HomeMy WebLinkAboutJefferson Electric Membership Corporation
Augusta Richmond GA
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YEAR: 19 q Co
BOX NUMBER: )
FILE NUMBER: ) ~ II S
NUMBER OF PAGES:
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FRANCHISE GRANTED
JEFFERSON ELECTRIC MEMBERSHIP CORPORATION
BY
AUGUSTA-RICHMOND COUNTY
ON
March 19
I 1996
o/AJ ~3. /!i3t
The within franchise accepted on
I 1996
JEFFERSON ELECTRIC MEMBERSHIP
CORPORATION ~
BY:~ ~'
As its President
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ORDINANCE GRANTING PERMISSION AND CONSENT to Jefferson Electric Membership
Corporation, its successors, lessees and assigns, to occupy the streets and
public places of the City of Augusta-Richmond County 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 of
Augusta-Richmond County Commission-Council (hereafter referred to as the "City") ,
, that the authority, right, permission and consent are hereby granted to Jefferson
Electric Membership Corporation, its successors, lessees and assigns (hereafter
referred to as the "Company"), for a period of Fifty (50) years, to occupy and
use the streets, alleys and public places of the City within the present and
future limits of the said 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 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 it 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 made for the following considerations and upon the
following terms and conditions, to-wit:
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 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 its
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 imposi,tion of any kind
required, demanded or exacted by the City on any account, other than ad valorem
taxes on property and license taxes on the sale of home appliances, shall operate
to reduce to that extent the amount due from the percentage of gross sales above
provided for.
3. The Company shall fully protect, indemnify and save harmless the City
from all damages to person or property caused by the construction, maintenance,
operation or extension of poles, wires or other apparatus, or conditions of
streets, alleys or public places resulting therefrom, for which the said City
would otherwise be liable.
4. The Company shall, in constructing, maintaining, operating and
extending its poles, wires and other apparatus, 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
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of any other entity, private or governmental.
SECTION III. Be it further ordained that the Company shall, within ninety
days from the approval of this ordinance, file its written acceptance of the same
with the Clerk of said City, so as to form a contract between the parties.
SECTION IV. Be it further ordained that upon such acceptance all laws and
ordinances, and all agreements between the parties, in conflict herewith be and
the same shall thereupon stand repealed and terminated, respectively.
/Il)J:071f f ~'t
the
City
Of
Augusta-Richmond
County
at
a
meeting
held
J rM or
I, 'M ~, Clerk of
Commission- ouncB ere y certify that I was present a
, Commission-Council of the Augusta-Richmond County, held on ,
1996, which meeting was duly and legally called and held, a d at w ch "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 said Commission-
Council at said meeting.
, 1996.
and the corporate seal of
of Georgia, this
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LA,RRY E. SCONYERS
Chairman
FREDDIE L. HANDY
Vice-Chairman
BOARD OF C10lY[MKSSKONJERS
HENRY H. BRIGHAM
JERRY BRIGHAM
Wm. 'WILLlE' H, MAYS, III
LEE NEEL, III
J. B. POWELL
MOSES TODD
ROOM 605 . CITY.COUNTY MUNICIPAL 8LOG, (11)
AUGUSTA, GEORGIA 30911
8us. (706) 821-:1488
Fax No. (706) 722-5984
LINDA W. BEAZLEY
County Administrator
WALTER S. HORNSBY. III
Assl. County Admlnistralor
JAMES B, WALL
County Attorney
May 3, 1996
Reply To:
P. O. BOX 2125
Augusta. GA 30903
Ms. Lena Bonner
~lerk, Commission-Council
City-County Bldg. (11)
Augusta, GA 30911
Dear Lena:
I enclose herewith the fully executed Franchise Agreement
between Augusta-Richmond County and Jefferson Electric Membership
Corporation. Please place this in the permanent records and
Ordinance book.
Thanking you and with best personal regards, I am
JBWjsjp
ery truly,
-
B. Wall
Enclosures
cc: Mrs. Linda W. Beazley
Administrator - Administration
Mr. A. B. "Butch" McKie