Loading...
HomeMy Public PortalAboutElectric franchise agreement A FRANCHISE AGREEMENT GRANTING AN ELECTRIC FRANCHISE TO SAVANNAH ELECTRIC AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF TYBEE ISLAND, A MUNICIPAL CORPORATION IN CHATHAM COUNTY, GEORGIA, SUPPLEMENTAL TO THE EXISTING RIGHTS, PERMITS AND FRANCHISES NOW HELD BY SAID COMPANY. PREAMBLE WHEREAS, SAVANNAH ELECTRIC AND POWER COMPANY is presently serving the territory embraced within the present corporate limits of the City of Tybee lsland, a municipal corporation in Chatham County, Georgia, with electric lights, heat and power service, as a public utility, under the rights, permits and franchises as heretofore granted unto it by the City of Tybee Island, for the construction and maintenance of poles, lines and wires for the transmission and distribution of such electric energy; and .WHEREAS, it is mutually desirable to formally confirm and supplement the existing rights held by SAVANNAH ELECTRIC AND POWER COMPANY for the conduct of its said business as a public utility and to provide additional rights and privileges to the Company for the conduct of its said business and to provide for the payment of certain franchise taxes to the City of Tybee Island incident to the exercise thereof and in consideration therefor; NOW, THEREFORE, the City of Tybee Island hereby adopts the following: AGIVII2E;N'T . GRANTING AN ELECTRIC FRANCHISE TO SAVANNAH ELECTRIC AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF TYBEE ISLAND, A MUNICIPAL CORPORATION IN CHATHAM COUNTY, GEORGIA, SUPPLEMENT- ING EXISTING RIGHTS. BE IT ORDAINED by the Mayor and City Council of the City of Tybee Island as follows: Section 1. In consideration of the benefits that will accrue to the City of Tybee Island (hereinafter sometimes referred to as "City ") and the inhabitants thereof and the franchise taxes herein provided, SAVANNAH ELECTRIC AND POWER COMPANY, its suc- cessors and assigns (hereinafter sometimes referred to as the "Grantee "), is hereby given and vested, for a period of thirty -five (35) years from the effective date of this Ordinance, with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, renew, repair, maintain, operate and conduct within the present and future corporate limits of the City of Tybee Island, a plant or plants and system for the manu- facture, transmission and distribution of electric current and energy and to sell and furnish electric energy for power, heat and light and all purposes whatsoever. Section 2. The said Grantee is hereby given and vested with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, renew, repair, maintain, operate and conduct within the present and future corporate limits of said City a system of poles, towers, lines, conduits, Cables, conductors, transforming stations, fittings and all equipment, apparatus, appliances or appurtenances necessary or desirable to the transmission, distribution or sale of elec- tric current for all purposes whatsoever in, over, under, along, upon and across all streets, avenues, alleys, lanes, ways, roads, parks, bridges and public places in said City as they now exist or may hereafter be laid out or extended, together with the fur- ther right, privilege and franchise to construct, erect, suspend, install, renew, repair, maintain and operate such poles, towers, conduits, cables, wires, conductors, transforming stations, fit- tings and all equipment, apparatus, appliances and appurtenances necessary or desirable to the furnishing, sale, supplying and -2- • distributing to said City and to the inhabitants and corporations, both within and beyond the limits thereof, electric energy for lighting, heating, power and all other purposes for which elec- tric energy may be used now or hereafter, and for the purpose of extending its lines and furnishing electric current beyond the limits of said City and to cut and trim or remove trees and shrub- bery when and where necessary, in the judgment of the Company to insure safe and efficient service. Section 3. So long as Grantee is engaged in the exercise of said franchise and in the conduct of its business as a public utility in said City and so long as the City shall not engage in " I such competing utility business, Grantee shall, as reasonable compensation for such use and in lieu of and in full payment of all taxes, including license, franchise and occupation taxes, imposed or to be imposed upon Grantee by said City, except ad valorem taxes and license taxes on the sale of home appliances, lawfully levied upon the value of the Grantee's physical proper- ties and franchise within said City, as the sane may now or here- after be assessed under the laws of the State of Georgia (pro- vided, however, that the total amount of the monetary payment by Grantee shall be credited against the ad valorem taxes levied by the City upon the value of Grantee's franchise therein as so assessed, as is provided for by Section 91A -1806 of the Code of Georgia of 1933), pay into the treasury of said City within ninety (90) days following the end of each calendar year the percent- ages as set forth below of the gross receipts of Grantee from the sale of electric energy within the territorial limits of the City to customers served under the residential and commercial rate schedules (as prescribed from time to time by the Georgia Public.Service Commission) during the preceding annual period: For the year 1982 3.5% For the Year 1983 and thereafter 4.0% -3- • . • • Payments hereunder shall be retroactive to and commence with the year beginning January 1, 1982, with all sums previously paid by Grantee on account of the 1982 franchise payment being credited thereto. Five years from the date of adoption hereof and every five years thereafter, the amount of the percentage used to com- pute the franchise payment herein provided may be subject to negotiation between the City and the Grantee upon either giving notice to the other in writing of its desire to negotiate a different percentage. Such notice shall be given to the other at least 120 days prior to the appropriate anniversary date. Provided, however, that should the said City require Grantee to pay any license fee or tax (except license taxes on the sale of home appliances), excise tax, indirect tax, occupation tax, fran- chise tax, privilege tax, regulation charge or related fees, taxes or charges, excepting ad valorem taxes, the aggregate amount of such fees, taxes and charges shall be deducted in full by Grantee from the payment or payments subsequently accruing to said City. The Mayor and City Council of the City of Tybee Island through its authorized representative or representatives, shall have the right to inspect and audit the books and records of Grantee for the purpose of determining the amount of revenues received from the sale of electric energy to customers served under residential and commercial rate schedules (as prescribed from time to time by the Georgia Public Service Commission), Section 4. The Grantee shall, in constructing, maintain- ing, operating and extending its poles, wires and other appara- tus, submit and be subject to all reasonable exercises of the police power by the City. Nothing contained herein,, however, shall require the Grantee to surrender or limit its property rights created hereby without due process of law, including ade- quate 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. -4- i Section 5. Whenever the Grantee shall cause any opening or alteration to be made in any of the streets, avenues, alleys, ways, bridges or public places in said City for the purpose of installing, maintaining, operating or repairing any poles, towers, conduits, cables and other appliances, the work shall be completed within a reasonable time, and the Grantee shall upon the comple- tion of such work restore such portion of the streets, avenues, alleys, ways, bridges or other public places to as good condition as it was before the opening or alteration was so made. Section 6. The Grantee shall hold said City harmless from any and all liability or damages resulting from the negligence of the Grantee in the construction, maintenance or operation of said poles, towers, conduits, wires, cables or other appliances. Section 7. The Grantee may, from time to time, declare, make and enforce reasonable rules and regulations as a condition for the sale or distribution by it of electric current to any person, firm or corporation. Section 8. In the event the supply of electric energy should be interrupted or fail by reason of accident or otherwise beyond the control of the Grantee, the Grantee shall restore the service within a reasonable time, and such interruption shall not consti- tute a breach of this franchise. Section 9. The Grantee shall install and maintain meters for measuring current, and shall have free access to the premises of the consumer, from time to time, for the purpose of reading, repairing, testing and maintaining the meters and appurtenances. Section 10. The Grantee shall not be required to furnish electricity to any person, firm or corporation until satisfied of their financial responsibility, and may require reasonable security to insure payment for electric energy to be furnished hereunder. Section 11. The rates charged for electric energy furnish- ed hereunder shall at all times be subject to alteration, -5- regulation and revision by the Public Service Commission of Geor- gia or other authority vested with such power. Section 12. Whenever in this Ordinance either the City of Tybee Island or the Grantee is named or referred to, it shall be deemed to include the respective successor, successors or assigns and /or lessees of either, and all rights, privileges and obliga- tions herein conferred shall bind and inure to the benefit of such successor,, successors or assigns and /or lessees of said City of Tybee Island, or of the Grantee. Section 13. The rights and privileges herein set forth are non - exclusive, and the SAVANNAH ELECTRIC AND POWER COMPANY, its successors or assigns, shall, within ninety (90) days after the passage and approval of this Ordinance, file a written acceptance of this Ordinance with the Mayor or Clerk of said city. • The acceptance of this Ordinance by SAVANNAH ELECTRIC AND POWER COMPANY shall be without prejudice to its previously exist- ing rights, permits and franchises, as set forth in the preamble to this Ordinance; and without prejudice to the continuance in said Company, its successors and assigns, of all such rights, which shall remain of full force and effect, and all of the terms and provisions herein set forth in this Ordinance for the benefit of SAVANNAH ELECTRIC AND POWER its successors and assigns, shall not constitute a substitution for or a merger with such existing rights but shall in all respects be considered and confirmed as supplemental thereto. ADOPTED, this the `, day of , 1982. / r • Mayor ` .sii t PRO TEM e) /.-- /It4g, 27 -6- • • • . . • • Attest: C $ • • - ouncil of the City of Tybee Island • -7- . • I , Rowena B. Fripp , Clerk of the Mayor and City Council of the City of Tybee Island, do hereby certify that the within and foregoing is a true and correct copy of the Ordinance duly and regularly adopted by said Mayor and Council of the City of Tybee Island on the 8thday of December, 1982, as recorded in Minute Book 30 , Page -- , of the Official Records of said City. Given under my hand and the seal of my office this 8th y y day of Decer , 1982. c3 � T erk U 0 -8-