01-26-1949 Special Meeting174
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January 26, 1949,
A Special meeting of the Mayor and Council was held at the
City Hall at 7;30.Wddnesday, January 26, 1949 for the purpose
of approving the Georgia Power Contract granting permission
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and franchise to the Georgia Power Company and its Successors
to occupy the public places of the City of Smyrna for the
purpose of conducting an electrical supply business.
Present were Councilmen H. L. McEntyre, P. P. Shaw, M. L.
Collins, R. B. Logan and R. S. Prinson.
After the meeting was called to order by Mayor J. M. Gibson
A motion was made by R. S. Brinson and seconded by H..L. Mc
Entyre that the City of Smyrna approve the bill with the
understanding that it be retroactive to 1948.
A11 voted for approval except M. L. Collins, who did not vote.
P.,P. Shaw made a motion, seconded by H. L. McEntyre.that
small routine bills of the past month be paid, voted unanimous.
Motion was made by R. S. Brinson, seconded by H. L..McEntyre
that W. E. Honea be checked and if found tto be of good
moral habits that he be given a beer license in the Steinmetz
Building. Voted unanimous.
Motion was made by R. B. Logan and seconded by R. S. Brinson
that Johnson Shoe -Shop be allowed to operate pending action
of Mayor and Council- on regular meeting night Feb.7,1949.
Voted unanimous.
There being no further business the meeting w.as adjourned.
GEORGIA POWER COMPANY
W. H.WRIGHT
VICE-PRESIDENT AND SECRETARY
P.O. Box 1683 January 28, 1949.
ATLANTA 1, GEORGIA
TO THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA:
In accordance with the provisions of the ordinance adopted
by the Mayor and Council of the City of Smyrna and approved by the
Mayor on January 27, 1949, granting to Georgia Power Company, its
successors and assigns, permission and franchise to occupy the
public places of the City of Smyrna for the purpose of conducting
an electricity supply business, Georgia Power Company hereby accepts
the said ordinance and the terms and provisions thereof.
This written acceptance is hereby filed with the Clerk of
the City of Smyrna as required by the ordinance.
Respectfully,
GEORGIA POWER COMPANY
By
9i President.
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2-2776-6M-4-7-47
Franchise Granted
GEORGIA POWER COMPANY
BY
CITY OF SLM11A. GEORGIA
ON
JANUARY 26,
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The within franchise accepted on
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GEORGIA POWER COMPANY
By —
resident
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a
ORDINANCE GRANTING PERMISSION AND CONSENT to the Georgia Power Company, its
successors, lessees and assigns, to occupy the streets and public places of the City ofSnS =na
in constructing, maintaining, and extending poles, lines and appli-
ances for transmitting and distributing electricity, and for other purposes.
SECTION I. Be it ordained by the lrhmr and council of the City of
? Smyrna (hereinafter referred to as the "City"), that the authority, right,
permission and consent are hereby granted to the Georgia Power Company, its successors, lessees and
or a period of fifty years
assignsVto 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 said Georgia Power Company, its successors, lessees and
assigns, may deem proper or necessary for the erection and maintenance of poles, towers, lines, wires,
cables, insulators, transformers and all appliances or connections for the business and purpose of trans-
mitting, conveying, conducting, using, supplying and distributing electricity for light, heat, power and
other purposes for which electric current may be useful or practicable for public or private use, and to re-
enter upon such streets, alleys and public places from time to time as may be necessary for the
extension, operation, repair and renewal of the same or any portion thereof, and to cut and trim trees
and shrubbery when and where necessary, in the judgment of the Company, to insure safe and
efficient service.
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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 said Georgia Power Company, its successors and assigns, shall pay into the treasury of
the City on or before the first day of March each year, beginning with the year 1949 , a sum of
money equal to three (3%) per cent 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 for the preceding calendar year, so long as the City itself shall
not engage in any such competing utility business; and on condition that in the event said city shall
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grant to any other corporation 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 pay-
ment of a license, privilege or occupation tax in an amount at least equal to that herein specified.
2. The payment of the percentage of gross sales above provided for shall be in lieu of all occu-
pation, license, excise and special franchise taxes, and in full of all money demands and charges, except
ad valorem taxes on property and license taxes on the sale of appliances; and whatever amount, if
any, shall at any time be required or exacted for the benefit of the City on anyi of said accounts or on
any account, other than ad valorem taxes on property and license taxes on the sale of appliances, shall
operate to reduce to that extent the amount due from the percentage above provided for.
3. That should the City itself ever at any time construct, purchase, lease, acquire, own, hold, use
or operate an electric lighting or power plant and/or distribution system, then and in that event the
payment of the percentage of gross sales herein provided to be paid by the Georgia Power Company,
its successors and assigns, shall abate, cease, and be no longer due, and shall forever thereafter be
uncollectible.
4. That the work of erecting poles and all other work upon the streets and public places of said
City shall be done under the supervision of the Mayor and Council (or other legally constituted govern-
ing body) of said City, and that all sidewalks or street pavements or street surface which may be
displaced by reason of such work shall be properly replaced and .relaid by the said Georgia Power
Company, its successors, lessees and assigns, to the satisfaction of the Mayor and- Council (or other
legally constituted governing body) of said City.
5. That the Georgia Power Company, its successors and assigns, shall fully protect, indemnify
and save harmless the City from all damages to person or property caused by the erection or mainte-
nance of poles, wires, or other works, or condition of streets, alleys or public places -resulting therefrom
for which the said City would otherwise be liable or on account of which judgment may be -.rendered y
against the said City.
6. The said Georgia Power Company, its successors, lessees and assigns, shall further, in con-
structing and maintaining its system of overhead lines, poles, wires and other structures, subrrlit,and
be subject to all reasonable police laws, rules and regulations of said City for the regulation or control
,of such structures.
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SECTION III. Be it further ordained that the said Georgia Power Company, its successors, lessees
or assigns, shall, within ninety days from the approval of this ordinance, file its written acceptance
of the same with the Clerk of said City.
SECTION IV. Be it further ordained that all laws and ordinances in conflict herewith be and the
same are hereby repealed.
Adopted unanimously by
Smyz'ria at a
Approved:— 19 49
the City of
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*: Mayor
I, Clerk of the City of S=na , hereby
certi y that I was present at the meeting of the � "11%Y= and Catmall of the City
of Sxrrna ,held on— 1949,which meeting was
duly and legally called and held, and at which a quorum was present and that an ordinance, a true
and correct copy of which I hereby certify the fotegoing to be, was duly passed and adopted by said
Ltk,= anti co mcs T of the City of Sr. MM at said meeting.
IN WITNESS WHEREOF, I hereunto set my hand and the corporate seal of the said City of
County of State of Georgia, this
day of , A. D. 19.
Clerk
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