January 1949
IAL
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ATk.AN'T,A I", GI;:~:H~.GHA
TO
THE CITY
SMYRNA::
T.he
'the
the
of:
ordinanoe ..
,.
Franchise Granted
GEORGIA POWER COMPANY
BY
ON
JlUiUi\RY 26.
19~
accepted on
COMPANY
By
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 of S~na
in C9nstructing, maintaining, a.nd extending poles, lines and appli-
ances for transmitting and distributing electricity, and for other purposes.
SECTION I. Be it ordained by the
lvnyor ::!:nr1 COl:rnft; 1
of the City of
S~na (hereinafter referred to as the "City"), that the authority, right,
permissiona.nd.qons~ut are herebyigta.nted to the Georgia Power Company, its successors, lessees and
assigns.A&~c~u~i+a~ddu~~ tg~~e~~:-aUeYs and public places of the City within the present and future
limits of the said City as fromti:qleto time the said Georgia Power Company, its successors, lessees and
~.ssigns, may. deli!m proper or Uecessary for the erection and maintenance of poles, towers, lines, wires,
cables, in$jJ.lat9rS, transformer::lan<l all appliances or connections for the business and purpose of trans-
mit.ting,cQnyeying, conductin~,/using, supplying and distributing electricity for light, heat, power and
other purposes for whichelect:r-ic current may be useful or practicable fo}:" public or private use, and to re-
enter uPQn such streets,a.lleys and public places from time to time as may be necessary for the
extension; operation, }:"epaira.nd renewal of the same or any portion thereof, and to cut and trim trees
an<l shrubbery when aud. 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:
L The said GeQ:!"gi;;'l.power C9mpany, its successors and assigns, shall pay into the treasury of
before the first day of March each year, beginning with the year 1 q4q ,a sum of
to three (3%) per cent, of the gross sales of electric energy to customers served under
commercial rate schedules (as prescribed by the Georgia Public Service Commission),
the corporate limits of the City for the preceding calendar year, so long as the City itself shaH
in any such competing utility business; and on condition that in the event said city shall
other corporation the right to use and 9CcuPY its streets for like purposes, such use and
shall beupol1 the sametli!rmsand conditi9nsasthose herein contained, including the pay-
a licellse,. privilege or occupation tax in an amount at least equal to that herein specified.
2. The pa~ent of the pergentageof grOSS sales above provided for shall be in ljeu of all occu-
pation,. license, excise and specialfr<l,nChise taxes, and in full of all money demands and charges, except
ad val9rem taxes on property and license taxes on the sale of appliances; and whatever amount, if
any, shallat anY'ti~;be required.orexa.cted for the. benefit of the City on any of said accounts or on
anyaCC9unt,~thsTthtlni;;t<l valoremt~;eson property and license taxes on the sale of appliances, shall
operate to reduce t9 that extent the.amount due from the percentage above provided for.
3. Thafsho~l~th~ City itself .ever(atany time construct, pm'chase, lease, acquire, own, hold, use
or oper;;tteaneljctrilZlighting orpowerpl(l.ntand/or distribution system, then and in that event the
payment of the percentage ofgr9ss sll.les 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. Thatth.e work of erecting pOles and all other work upon the streets. ;;tnd public places of said
City shaUl;)ec:lone under the s1:1.peryisi9u 9f the Mayor and COUncil (or other legally constituted govern-
ing 1:>9<ly) of said City, and that <l,llsi<lewalks or street pavements or street surface which may be
displacedl;)y<:r;eason of SUChw9rll:is~all be properly replaced and relaid by the said Georgia Power
C9mpa,ny, its successors, lesseelira.l1da.ssigns, to the satisfaction of the Mayor and Council (or other
legally constituted governing body) of said City.
5. ThattheGIi!9rgia Power C9P:1I,>any, its successors and assigns, shall fully protect, indemnify
and save harmless the City fr9m all damages to person or property caused by the erection or mainte-
nance of. poles, wires, or other works,.. or. condition of streets, aUeysor public places resulting therefrom
for which said City would otherwise be liable or on account of which judgment may be rendered
Georgia Power Company, ~ts successors, lessees and assigns, shall further, in con-
maintaining its system 9f overhead lines, poles, wires and other structures, submit and
to police laws, rules and regulations of said City for the regulation .or control
III.
furtheror<lained that the said Georgia Power Company, its successors, lessees
ninety <lays from the approval of this ordinance, file its written acceptance
of s;;ti<liCity.
further ordained that all laws and ordinances in conflict herewith be and the
by
\ Clerk of the City
hereby
at the meeting of
the City
was
true
the fCH'egoing to be, was duly passed and adopted by said
of the City
at said meeting.
set my hand and the corporate seal of the said City of
State of Georgia, this
A. D.
/7. ~~ ".
/1-~.~ ~
//" /". . Clerk
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