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HomeMy WebLinkAboutORD 5903 ATLANTA GAS LIGHT I Augusta Richmond GA i i DOCUMENT NAME: O-/9Q{o - 5 r1G3 I DOCUMENT TYPE: Ord i (l()c() C e.. YEAR: ! qq (p BOX NUMBER: FILE NUMBER: J:J 7 ) 'f NUMBER OF PAGES: I I " , . 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 1 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 2 .. . . 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 3 " . '''.'. 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 .~ ,19~. ,19%. This ordinance adopted of Augusta-Richmond County Approved this 5 (SEAL) . Clerk of Aug t -Richmond County, Georgia Recorded in the Minutes of Augusta-Richmond County, Georgia, on Page ,on ,19 , Book 4 ". ~ "',. 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, ~~//J} 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 ir It i'~ ;~ ~ , -'- ..J~ 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 ~: ~. .. . _ J.. 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 . _. :....: \:.~-:1~."~.'"";.....'~":: .- , . .... t;~ I I I I I I I I I I III II I I . . . . . ..~~.: ''1l-~a;,~~~"",,L7<'''''r-,Jl,.,..~- ~,=-~-""'-'I.'I"""'-.,."..,..~ ~...... ,',.,....,"""'-." ~ 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 1f1 -.... -.' - " .. .,A /'~'\ /'.';\, I' .' .., .: A '.::.'~ ,'\, .~En._ ,j\ ,..' .." I"r' 1 \~~:';.':' r' i'~;~~? 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 ..;.,~; v,',"."\.. . . 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