or dispute.
If property is located in Cherokee County:
A.
B.

Spartanburg County
Cherokee County

1%
99%

Any payment by Cherokee County to Spartanburg County of its allocable share of the feesin-lieu of taxes from the Park shall be made not later than fifteen (15) business days after the end of
the calendar quarter in which Cherokee County receives such payment from the occupants of the
Park. In the event that the payment made by any occupant of a Park is made under protest or is
otherwise in dispute, Cherokee County shall not be obligated to pay to Spartanburg County more than
Spartanburg County’s share of the undisputed portion thereof until thirty (30) days after the final
resolution of such protest or dispute.
7.
Revenue Allocation Within Each County.
(A)
Revenues generated by the Park through the payment of fees-in-lieu of ad valorem
property taxes shall be distributed to the Counties according to the proportions established by
Paragraph 6. Such revenues shall be distributed within Spartanburg County and Cherokee County in
the manner directed by the respective ordinances enacted by such counties relating to the Park or such
distribution from time to time, including, but not limited to, the allocation of the revenues such

Page 47 of 118

counties receive and retain from the Park for the payment of special source revenue bonds, provision
of special source credits or payments, or other permitted uses of such revenues.
(B)
Provided however, that (i) all taxing districts which overlap the applicable revenuegenerating portion of the Park shall received at least some portion of the revenues generates from such
portion, and (ii) with respect to amounts receivable in any fiscal year by a taxing entity, the governing
body of such taxing entity shall allocate the revenues received to operations and/or debt service of
such entity. With respect to revenues allocable to Spartanburg County by way of fees-in-lieu of taxes
generated within Spartanburg County, such revenues shall be distributed within Spartanburg in the
manner provided by ordinance of Spartanburg County Council and the Intergovernmental Agreement
Concerning Joint Use of Government Facilities between Spartanburg County and the City of
Spartanburg dated _____, 2026 (the “Joint Building IGA”), as such Joint Building IGA may be
amended from time to time.
(C)
Revenues allocable to Spartanburg County by way of fees in lieu of ad valorem taxes
generated from properties located in the Cherokee County portion of the Park shall be distributed
solely to Spartanburg County. Revenues allocable to Cherokee County by way of fees in lieu of ad
valorem taxes generated from properties located in the Spartanburg County portion of the Park shall
be distributed solely to Cherokee County.
8.
Fees-in-Lieu of Taxes Pursuant to Code of Laws of South Carolina. It is hereby
agreed that the entry by Spartanburg County or Cherokee County into any one or more negotiated
fee-in-lieu of tax agreements or infrastructure (special source revenue credit) agreements pursuant to
Titles 4 or 12, South Carolina Code, 1976, as amended, or any successor or comparable statutes, with
respect to property located within the Park and the terms of such agreements shall be at the sole
discretion of Spartanburg County and Cherokee County, respectively.
9.
Assessed Valuation. For the purpose of calculating the bonded indebtedness
limitation of the political subdivisions and overlapping tax districts which levy taxes in the park
property described in Exhibit A, and for the purpose of computing the index of taxpaying ability of
any applicable school districts located in either of the Counties pursuant to Section 59-20-20(3), Code
of Laws of South Carolina 1976, as amended, allocation of the assessed value of property within the
Park to Spartanburg County and Cherokee County and to each of the taxing entities within the
Counties shall be identical to the percentage established for the allocation of revenue received and
retained by the Counties and by each of the participating taxing entities therein pursuant to Paragraphs
6 and 7 respectively and any ordinance enacted by Spartanburg County or Cherokee County which
provides for the allocation or distribution of such revenue, subject, however, to the provisions of
Section 4-29-68(E) of the Code of Laws of South Carolina, 1976, or any successor legislation.
10.
Ordinance and Law Enforcement Jurisdiction. The ordinances of Spartanburg
County and Cherokee County, and any applicable municipality, concerning zoning, health and safety
regulations, and building code requirements will apply for the respective portions of the Park in
Spartanburg County and Cherokee County. Furthermore, the Sherriff’s Departments of Spartanburg
County and Cherokee County as well as any police department of any applicable municipality will
have jurisdiction to make arrests and exercise all authority and power within the boundaries of the
respective portions of the Park in Spartanburg County and Cherokee County.

Page 48 of 118

11.
Emergency Services. All emergency services in the Park shall be provided by those
emergency service providers who provide the respective emergency services in that portion of the
Host County.
12.
South Carolina Law Controlling. This Agreement has been entered into in the State
of South Carolina and shall be governed by and construed in accordance with South Carolina law,
including for example, the availability and application of credits as permitted by Section 12-6-3360
of the Code.
13.
Records. The Counties covenant and agree that, upon the request of either, the other
will provide to the requesting party copies of the records of the annual tax levy and copies of the
actual tax bills, for parcels of property encompassed by this Agreement, and will further provide
copies of the County Treasurer’s collection records for the taxes so imposed, all as such records
become available in the normal course of County procedures. It is further agreed that none of the
parties shall request such records from any other party more frequently than once annually, absent
compelling justification to the contrary.
14.
Severability. In the event and to the extent (and only to the extent) that any provision
or any part of a provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable the remainder of that
provision or any other provision or part of a provision of this Agreement.
15.
Counterpart Execution. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original, and all of which, taken together, shall constitute but
one and the same document.
16.
Termination. Notwithstanding any provision of this Agreement to the contrary,
Spartanburg County and Cherokee County agree that this Agreement may not be terminated by either
party prior to December 31, 2076.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW

Page 49 of 118

WITNESS our hands and seals as of this ___ day of

, 2026.

SPARTANBURG COUNTY, SOUTH CAROLINA

By:

B. Cole Alverson
County Administrator
Spartanburg County, South Carolina

(SEAL)
ATTEST:

Clerk to County Council
Spartanburg County, South Carolina

Page 50 of 118

WITNESS our hands and seals as of this ___ day of ________, 2026.
CHEROKEE COUNTY, SOUTH CAROLINA

By:

Marvin Bishop
County Administrator
Cherokee County, South Carolina

(SEAL)
ATTEST:

Clerk to County Council
Cherokee County, South Carolina

Page 51 of 118

Exhibit A
Spartanburg County Property Description

PARCEL NUMBERS TO COME
PARCELS ARE LOCATED WITHIN THE BLOCK BETWEEN WEST BROAD
STREET, SOUTH SPRING STREET, WEST KENNEDY STREET, AND SOUTH
CHURCH STREET INSIDE THE CITY OF SPARTANBURG.

Page 52 of 118

Cherokee County Property Description
None as of __________, 2026

Page 53 of 118

CITY OF SPARTANBURG

)

COUNTY OF SPARTANBURG

)

STATE OF SOUTH CAROLINA

)

INTERGOVERNMENTAL AGREEMENT
CONCERNING JOINT USE OF GOVERNMENT FACILITIES
This Intergovernmental Agreement (the “Agreement”) is made and entered into by and
between THE CITY OF SPARTANBURG, SOUTH CAROLINA, a South Carolina municipal
corporation (“City”) and SPARTANBURG COUNTY, SOUTH CAROLINA, a body politic and
corporate and a political subdivision of the State of South Carolina (“County”) (the City and the
County may also be referred to herein as a “Party or collectively as “Parties”).
RECITALS:
WHEREAS, Article VIII, Section 13 of the South Carolina Constitution and Section 4-941(A) of the Code of Laws of South Carolina, 1976 as amended (the “Code”), provide that any
county, incorporated municipality, special purpose district, or other political subdivision may
provide for the joint administration of any function and exercise of powers and the sharing of the
costs thereof; and
WHEREAS, the voters of Spartanburg County voted in favor of capital project sales tax
referendum to fund a series of public facility projects to include a joint County and City
Administrative Building to replace the aging County Administration Building and City Hall (the
“Facility”);
WHEREAS, it was the intent of the voters to efficiently, effectively and conveniently serve
the residents of this County by sharing spaces and preventing duplication of taxpayer funded
resources and assets;
WHEREAS, both Spartanburg County and City Councils voted to approve the construction
of the facility and to locate the Facility on the block formerly housing City Hall and adjacent to
the County Library in order to bolster the vibrancy of downtown Spartanburg and to make highest
and best use of publicly funded parking infrastructure;
WHEREAS, both the Spartanburg County and City Councils acknowledge the shared
benefits of productive partnership and desire to strengthen those lasting relationships through clear
communication, joint responsibility, honest dealing, and commitment to lasting positives outcomes
for the community;

Page 54 of 118

WHEREAS, the County and City of Spartanburg desire to ensure that the voter-approved
investment in this joint project is properly maintained to a high standard and remains focused on
providing a high level of customer service;
WHEREAS, the County and City of Spartanburg understand that each body respects and
observes the autonomy of the other and commits to continuing this practice through thoughtful
policy making and long-term planning and mutual respect; and
WHEREAS, the County and City of Spartanburg desire to outline shared commitments for
the occupation, operation, maintenance, security and ongoing financial responsibility associated
with the Facility;
NOW THEREFORE, in consideration of the mutual covenants of the Parties and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
County and City of Spartanburg enter into this Intergovernmental Agreement.
ARTICLE I
THE FACILITY; OWNERSHIP; CONVEYANCE; COMPLETION; TERM
1.1
The City shall convey to the County in one or more transactions fee simple ownership to
the real property described on Exhibit “A” attached hereto and incorporated herein by reference
(the “Property”) for the development and construction of the Facility by the County generally as
shown on the site plan attached hereto as incorporated herein as Exhibit “B” to this Agreement
(the “Site Plan”). Said conveyance shall be subject to the SCDES Voluntary Cleanup Contract (the
“VCC”) and other customary matters of title which do not interfere with the construction of the
Facility on the Property.
1.2
Upon completion of the Facility, the County shall record a master deed and create
horizontal property regime under Section 27-31-10 of the Code and cause one (1) floor of the
Facility to be conveyed to the City for its administrative offices and other functions. Use of shared
space and common space shall be in accordance with Section 3.11 of this Agreement.
1.3
An approximately 950 stall parking structure shall also be constructed in connection
with the Facility as shown on the Site Plan attached hereto (the “Parking Structure”). The Parties
shall cooperate and work together in good faith to develop rules and regulations for the use and
operation of the Parking Structure ensuring that the Parties have adequate and protected access to
the same for their respective public uses as set forth in Article VI – Parking Structure Management.
1.4
The Parties also agree and acknowledge that a portion of the Property shall be conveyed
to a third-party multi-family developer; said conveyance to be made subject to the VCC and the
terms and conditions of a Development Agreement between the third-party developer and the City.
1.5
In connection with the completion of the Facility on the Property, the Parties agree to
reasonably cooperate with any necessary development needs such as road closings, expedited
development reviews and permitting, waiver of permit fees, and expedited review and cooperation
2

Page 55 of 118

in the execution of any contracts, leases, licenses, or additional intergovernmental agreements
needed in connection with the construction of the Facility on the Property.
1.6
The term of this Agreement shall commence on the date the last signature is affixed hereto
below (the “Effective Date”) and shall continue for so long as the Facility is occupied in whole or
in part by the Parties and serves as their administration offices and/or other public use / public
service facility (the “Term”).
ARTICLE II
PUBLIC USE
The Parties acknowledge and agree that (i) the City shall own fee simple title to one (1) floor of
the Facility and the County shall own fee simple title to the remainder of the Facility; (ii) the entire
facility may only be used for public Public Purposes (the “Use Restriction”); (iii) neither party
may sell, assign, lease or otherwise convey any interest in all or any portion of the Facility in
violation of the Use Restriction; (iv) any sale, assignment lease and/or conveyance is subject to
the terms and conditions of this Agreement; and (v) any sale, assignment, lease or conveyance of
all or any portion of the Facility by a Party in violation of the Use Restriction shall be void ab
initio. Use of shared space and common space shall be in accordance with Section 3.11 of this
Agreement.
Public Purposes is defined as that use of the Facility by the City as its City Hall and by the County
as its primary administrative facility, and no other purposes. Ancillary uses shall be subject to the
mutual written approval of both Parties.
Additionally, the Parties hereby grant to each other an option to purchase their respective interests
in the Facility (the “Reciprocal Option”). The Reciprocal Option may be exercised in the event
that either Party desires to sell its respective interest in the Facility to a third-party or in the event
of an attempted sale in violation of this Agreement (the “Triggering Event”). In such event the
transferring Party shall notify the non-transferring Party in writing of the desired transfer or
attempted transfer and the non-transferring Party shall have thirty (30) days after written notice of
the Triggering Event to exercise its Reciprocal Option. The Reciprocal Option purchase price shall
be the fair market value of the real property interest in the Facility to be transferred as determined
by an appraisal obtained by the non-transferring Party and performed by an MAI commercial
appraiser licensed in the State of South Carolina. Such appraisal shall take into account the fair
market value of the transferred real property interest in the Facility, but shall not take into account
the value attributable to any common elements or limited common elements associated with the
transferred real property interest created under the horizontal property regime.
ARTICLE III
FACILITY OPERATIONS AND SECURITY
3.1
Hours of Operation and Closures. The Facility will be open to the public Monday
through Friday 8:00 AM EST to 5:00 PM EST except as otherwise noted below:
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(i)

Observed Holidays.
The Facility will be closed to the public on the following recognized holidays:
New Year’s Day
Dr. Martin Luther King Jr. Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve
Christmas Day
Day after Christmas

Before January 1st of each calendar year, the County’s Human Resources Director (or other
designated official) will draft a proposed holiday calendar which will be provided to the County
Administrator and City Manager for joint approval.
Generally, holidays falling on the weekend will be observed as follows:
Should one of the observed holidays fall on a Saturday, the preceding Friday will be observed as
the holiday closure.
Should one of the observed holidays fall on a Sunday, the succeeding Monday will be observed as
the holiday closure.
It is acknowledged that in some years, these protocols may constrict available days for taxpayers
to pay real estate and vehicle taxes by the end of the calendar year. Deviation from the standard
treatment of observed holidays may be warranted in these cases. In order to assess the customer
service impact, the County Human Resources Director (or other designated official) will receive
input from the County Treasurer and consider that input as part of his/her recommended holiday
calendar.
Once adopted, the joint holiday calendar for the year will not be changed except in times of
declared emergency. Should either Party choose to observe a holiday outside of the listing
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contained herein, the Facility and the publicly accessible areas of the Facility will remain open to
the public. The individual Party choosing to close may close their offices at their discretion. In the
event of this occurrence, both Parties will work in good faith to coordinate public messaging in
order to provide the greatest level of clarity to the public on which services and offices will be
available. The list of observed holidays may be jointly amended in accordance with the
amendment provisions hereof.
(ii) Inclement Weather Closures and Delays.
From time-to-time, it may be in the public’s and the Parties’ best interest to close the Facility and
grounds due to inclement weather or emergency. In those instances, the following closure protocol
will be observed:
(a)
The County Administrator will confer with the County Director of
Emergency Services and other relevant authorities to assess the risk to the public and employees
within 24 hours of the anticipated closure. On the basis of the then-available information on road
condition and risk, and considering the recommendation of the County Director of Emergency
Services, the County Administrator will have the authority to close the Facility to the public.
(b)
or his/her designee.

Notification of any closure decision will be provided to the City Manager

(c)
Any Facility closures will be communicated to County and City personnel
utilizing the inclement weather call tree within the County’s emergency notification system
(reverse 9-1-1). Such correspondence will communicate the closure of the Facility and refer
employees to their supervisors for any alternate work assignments.
(d)
It will be the responsibility of the County’s Office of Emergency Services
to update the inclement weather call tree from time-to-time, but not less often than annually. It
will be the responsibility of the County and City, respectively, to ensure that any needed updates
to the inclement weather call tree be provided to the Office of Emergency Services.
(e)
It will be responsibility of the County Communications Manager and
Director of Emergency Services to notify media outlets of the Facility closure.
(iii)

Extended Building Closures.

From time-to-time, it may be in the public’s and the Parties’ best interest to close the Facility and
grounds due to natural disaster, pandemics, or other emergencies. In those instances, the following
closure protocol will be followed:
(a)
The County or the City may, at the direction of its respective Council
through emergency declaration or other official action, choose to close its own offices.

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(b)
Should both Parties’ governing bodies decide that a closure is in the public’s
best interest, the Facility and grounds will also be closed.
(c)
Should one Party but not both Parties, choose to close their respective
offices, the Facility will remain open to the public or in a modified operational status.
(d)
The least restrictive operational status of either Party will govern the status
of the public areas of the Facility and grounds.
(e)
In no instances will the decision of one Party govern whether the other
Party’s individual offices are operational.
(f)
The County Administrator and the City Manager, or his/her respective
designees, will work in good faith to communicate the operational status of the Facility to the
public to try to achieve the highest level of clarity possible.
3.2
Emergency Sheltering. The Facility will not be used as a temporary or permanent shelter
except by emergency declaration of both Parties. Should an emergency declaration of both Parties
cede authority to the County Administrator and City Manager, respectively, both must agree to
emergency sheltering prior to the use of the Facility for such purposes.
3.3

Building Security

(i)
The County will, through its Sheriff’s Office, Detention Facility, or through private
contract, staff a building security team. It will be their principal responsibility to screen members
of the public and employees for weapons or other hazards and to prevent those items from entering
the Facility. In the event the City is open and the County is closed, the County will staff the
building security team and the City may be required to reimburse the County for the staffing cost.
(ii)
The City may choose, through its own resources and at its own expenses, to
supplement the level of security staffing provided for the building by the County.
(iii) Security staffing will be responsible for operating the building’s weapons screening
equipment, monitoring camera systems, checking security of access points, responding to onpremise security or disturbance instances and other tasks necessary to ensure a safe Facility and
grounds.
(iv)
All security equipment including weapons screening system, camera systems, panic
alarms, etc. will be incorporated into the Facility capital and equipment replacement program
where costs will be jointly allocated to the parties based upon their Allocated Percentages (as
defined herein).
(v)
Spartanburg County 9-1-1 Communications will dispatch City Police, City Fire,
Spartanburg Emergency Medical Services and any other responders as warranted or desired for
any emergencies occurring within or about the Facility and grounds for which they are contacted.
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(vi)
At no time, will any public safety agency rely on County or City building security
staff or contractors to respond to emergencies for which 9-1-1 is contacted. However, nothing
shall prevent building security from responding to emergencies in the Facility.
3.4

Parking Structure Security.

(i)
The County will, through its Sheriff’s Office, Detention Facility, or through private
contract, staff a security officer(s) for the Parking Structure to increase the public and Parties’
employee safety.
(ii)
Parking Structure security services will be provided from 7:00 AM to 7:00 PM
Monday through Friday, except when the building is closed per the closure protocols.
(iii) The City may, through its own resources and at its own expense choose to
supplement security resources provided by the County.
(iv)
The City will, through its Police Department or private contract, patrol the parking
structure and monitor security systems during times not covered by County security resources to
increase the public safety of the Parking Structure.
3.5
Facility Access Control. The Facility’s access control system and key control system will,
at all times, be managed by the Facility security team, principally staffed by County resourced
personnel according to the following:
(i)
County or City employees whose primary work location is in the Facility will be
issued Level 1 access to the Facility which will be comprised of 7:00 AM to 7:00 PM external door
access Monday through Friday (except for holidays and other closures).
(ii)
County or City employees whose primary work location is not in the Facility may
be provided with a Level 2 access to the Facility which will be comprised of 8:00 AM to 5:00 PM
external door access Monday through Friday (except for holidays and other closures).
(iii) County or City employees whose primary work location is in the Facility and whose
work requires or is expected to require frequent Facility access on weekends, before 7:00 AM or
after 7:00 PM may be issued a Restricted Level access to the Facility. This level of access will be
tailored to the needs of the employee as governed by the unique work requirements. Any
Restricted Level access will require approval by both the County Administrator and City Manager
except that neither may restrict access for the following (collectively “Un-restricted Employees”):
County Council
City Council
County Administrator, Deputy County Administrator, Assistant County Administrator
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County Attorney, Deputy County Attorney, Assistant County Attorney
City Manager, Deputy City Manager, Assistant City Manager
City Attorney
County Treasurer
County Auditor
Administrative Services Director (Facility Manager)
On-Call Facilities Management Personnel
Facility Security Team
Facility access will be reviewed and revised periodically by the Facility security team and not less
often than annually.
3.6

Employee Termination.

(i)
The County and City will each develop a procedure for the prompt notification to
the Facility security team of all employee terminations, voluntary or involuntary. Should either
Party fail to develop and follow a protocol which provides prompt notification, the Facility security
team may, in its sole discretion, determine that such failure compromises the safety and security
integrity of the Facility and its occupants. Should such an assessment be made, the Facility security
team may suspend access control devices of the entity and require all employees, except Unrestricted Employees to access the Facility only from public access points during regular business
hours. Additionally, if such a failure occurs, the County Administrator and the City Manager shall
work in good faith to quickly restore security protocols.
(ii)
Either the County or City may choose to notify the Facility security team and
suspend an employee’s access in advance of termination when, in its sole discretion, a heightened
security approach is warranted.
3.7
After Hours Employee Gym Access. Level 1, Level 2, and Restricted Level Access holders
may be provided with limited after-hour and weekend access to the employee fitness center to be
located within the Facility. Access shall not be provided unless a current waiver and consent form
is on file with the County Risk Manager.
3.8
On-Premises Protests. The Parties recognize that from time-to-time, members of the public
may choose to peacefully assemble at the Facility or on the Facility grounds for the purposes of
public demonstration or protest. In order to maintain a safe and secure Facility and observe the
public’s right to peacefully assemble and protest, a picketing permit as required by the City’s Code
of Ordinances section 30-12 will be required. All conditions of the public picketing permit must
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be met and applicable code section(s). Upon receipt of a picketing permit application for the
building and grounds, the City will promptly notify the Facility security team and County
Administration for general awareness.
Assemblers will not be allowed to:
Block or impede access to the Facility through any of its entrances,
Block or impede pedestrian paths from the Parking Structure to Broad Street, or along
Broad Street to the primary entrance.
Block or impede vehicle or pedestrian access to the Parking Structure through any entrance
or travel path within the parking structure.
Block or impede the public plaza, its walkways and fire access roads.
Block or impede vehicle queue and pay lanes within the Parking Structure.
Block or impede vehicle and pedestrian access to the ADA drop off area.
Block or impede vehicle and pedestrian access to Drive Up Voting.
Block or impede public roadways as a means to prevent vehicular access to the Facility or
Parking Structure.
Interfere with the public’s or employees’ ability to access the Facility.
Threaten, harm or harass any member of public or County and City employees and officials
in violation of the law.
Damage any property, public or private.
Should assemblers violate any terms of the City’s picketing permit or fail to abide by the preceding
requirements, the Facility security team will be authorized to trespass responsible parties and
coordinate with law enforcement removal of from Facility grounds or other enforcement action as
determined appropriate by law enforcement.
3.9
Law Enforcement Jurisdiction. Both the City of Spartanburg Police Department and the
Spartanburg County Sheriff’s Office will have jurisdiction over the Facility, Parking Structure and
grounds. If necessary, separate agreements between the City, County, County Sheriff’s Office and
City Police Department will be executed.
3.10 Public Displays. Only flags of the United States of America, the State of South Carolina,
Spartanburg County and the City of Spartanburg shall be flown at the Facility unless both Parties
mutually agree otherwise. Flags shall only be flown at half-staff with direction from the U.S.
Government or the South Carolina Governor’s Office. Temporary signage or signage promoting
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local events to be displayed in the public areas of the Facility must be approved in advance by both
Parties. All temporary signage will adhere to a standard approved by the County Administrator
and City Manager. Any visual artistic work including sculptures, paintings, photographs, murals,
and the like to be displayed or installed on the grounds, in the Facility, within the plaza, or within
publicly accessible areas of the Facility must be jointly approved in writing by the County
Administrator and City Manager. This includes but is not limited to banners hung from light poles
on the grounds or the rights-of-way of the immediately adjacent streets. The consent of the other
Party shall not be required for any such displays located within the privately controlled areas of
the Facility provided that they cannot be seen on the public areas of the Facility.
3.11

Common / Public Areas Scheduling & Coordination.

(i)
The County will be responsible for scheduling of all common public spaces within
the Facility to include meeting rooms, chambers, lobby space, training rooms, fitness classrooms,
the outdoor public plaza, and the like except for those meeting spaces within the City’s owned and
controlled condominium unit. The County and City may agree to share spaces as appropriate.
(ii)
The County will manage a calendar system to coordinate bookings and will provide
a singular point of contact for all departments within the City and the County. Departmental heads
will be responsible for requesting a booking of such common public spaces.
(iii) The County will endeavor to accommodate requested bookings to the extent that
the space is available. Should the space not be available, the County will use its best efforts to
identify an alternate space suitable for the requested purpose.
(iv)
Facility if:

In the County’s sole discretion, it may deny a request to utilize a space within the

(a)
Its booking will interfere with the activities of or access to high volume
customer service departments (Treasurer, Auditor, Assessor, Register of Deeds, Tax Collector,
Voter Registration, etc.).
election.

(b)

Its booking will interfere with the conduct or preparation for conduct of an

(c)
Its booking will interfere with the orderly conduct of public meetings to
include County and City Council Meeting and their respective boards and commissions according
to their publicly advertised schedules.
(d)
Its booking will interfere with the public’s ability to access elevators,
restrooms, and stairwells necessary for conducting business within the Facility.
(e)
Its booking will interfere with the operation of the Parking Structure or
impede the public’s access to the Parking Structure, plaza or Facility.
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(v)
The County and City agree to abide by the meeting calendar system and agree that
the party displayed within the calendar system for the appointed area and timeframe will have sole
occupancy over the space for the specified time frame.
(vi)
scheduled.

The County will provide confirmation to the requestor of the booking when

(vii) Should a space be requested by multiple parties the following priority will be
followed regardless of when the request is made:
County Council
City Council
County Administration
City Administration
Voter Registration for the conduct of an election
Treasurer, Auditor and Assessor as directly relates to lobby areas and conference spaces
immediately adjacent to their departments and during the tax collection season. The tax collection
season will be defined as November 15th - January 20th and the 27th – 31st of each month of the
calendar year.
County & City Boards and Commissions
basis.
basis.

All other department requestors housed within the Facility on a first-come, first-served
All other department requestors not housed within the Facility on a first-come, first-served
Outside groups.

(viii) The City will be responsible for scheduling the conference rooms and other spaces
contained within its condominium unit.
3.12 Use of the Facility by Outside Groups. From time-to-time use of public meeting space
may be made available to outside groups provided that:
(i)
The use of the meeting space does not interfere in the conduct of public business of
any sort, whether by the County or the City
(ii)
The use of the meeting space does not create an undue burden on the security team
or compromise the security integrity of the Facility.
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(iii) The use of the meeting space is not for the conduct of private for-profit business,
except where its use is at the request of the County or City for a public purpose (e.g. employee
benefits enrollment, contractor facilitated listening sessions, etc.)
(iv)
The use of the meeting space does not create a condition of excessive facility wear,
require additional cleaning, or special conditions placed upon the County or City (e.g. special
furniture set-ups, audio visual requirements, etc.)
(v)
The use of the meeting space is not for partisan purposes, unless all partisan groups
are afforded the same opportunity to book space.
(vi)
Space will be allocated on a first-come, first-served basis, provided the space is not
otherwise needed for the conduct of public business.
(vii) The County may establish a rental rate and/or security fee for the use of public
meeting space by outside groups. Such rates must be approved as part of the County’s annual fee
ordinance.
3.13

News conferences, media interviews, photoshoots, etc.

(i)
Neither the County or the City may use the logo or seal of the other without its
express written permission.
(ii)
Neither the County or the City may hold news conferences, media interviews,
photoshoots, and the like where the likeness of the building and its identifiable spaces, plaza, and
grounds will be visible. However, photoshoots may occur if approved by both the County
Administrator and the City Manager.
(iii) Nothing shall prevent the County and City from jointly holding news conferences,
media interviews, photoshoots displaying the likeness of the building and its identifiable spaces,
plaza and grounds.
(iv)
Nothing shall prevent the County and the City from jointly providing images of the
building and its identifiable spaces, plaza, grounds and parking structure for community based or
other promotional reasons, provided that such approvals are in writing.
(v)
Nothing shall prevent the County or the City from utilizing images of the building
and its identifiable spaces, plaza, grounds and parking structure for directional purposes.
(vi)
Nothing shall prevent the County or the City from identifying a designated media
space within the building where its own logo and/or seal is presented for the purposes of news
conferences, media interviews, photoshoots provided that such space shall not be identifiable as
being part of the building and grounds.

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(vii) Nothing shall prevent the media from attending public meetings in any designated
Council Chambers where images of the chamber(s) may be captured as a byproduct of their
reporting.
ARTICLE IV
FACILITY MAINTENACE AND REPAIRS; INSURANCE;
4.1
Building Maintenance. The County’s Facilities Maintenance Department will be primarily
responsible for ongoing maintenance, repairs and upkeep of the Facility and grounds to include
landscaping services. The County may choose to self-perform some or all of these services
provided that its personnel have the technical skills, talents and licensure to do so. The County
will acquire permits for all work requiring permits from the appropriate level of government(s)
prior to commencement of work. To the extent that a permit is required from the County of
Spartanburg, costs for those permits will be waived. To the extent that a permit is required from
the City of Spartanburg, costs for those permits will be waived. Costs of any other required permits
will be shared according to the capital cost share methodology set forth herein, to include any
annual licenses required to operate the Facility and grounds.
(i)
The County will endeavor to maintain the Facility and grounds in a manner
commensurate with other Class A office facilities and high-profile public spaces.
(ii)
The County will competitively procure all work and products necessary for the
upkeep of the Facility, plaza, grounds, and Parking Structure following the requirement of the
County’s procurement ordinance. The County may not utilize any vendors which have been
previously debarred by the County or the City from conducting work with the respective body.
(iii) All maintenance costs will be accounted for separately and such accounting will be
made available to the City upon request, within a reasonable amount of time necessary to generate
such information or provide access to such information.
(iv)
The County will develop a budget and a Five (5) year capital improvement plan for
the Facility, plaza, grounds, and Parking Structure annually which will be submitted to the City for
its review and input as outlined in the capital cost share methodology set forth herein.
(v)
The County will develop a maintenance schedule for the Facility, plaza, Parking
Structure, and grounds which will be shared with the City for its review. Such schedule may be
updated from time-to-time and will include a schedule of maintenance activities to be conducted
on a periodic basis.
(vi)
The County will make available to the City and other Facility occupants a system
for submittal of work order requests.

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(vii) The County will designate an after-hours and weekend/holiday on-call maintenance
technician. This technician will be responsible for receiving and handling any Facility related
emergency repairs. Contact information for the designated individual(s) will be provided to the
Facilities’ occupants and a communication protocol shall be developed.
(viii) To the extent reasonably possible, the County’s Facility Maintenance Department
will notify the County and City departments housed within the Facility of any planned system
outages or repairs that would reasonably impede work within the Facility. It is acknowledged that
due to the nature of system breakages, not all repairs will be able to be planned in advance. In
these cases, the County Facility Maintenance Department will provide the impacted departments
with its assessment of system interruption and downtime, to the best of its ability and knowledge.
(ix)
The Facility Maintenance Department will endeavor to complete invasive repairs
after-hours and on weekends to minimize the impact.
(x)
The County’s Risk Management Department will be primarily responsible for
ongoing janitorial service and Facility and grounds cleanliness.
(xi)
The County will develop a janitorial schedule for the Facility, plaza, grounds and
Parking Structure which will be shared with the City for its review. Such schedule may be updated
from time-to-time and will include a schedule of janitorial activities to be conducted on a periodic
basis (daily, weekly, monthly, quarterly, and annual cleanings).
4.2

Insurance.

(a)
The County will adequately insure the Facility, Parking Structure, plaza and
grounds and their respective fixtures against property loss and damage. Such insurance will be
sufficient to cover the replacement cost of these elements to include their fixtures.
(b)
Should a property loss occur, the County will maintain the right to determine
whether to file a claim with the insurance carrier for the loss. In either event, the County will
ensure that the loss is replaced or repaired on a timely basis, unless both the County Administrator
and City Manager agree that such replacement or repair is not necessitated.
(c)
The County Risk Manager will be responsible for all claims processing, insurance
invoice payment, and coordination of information submittals to the insurance carrier for the
purposes of acquiring, keeping, or utilizing property loss and damage insurance.
(d)
The cost for such coverage will be included as part of the capital cost sharing
methodology set forth herein.
(e)
The County will have sole discretion to choose its insurance carrier and insurance
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(f)
The County will insure the contents of the Facility Parking Structure, plaza and
grounds (to the extent there are insurable contents), except that it will not be responsible for
providing insurance for the contents within the City-owned condominium.
(g)
Should the City choose and the County consent, the City may elect to insure the
contents of its condominium through the County’s policy, but the City will be solely responsible
for such additional cost as well as any deductibles attributable to claims associated with such
coverage. The City will also be responsible for all claims and administrative processes related to
any policies outside of the County policy.
(h)
The City will have sole discretion to choose its own insurance carrier and insurance
policy terms to include deductibles.
(i)
Throughout this Agreement both Parties agree to obtain and keep in full force and
effect full liability insurance coverage with limits of not less than One Million and 00/100 Dollars
($1,000,000.00) per occurrence and Five Million and 00/100 Dollars ($5,000,000.00) in the
aggregate with notice of cancellation. If there are increases to the amount recoverable under the
South Carolina Tort Claims Act, the Parties agree that the above limits shall be increased pro-rata
by rounding up to the nearest million dollar increment. The Parties agree to look first to all
available insurance policies for coverage for any claim made and to the extent there is insufficient
insurance each Party shall be responsible for the actions or inactions of its respective employees,
, contractorsand vendors, subject to the limitations of the South Carolina Tort Claims Act, S.C.
Code §§ 15-78-10 et seq., as amended.
ARTICLE V
EMPLOYEE HEALTH CLINIC; MANAGEMENT
5.1
Healthcare Services. The County will contract with Spartanburg Regional Health Care
System (SRHS), or other qualified primary care medical services provider to professionally staff
the employee health clinic to be located within the Facility (the “Clinic”). The County will also
contract with SRHS or other qualified provider to provide other employee wellness services (the
“Wellness Services”) (collectively, the Clinic and the Wellness Services shall be referred to herein
as the “Health Services”). From time-to-time, the County may bid or otherwise pursue a new
contract for provision of the Health Services. The County and City will jointly work to develop a
scope of offered Health Services and select the contractor. A panel of County and City designees
(the “Panel”) will develop a scope of the Health Services, review proposals and select the desired
contractor. The County and City will have representation on any such Panel proportionate with
their participant populations. The Panel may jointly decide to hire employees to provide any or
all of these services rather than utilizing the SRHS or other third-party contractors. These
employees would be hired as employees of the County, but the total costs of such employees
(including all employment benefits) shall be shared by the Parties consistent with the cost-sharing
methodology set forth herein.
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5.2

Eligible Participants. The following shall be the eligible Health Services participants:

(i)
All current County and City employees who are eligible for healthcare benefits
according to the benefits eligibility guidelines of each respective organization shall be eligible for
the Health Services.
(ii)
Any retirees of the County and City who were eligible for health care benefits at
the time of retirement and who currently maintain those benefits.
(iii) All spouses and dependents of benefits-eligible employees who are on each
organization’s respective health care plans and who are over the age of 16.
The following are Non-Eligible:
(i)
Non-employee members of the public are not eligible to be seen or treated at the
employee health clinic.
(ii)
Should a member of the public request medical assistance from the Clinic, contract
staff will provide reasonable efforts to assist the member of the public with information necessary
for him/her to find a medical provider.
(iii) If a medical emergency occurs at the Facility involving a non-employee member of
the public, contract staff will be authorized to conduct any life-saving efforts up to the extent of
their training and licensures until such time as Spartanburg Emergency Medical Services arrives
for treatment and transport. This includes, but is not limited to operation of an automatic external
defibrillator, CPR, application of blood clotting devices, etc.
5.3

Other Contracted Entities

(i)
The County and City may, from time to time, jointly agree to enter into an
agreement with other public entities to provide Health services to their employees, retirees and
eligible spouses and dependents subject to the other guidelines provided herein. It is agreed that
County and City employees, retirees, and covered spouses and dependents will always remain the
primary patient population. Any agreement entered into by the County and City to expand the
patient population will only be pursued to (1) reduce the net cost to each respective entity for the
service; (2) improve the efficiency and utilization of the employee health clinic; or (3) expand the
level of service offered to County and City employees and eligible patients.
(ii)
Should such contractual relationship, in the opinion of the County Administrator
and City Manager, begin to impair the ability of County and City eligible patients from accessing
care in a timely manner, or impair the quality of the care received, the County and City may elect
to jointly terminate such contractual relationship. Any contracts jointly agreed to by the County
and City to provide care to another public entity will include termination language that allows the
County and City to jointly terminate with not more than 30-days’ notice.
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5.4
Pro-rata cost share for Health Services. Notwithstanding the cost-sharing methodology for
other operational expenses and capital expenses set forth in Article VII hereof, the cost-sharing
between the Parties for Health Services shall be addressed as follows:
(i)
The County and City will jointly share all costs of the Health Services (Clinic, staff,
wellness services, etc.), on a pro-rata “covered lives” basis calculated using the total covered lives
of all County and City employes as the denominator and the covered lives of each of the City and
the County respectively as the numerator to calculate their respective pro rata share (the “Health
Services Contribution Share”). For the purposes of calculating covered lives, each eligible
employee, retiree, spouse, dependent or other eligible patient will be counted as 1 (one) life
regardless of their actual use of the service. There will be no other additional cost-sharing basis
for pre-employment drug screens or other services.
(ii)
The County and City will, from time-to-time, agree on elective charges that may be
passed along to employees and other eligible patients (e.g. voluntary vaccinations for non-eligible
spouses of employees). It is envisioned that this list of elective charges would be commensurate
with the additional cost of providing the Health Services that would not have otherwise been
offered as part of the contract with Spartanburg Regional Health Care System or other chosen
provider.
(iii) Should the County and City choose to contract with another public entity as
previously specified in Section 4.3, the revenue from the contract will only be used to reduce the
pro-rata cost to each entity.

5.5

Clinic Hours of Operation.

(i)
The Clinic will be open and operational on the same schedule as the Facilities
normal operating hours and days. There will be no difference in observed holidays, except where
one entity observes a holiday that the other entity does not. In this case, the Clinic will remain
operational and open to provide service to the working employee base.
(ii)
The Clinic will, from time-to-time, need to be closed temporarily to dedicate staff
to vaccination clinics, mass screenings, lunch & learns, etc. It is expected that any temporary
closures not due to illness or absence will be directly related to provision of another health care
related service to County and City employees.
(iii) The Employee Health Clinic may, from time-to-time, need to be closed for
decontamination activities that preserve the health and wellness of eligible patients. Both parties
will endeavor to ensure that closures due to decontamination will be made as briefly as possible,
provided that the area is safe for occupation and manufacturer guidelines for cleaning have been
followed.
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5.6

Operations

(i)
The Clinic contract will be managed by the County’s Human Resources Director,
or other designee of the County Administrator. Any concerns or grievances from City, County, or
eligible patients should be addressed to the County’s Human Resources Director. Should the
concern or grievance not be addressed in a satisfactory manner, an escalation protocol will be
observed.
(ii)
The County’s Risk Manager will have principal responsibility for overseeing,
monitoring and enforcing safety related matters pertaining to the Clinic. Any incidents will be
immediately reported directly to the County Risk Manager.
(iii) The Employee Health Clinic will endeavor, to the extent reasonably possible, to
keep sick and well patients separate. It is expected the sick patients, particularly those not assigned
to the building, will use the separate, external entrance to help minimize risk of spreading illness
amongst the employee base.
(iv)
For appointment scheduling purposes, employees, regardless of entity affiliation,
will be given priority over other eligible patients.

5.7

Employee Wellness Services

(i)
The selected contractor will provide the Wellness Services focused on improving
the health, wellness, mental health and general well-being of employees. These programs will be
open to all employees of the County and City, regardless of their eligibility for health care benefits.
(ii)
The contractor will focus on prevention and treatment of chronic illness (diabetes,
high blood pressure, cardiovascular health, etc.), leading healthy lifestyles (smoking cessation,
healthy foods, exercise, etc.), financial wellbeing (personal finance, budgeting, saving for
retirement, etc.) stress management, preventing injury, and other services related to the individual.
(iii) It is not expected that the contractor will provide team building, employee
engagement, or employment culture related services except as they also and primarily relate to
employee wellness.
(iv)
Traditional risk management activities are not expected to be part of the Wellness
Services. Each entity’s respective Risk Management Department will be responsible for employee
safety, worker’s compensation management, and related services.
5.8

Prohibited Services.

(i)
The Clinic will not be used for employment related injuries or worker’s
compensation evaluations and treatments.
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(ii)
participants.

The Clinic will not be used for treatment services for anyone other than eligible

(iii) The Clinic will not be used for psychological evaluations related to employment or
other health related services outside of the contracted services.
(iv)
The Clinic will not provide any services to inmates or detainees, unless they
experience a medical emergency while at the Facility.
ARTICLE VI
PARKING STRUCTURE MANAGEMENT
6.1

Hours of Operation.

(i)
The Public Structure will, at a minimum, be access-restricted via gate or other
mechanism each Monday through Friday, 7:00 AM to 5:00 PM to principally service the business
needs of the Facility.
6.2

Access Control.

(i)
Each entrance to the Parking Structure will be access controlled via gate or other
mechanism, except for the payment drive through area. The City will be principally responsible
for management of the parking management suite (software, equipment, cards, etc.), but agrees to
coordinate with the County to achieve the parking management goals contained herein.
6.3
entry.

Access for the Public.
(i)

Members of the public accessing the Parking Structure will be issued a ticket upon

(ii)
Members of the public who conduct business inside the Facility can validate their
parking ticket at the Facility security check-point upon exiting the Facility in order to eliminate
any parking charges.
6.4

Access for Employees.

(i)
County or City employees with Level 1, Level 2 or Restricted Access to the Facility
will be issued a RFID card, fob, or other similar access device/technology to allow entrance to and
exit from the Parking Structure.
(ii)
County or City employees with after-hours employee gym access may also be
issued access devices/technology.
Issuance of these access devices will be handled coordinated by the Facility security team by and
through the City who will be responsible for management of the parking management suite.
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(iii) Termination of access control permissions will follow the employee termination
protocols addressed herein in Article II hereof.
6.5
Parking Fees. Fees for parking, if any, will be adopted annually as part of the County’s
Fee Ordinance. The County and City agree to coordinate on the establishment of recommendations
for such fees. Any revenues generated from parking fees within the Facility will be used to offset
the costs for maintenance, repair and capital projects related to the Parking Structure.
6.6

Parking Space Restrictions.

(i)
No spaces may be designated as restricted for employee or fleet parking on levels
1, 2 or 3 of the Parking Structure.
(ii)
The County and City will work together, in good-faith, to develop and execute a
plan for time-restricted spaces on levels 1, 2, and/or 3 of the Parking Structure to encourage routine
availability of short-term parking nearest to the garage pedestrian entrance to the plaza for the
conduct of public business.
(iii) As a publicly financed Parking Structure, no rights for exclusive parking privileges
may be granted to any business or individual, except that spaces may be restricted for government
business use and government employee parking.
6.7

Parking Enforcement.

(i)
Enforcement of parking violations will be handled exclusively by the City of
Spartanburg or other contractor commissioned by the City to issue violations. Nothing shall
prevent the City from commissioning individuals from the security team for the enforcement of
parking and related traffic regulations.
(ii)
Any violations will be adjudicated exclusively through the processes used by the
City for any other parking violations within the City.
6.8

Fleet Vehicles.

(i)
County and City Fleet vehicles that are assigned to employees whose primary work
location is at the Facility, will be issued a designated parking location either within the restricted
parking area (for vehicles containing valuables) or on the basement level.
(ii)
With the exception of motor pool fleet vehicles, no other County or City vehicles
will be stored within the Parking Structure unless jointly agreed to by the County Administrator
and City Manager.
6.9

Special Events / Other considerations.

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(i)
Special event parking will be allowed in the Parking Structure, except that no
special event parking will be conducted during the business hours of the building or the conduct
of County or City Council meetings.
(ii)
Special event parking fees and strategies will be developed between the Parties.
Valet services will not be permitted to utilize the parking structure for housing of customer vehicles
unless such service is part of an agreed upon strategy. Valet services which charge a fee will not
be permitted to utilize the Parking Structure for parking customer vehicles.
ARTICLE VII
SPECIAL EVENTS; ROAD CLOSURES AND NAMING
7.1

Special Events and Festivals.

(i)
The County and City will collectively endeavor to minimize the number of special
events and festivals that may impair the public’s ability to access the Facility and grounds for the
conduct of official business.
(ii)
It is acknowledged that the City may, for the purposes of generating tourism and
other types of positive economic or community impacts, desire to host special events and festivals
that would necessitate temporary street closures near and around the site. In the event that such a
special event or festival is held, such event will be subject to the following limitations:
(a)

Events will abide by the Temporary Road Closures provisions below.

(b)

No events will be scheduled on any election day

(c)
No events will be scheduled on a City Council or County Council regularly
scheduled meeting day without approval of the respective City Manager or County
Administrator.
(d)
The County and City will not petition or cause to be closed Church Street
on an election day or within the 15 days prior to a general election or statewide presidential
preference primary.
(e)
From December 27th-31st and January 2nd-17th, unless on a holiday
observed by the County and City.
(f)
The County and City will develop a protocol for management of the Parking
Structure which will be jointly agreed to by the County Administrator and City Manager or their
respective designees and will: (1) ensure that patrons visiting the building for the conduct of
official business are not prevented from accessing convenient parking, (2) access to or operation
of the drive through are not impaired and that employee access to the Parking Structure, and (3)
restricted parking area(s) within the Parking Structure are not impaired
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(g)
A traffic management plan will be developed and executed that will provide
clear direction to the public on ways to access streets leading to the building.
(h)
The Facility may not be used for special event proceedings or as support
facilities for the conduct of the special event. This subsection shall not apply to floors that are
exclusively occupied by the City or exclusively occupied by the County.
special event.

(i)

The Facility may not be designated as restroom facilities for patrons of the

(j)
There will be no amplified music or sound that impairs or interferes with
employees’ ability or the public’s ability to conduct business within the Facility.
Structure.
special event.

(k)

There will be no pyrotechnics within 500 feet of the Facility and Parking

(l)

The Facilities utility connections will not be utilized for support of the

Notwithstanding the foregoing, the County Administrator and City Manager may jointly agree to
deviate from these limitations, provided that a traffic management and routing plan is jointly
developed and authorized to ensure that the public continues to have adequate access to the Facility
and grounds for the conduct of official business.
7.2
Temporary Road Closures. The County and City will collectively ensure, to the extent
reasonably within their authorities, that the following road segments remain open and available to
the traveling public from 7 AM to 6 PM Monday through Friday, except on observed County/City
holidays:
(i)
W. Broad St - from, and including, its intersection with S Spring St. to, and
excluding its intersection with S Church St.
(ii)
S Spring St. - from, and including, its intersection with W Broad St. to, and
including, its intersection with W Henry St.
(iii)

Kennedy St. - in its entirety.

(iv)
S. Church St - from, and including, its intersection with Henry St. to, and excluding,
its intersection with Broad St.
(v)
W Henry St – from, and including its intersection with S Church St. to, and
including S Daniel Morgan Ave.
Nothing contained herein shall limit a government body or public utility from conducting
temporary road closures to conduct infrastructure maintenance, repairs or replacements, except
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that the County and City will jointly endeavor to avoid such temporary closures on an election day
or within the 15 days prior to a General Election or Statewide Presidential Preference Primary; or
from December 27th-31st and January 2nd-17th, unless on a holiday observed by the County and
City.
7.3

Road Reconfigurations, & Permanent Closures, & Road Renaming.

(i) The County and City will not permanently close or petition to be closed any road
immediately adjacent to the Facility unless both the County Administrator and the City Manager
agree to such course of action in writing.
(ii) The County and City will not undertake or petition or cause to be undertaken any
reconfiguration of the roads immediately adjacent to the Facility unless both the County
Administrator and City Manager agree to such course of action in writing.
(iii) The County and City will not rename or cause to be renamed any of the roads
immediately adjacent to the Facility unless both the County Council and City Council agree to
such course of action in writing.
7.4

Naming of Facility or Spaces within the Facility

The naming of the Facility or Spaces within the Facility shall follow the procedures as set forth in
Section 10-4 of the Spartanburg County Code, as amended. However, a name for the Facility or
any Jointly occupied space must be approved by a 2/3rd majority of both the County Council and
the City Council. Approval by both Parties is not required for space occupied by only the City or
the County.

ARTICLE VIII
OPERATIONAL COST-SHARING AND CAPITAL COST-SHARING
8.1
will:

Operational Cost-Sharing Methodology. Not later than April 30th of each year the County

(i)
Provide a proposed budget proposal for maintenance and operations of the Facility
and grounds (to include the administrative building, restricted and Parking Structure, plaza,
grounds, etc. all as shown on the Site Plan attached hereto) (the “Budget”).
(ii)
The Budget will be based upon needed upkeep necessary to maintain to a Class A
office standard and will include best estimates for the following (which when combined will
become the maintenance and repairs budget for routine upkeep of the Facility) (the “Operational
Costs”) :
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(a)
periodic cleanings.

In-house & contractual janitorial services to include daily cleaning a

(b)

Floor stripping & waxing (semiannual).

(c)

Quarterly carpet shampooing.

(d)

Exterior façade cleaning (annual).

(e)

Plaza cleaning and repair (as recommended).

(f)
Major systems maintenance agreements (Chillers, Boilers, Fire Alarms,
Generators, Elevators, Door Lock systems, Security systems, Roofs, Bidirectional Amplification
(BDA) system calibration, trash compactor, roll-up door maintenance, etc.)
(g)

Exterior lighting component replacement (bulbs, ballasts, etc.).

(h)

Exterior lighting leases.

(i)
Grounds maintenance & landscaping costs (routine maintenance, periodic
pruning, fertilizing, replacement of dead plants, seasonal floral plantings, annual mulching, etc.)
(j)

Routine touch-up painting.

(k)

Routine finish repairs.

(l)

Waste removal.

(m)

Daily parking deck security contract.

(n)

Weekly parking deck cleaning.

(o)
allocation of staff.

Building maintenance staff dedicated to Facility, or applicable pro-rata

(p)

Building maintenance and repairs supplies and service costs.

(q)

Estimated contractual repairs cost.

(r)

Building insurance costs.

(s)

Utility estimates.

(t)

Minor equipment replacement.

(iii) The County and City will each be responsible for their respective share of the
Operational Costs on the basis of the percentage of square footage allocated to each entity for
exclusive use within the Facility (the “Allocated Percentage(s)”). The Parties respective Allocated
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Percentages will also apply to all costs associated with all common areas to include non-exclusive
meeting spaces, lobbies, elevators, chambers, the Parking Structure, public meeting rooms,
hallways, etc. which shall be allocated based upon this same ratio. The Estimated Health Services
Contribution Share shall be calculated separately but shall also be included in the Operational
Costs to be funded annually into the Operations Fund.
(iv)
The City and County will jointly fund through their respective budget processes
their respective Allocated Percentages of the Operational Costs and Estimated Health Services
Contribution Share for the Facility and will fund the same into an Operations Fund no later than
June 30th of each year. The “Operations Fund” will be an interest-bearing account held at a
financial institution selected by the Parties.
(v)
The County Allocated Percentage shall be in proportion to the percentage of the
building occupied by the County. The City Allocated Percentage shall be in proportion to the
percentage of the building occupied by the City.
(vi)
The County may request disbursements from the Operations Fund quarterly in
arrears by providing an invoice to the City. Disbursements shall be authorized within thirty (30)
days of invoice unless all or some portion of said invoiced amount is disputed in writing. All
reasonable supporting back-up shall be provided upon written request. Should any amounts be
disputed, the Parties will disburse all undisputed amounts to the County to be applied to the
Operational Costs while the dispute resolution takes place.
(vii) At the end of each fiscal year, the County shall provide a “reconciliation” of actual
Operational Costs incurred against the Budget. A refund of any remaining funds in the Operations
Fund shall be issued to the Parties or any such amounts may be rolled-over into the Operations
Fund for the following year. In the event of a shortfall an invoice shall be provided and shall be
paid within thirty (30) days. The County shall advise the City of any anticipated shortfalls as soon
as practicable.
(viii) The parties shall have reasonable access to all records in support of the Operational
Costs incurred upon reasonable request.
(ix)
Any interest earnings on the balances of the Operations Fund will be allocated back
to the Parties in the Operations Fund in the Allocated Percentages.
(x)
An annual report of the Operations Fund shall be provided to each Party as part of
the County’s annual audit to include actual costs incurred, balances, etc.
8.2
Capital Cost-Sharing Methodology. A schedule of all fixed assets and major projects with
an estimated cost of $50,000 or more will be developed and maintained for the Facility by the
County (the “Capital Project Schedule”) to include all fixtures inside the curbline of the block
within which the Property is located and shall be provided by the County to the City annually to
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include the anticipated capital expenditures anticipated for the upcoming year (the “Capital Costs”)
to include:
(i)

the estimated replacement cost in today’s dollars of each item.

(ii)

A rationed and reasonable inflationary factor for each item applied annually.

(iii)

A reasonable salvage value of equipment if applicable.

(iv)
An estimated useful life based on industry standard or other value agreed upon to
maintain a Class A facility.
(v)
A best approximation of the year in which the equipment will need to be
replaced/project executed.
(vi)
A calculated annual capital contribution amount which shall be sufficient to fund
all replacements and projects in the year estimated to be needed (better wordsmithing needed here).
(vii) A contingency for unforeseen items, deviations from expected costs and
replacement timeframes, inflationary or escalatory factors beyond estimates).
(viii) Common area replacement furnishings as agreed upon by the County Administrator
and City Manager.
(ix)
Common area technology replacements and upgrades which will be scheduled no
less often than once every five (5) years.
(x)

Amount needed to fund Capital Costs for the upcoming fiscal year.

The Capital Project Schedule will be reviewed and updated annually as part of the County’s
capital budgeting cycle (review and update replacement costs, inflationary factors, useful lives
based on service experience). Each Party will annually budget their Allocated Percentages of the
estimated Capital Costs for the upcoming year estimated in the Capital Project Schedule and fund
such amounts into a Capital Fund. The “Capital Fund” will be an interest-bearing account held at
a financial institution selected by the Parties. Estimates of the Capital Cost amounts for the
upcoming year shall be provided by the County by April 30th of each year along with the Capital
Project Schedule anticipated to be paid from the Capital Fund for the Facility.
(xi)
The County will oversee the completion of the various capital projects to be
completed each year and request disbursements from the Capital Fund no more frequently than
once per quarter by providing an invoice to the City. Disbursements shall be authorized within
thirty (30) days of invoice unless all or some portion of said invoiced amount is disputed in writing.
All reasonable supporting back-up shall be provided upon written request. Should any amounts
be disputed, the Parties will disburse all undisputed amounts to the County to be applied to the
Capital Costs while the dispute resolution takes place.
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(xii) At the end of each fiscal year, the County shall provide a “reconciliation” of actual
Capital Costs incurred against the Capital Project Schedule. A refund of any remaining funds in
the Capital Fund shall be issued to the Parties or any such amounts may be rolled-over for the
following year. In the event of a shortfall an invoice shall be provided and shall be paid within
thirty (30) days. The County shall advise the City of any anticipated shortfalls as soon as
practicable.
(xiii) The Parties shall have reasonable access to all records in support of the Capital
Costs incurred upon reasonable request.
(xiv) Any interest earnings on the balances of the Capital Fund will be allocated back to
the Parties in the Capital Fund in the Allocated Percentages.
(xv) An annual report of the Capital Fund shall be provided to each Party as part of the
County’s annual audit to include actual costs incurred, balances, outstanding encumbrances,
revenues from sale of salvage equipment, insurance claim revenue, etc.
8.3

Voluntary Cosmetic Maintenance and Enhancements.

(i)
Either Party can choose to separately contract to have additional painting, cleaning
and cosmetic enhancements done within those areas exclusively dedicated to their use within the
Facility; provided common areas are not impacted. Any such work shall be completed in a lienfree manner with no contribution from the other Party. Any liens filed associated with such work
shall be bonded off or paid by the responsible Party within thirty (30) days of filing. Failure to do
so shall be an event of default hereunder.
(ii)
Both the County and the City will individual be responsible for routine replacement
of furnishings in their designated areas. Common area furnishings will be scheduled as part of the
Capital Project Schedule developed for the Facility.
(iii) Both the County and City will be responsible individually for routine replacement
and upgrade of technology within their designated areas. Common area technology will be
scheduled as part of the Capital Project Schedule developed for the building.
8.4

Capital Reserve Fund

(i)
The Capital Reserve Fund shall mean a separate fund of such name held by the
Treasurer of the County in which shall be deposited annually an amount equal to the park fees,
less the following as set forth in Section 7(B) of the Park Agreement for the Joint Government
Building Park, one percent (1%) paid to the partner county and the amount to be distributed to the
overlapping taxing districts.
(ii)
The County and City can utilize the Capital Reserve Fund to fund projects on the
Capital Project Schedule.
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(iii) The County will provide seven million dollars ($7,000,000) in initial funding
(“Initial Funding”) to the Capital Reserve Fund through American Rescue Plan interest earnings.
(iv)
The County and the City can utilize the Initial Funding to provide funding for the
construction of the Facility, as set forth more fully in Article I and the related podium so long as
the funds are subject to a repayment agreement approved by the County.
(v)
If the available funds in the Capital Reserve Fund exceed the funding required by
the Five-Year Capital Improvement Plan as set forth in Section 4.1(iv) by more than two times the
required funding, then the Parties are authorized to utilize the excess for the capital costs at the
County Courthouse.
ARTICLE IX
DEFAULT; DISPUTE RESOLUTION
9.1. Operational Disputes. In connection with the harmonious joint occupancy of the Facility by
the City and County, the County and City desire to work through any disagreements in the
interpretation or execution of this Agreement in a professional, productive and non-adversarial
way in keeping with the spirit of mutual respect and commitment to lasting partnership. Should a
dispute arise with respect to the operational components of this Agreement, the interpretation of
its operational terms, or if a Party fails to perform its operational obligations within the terms
hereof, the following dispute resolution will be used to ensure that timely and productive resolution
is achieved:
(i)
Employees and occupants of the Facility will attempt to resolve any issue, unmet
need, or disagreement with the department who has primary oversight responsibility pertaining to
the issue. (ex. concerns with janitorial services are raised with janitorial staff or janitorial
supervisor).
(ii)
If employees and occupants are unable to reach a satisfactory resolution within five
(5) business days, the complainant’s department head should be notified.
(iii) The complainant department head will notify the department head having primary
oversight responsibility pertaining to the issue. Such department head will have five (5) business
days to attempt to resolve the issue.
(iv)
Should the responsible department head be unable to satisfactorily resolve the issue
within five (5) business days, the matter will be referred by the complainant and responsible
department head to the Deputy or Assistant County Administrator or Deputy or Assistant City
Manager providing direct supervision to the complainant and responsible department head. Such
individuals will have five (5) business days to attempt to resolve the issue.

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(v)
Should the Deputy/Assistant County Administrator and the Deputy/Assistant City
Manager be unable to satisfactorily resolve the issue within five (5) business days, the matter will
be referred to the County Administrator and City Manager who will resolve the matter within five
(5) business days.
(vi)
In the unlikely event that such matter cannot be resolved as set forth above the
matter may be resolved following the dispute resolution process set forth in Section 9.2 below.
9.2

Other Material Performance or Payment Disputes.

(i)
If a Party fails to perform a material obligation hereunder the aggrieved Party shall
notify the offending Party in writing of the alleged default in performance and the offending Party
shall have (i) fifteen (15) days, if such default is a payment default, to either cure the same or to
raise defenses in writing; or (ii) thirty (30) days, if such default is a performance default, to either
cure the same (or commence to cure and thereafter diligently pursue such cure if the matter cannot
be reasonably cured within thirty (30) days) or raise defenses in writing.
(ii)
If the alleged default is not so cured or the Parties are not otherwise able to resolve
the dispute, the Parties may agree to submit the matter to a mediator licensed and certified in South
Carolina specializing in business disputes for resolution within thirty (30) days. Both Parties agree
that the County Administrator and the City Manager shall participate directly in any such
mediation.
(iii) If the Parties cannot agree upon a mediator or the matter remains unresolved after
thirty (30 days, then each Party shall select an arbitratorand the two (2) selected arbitrators shall
select a third arbitrator. The Parties agree to be bound by the decision of such arbitrator. Both
Parties agree that the County Administrator and the City Manager shall participate directly in any
such arbitration.

ARTICLE X
RELATIONSHIP OF PARTIES
This Agreement does not create a partnership or principal-agent relationship between the Parties,
and it does not create a joint venture that can be treated as a partnership under applicable law. This
Agreement must be interpreted in a manner consistent therewith, and nothing in this Agreement
may be used to imply any such relationship. Neither Party has the right, power, or authority to
obligate or bind the other in any manner unless authorized in writing by the other Party in a specific
instance. No employees of either Party are under the control, management, or supervision of the
other and are not intended to be employees of the other Party for purposes of any federal, state, or
local laws or regulations including, but not limited to, those covering unemployment insurance,
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employment taxes, and workers' compensation. Employees of a Party are also not intended to be
employees of the other for purposes of fringe benefits provided to employees of the other Party.
ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1. Binding Effect. The provisions of this Agreement are binding upon the Parties and may only
be amended in writing by both Parties hereto.
11.2. Notice.
Any notice or other communication required or permitted to be given under this Agreement must
be in writing and personally delivered or mailed by certified mail, return receipt requested, with
postage prepaid or by email. Notices mailed to a Party must be addressed to the Party's address set
forth below. The address of a party to which notices are to be mailed may be changed by the Party's
giving written notice to the other Party. All mailed notices and other communications will be
deemed to be given at the expiration of three (3) days after the date of mailing unless the recipient
acknowledges receipt prior to that time. All emailed notices or notices personally delivered shall
be deemed to be given when delivered.
11.3. Mediation Expense.
If there is a default under this Agreement, the defaulting party must reimburse the non-defaulting
party for all costs and expenses reasonably incurred by the non-defaulting party in connection with
the default, including attorneys' fees and mediation expenses unless directed otherwise by the
mediator.
11.4. Waiver.
No waiver of any provision of this Agreement may be deemed, or will constitute, a waiver of any
other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No
waiver will be binding unless executed in writing by the party making the waiver.
11.5. Applicable Law.
This agreement will be governed by and must be construed in accordance with the laws of the state
of South Carolina.
11.6. Entire Agreement.
This agreement constitutes the entire Agreement between the parties pertaining to its subject
matter, and it supersedes all prior contemporaneous agreements, representations, and
understandings of the Parties. No supplement, modification, or amendment of this Agreement will
be binding unless executed in writing by both Parties.
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[Signatures Follow]

THE CITY OF SPARTANBURG

By:
[Name of representative]
[Title of representative]
[Address]

THE COUNTY OF SPARTANBURG

By:
[Name of representative]
[Title of representative]
[Address]

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EXHIBIT “A”
PROPERTY

PARCEL NUMBERS TO COME
PARCELS ARE LOCATED WITHIN THE BLOCK BETWEEN WEST BROAD
STREET, SOUTH SPRING STREET, WEST KENNEDY STREET, AND SOUTH
CHURCH STREET INSIDE THE CITY OF SPARTANBURG.

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EXHIBIT “B”
SITE PLAN

[TO COME]

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ORDINANCE NO. _____
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY
OF A SPECIAL SOURCE CREDIT AGREEMENT BY AND BETWEEN
SPARTANBURG COUNTY, SOUTH CAROLINA AND SPARTANBURG
CAPITAL PARTNERS, LLC, WITH RESPECT TO CERTAIN ECONOMIC
DEVELOPMENT PROPERTY IN THE COUNTY, WHEREBY SUCH
PROPERTY WILL RECEIVE CERTAIN SPECIAL SOURCE CREDITS;
AND OTHER MATTERS RELATED THERETO.
WHEREAS, Spartanburg County, South Carolina (the “County”) is authorized by
Article VIII, Section 13 of the South Carolina Constitution and Title 4, Chapter 1, Code of Laws
of South Carolina 1976, as amended (the “Multi-County Park Act”), to enter into agreements
with one or more contiguous counties for the creation and operation of joint county industrial
and business parks, whereby the industrial development of the State of South Carolina (the
“State”) will be promoted and trade developed by inducing new industries to locate in the State
and by encouraging industries now located in the State to expand their investments and thus
utilize and employ manpower and other resources of the State and benefit the general public
welfare of the County by providing services, employment, recreation or other public benefits not
otherwise provided locally; and
WHEREAS, the County is authorized by Section 4-1-175 of the Multi-County Park Act
to provide infrastructure credits against payments in lieu of taxes to provide reimbursement to
companies in respect of investment in infrastructure enhancing the economic development of the
County, including improvements to real estate and personal property including machinery and
equipment used in the operation of a manufacturing or commercial enterprise, within the
meaning of Section 4-29-68, Code of Laws of South Carolina 1976, as amended
(“Infrastructure”); and
WHEREAS, the County Council of Spartanburg County (“County Council”) has agreed to
assist Spartanburg Capital Partners, LLC, an Indiana limited liability company (the “Company”),
in the establishment by the Company of a mixed-use real estate development in the County (the
“Project”) by (i) maintaining the Company in a joint county industrial and business park
established by the County with an adjoining South Carolina county pursuant to Article VIII,
Section 13 of the South Carolina Constitution and Section 4-1-170 of the Multi-County Park Act (a
“Park”) and (ii) pursuant to the Section 4-1-175 of the Multi-County Park Act, providing for
certain infrastructure credits against payments in lieu of taxes by the Company from and with
respect to the Project in qualified Infrastructure used in the establishment and operation of the
Project; and
WHEREAS, the Company has represented that its combined aggregate investment in the
Project by December 31, 2030 is expected to be at least $71,000,000.00; and
WHEREAS, pursuant to Article VIII, Section 13 of the South Carolina Constitution and
Section 4-1-170 of the Multi-County Park Act, the County has previously entered into or will

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enter into an agreement with an adjoining South Carolina county adding the Project to a Park,
and pursuant to such agreement, the Company will be obligated to make or cause to be made
payments in lieu of taxes in the total amount equivalent to the ad valorem property taxes that
would have been due and payable but for the location of the Project within the Park; and
WHEREAS, the County Council has agreed, pursuant to Section 4-1-175 of the MultiCounty Park Act, to provide infrastructure credit financing of the Infrastructure with respect to
the Project by providing a credit to the Company against payments in lieu of taxes for the Project
in the Park (the “FILOT Payments”) for a period of twenty (20) consecutive years, beginning
with the FILOT Payment to be first payable on or before the January 15 immediately following
the year immediately following the first year in which any portion of the Project is first placed in
service for the Project in the Park, all subject to the Company meeting the investment set forth
herein, and all as set forth more fully in the Special Source Credit Agreement between the
County and the Company presented to this meeting (the “SSC Agreement”); and
WHEREAS, the County has determined and found, on the basis of representations of the
Company, that the Project is anticipated to benefit the general public welfare of the County by
providing services, employment, recreation or other public benefits not otherwise provided locally;
and, that the Project gives rise to no pecuniary liability of the County or any incorporated
municipality or a charge against the general credit or taxing power of either; that the purposes to be
accomplished by the Project, i.e., economic development, retention of jobs, and addition to the tax
base of the County, are proper governmental and public purposes;
WHEREAS, it appears that the SSC Agreement above referred to, which is now before
this meeting, is in appropriate form and is an appropriate instrument to be executed and delivered
or approved by the County for the purposes intended.
NOW, THEREFORE, BE IT ORDAINED, by the County Council of Spartanburg
County, in meeting duly assembled, as follows:
Section 1.
The County Administrator, for and on behalf of the County, is hereby
authorized to execute and deliver the SSC Agreement, in substantially the form attached hereto, or
with such minor changes as are not materially adverse to the County and as such officials shall
determine and as are not inconsistent with the matters contained herein, their execution thereof to
constitute conclusive evidence of their approval of any and all changes or revisions therein from
the form of the SSC Agreement now before this meeting, and are directed to do any thing
otherwise necessary to effect the execution and delivery of the SSC Agreement and the
performance of all obligations of the County under and pursuant to the SSC Agreement.
Section 2.
The provisions of this ordinance are hereby declared to be separable and if
any section, phrase or provisions shall for any reason be declared by a court of competent
jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the
remainder of the sections, phrases and provisions hereunder.

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Section 3.
All ordinances, resolutions, and parts thereof in conflict herewith are, to the
extent of such conflict, hereby repealed. This ordinance shall take effect and be in full force from
and after its passage by the County Council.
ENACTED in meeting duly assembled this ______ of ______________, 2026.
SPARTANBURG COUNTY, SOUTH CAROLINA
(SEAL)

By:____________________________________
B. Cole Alverson
Spartanburg County Administrator

ATTEST:
By:____________________________________
Clerk to County Council
Spartanburg County, South Carolina
First Reading:
Second Reading:
Third Reading:
Public Hearing:

July 20, 2026
August 17, 2026
September 21, 2026
August 17, 2026

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STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
I, the undersigned Clerk to County Council of Spartanburg County, South Carolina, do
hereby certify that attached hereto is a true, accurate and complete copy of an ordinance which was
given reading, and received unanimous approval, by the County Council at its meetings of July 20,
2026, August 17, 2026 and September 21, 2026 at which meetings a quorum of members of
County Council were present and voted, and an original of which ordinance is filed in the
permanent records of the County Council.

_______________________________________
Clerk, County Council of Spartanburg County
Dated: ___________, 2026

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SPECIAL SOURCE CREDIT AGREEMENT
between
SPARTANBURG COUNTY, SOUTH CAROLINA,
and
SPARTANBURG CAPITAL PARTNERS, LLC,
an Indiana limited liability company

Dated as of ____________, 2026

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SPECIAL SOURCE CREDIT AGREEMENT
THIS SPECIAL SOURCE CREDIT AGREEMENT, dated as of ____________, 2026 (the
“Agreement”), between SPARTANBURG COUNTY, SOUTH CAROLINA, a body politic and corporate
and a political subdivision of the State of South Carolina (the “County”), and SPARTANBURG CAPITAL
PARTNERS, LLC, an Indiana limited liability company organized and existing under the laws of the State
of Indiana and authorized to do business in the State of South Carolina (the “Company” and together with the
County, the “Parties”).
WITNESSETH:
WHEREAS, the County, acting by and through its County Council (the “County Council”) is
authorized by Section 4-1-175 of the Code of Laws of South Carolina 1976, as amended (the “Infrastructure
Credit Act”), to provide infrastructure credit financing, secured by and payable solely from revenues of the
County derived from payments in lieu of taxes pursuant to Article VIII, Section 13 of the South Carolina
Constitution, for the purpose of defraying the cost of designing, acquiring, constructing, improving, or
expanding the infrastructure serving the County and for improved and unimproved real estate and personal
property, including machinery and equipment, used in the operation of a manufacturing facility or
commercial enterprise in order to enhance the economic development of the County, all within the meaning
of Section 4-29-68 of the Code of Laws of South Carolina 1976, as amended (the “Infrastructure”); and
WHEREAS, the Company will operate the Project (as defined below) on the land in the County
described in Exhibit A hereto, owned by the Company (the “Land”); and
WHEREAS, the Company has represented that they intend to invest in the acquisition, construction
and installation of buildings, improvements, fixtures, furnishings and other real and/or tangible personal
property to constitute a mixed-use real estate development in the County (the “Project”), which will result in
an expected aggregate investment of at least $71,000,000.00 by December 31, of the fifth (5th) year after the
year in which any portion of the Project is first placed in service (the “Investment Period”); and
WHEREAS, the County and Cherokee County have established a joint county industrial and
business park (the “Park”) by entering into an Agreement for Development for Joint County
Industrial/Business Park (the “Park Agreement”), pursuant to the provisions of Article VIII, Section 13 of the
South Carolina Constitution and Title 4, Chapter 1 Code of Laws of South Carolina 1976 (collectively, the
“Multi-County Park Act”), as amended, and will designate the Land as being included within the Park, and
the County desires to cause the Park to continue to be located in the Park or such other multi-county
industrial and business park so as to afford the Company the benefits of the Infrastructure Credit Act as
provided herein; and
WHEREAS, pursuant to the provisions of the Park Agreement, the Company is obligated to make
or cause to be made payments in lieu of taxes in the total amount equivalent to the ad valorem property taxes,
or, if applicable, any negotiated payments in lieu of taxes pursuant to the Code of Laws of South Carolina
1976, as amended, including Title 4, Chapter 29 thereof (the “FILOT Act”), that would have been due and
payable but for the location of the Project within the Park; and
WHEREAS, pursuant to the Infrastructure Credit Act, the County has agreed to provide certain
credits to the Company in respect of the Company’s investment in the Infrastructure with respect to the
Project, and is delivering this Agreement in furtherance thereof; and

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WHEREAS, the County Council has duly authorized execution and delivery of this Agreement by
ordinance duly enacted by the County Council on September 21, 2026, following conducting a public hearing
on August 17, 2026;
NOW, THEREFORE, in consideration of the respective representations and agreements hereinafter
contained, the County and the Company agree as follows:
ARTICLE I
DEFINITIONS
The terms defined in this Article I shall for all purposes of this Agreement have the meanings herein
specified, unless the context clearly otherwise requires. Except where the context otherwise requires, words
importing the singular number shall include the plural number and vice versa.
“Agreement” shall mean this Agreement, as the same may be amended, modified or supplemented in
accordance with the terms hereof.
“Code” shall mean the Code of Laws of South Carolina 1976, as amended.
“Company” shall have the meaning set forth with respect to such term in the recitals to this
Agreement.
“Cost of the Infrastructure” shall mean to extent permitted by law, the cost of acquiring, by
construction and purchase, the Infrastructure and shall be deemed to include, whether incurred prior to or
after the date of this Agreement: (a) obligations incurred for labor, materials, and other expenses to builders
and materialmen in connection with the acquisition, construction, and installation of the Infrastructure; (b) the
cost of design and engineering of the Infrastructure; (c) the cost of construction bonds and of insurance of all
kinds that may be required or necessary during the course of construction and installation of the
Infrastructure, which is not paid by the contractor or contractors or otherwise provided for; (d) the expenses
for test borings, surveys, test and pilot operations, estimates, plans and specifications and preliminary
investigations therefor, and for supervising construction, as well as for the performance of all other duties
required by or reasonably necessary in connection with the acquisition, construction, and installation of the
Infrastructure; (e) all other costs which shall be required under the terms of any contract for the acquisition,
construction, and installation of the Infrastructure; and (f) all legal, accounting and related costs properly
capitalizable to the cost of the Infrastructure.
“County” shall mean Spartanburg County, South Carolina, a body politic and corporate and a
political subdivision of the State of South Carolina and its successors and assigns.
“Fee Payments” shall mean the payments in lieu of taxes made by the Company with respect to the
Project by virtue of the Project’s location in (a) the Park or (b) in any joint county industrial park created by
the County and a partner county pursuant to the Park Agreement qualifying under Section 4-1-170 of the
Multi-County Park Act or any successor provision.
“FILOT Act” shall mean Title 4, Section 29, of the Code.
“Infrastructure” shall mean infrastructure serving the County and improved or unimproved real
estate and personal property, including machinery and equipment, used in the operation of the Project, within
the meaning of Section 4-29-68 of the Code.

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“Infrastructure Credit Act” shall have the meaning set forth with respect to such term in the recitals
to this Agreement.
“Infrastructure Credits” shall mean the credits to the Fee Payments in respect of the Company’s
investment in Cost of the Infrastructure set forth in Section 3.02(a) hereof.
“Investment Period” shall have the meaning set forth with respect to such term in the recitals to this
Agreement.
Project.

“Investment Target” shall mean the investment by the Company of at least $71,000,000.00 in the
“Land” shall have the meaning set forth with respect to such term in the recitals to this Agreement.

thereto.

“Multi-County Park Act” shall mean Title 4, Chapter 1 of the Code, and all future acts amendatory

“Ordinance” shall mean the ordinance enacted by the County Council on September 21, 2026,
authorizing the execution and delivery of this Agreement.
“Park Agreement” shall mean the Agreement for Development of Joint County Industrial and
Business Park (Joint Government Building Park)” dated September ___, 2026 between the County and
Cherokee County, South Carolina, as the same may be further amended or supplemented from time to time or
such other agreement as the County may enter with respect to the Project to offer the benefits of the
Infrastructure Credit Act to the Company hereunder.
“Park” shall mean (i) the joint county industrial park established pursuant to the terms of the Park
Agreement and (ii) any joint county industrial park created pursuant to a successor park agreement delivered
by the County and a partner county in accordance with Section 4-1-170 of the Act, or any successor
provision, with respect to the Project.
“Person” shall mean an individual, a corporation, a partnership, an association, a joint stock
company, a trust, any unincorporated organization, or a government or political subdivision.
“Project” shall have the meaning set forth with respect to such term in the recitals to this Agreement.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2.01. Representations by the County. The County makes the following representations
and covenants as the basis for the undertakings on its part herein contained:
(a)
The County is a body politic and corporate and a political subdivision of the State of South
Carolina and is authorized and empowered by the provisions of the Act to enter into the transactions
contemplated by this Agreement and to carry out its obligations hereunder. By proper action by the County
Council, the County has been duly authorized to execute and deliver this Agreement and any and all
agreements collateral thereto.
(b)
The County proposes to provide the Infrastructure Credits to reimburse the Company for a
portion of the Cost of the Infrastructure for the purpose of promoting economic development of the County.

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(c)
To the best knowledge of the undersigned representatives of the County, the County is not in
violation of any of the provisions of the laws of the State of South Carolina, where any such default would
affect the validity or enforceability of this Agreement.
(d)
To the best knowledge of the undersigned representatives of the County, the authorization,
execution and delivery of this Agreement, the enactment of the Ordinance, and performance of the
transactions contemplated hereby and thereby do not and will not, to the best knowledge of the County,
conflict with, or result in the violation or breach of, or constitute a default or require any consent under, or
create any lien, charge or encumbrance under the provisions of (i) the Constitution of the State or any law,
rule, or regulation of any governmental authority, (ii) any agreement to which the County is a party, or (iii)
any judgment, order, or decree to which the County is a party or by which it is bound.
(e)
To the best knowledge of the undersigned representatives of the County, there is no action,
suit, proceeding, inquiry, or investigation, at law or in equity, or before or by any court, public body, or public
board which is pending or threatened challenging the creation, organization or existence of the County or its
governing body or the power of the County to enter into the transactions contemplated hereby or wherein an
unfavorable decision, ruling or finding would adversely affect the transactions contemplated hereby or would
affect the validity, or adversely affect the enforceability, of this Agreement, or any other agreement or
instrument to which the County is a party and which is to be used in connection with or is contemplated by
this Agreement, nor to the best of the knowledge of the undersigned representatives of the County is there
any basis therefor.
SECTION 2.02. Representations and Covenants by the Company. The Company makes the
following representations, warranties and covenants as the basis for the undertakings on its part herein
contained:
(a)
The Company is a limited liability company duly organized, validly existing, and in good
standing under the laws of the State of Indiana and qualified to do business in the State of South Carolina, has
power to enter into this Agreement and to carry out its obligations hereunder, and by proper corporate action
has been duly authorized to execute and deliver this Agreement.
(b)
Neither the execution and delivery of this Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement,
will result in a material breach of any of the terms, conditions, or provisions of any corporate restriction or
any agreement or instrument to which the Company is now a party or by which it is bound, or will constitute
a default under any of the foregoing, or result in the creation or imposition of any lien, charge, or
encumbrance of any nature whatsoever upon any of the property or assets of the Company, other than as may
be created or permitted by this Agreement.
(c)
The Company shall use commercially reasonable efforts to cause the Investment Target to
be achieved during the Investment Period.
(d)
To the best knowledge of the Company, there is no action, suit, proceeding, inquiry, or
investigation, at law or in equity, or before or by any court, public body, or public board which is pending or
threatened challenging the power of the Company to enter into the transactions contemplated hereby or
wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated
hereby or would affect the validity, or adversely affect the enforceability, of this Agreement, or any other
agreement or instrument to which the Company is a party and which is to be used in connection with or is
contemplated by this Agreement, nor to the best of the knowledge of the Company is there any basis
therefore.

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(e)
The Company agrees to reimburse the County for all reasonable expenses, including
$3,500.00 of attorney’s fees, to which it might be put in the review of this Agreement and in the
fulfillment of its obligations under this Agreement and in the implementation of its terms and provisions.
(f)
The Company agrees to maintain such books and records with respect to the Project as
will permit verification of the Company’s compliance with the terms of this Agreement and the
certifications submitted to the County pursuant to Section 3.02(c) hereof. The Company may, by clear,
written designation, conspicuously marked, designate with respect to any book and records delivered or
made available to the County segments thereof that the Company believes contain proprietary,
confidential, or trade secret matters. The County shall comply with all reasonable, written requests made
by the Company with respect to maintaining the confidentiality of such designated segments. Except to
the extent required by law, the County shall not release information which has been designated as
confidential or proprietary by the Company.
SECTION 2.03. Covenants of the County.
(a)
To the best of its ability, the County will at all times maintain its corporate existence and will
use its best efforts to maintain, preserve, and renew all its rights, powers and privileges; and it will comply
with all valid acts, rules, regulations, orders, and directions of any legislative, executive, administrative, or
judicial body applicable to this Agreement.
(b)
The County acknowledges that the Park Agreement will expire pursuant to its terms on
December 31, 2076 (the “Original Termination Date”). In the event of any early termination of the Park
Agreement or the termination of the Park Agreement on the Original Termination Date, the County agrees to
use its best reasonable efforts to cause the Project, at the Company’s expense, pursuant to Section 4-1-170 of
the Act or any successor provision, to be included in a duly authorized, executed and delivered successor
joint county industrial park agreement with an adjoining South Carolina county, which successor agreement
shall contain a termination date occurring no earlier than the final year as to which any Infrastructure Credit
shall be payable under this Agreement.
(c)
The County covenants that it will from time to time, at the request and expense of the
Company, execute and deliver such further instruments and take such further action as may be reasonable and
as may be required to carry out the purpose of this Agreement; provided, however, that such instruments or
actions shall never create or constitute a general obligation or an indebtedness of the County within the
meaning of any State constitutional provision (other than the provisions of Article X, Section 14(10) of the
South Carolina Constitution) or statutory limitation and shall never constitute or give rise to a pecuniary
liability of the County or a charge against its general credit or taxing power or pledge the full faith, credit or
taxing power of the State, or any other political subdivision of the State.
ARTICLE III
INFRASTRUCTURE CREDITS
SECTION 3.01. Payment of Costs of Infrastructure.
The Company shall be responsible for payment of all Costs of the Infrastructure with respect to the
Project as and when due.

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SECTION 3.02. Infrastructure Credits.
(a)
In order to reimburse the Company for a portion of the Cost of the Infrastructure with
respect to the Project, commencing with the annual Fee Payment to be first payable on or before the January
15th immediately following the year immediately following the first year in which any portion of the Project
is first placed in service and continuing thereafter for a total of twenty (20) consecutive years in accordance
with the Fee Payment schedule attached hereto and incorporated herein as Exhibit C, which Fee Payment
schedule reflects the net amounts to be paid each year by the Company after application of the Company
Infrastructure Credits provided by the County (that is, with respect to investment made by the Company in
the Project during the Investment Period), calculated and applied after payment of the amount due the nonhost county under the Park Agreement.
(b)
Notwithstanding anything herein to the contrary, under no circumstances shall the Company
be entitled to claim or receive any abatement of ad valorem taxes for any portion of the investment in the
Project for which an Infrastructure Credit is taken.
(c)
In no event shall the aggregate amount of all Infrastructure Credits claimed by the Company
exceed the amount expended by them collectively with respect to the Infrastructure at any point in time. The
Company shall be responsible for making written annual certification as to compliance with the provisions of
the preceding sentence through the delivery of a certification in substantially the form attached hereto as
Exhibit B. Further, any amount of reimbursement of the Company for Infrastructure expenditure by way of
an Infrastructure Credit may not be duplicated through an Infrastructure Credit to the Company for the same
expenditure.
(d)
Should the Investment Target not be met by the end of the Investment Period, any
infrastructure credits otherwise payable under this Agreement shall no longer be payable by the County,
and the Company shall be retroactively liable to the County for the amount of the infrastructure credits
previously received by the Company, plus interest at the rate payable for late payment of taxes.
(e)
As provided in Section 4-29-68 of the Code, to the extent any Infrastructure Credit is taken
against fee in lieu of tax payment on personal property, and the personal property is removed from the Project
at any time during the term of this Agreement (and not replaced with qualifying replacement property), the
amount of the fee in lieu of taxes due on the personal property for the year in which the personal property was
removed from the Project shall be due for the two (2) years immediately following such removal.
(f)
THIS AGREEMENT AND THE INFRASTRUCTURE CREDITS BECOMING DUE
HEREUNDER ARE LIMITED OBLIGATIONS OF THE COUNTY PROVIDED BY THE COUNTY
SOLELY FROM THE FEE PAYMENTS RECEIVED BY THE COUNTY FOR THE PROJECT
PURSUANT TO THE PARK AGREEMENT, AND DO NOT AND SHALL NEVER CONSTITUTE A
GENERAL OBLIGATION OR AN INDEBTEDNESS OF THE COUNTY WITHIN THE MEANING OF
ANY CONSTITUTIONAL PROVISION (OTHER THAN THE PROVISIONS OF ARTICLE X,
SECTION 14(10) OF THE SOUTH CAROLINA CONSTITUTION) OR STATUTORY LIMITATION
AND DO NOT AND SHALL NEVER CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY
OF THE COUNTY OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWER. THE
FULL FAITH, CREDIT, AND TAXING POWER OF THE COUNTY ARE NOT PLEDGED FOR THE
INFRASTRUCTURE CREDITS.

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(g)
No breach by the County of this Agreement shall result in the imposition of any pecuniary
liability upon the County or any charge upon its general credit or against its taxing power. The liability of the
County under this Agreement or of any warranty herein included or for any breach or default by the County
of any of the foregoing shall be limited solely and exclusively to the Fee Payments for the Project in the Park.
The County shall not be required to execute or perform any of its duties, obligations, powers, or covenants
hereunder except to the extent of the Fee Payments.
ARTICLE IV
CONDITIONS TO DELIVERY OF AGREEMENT;
TITLE TO PROJECT
SECTION 4.01. Documents to be Provided by County. Prior to or simultaneously with the
execution and delivery of this Agreement, the County shall provide to the Company:
(a)
A copy of the Ordinance, duly certified by the Clerk of the County Council to have been
duly enacted by the County and to be in full force and effect on the date of such certification; and
(b)
A copy of the Park Agreement, duly certified by the Clerk of the County Council to have
been duly enacted by the County and to be in full force and effect on the date of such certification; and
(c)
Such additional related certificates, instruments or other documents as the Company may
reasonably request in a form and substance acceptable to the Company and the County.
SECTION 4.02. Transfers of Project; Assignment of Interest in this Agreement by the Company.
The County hereby acknowledges that the Company may from time to time and in accordance with
applicable law, sell, transfer, lease, convey, or grant the right to occupy and use the Project, in whole or in
part, or assign its interest in this Agreement, to others; provided, however, that any transfer by the Company
of any of its interest in this Agreement to any other Person shall require the prior written consent of the
County, which shall not be unreasonably withheld. No such sale, lease, conveyance, grant or assignment shall
relieve the County from the County’s obligations to provide Infrastructure Credits to the Company or any
assignee of the same, under this Agreement as long as such assignee is qualified to receive the Infrastructure
Credits under the Infrastructure Credit Act.
SECTION 4.03. Assignment by County. The County shall not assign, transfer, or convey its
obligations to provide Infrastructure Credits hereunder to any other Person, except as may be required by
South Carolina law.
ARTICLE V
DEFAULTS AND REMEDIES
SECTION 5.01. Events of Default. If the County or the Company shall fail duly and punctually to
perform any covenant, condition, agreement or provision contained in this Agreement on its part to be
performed, which failure shall continue for a period of thirty (30) days after written notice by the County or
the Company, respectively, specifying the failure and requesting that it be remedied is given to the County by
the Company, or to the Company by the County, by first-class mail, the County or the Company,
respectively, shall be in default under this Agreement (an “Event of Default”).

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SECTION 5.02. Remedies and Legal Proceedings by the Company or the County. Upon the
happening and continuance of any Event of Default, then and in every such case the Company or the County,
as the case may be, in their discretion may:
(a)
by mandamus, or other suit, action, or proceeding at law or in equity, enforce all of its or
their rights and require the other party to carry out any agreements with or for its benefit and to perform
its or their duties under the Act and this Agreement;
(b)

bring suit upon this Agreement;

exercise any or all rights and remedies provided by applicable laws of the State of South

(d)
its rights.

by action or suit in equity enjoin any acts or things which may be unlawful or in violation of

SECTION 5.03. Remedies Not Exclusive. No remedy in this Agreement conferred upon or reserved
to the County or the Company hereunder is intended to be exclusive of any other remedy or remedies, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy given under
this Agreement or now or hereafter existing at law or in equity or by statute.
SECTION 5.04. Nonwaiver. No delay or omission of the County or the Company to exercise any
right or power accruing upon any default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such default or Event of Default, or an acquiescence therein; and every power
and remedy given by this Article V to any party may be exercised from time to time and as often as may be
deemed expedient.
ARTICLE VI
MISCELLANEOUS
SECTION 6.01. Termination. Subject to Sections 5.01 and 5.02 above, this Agreement shall
terminate on the date upon which all Infrastructure Credits provided for herein have been credited to the
Company.
SECTION 6.02. Successors and Assigns. All the covenants, stipulations, promises, and agreements
in this Agreement contained, by or on behalf of, or for the benefit of, the County, shall bind or inure to the
benefit of the successors of the County from time to time and any officer, board, commission, agency, or
instrumentality to whom or to which any power or duty of the County, shall be transferred.
SECTION 6.03. Provisions of Agreement for Sole Benefit of the County and the Company. Except
as in this Agreement otherwise specifically provided, nothing in this Agreement expressed or implied is
intended or shall be construed to confer upon any Person other than the County and the Company any right,
remedy, or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and
exclusive benefit of the County and the Company.
SECTION 6.04. Severability. In case any one or more of the provisions of this Agreement shall, for
any reason, be held to be illegal or invalid, the illegality or invalidity shall not affect any other provision of
this Agreement, and this Agreement, the Infrastructure Credits shall be construed and enforced as if the
illegal or invalid provisions had not been contained herein or therein.

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SECTION 6.05. No Liability for Personnel of the County or the Company. No covenant or
agreement contained in this Agreement shall be deemed to be the covenant or agreement of any member,
agent, or employee of the County or its governing body or the Company or any of its officers, employees, or
agents in his individual capacity, and neither the members of the governing body of the County nor any
official executing this Agreement shall be liable personally on the Infrastructure Credits or this Agreement or
be subject to any personal liability of accountability by reason of the issuance thereof.
SECTION 6.06. Notices. All notices, certificates, requests, or other communications under this
Agreement shall be sufficiently given and shall be deemed given, unless otherwise required by this
Agreement, when (i) delivered or (ii) sent by facsimile and confirmed by United States certified mail, returnreceipt requested, restricted delivery, postage prepaid, addressed as follows:
(a)

(b)

if to the County:

Spartanburg County, South Carolina
Administration Building, Suite 1000
366 North Church Street
Spartanburg, South Carolina 29303
Attn: County Administrator
Facsimile No. (864) 596-2232

with a copy to:
(which shall not
constitute notice
to the County)

Spartanburg County, South Carolina
Administration Building, Suite 1000
366 North Church Street
Spartanburg, South Carolina 29303
Attn: County Attorney
Facsimile No. (864) 596-2232

if to the Company:

Spartanburg Capital Partners, LLC
c/o Barrett Realty Investments
200 S. Rangeline Road, Ste 225
Carmel, Indiana 46032
Attention: Nick Barrett

with a copy to:
(which shall not
constitute notice
to the Company)

Dinsmore & Shohl LLP
211 North Pennsylvania Street
One Indiana Square, Suite 1800
Indianapolis, Indiana 46204
Attention: Samantha R. Hargitt

A duplicate copy of each notice, certificate, request or other communication given under this
Agreement to the County or the Company shall also be given to the others. The County and the Company
may, by notice given under this Section 6.06, designate any further or different addresses to which
subsequent notices, certificates, requests or other communications shall be sent.
SECTION 6.07. Applicable Law. The laws of the State of South Carolina shall govern the
construction of this Agreement.
SECTION 6.08. Counterparts. This Agreement may be executed in any number of counterparts,
each of which, when so executed and delivered, shall be an original; but such counterparts shall together
constitute but one and the same instrument.

Page 100 of 118

SECTION 6.09. Amendments. This Agreement may be amended only by written agreement of the
parties hereto.
SECTION 6.10. Waiver. Either party may waive compliance by the other party with any term or
condition of this Agreement only in a writing signed by the waiving party.
SECTION 6.11. Indemnity.
(a)
Notwithstanding the fact that it is the intention of the parties that the County, its
members, officers, elected officials, employees, servants and agents (collectively, the “Indemnified
Parties”) shall not incur pecuniary liability by reason of the terms of this Agreement, or the undertakings
required of the County hereunder, by reason of the granting of the Infrastructure Credits, by reason of the
execution of this Agreement, by the reason of the performance of any act requested of it by the Company,
or by reason of the County’s relationship to the Project or by 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 County or any of the other Indemnified
Parties should incur any such pecuniary liability, then in such event the Company shall indemnify, defend
and hold them harmless against all claims by or on behalf of any person, firm or corporation, arising out
of the same, and all costs and expenses incurred in connection with any such claim or in connection with
any action or proceeding brought thereon, and upon notice, the Company shall defend them in any such
action or proceeding with legal counsel acceptable to the County (the approval of which shall not be
unreasonably withheld); provided, however, that such indemnity shall not apply to the extent that any
such claim is proximately caused by (i) the grossly negligent acts or omissions or willful misconduct of
the County, its agents, officers or employees, or (ii) any breach of this Agreement by the County.
(b)
Notwithstanding anything in this Agreement to the contrary, the above-referenced
covenants insofar as they pertain to costs, damages, liabilities or claims by any Indemnified Party resulting
from any of the above-described acts of or failure to act by the Company, shall survive any termination of
this Agreement.
SECTION 6.12.

Fascimile/Scanned Signature

The Parties agree that use of a fax or scanned signature and the signatures, initials, and
handwritten or typewritten modifications to any of the foregoing shall be deemed to be valid and binding
upon the Parties as if the original signature, initials and handwritten or typewritten modifications were
present on the documents in the handwriting of each party.

[Remainder of page intentionally left blank]

Page 101 of 118

IN WITNESS WHEREOF, Spartanburg County, South Carolina, has caused this Agreement to be
executed by the Spartanburg County Administrator and its corporate seal to be hereunto affixed and attested
by the Clerk of its County Council and Spartanburg Capital Partners, LLC has caused this Agreement to be
executed by an authorized officer, all as of the day and year first above written.
SPARTANBURG COUNTY, SOUTH CAROLINA
(SEAL)

By:_______________________________________
B. Cole Alverson
Spartanburg County Administrator

ATTEST:
_____________________________________
Angela G. Walker, Clerk to County Council of
Spartanburg County, South Carolina

[Signature page 1 to Special Source Credit Agreement]

Page 102 of 118

SPARTANBURG CAPITAL PARTNERS, LLC
By:_______________________________________
Name:__________________________________
Title:___________________________________

[Signature page 2 to Special Source Credit Agreement]

Page 103 of 118

EXHIBIT A
REAL PROPERTY DESCRIPTION

[To Be Inserted]

A-1

Page 104 of 118

EXHIBIT B
INFRASTRUCTURE INVESTMENT CERTIFICATION
I ________________, the _____________ of Spartanburg Capital Partners, LLC (the “Company”),
do hereby certify in connection with the Special Source Credit Agreement dated as of ____________, 2026
(the “Agreement”) between Spartanburg County, South Carolina and the Company, as follows:
(1)
As of December 31, 20___, the total amount of Infrastructure Credits received by the
Company is as follows $__________________ (“Total Infrastructure Credits”).
(2)
As of December 31, 20___, the total amount of investment in Costs of Infrastructure by the
Company is not less than the amount of the Total Infrastructure Credits received.
All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.
IN WITNESS WHEREOF, I have set my hand this _____ day of __________, 20__.
SPARTANBURG CAPITAL PARTNERS, LLC
By:_______________________________________
Name:___________________________________
Its:______________________________________

B-1

Page 105 of 118

EXHIBIT C
FEE PAYMENT SCHEDULE
(net amounts to be paid each year by the Company after application of the Infrastructure Credits provided by
the County)
Tax Year 1 (First Tax Year After CO Due Following January)- $0.00
Tax Year 2 – $5,000.00
Tax Year 3 - $5,000.00
Tax Year 4 - $5,000.00
Tax Year 5 - $84,000 (but in no event less than $84,000)
Tax Year 6 - $193,000
Tax Year 7 -$307,000
Tax Year 8 - $425,000 (but in no event less than $425,000)
Tax Year 9 - $547,000
Tax Year 10 – $672,000 (but in no event less than $672,000)
Tax Year 11 - $802,000
Tax Year 12 - $935,000
Tax Year 13 - $1,072,500
Tax Year 14 - $1,098,800
Tax Year 15 - $1,250,000 (but in no event less than $1,250,000)
Tax Year 16 - $1,404,250
Tax Year 17 - $1,564,350
Tax Year 18 - $1,729,500
Tax Year 19 - $1,899,900
Tax Year 20 - $1,900,000 (but in no event less than $1,900,000

B-1

Page 106 of 118

ORDINANCE NO. O-26-__
AN ORDINANCE PROVIDING FOR A SECOND AMENDMENT OF ORDINANCE
NO. O-15-22 PERTAINING TO DISTRIBUTION OF FEE IN LIEU OF TAX
REVENUES GENERATED FROM CERTAIN JOINT COUNTY INDUSTRIAL AND
BUSINESS PARKS.
WHEREAS, pursuant to the authorization contained in Article VIII, Section 13 of the South Carolina
Constitution and Section 4-1-170, Code of Laws of South Carolina 1976, as amended, in order to further
capital investment, job creation and other economic development in Spartanburg County and the State of
South Carolina, Spartanburg County has entered into certain agreements for development of joint county
industrial and business parks (collectively, the “Parks”) with Cherokee and Union Counties, as described
in the attached Exhibit A (collectively, the “Park Agreements”); and
WHEREAS, the Park Agreements provide that the order of distribution within Spartanburg County
of revenues generated through the payment of fees in lieu of taxes by industries and businesses located in
the Spartanburg County portion of the Parks, as the same may be reduced through the provision of any
credits against payments of fees in lieu of taxes granted to such industries or businesses in the manner
provided in the second paragraph of Section 4-1-175, Code of Laws of South Carolina 1976, as amended,
or any successor statutes or provisions (the “Spartanburg Park Revenues”), shall be governed by and
determined pursuant to ordinance of the County Council of Spartanburg County (the “County Council”);
and
WHEREAS, in order to provide for the order of distribution of the Spartanburg Park Revenues
within Spartanburg County, the Council enacted Ordinance No. O-15-22 enacted October 19, 2015 (the
“2015 General Distribution Ordinance”); which was amended by Ordinance No. O-16-05 enacted April 18,
2016;and
WHEREAS, the County Council has now determined to provide for a second amendment of the
2015 General Distribution Ordinance in order to specify with more clarity the intended order of distribution
of the Spartanburg Park Revenues and, with respect to the use by Spartanburg County of any portion of the
Spartanburg Park Revenues to pay for costs of infrastructure and other expenditures related to economic
development in Spartanburg County, to clarify that such Revenues may be paid, as applicable, to other
public agencies in Spartanburg County to reimburse such agencies for the payment of such costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF
SPARTANBURG COUNTY, the 2015 General Distribution Ordinance is hereby amended as follows:

SECTION I:
The Spartanburg Net Revenues retained with respect to each parcel within the
Parks shall be distributed in the following manner and in the order of priority listed:
First, Spartanburg County shall pay the percentage of the Spartanburg Park Revenues to
its partner county as specified in the applicable Park Agreements;
Second, unless Spartanburg County elects to pay or credit the same from only those
revenues which Spartanburg County would otherwise be entitled to receive as provided
under “Sixth” or “Seventh” below, to pay annual debt service on any special source
revenue bonds issued by Spartanburg County pursuant to Section 4-1-175, Code of Laws
of South Carolina 1976, as amended, or any successor statutes or provisions, payable in
whole or in part by or from revenues generated from any identified parcels in the Parks;

Page 107 of 118

Third, at the option of Spartanburg County, to pay for or to reimburse for payment of costs
by Spartanburg County or other public agencies in Spartanburg County for the costs of
infrastructure and other expenditures related to economic development in Spartanburg
County;
Fourth, an amount equal to $1,200,000 annually of the Spartanburg Park Revenues
generated from all investment first placed in service subsequent to December 31, 2007
shall be paid to the Economic Futures Group, an affiliate of the Spartanburg Area Chamber
of Commerce (“EFG”), to be utilized by EFG for the promotion of job creation and
retention and increased capital investment in Spartanburg County, and for related
economic development initiatives for the benefit of Spartanburg County; and
Fifth, an amount equal to $750,000 annually of the Spartanburg Park Revenues generated
from all investment first placed in service subsequent to December 31, 2007 shall be paid
to the Chapman Cultural Center, Inc., to be utilized by the Chapman Cultural Center, Inc.,
for utilities, budgeted repairs, insurance, cleaning, IT systems, HVAC, landscaping,
elevator and security, for the facilities located at 200 St. John Street, Spartanburg, South
Carolina 29306, so long as the Chapman Cultural Center, Inc. is in compliance with the
Memorandum of Understanding between it and the County; and
Sixth, an amount equal to $1,200,000 annually of the Spartanburg Park Revenues
generated from all investment first placed in service subsequent to December 31, 2007
shall be paid to OneSpartanburg, Inc. Foundation, to be utilized for Power Up Spartanburg
so long as the OneSpartanburg, Inc. Foundation is in compliance with the Memorandum
of Understanding between it and the County; and
Seventh, only as to Spartanburg Park Revenues generated from additional parcels added
to the Parks on or after January 1, 2015 or from net new Spartanburg Park Revenues
generated on or after January 1, 2015 from investment on existing parcels located in the
Parks (provided that the net new Spartanburg Park Revenues generated from investment
on existing parcels located in the Parks shall be distributed under this paragraph only to
the extent that such net new Spartanburg Park Revenues are separately identified by the
South Carolina Department of Revenue on its annual fee-in-lieu of tax certifications
provided to Spartanburg County) (i) an amount equal to thirty (30%) percent of the school
district operating millage portion (the “School District Portion”) of the Spartanburg Park
Revenues shall be disbursed to the Spartanburg County school district in which the
particular property within the Park is located (“Host District”); (ii) sixty (60%) percent of
the School District Portion of the Spartanburg Park Revenues shall be disbursed to one of
the seven school districts in Spartanburg County which shall in turn divide and distribute
such amount equally among each of the six school districts in Spartanburg County other
than the Host District; and the remaining ten percent (10%) (the “Growth Revenues”) of
the School District Portion of the Spartanburg Park Revenues shall be disbursed to one of
the seven school districts in Spartanburg County which shall in turn divide and distribute
such amount to the seven school districts based on each district’s growth (the “Student
Growth Factor”);
The growth of each school district (the “School District Growth”) is based on the average
three year growth, which is determined as follows: previous fiscal year 135th average daily
membership minus the 135th average daily membership of the fourth preceding fiscal year
divided by three;

Page 108 of 118

The allocation to any one school district based on the Student Growth Factor shall not
exceed the Maximum Student Growth Allocation, which is determined as follows: (1) the
most recent available State Base Portion Student Cost for each district as determined in
accordance with the Education Finance Act, S.C. Code of Laws §59-20-10 et seq.,
multiplied by (2) School District Growth; excluding any school district with zero growth
or negative growth;
The Student Growth Factor for each district is determined as follows: the Maximum
Student Growth Allocation for that school district divided by the sum of the Maximum
Student Growth Allocation for all school districts;
After distributing Growth Revenues to each school district up to the Maximum Student
Growth Allocation should there still be Growth Revenues to be distributed, then
notwithstanding the Maximum Student Growth Allocation limitation, those monies shall
be distributed equally among all seven school districts in Spartanburg County;
The Student Growth Factor shall be approved on an annual basis by the Spartanburg
Education Oversight Committee, as established by Act 499 of 1998, as amended.; and
Eighth, to the extent a distribution is made under “Seventh” above, then to those taxing
districts (except the Host District) which overlap the applicable parcels within Spartanburg
County’s portion of the Parks, in a pro-rata fashion based on comparative millage rates for
the year in question of such taxing districts, provided that pursuant to “Seventh” above, if
the South Carolina Department of Revenue does not separately identify the net new
Spartanburg Park Revenues generated from investment on existing parcels located in the
Parks, the Spartanburg Park Revenues generated from investment on existing parcels shall
be distributed pro-rata pursuant to this paragraph; or
Ninth, to the extent a distribution is not made under “Seventh” above, then to those taxing
districts which overlap the applicable parcels within Spartanburg County’s portion of the
Parks, in a pro-rata fashion based on comparative millage rates for the year in question of
such taxing districts; and
provided, that (i) all taxing districts which overlap the applicable parcels within the Parks
shall receive some portion of the revenues generated from such parcels, and (ii) all revenues
receivable by a taxing entity (except the Host District and other school districts) in a fiscal
year shall be allocated to operations and maintenance and to debt service as determined by
the governing body of such taxing entity. The revenues distributed to the school districts
pursuant to “Seventh” above shall be allocated solely to operations and maintenance. The
Host District shall continue to receive 100% of the pro-rata share of the Spartanburg Park
Revenues attributable to its debt service millage for such year.

Page 109 of 118

SECTION II .

Park Agreements.

(a)
The Spartanburg Park Revenues retained with respect to each parcel within the joint county
industrial and business parks governed by the joint county industrial and business park agreements
identified on Exhibit A and the Future Park Agreements referred to in Exhibit B attached hereto (the
“Future Park Agreements”), shall hereafter be distributed in the manner and order of priority set forth in
this Ordinance. The park agreements excluded from this Ordinance are set forth in Exhibit C attached
hereto (the “Excluded Park Agreements”), which shall be distributed in accordance with such Excluded
Park Agreements and any related intergovernmental agreements.
(b)
This Ordinance shall supersede, on a prospective basis, any previous ordinances of the
County Council with respect to the Future Park Agreements to the extent such previous ordinances
conflict in any respect with the order of distribution of the Spartanburg Park Revenues provided for in
this Ordinance.
SECTION III. This Ordinance shall take effect upon third and final reading and approval by the
County Council.
SECTION IV. The 2015 General Distribution Ordinance shall be deemed amended by the
provisions of this Ordinance. All other ordinances, resolutions, and parts thereof the County Council in
conflict herewith are, to the extent of such conflict, hereby repealed.
[Remainder of page intentionally left blank]
[Signature page to follow]

Page 110 of 118

SPARTANBURG COUNTY, SOUTH CAROLINA

(SEAL)

By:_________________________________________
B. Cole Alverson
County Administrator

ATTEST:
____________________________________
Angela G. Walker
Clerk to County Council
First Reading:
July 20, 2026
Second Reading: August 17. 2026
Public Hearing: August 17, 2026
Third Reading:
September 21, 2026

Page 111 of 118

EXHIBIT A
PARK AGREEMENTS
(1)

BMW Park – by and between Spartanburg and Union Counties, dated July 26, 1993, as amended
on October 11, 1996, and as subsequently amended

(2)

Wingo Industrial Park – by and between Spartanburg and Union Counties, undated, and as
amended on October 11, 1996, and as subsequently amended

(3)

Herald Journal Park – by and between Spartanburg and Union Counties, dated July 11, 1994, as
amended on October 11, 1996, and as subsequently amended

(4)

Hillside Industrial Park – by and between Spartanburg and Union Counties, undated, and as
amended on October 11, 1996, and as subsequently amended

(5)

Highway 290 Corporate/Commerce Park – by and between Spartanburg and Union Counties,
undated, and as amended on October 11, 1996, and as subsequently amended

(6)

Corporate Center Commercial Park – by and between Spartanburg and Union Counties, undated,
and as amended on October 11, 1996, and as subsequently amended

(7)

Spartanburg/Lee Park – by and between Spartanburg and Lee Counties, dated December 19, 1994,
as amended [Terminated by O-14-37]

(8)

Tucapau Road – by and between Spartanburg and Union Counties, dated November 8, 1995, as
amended

(9)

Draper – by and between Spartanburg and Union Counties, dated July 15, 1997, as amended

(10)

Spartanburg/Cherokee Park No. 2 – by and between Spartanburg and Cherokee Counties, dated
December 13, 1999, as amended

(11)

3G Mermet – by and between Spartanburg and Cherokee Counties, dated January 1, 2001, as
amended

(12)

Spartanburg/Cherokee Park – by and between Spartanburg and Cherokee Counties, dated June 25,
2001, as amended

(13)

Donnelly Park – by and between Spartanburg and Union Counties, dated May 1, 2002, as amended

(14)

LSP Automotive Systems, LLC – by and between Spartanburg and Union Counties, dated August
21, 2006, as amended

(15)

Kohler Co. – by and between Spartanburg and Union Counties, dated November 20, 2006, as
amended

(16)

Liberty Property Limited Partnership Industrial Park – by and between Spartanburg and Union
Counties, dated March 19, 2007, as amended

A-1

Page 112 of 118

(17)

Spartanburg/Cherokee Park – by and between Spartanburg and Cherokee Counties, dated March
19, 2007, as amended

(18)

Michelin North America, Inc. – by and between Spartanburg and Union Counties, dated December
4, 2007, as amended

(19)

American Yuncheng – by and between Spartanburg and Union Counties, dated May 1, 2008, as
amended

(20)

Agreement for Development for Joint County Industrial Park by and between Spartanburg County
and Cherokee County, dated April 20, 2009, as amended

(21)

Master Agreement Governing the Multi-County Industrial Park between Spartanburg County and
Union County, dated June 20, 2011 (The ESAB Group, Inc. – Union County)

A-2

Page 113 of 118

EXHIBIT B
FUTURE PARK AGREEMENTS
(i) All joint county industrial and business park agreements to which Spartanburg County has become a
party subsequent to October 19, 2015, plus (ii) all joint county industrial and business park agreements to
which it may become a party from time to time in the future, less (iii) any joint county industrial and
business park agreements of Spartanburg County which Spartanburg County Council may expressly
exclude from time to time from the provisions of the Distribution Ordinance.

Page 114 of 118

EXHIBIT C
Excluded Park Agreements
1. City of Spartanburg Economic Development Partnership Park – by and between Spartanburg and
Cherokee Counties, dated December 31, 2018, as amended.
2. Morgan & Henry JOF ESA II, LLC - Stadium Park – by and between Spartanburg and Cherokee
Counties, dated August 5, 2024.
3. Joint Government Building Park – by and between Spartanburg and Cherokee Counties, dated
__________, 2026.

Page 115 of 118

STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG

)
)
)

I, the undersigned Clerk to County Council of Spartanburg County, South Carolina, do hereby certify
that attached hereto is a true, accurate and complete copy of an ordinance which was given reading, and
received majority approval, by the County Council at meetings of July 20, 2026, August 17, 2026 and
September 21, 2026, at which meetings a quorum of members of County Council were present and voted,
and an original of which ordinance is filed in the permanent records of the County Council.
_________________________________________
Clerk, Spartanburg County Council
Dated: September 21, 2026

Page 116 of 118

O-26-

AN ORDINANCE
AN ORDINANCE AMENDING SECTIONS 30-32 AND 30-35 OF THE SPARTANBURG
COUNTY NOISE ORDINANCE TO APPLY A WARNING REQUIREMENT FOR
VIOLATIONS OF SECTION 30-29 AND PROVIDE THAT VIOLATONS OF THE
NOISE ORDINANCE ARE CIVIL INFRACTIONS.
WHEREAS, Section 30-29 of the Code of the County of Spartanburg (“the Code”)
regulates noise generated by certain operations conducted between the hours of 9:00 p.m. and
7:00 a.m. within the unincorporated areas of Spartanburg County; and
WHEREAS, Section 30-32 of the Code provides that a warning must be provided prior
to issuance of a citation for certain violations of Chapter 30, Article II of the Code (“the Noise
Ordinance”) but expressly excludes the operations identified in Section 30-29 of the Code from
that requirement; and
WHEREAS, a violation of the Noise Ordinance is a criminal act, presently; and
WHEREAS, Spartanburg County Council has the power and duty to provide for the
general welfare and health of the citizens of Spartanburg County; and
WHEREAS, Spartanburg County Council has previously found that the regulation of
noise within the unincorporated area of Spartanburg County serves to promote the general welfare
and health of the citizens of Spartanburg County; and
WHEREAS, Spartanburg County Council finds that the creation of a warning requirement
for violations of Section 30-29 of the Code will be consistent with the purpose of the Noise
Ordinance, promote the efficient use of County resources, and encourage corrective behavior and
abatement of offensive noises; and
WHEREAS, Spartanburg County Council finds that enforcement of violations as civil
infractions, rather than criminal charges, provides sufficient deterrence; and
WHEREAS, this ordinance and the provisions of Chapter 30, Article II of the Code shall
remain enforceable in only the unincorporated areas of Spartanburg County.
NOW, THEREFORE, BE IT ORDAINED BY SPARTANBURG COUNTY
COUNCIL:
SECTION 1: Section 30-32(a) of Article II of Chapter 30 of the Code is amended to delete
Section 30-29 from the list of Noise Ordinances Sections that do not require issuance of a prior
warning by law enforcement or other officials. Except as amended, Section 30-32 continues
unchanged in full force and effect. Section 30-32(a), as amended, shall read as follows:

Page 117 of 118

Sec. 30-32. Warning or request for abatement.
(a) It shall not be necessary for the establishment of the element of willfulness as used in this
article that law enforcement or other officials shall have given prior warning or request
for abatement or reduction of noise in reference to the offenses described in section 3029, section 30-30, and subsection 30-31(b), the nature of those offenses being such that
the operator or permitting owner would be aware through their own perception of the
noise created, and presumed to have knowledge of violation through the existence of this
article.
…
SECTION 2: Section 30-35 of Article II of Chapter 30 of the Code is amended to provide
that a violation of Article II of Chapter 30 of the Code shall be a civil infraction. Section 30-35,
as amended, shall read as follows:
Sec. 30-35. Enforcement and penalties.
Any person violating the provisions of this article shall be guilty of a civil infraction offense
and, upon conviction, shall be punished by a fine not to exceed $500.00. The issuance of a
citation or uniform ordinance summons or imposition of one penalty for any violation of this
article shall not excuse the continued violation or permit it to continue and each violation shall
constitute a separate offense for purposes of the penalties and remedies specified herein.
SECTION 3: Except as specifically amended by this Ordinance, Article II of Chapter 30
of the Code shall continue in full force and effect and shall remain applicable to only the
unincorporated areas of Spartanburg County.
SECTION 4:

This Ordinance shall be effective upon third reading.
SPARTANBURG COUNTY COUNCIL
__________________________________
A. Manning Lynch
Chairman

ATTESTED
______________________
B. Cole Alverson
County Administrator

Page 118 of 118

First Reading: July 20, 2026
Second Reading: August 17, 2026
Third Reading: September 21, 2026
Public Hearing: August 17, 2026

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