HomeMy WebLinkAboutORD 6728 FRANCHISE GA POWER CO AMENDMENT
Augusta Richmond GA
DOCUMENT NAME: 0 tJ '\ no..n.ce. C9~, 28
DOCUMENT TYPE: 0 rcl'\ no..J1 Ce
YEAR: OJ-I
BOX NUMBER: Z3
FILE NUMBER: \ ii-i 2- \
NUMBER OF PAGES: 3
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ORDIANNCE /I 6728
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AMENDMENT TO FRANCHISE
Granted To
GEORGIA POWER COMPANY
By
CITY OF AUGUSTA -,RICHMOND COUNTY
Ordinance Amending Fr'anchise Adopted On
September 21
., 2004
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The within Ordinance Amending Franchise
'accepted on
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,2004.
By:
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ORDINANCE AMENDING FRANCHISE
WHEREAS, on March ,19,' 1996, the City of Augusta-Richmond County, Georgia (hereafter
refelTed to as the "City") adopted an Ordinance Granting Permission and Consent to Georgia Power
Company (hereafter referred to as the "Company") and its successors, lessees, and assigns to occupy the
streets and public places of the City in constructing, maintaining, operating, and extending poles, lines,
cables, equipment, and other apparatus for transmitting and distributing electricity and for other purposes
(said Ordinance being hereafter refelTed to as the" 1996 Ordinance"); and
WHEREAS, on May 2, 1996, the Company accepted the franchise granted in the 1996 Ordinance
(hereafter referred to as the "Franchise"); and
WHEREAS, the City and the Company now wish to amend the Franchise to address certain issues
that may arise under the Franchise and for other purposes;
NOW, THEREFORE, the City hereby adopts this Ordinance Amending Franchise as follows:
SECTION 1. Be it ordained that in addition to the terms and conditions set forth in the 1996
Ordinance, the Company's occupancy and use of the streets, alleys, and public places of the City as
authorized in the 1996 Ordinance, are subject to the following terms and conditions:
1. For purposes of paragraph 2 ofthis Section I, 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 Amending Franchise) in the streets, alleys, or public places of the City for the purpose of
distributing electricity within the present and future limits of the City. Distribution Facilities do not
include any of the followirig: (i) electric transmission lines with a design operating voltage of 46
kilovolts or greater (hereafter referred to as "Transmission Lines"); (ii) poles, towers, frames, or other
supporting structures for Transmission Lines (hereafter 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.
2. In the event that the City or any other entity acting on behalf of the City requests or
demands that the Compai1y 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 2 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 the 1996 Ordinance. Notwithstanding the foregoing provisions of this paragraph 2, 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 or at any time during
the period of twelve (12) months before relocation is requested or demanded; (ii) Distribution Facilities
that are relocated in connection with, sidewalk improvements, "streetscape" projects, or other projects
undertaken primarily for aesthetic purposes; or (iii) Distribution Facilities that are converted from an
overhead configuration or installation to an underground configuration or installation.
SECTION II. Be if further ordained that nothing contained in this Ordinance Amending Franchise
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.
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SECTION III. Be it further ordained that the Company shall, within ninety days from the approval
of this Ordinance Amending Franchise, file the Company's written. acceptance of the same with the Clerk
of the City, so as to form an amendment to the Franchise between the Company and the City.
SECTION IV. 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 occupancy and use of the
City's' streets, alleys, and public places, in conflict herewith be and the same shall thereupon stand
repealed and terminated, respectively.
Adopted by the Commission-Council of the City of Augusta-Richmond County, Georgia, at a
meeting held Sept. 13 & Sept 21. , 20 V't.
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, Richmond County, Georgia, held on, J!', 20~, which meeting was duly
and legally called and held, and at which a quorum was present, and that an ordinance, a true and correct
, Clerk of the City of Augusta-Richmond County, Georgia,
copy of which I hereby certify the foregoing to be, was duly pa~sed and adopted by the Commission-
Council of the City of Augusta-Richmond County, Georgia, at said meeting.
. IN WITNESS WHEREOF, !hereunto set '1;-;;;;t;1 coiporate seal of the Cityof August..
Richmond County, Georgia, this 41- day of ') , 20~. ,
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Published in the Augusta Chronicle Oct, 7, 2004
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