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 Kingsland
 Code of Ordinances
 Chapter 10. FRANCHISES
 Article V. GEORGIA POWER COMPANY

  § 10-97. Payment to city; conditions.  

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  • The rights, permission and consents contained in this article are made for the following considerations and upon the following terms and conditions:

    (1)

    The Georgia Power Company, or its successors and assigns, shall pay into the treasury of the city on or before March 1st of each year, beginning with the year 1966, a sum of money equal to four percent of the gross sales of electric energy to customers served under residential and commercial rate schedules, as prescribed by the state 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, if the city shall 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 contained in this article, including the payment of a license, privilege or occupation tax in an amount at least equal to that specified in this section.

    (2)

    The payment of the percentage of gross sales provided for in this section shall be in lieu of all occupation, license, excise and special franchise taxes, and payment 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 any of such 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 provided for in this section.

    (3)

    Should the city itself ever at any time construct, purchase, lease, acquire, own, hold, use or operate an electric lighting or power plant or distribution system, then the payment of the percentage of gross sales provided in this section to be paid by the Georgia Power Company, or its successors and assigns, shall abate, cease and be no longer due, and shall forever thereafter be uncollectible.

    (4)

    The work of erecting poles and all other work upon the streets and public places of the city shall be done under the supervision of the mayor and council or other legally constituted governing body of the city, and all sidewalks or street pavements or street surfaces which may be displaced by reason of such work shall be properly replaced and relaid by the Georgia Power Company, or its successors, lessees and assigns, to the satisfaction of the mayor and council or other legally constituted governing body of the city.

    (5)

    The Georgia Power Company, and 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 maintenance of poles, wires or other works, or condition of streets, alleys or public places resulting therefrom, for which the city would otherwise be liable or on account of which judgment may be rendered against the city.

    (6)

    The Georgia Power Company, and its successors, lessees and assigns, shall further, in constructing and maintaining its system of overhead lines, poles, wires and other structures, submit and be subject to all reasonable police laws, rules and regulations of the city for the regulation or control of such structures.

(Ord. of 3-3-65, § II)