HomeMy WebLinkAboutORD 5903 ATLANTA GAS LIGHT
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Augusta Richmond GA
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DOCUMENT NAME: O-/9Q{o - 5 r1G3
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DOCUMENT TYPE: Ord i (l()c() C e..
YEAR:
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BOX NUMBER:
FILE NUMBER: J:J 7 ) 'f
NUMBER OF PAGES:
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AN ORDINANCE 5'90.:3
AN ORDINANCE, GRANTING TO ATLANTA GAS LIGHT COMPANY, A GEORGIA
CORPORATION, HEREINAFTER DESIGNATED AS "GRANTEE", ITS SUCCESSORS AND
ASSIGNS, THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES,
ROADS, PUBLIC HIGHWAYS, ALLEYS, LANES, WAYS, PARKS, AND OTHER PUBLIC
PLACES OF AUGUSTA-RICHMOND COUNTY, GEORGIA, FOR CONSTRUCTING,
MAINTAINING, RENEWING, REPAIRING, AND OPERATING A GAS WORKS AND GAS
DISTRIBUTION SYSTEM, AND OTHER NECESSARY MEANS FOR MANUFACTURING,
TRANSMITTING, DISTRIBUTING AND SELLING OF MANUFACTURED, NATURAL OR
COMMINGLED GAS WITHIN AND THROUGH AUGUSTA-RICHMOND COUNTY" GEORGIA;
AND FIXING THE TERMS AND CONDITIONS OF SUCH GRANT.
WHEREAS, the Augusta-Richmond County Commission-Council and the undersigned
warrant and represent that, with the exception of the franchise granted to Atlanta Gas Light
Company, its successors and assigns, by ordinance passed August 1, 1966, by the City of
Augusta, Georgia, for a period of thirty (30) years, which franchise was accepted by Atlanta
Gas Light Company, Grantee, there is no franchise granted by Augusta-Richmond County in
force and effect, to any other person, firm or corporation, and that Augusta-Richmond County is
under no contract or obligation to any other person, firm or corporation, in anyway relating to the
installation of gas service in Augusta-Richmond County, Georgia; now, therefore:
BE IT ORDAINED by the Augusta-Richmond County Commission-Council, as follows:
SECTION 1.
The right is hereby granted to the Grantee, its successors c:lnd assigns, to lay,
construct, extend, maintain, renew, replace and repair gas pipes, valves, manholes, service
boxes, posts, lamps, structures, appliances and all appurtenances and appendages under,
along, through and across any streets, avenues, roads, public highways, alleys, lanes, ways,
parks and other public places within the territorial limits of the city, and to use and occupy the
said streets, avenues, roads, public highways, alleys, lanes, ways, parks and other public places
for the purpose of therein laying, constructing, extending, maintaining, renewing, replacing and
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repairin~' 'm~i~~, pipes, 'valves, manholes, service boxes, posts, lan~ps, str~~ture,~',:' appliances
and all appurtenances and appendages thereto, used and useful for the manufacture,
transmission, distribution and sale of gas within and through the present or future territorial limits
of Augusta-Richmond County, such right, when exercised as herein provided, to continue for
thirty (30) years after date of approval of this ordinance.
SECTION 2. Grantee shall be entitled to charge for gas furnished by it such rates as
are prescribed by the Public Service Commission or other lawful regulatory body of the State of
Georgia.
SECTION 3. Grantee hereby agrees and covenants, for and in consideration of the
rights and privileges herein granted to it, to pay within sixty (60) days following the end of each
quarterly period to Augusta-Richmond County three percent (3%) of the gas sales receipts
received by Grantee from customers served under all rate schedules except for interruptible
rate schedules or interruptible contracts as defined and approved by the Georgia Public Service
Commission (or any successor State regulatory group) within the territorial limits of Augusta-
Richmond County during the preceding quarterly period. Augusta-Richmond County shall notify
grantee of any annexations, de-annexations or other changes of the territorial limits of Augusta-
Richmond County. Said notice shall be made within 30 days of any such change.
It is provided, however, that should Augusta-Richmond County require Grantee to pay
any license fee or tax, excise tax, indirect tax, occupation tax, franchise tax, privilege tax, gross
receipts tax, regulation charge or related fees, taxes or charges, and excepting ad valorem
taxes the aggregate amount of such fees, taxes and charges shall be deducted in full by
Grantee from the quarterly payment or payments subsequently accruing to Augusta-
Richmond County. The quarterly periods for which such payments shall be made shall
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commence
upon
the first day of the
month immediately follow'i~g proper adoption,
acceptance and effectiveness of this franchise ordinance. The Augusta-Richmond County
Commission-Council through their 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 its revenues received from the sale of gas as set forth above within said territorial
limits.
SECTION 4. All rights herein granted and authorized shall be subject to and governed
only by this ordinance; provided, however, that Augusta-Richmond County expressly reserves
unto itself all of its police power to adopt general ordinances necessary to protect the safety and
welfare of the general public in relation to the rights hereby granted not inconsistent with the
provisions of this ordinance.
SECTION 5. Grantee upon making an opening upon any of the streets, avenues,
roads, public ,highways, alleys, lanes, ways, parks and other public places in Augusta-Richmond
County, for the purpose of laying, repairing or maintaining gas mains, shall use due care and
caution to prevent injury to persons, and shall replace and restore all public ways to their former
condition as nearly as practicable, and within a reasonable time, and shall not unnecessarily
obstruct or impede traffic upon the streets, avenues,' roads, public highways, alleys, lanes,
ways, parks and other places of said Augusta-Richmond County.
SECTION 6. Grantee shall save and keep harmless Augusta-Richmond County from
any and all liability by reason of damage or injury to any person or persons whomsoever, on
account of negligence of the Grantee in the installation, maintenance and repair of its mains and
pipe lines along said streets, avenues, roads, public highways, alleys, lanes, ways, parks and
other public places in Augusta-Richmond County provided the Grantee shall have been notified
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in writing' of 'any daim against Augusta-Richmond County on account thereof and shall have
been given ample opportunity to defend the same.
SECTION 7. This ordinance, after its passag~ according to law, in writing duly filed
with the Augusta-Richmond County Commission-Council Clerk, shall be effective and in full
force after the date of acceptance by Atlanta Gas Light Company.
SECTION 8. Unless 120 days written notice is given by one party to the other prior to
the expiration of this agreement, this franchise shall be considered as renewed and binding in
all its provisions for ten (10) years after such expiration and this franchise shall so continue in
operation and effect for a further and second term of ten (10) years unless such notice be given
by either party prior to the expiration of the first such renewed term.
SECTION 9. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Commission-Council on the
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This ordinance adopted
of Augusta-Richmond County
Approved this
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(SEAL) .
Clerk of Aug t -Richmond County, Georgia
Recorded in the Minutes of Augusta-Richmond County, Georgia, on Page
,on ,19
, Book
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Atlanta Gas light Company
June 18, 1996
City Council Municipal Building
530 Greene Street
Augusta, Georgia 30911
Dear Augusta-Richmond County Commission-Council:
In order to induce the Augusta-Richmond County Commission-Council to adopt a
franchise ordinance in the form hereto attached within the next sixty (60) days,
Atlanta Gas Light Company (the "Company") agrees that if such ordinance is thus
granted and accepted by the Company, and should the Company thereafter agree
during the term of such ordinance to pay to any other municipality in the State of
Georgia in which gas service is being furnished by the Company under rates and
conditions similar to those in effect in Augusta-Richmond County at that time, a
greater percentage of the gas sales receipts as specified in Section 3 of the
attached form of ordinance, the Company shall increase Augusta-Richmond
County under such Section 3 to such greater percent, which greater percent shall
become effective with the commencement of the next following quarterly period
and remain effective for so long as the Company pays such greater percent to
such other municipality, subject, however, to the rates schedules, tariffs, Rules
and Regulations of the Company approved by the Georgia Public Service
Com_mission or other regulatory agencies in effect from time to time.
Sincerely,
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Charlie J. Lail
Senior Vice President
Operations Improvement
fps
c: Bryan Batson
Jerry Brown
augusla5.611BI96.455 PM p, 0, Box 4569 Atlanta. Georgia 30302 Phone (404) 584-4000
AUllp~tt~= JEll~Ihlmm<ID1Dlcdl CC<IDUllml tty CC<IDmffimffin ~~ll<ID1Dl=CC<<bUll~~ftn
ROOM 801 . CITY.COUNTY MUNICIPAL BLDG, (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821.2488
Fax No, (706) 722-5984
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H, BRIGHAM
INILLIAM B, KUHLKE. JR
WM, "\NILLlE" H, MAYS, III
J,B. POwaL
MOSES TODD
ROBERT ZETTERBERG
LINDA W BEAZLEY
Administrator - Administration
LARRY E, SCONYERS
Mayor
FREDDIE L. HANDY
Mayor Pro Tern
December 9, 1996
CHARLES DILLARD
Administrator. Operations
JAMES B. WALL
Attorney
Ms. Lena Bonner
Clerk, Commission
Reply to:
P,O,BOX 2125
Augusta. GA 30903
Dear Lena:
I am enclosing a copy of Atlanta Gas Light's letter of
September 25, 1996, requesting that acceptance be acknowledged. I
am also enclosing a copy of the minutes from the October 15, 1996
Commission-Council meeting, wherein acceptance of the ordinance was
noted. Please complete this form and forward to Mr. Lail.
Thanking you and with best personal regards, I am
JBWjsjp
truly,
------
Wall
Enclosure
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OFFICE OF THE CLERK OF COMMISSION
Lena J. Bonner, eM C
Clerk of Commission
Nancy Morawski
Deputy Clerk
February 28, 1997
Certified Mail Return Recepit Requested
Mr. Charlie J. Lail
Georgia Natural Gas Company
Senior Vice President
Operations Improvement
P.O. Box 4569
Atlantaf Georgia 30302
Dear Mr. Lail:
As you requested, I am forwarding to you the "letter of
acceptance" of the franchise agreement for Georgia Natural Gas
Company granted by Ordinance which was passed by the Augusta-
Richmond County Commission on July 3, 1996.
Should you have any questions or need any additional information,
please do not hesitate to call.
na J. Bonner
Clerk of Commission
Enclosure:
cc: H. Bryan Batson, Manager, Georgia Natural Gas Company
cc: Randy Oliver, ARC Administrator
cc: James B. Wall, ARC Attorney ~
530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (706) 821-1838
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Atlanta Gas Light Company
September 25, 1996
Mayor Larry E. Sconyers
P. O. Box 2125
Augusta, Georgia 30903
Dear Mayor Sconyers:
Atlanta Gas Light Company accepts the terms of an ordinance passed July 3,
1996, by the Council of Augusta-Richmond County. The ordinance grants
Atlanta Gas Light Company, its successors and assigns the right and franchise
to install and maintain a gas distribution system within and through Augusta-
Richmond County, Georgia, subject to the terms and conditions therein granted.
We respectfully request that you have this letter of acceptance read at your next
council meeting and that you note the acceptance in the minutes of that meeting.
After the meeting, please fill in the information below and mail it to us. You will
need to provide the date of the meeting along with the book and page number of
the minutes where the acceptance is noted.
We appreciate the opportunity to continue to provide natural gas service to
Augusta-Richmond County.
;:;~ /4)
Charlie J. Lail
Senior Vice President
Operations Improvement
Acceptance is recorded on Page 47
Council at the meeting held on 10-1 'i-q,;
, in the Minute Book of the Mayor and City
,1996.
accept2
p, O. Box 4569 Atlanta, Georgia 30302 Phone (404) 584-4000
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CLERK: 49: Communication from the Attorney regarding
acceptance of the franchise for Georgia Natural Gas Company
granted by the ordinance passed July 3, 1996.
MR. WALL: They have ,signed off on the ordinance, and I'm
not sure why they want this letter approved, but they've asked
that we indicate the -- note the acceptance, and I recommend
approval.
MR. H. BRIGHAM: So move, Mr. Mayor.
MR. HANDY: Second.
MAYOR SCONYERS: Motion by Mr. Brigham, seconded by Mr.
Handy. Discussion, gentlemen?
MR. TODD: Yes.
MAYOR SCONYERS: Mr. Todd?
MR. TODD: Is this going to cover them from city limits line
to city limits line?
MR. WALL:
Yes, sir.
MR.' TODD:
the new Federal
it in reference
Mr. Wall?
And I guess my other question is going to be, in
Communication Act, I guess, or whatever we call
franchises, are we in compliance with all that,
MR. WALL: Are we in compliance? Yes, we're in compliance.
We are reviewing the zoning ordinance to make any modifications
that may become necessary, and we're also reviewing it from the
standpoint of the cable franchise agreement as well, and that's
been the delay in bringing that before you.
MR. TODD: Okay. Thank you.
MAYOR SCONYERS: Further discussion, gentlemen? All in favor
of Mr. Brigham's motion, let it be known by raising your hand,
please.
MOTION CARRIES 9-0.
[MR. POWELL OUT]
CLERK: Item 50: Communication from the Attorney regarding
consideration on an Ordinance to change the date for adopting the
temporary budget.
MR. WALL: I put this on at the request of Butch, and he may
want to ad~ress it, but currently the temporary -- here he is.
The temporary budget has to be adopted by the third Tuesday in
November, and he and I were speaking the other day and wanted to
know if it could be postponed with the idea that with a new
Administrator coming on, since it was his budget, particularly as
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Georgia Natural Gas Company
-.-A-oi~;;i~~ Of- ;:;i~n~~'- G~; Li~h~- 'c~~~~-~-y --- - _.. . --- .-- _.~._4_' -. _4 __n__ _~__.._n__n___'___ -~~--
, September 30, 1996
Mayor Larry E. Sconyers
p, 0, Box 2125
Augusta, GA 30903
Dear Mayor Sconyers:
Enclosed is the Acceptance Letter for the Augusta-Richmond County
franchise, Please complete the reading and recording of this letter and return
the original to this office for final processing.
Should you have any questions, I may be reached at (706) 481-1414. '
Sincerely,
J/ r3o- ~ ,J;-~
H. Bryan Batson
Manager
HBB:vtk
Enclosure
p, 0, Box 1426 Augusta, Georgia 30913-3699 Phone (706) 481-1400
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AUGUSTA"!RICHMOND COUNTY COMMISSION
ROOM 801 MUNICIPAL BLDG. (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No, (706) 722-5984
LARRY E. SCONYERS
Mayor
FREDDIE L. HANDY
Mayor Pro Tern
February 27, 1997
Hand Delivered
Ms. Lena Bonner
Clerk, Commission
RE: Atlanta Gas Light Acceptance Letter
Dear Lena:
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
WILLIAM B, KUHLKE, JR,
WM, "WILLIE" H, MAYS. ill
J. B, POWELL
MOSES TODD
ROB ZETItRBERG
CHARLES R. OLIVER, P E, CPA
Administrator
JAMES B, WALL
Attorney
Reply to:
P.O, BOX 2125
Augusta, GA, 30903
I have received a memo from Randy Oliver forwarding a
further request from Bryan Batson, Manager of Georgia Natural Gas
Company, for the acceptance letter. You will recall that this was
placed on the agenda for the first meeting in December; however, it
was removed after I reminded the Commission that for~arding the
letter of acceptance had previously been approved in the October
15,1996 Commission-CounciL meeting. On December 9, I forwarded to
you the September 25, 1996, letter in question, along with the
minutes. I presume that this letter was forwarded to Mr. Lail at
that .time. I suggest that you complete this letter one further
time, forward same to Mr. Lail, with a copy to Mr. Bryan Batson,
with both copies to be sent certified mail, return receipt
requested. If I can be of any further assistance, please let me
know. .
~.
With best personal regards, I am
truly,
JBWjsjp
cc: Randy Oliver