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ORDINANCE GRANTING FRANCHISE
To
GEORGIA POWER COMPANY
By
CITY OF TYBEE ISLAND
On
I CI 2009
The within franchise accepted on
14 2009.
GEORGIA POWER COMPANY
By: 1 1 A,
ent
ORDINANCE GRANTING PERMISSION AND CONSENT to Georgia Power Company, a
Georgia corporation, and its successors, lessees, and assigns (hereinafter referred to collectively as the
"Company to occupy the streets and public places of the City of Tybee Island, Georgia, a municipality
and political subdivision of the State of Georgia (hereinafter referred to as the "City in constructing,
maintaining, operating, and extending poles, lines, cables, equipment, and other apparatus for transmitting
and distributing electricity and for other purposes.
SECTION I. Be it ordained by the governing authority of the City that the authority, right,
permission, and consent are hereby granted to the Company, for a period of thirty-five (35) years from the
date of the Company's acceptance hereof, to occupy and use the streets, alleys, and public places of the
City within the present and future corporate limits of the City as from time to time the Company may
deem proper or necessary for the overhead or underground construction, maintenance, operation, and
extension of poles, towers, lines, wires, cables, conduits, insulators, transformers, appliances, equipment,
connections, and other apparatus (hereinafter referred to collectively as the "Company's Facilities for
the business and purpose of transmitting, conveying, conducting, using, supplying, and distributing
electricity for light, heat, power, and other purposes for which electric current may be or become useful or
practicable for public or private use, and to re -enter upon such streets, alleys, and public places from time
to time as the Company may deem proper or necessary to perform these functions, and to cut and trim
trees and shrubbery when and where necessary, in the judgment of the Company, to insure safe and
efficient service.
SECTION II. Be it further ordained that the rights, permission, and consents herein contained
are granted for the following considerations and upon the following terms and conditions:
1. The Company shall pay into the treasury of the City (a) on or before the first day of
March in each year following the granting of this franchise, a sum of money equal to four percent (4 of
the gross sales of electric energy to customers served under residential and commercial rate schedules (as
prescribed by the Georgia Public Service Commission) within the corporate limits of the City during the
preceding calendar year and four percent (4 of the gross sales of electric energy to customers served
under industrial rate schedules (as so prescribed) within the corporate limits of the City during the period
beginning on the first day of the month following the granting of this franchise and ending on December
31 thereafter and (b) on or before the first day of March of each year thereafter during the term of this
franchise, a sum of money equal to four percent (4 of the gross sales of electric energy to customers
served under residential, commercial, and industrial rate schedules (as so prescribed) within the corporate
limits of the City during the preceding calendar year, on condition that in the event the City shall grant to
any other entity the right to use and occupy the City's streets for like purposes, such use and occupancy
shall be upon the same terms and conditions as those herein contained, including the payment provisions
hereof.
2. The amount, if any, of any tax, fee, charge, or imposition of any kind required, demanded,
or exacted by the City on any account, other than ad valorem taxes on property, shall operate to reduce to
that extent the amount due from the percentage of gross sales provided for in paragraph 1 of this Section
II.
3. The Company shall fully protect, indemnify, and save harmless the City from all damages
to persons or property caused by the construction, maintenance, operation, or extension of the Company's
Facilities, or conditions of streets, alleys, or public places resulting therefrom, for which the City would
otherwise be liable.
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4. The Company shall, in constructing, maintaining, operating, and extending the Company's
Facilities, submit and be subject to all reasonable exercises of the police power by the City. Nothing
contained herein, however, shall require the Company to surrender or limit its property rights created
hereby without due process of law, including adequate compensation, for any other purpose at the
instance of the City or for any purpose at the instance of any other entity, private or governmental.
5. For purposes of paragraph 6 of this Section II, the term "Distribution Facilities" means
poles, lines, wires, cables, conductors, insulators, transformers, appliances, equipment, connections, and
other apparatus installed by or on behalf of the Company (whether before or after the adoption of this
ordinance) in the streets, alleys, or public places of the City for the purpose of distributing electricity
within the present and future corporate limits of the City. Distribution Facilities do not include any of the
following: (i) electric transmission lines with a design operating voltage of 46 kilovolts or greater
(hereinafter referred to as "Transmission Lines (ii) poles, towers, frames, or other supporting structures
for Transmission Lines (hereinafter referred to as "Transmission Structures (iii) Transmission Lines
and related wires, cables, conductors, insulators, or other apparatus attached to Transmission Structures;
(iv) lines, wires, cables, or conductors installed in concrete encased ductwork; or (v) network
underground facilities.
6. In the event that the City or any other entity acting on behalf of the City requests or
demands that the Company relocate any Distribution Facilities from their then current locations within
the streets, alleys, and public places of the City in connection with a public project or improvement, then
the Company shall relocate, at its expense, the Distribution Facilities affected by such project or
improvement. The Company's obligations under this paragraph 6 shall apply without regard to whether
the Company has acquired, or claims to have acquired, an easement or other property right with respect to
such Distribution Facilities and shall not affect the amounts paid or to be paid to the City under the
provisions of paragraph 1 of this Section II. Notwithstanding the foregoing provisions of this paragraph
6, the Company shall not be obligated to relocate, at its expense, any of the following: (i) Distribution
Facilities that are located on private property at the time relocation is requested or demanded; (ii)
Distribution Facilities that are relocated in connection with sidewalk improvements (unless such sidewalk
improvements are related to or associated with road widenings, the creation of new turn lanes, or the
addition of acceleration/deceleration lanes); (iii) Distribution facilities that are relocated in connection
with streetscape projects or other projects undertaken primarily for aesthetic purposes; or (iv) Distribution
Facilities that are converted from an overhead configuration or installation to an underground
configuration or installation.
7. The City and the Company recognize that both parties benefit from economic development
within the City. Accordingly, when it is necessary to relocate any of the Company's Facilities (whether
Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) within the City,
the City and the Company shall work cooperatively to minimize costs, delays, and inconvenience to both
parties while ensuring compliance with applicable laws and regulations. In addition, the City and the
Company shall communicate in a timely fashion to coordinate projects included in the City's five -year
capital improvement plan, the City's short-term work program, or the City's annual budget in an effort to
minimize relocation of the Company's Facilities. Such communication may include, but is not limited to,
(i) both parties' participation in the Georgia Utilities Coordinating Council, Inc. (or any successor
organization) or a local utilities coordinating council (or any successor organization) and (ii) both parties'
use of the National Joint Utility Notification System (or any successor to such system mutually acceptable
to both parties).
8. With regard to each streetscape project undertaken by or on behalf of the City, the City shall
pay the Company in advance for the Company's estimated cost to relocate any of the Company's Facilities
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(whether Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) in
connection with such project. For each streetscape project, the Company shall estimate in good faith the
amount of incremental base revenue, if any, that the Company will realize as a result of new customer
load or expansion of existing customer load attributable to such project; and such estimate shall be based
on tariffs in effect at the time that construction of such project begins and shall not include fuel recovery
charges, non electric service billings, or taxes. If such estimate indicates that the Company will realize
incremental base revenue, the Company shall do one of the following, whichever results in greater cost
savings to the City: (i) reduce the City's advance payment to the Company for relocation costs by ten
percent (10 or (ii) where the City has developed a bona fide marketing plan within twelve (12) months
after construction of such project begins, either refund the amount of the Company's incremental base
revenue during such twelve -month period to the City or credit such amount against any future payment
due from the City to the Company. The City and the Company acknowledge and agree that the amount of
any refund or credit calculated pursuant to clause (ii) of the foregoing sentence of this paragraph 8 shall
not exceed the amount of the City's advance payment to the Company for relocation costs associated with
such project.
SECTION III. Be it further ordained that nothing contained in this ordinance shall limit or
restrict the right of customers within the corporate limits of the City to select an electric supplier as may
hereafter be provided by law.
SECTION IV. Be it further ordained that from time to time after the approval of this ordinance,
the Company and the City may enter into such additional agreements as the Company and the City deem
reasonable and appropriate; provided, however, that such agreements shall not be inconsistent with the
terms and conditions of the franchise granted in this ordinance, shall not extend beyond the term of the
franchise, and shall be enforceable separate and apart from the franchise.
SECTION V. Be it further ordained that the Company shall, within ninety (90) days from the
approval of this ordinance, file the Company's written acceptance of the franchise granted in this
ordinance with the Clerk of the City, so as to form a contract between the Company and the City.
SECTION VI. Be it further ordained that upon such acceptance all laws and ordinances, and all
agreements between the Company and the City with respect to the Company's use of the City's streets,
alleys, and public places, in actual conflict herewith be and the same shall thereupon stand repealed and
terminated, respectively.
Adopted by the City Council of the City of Tybee Island, Georgia, at a meeting held on
filliti 2009.
Approved: il 2009.
III
All i wr
or
ittl O 4 4 a A 4. .i (L)6 2 2
ed -3-
I, 1 VI Owl L )a: Clerk of the City of Tybee Island, Georgia, hereby
certify that I was present at the meeting of the City Council of the City of Tybee Island, Georgia, held on
2009, which meeting was duly and legally called and held, and at which a
quorum was present, and that an ordinance, a true and correct copy of which I hereby certify the
foregoing to be, was duly passed and adopted by the City Council of the City of Tybee Island, Georgia, at
said meeting.
IN WITNESS WHEREOF, I hereunto set my hand and the corporate seal of the City of Tybee
Ski
Island, County of Chatham, State of Georgia, this /7 day of 2009.
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Z(_41-?4,,
Clerk
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