AN ORDINANCE, GRANTING TO ATLANTA GAS LIGHT COMPANY, A GEORGIA CORPORATION, HEREINAFTER DESIGNATED AS "GRANTEE," ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, PUBLIC HIGHWAYS, ALLEYS, LANES, WAYS, PARKS, AND OTHER PUBLIC PLACES OF THE CITY OF HAHIRA, 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 THE CITY OF HAHIRA, GEORGIA; AND FIXING THE TERMS AND CONDITIONS OF SUCH GRANT.

WHEREAS, the City of Hahira, Georgia, hereinafter referred to as "city," 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 May 13, 1964, for a period of 20 years, which franchise was accepted by Atlanta Gas Light Company, grantee, there is no franchise granted by the city in force and effect, to any other person, firm or corporation, and that the city is under no contract or obligation to any other person, firm or corporation, in anyway relating to the installation of gas service in the City of Hahira, Georgia; now, therefore:

BE IT ORDAINED by the mayor and council of the City of Hahira, Georgia, as follows:

An ordinance to amend an ordinance dated October 8, 1998, granting Atlanta Gas Light Company (hereafter "company") a franchise for the use of rights-of-way and other public property for the purpose of distributing gas within the City of Hahira, Georgia, so as to modify the franchise fee calculation provisions; to repeal conflicting laws; to provide an effective date; and for other purposes.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF HAHIRA, GEORGIA:

To amend certain provisions of the Hahira city Code concerning water and wastewater rates and surcharges, and for other purposes,

BE IT ORDAINED by the Mayor and Council of the City of Hahira and it is hereby ORDAINED by the authority thereof:

WATER AND SEWER RATE SCHEDULE

LOW-INCOME SENIOR CITIZEN UTILITY DISCOUNT

Personally appeared before the undersigned attesting officer,

___________

(PRINTED Name as shown on City Utility Bill)

Who, upon being duly sworn, did depose and say that deponent is _____ years of age.

(Date of birth: ________), and resides at:

___________

(Complete Street and City Address)

And that deponent is the head of household at such residence and liable for a residential water and sewer service charge at such residence; that the following named persons are all of the members of the deponent's family who reside in said residence with deponent at that the income for each of said named persons for the immediately preceding calendar year is set forth immediately beside each person's name:

When requested by the city/Utilities Clerk, the deponent agrees to provide such written proof as to income as necessary to verify this application.

Deponent further says on oath that the deponent's total income from all sources will not, when added to the income of all said family members who reside in said residence with deponent, exceed $_____ for the year 20___.

Deponent further says on oath that deponent fully believes that deponent is entitled to the senior citizen-low income water and sewer service exemption provided by ordinance.

Deponent understands that it is unlawful to furnish false information to the city to obtain this exemption.

(Ord. of 2-5-2015, app. A)

This _____ day of ________, 20___.

Signature of Deponent: ___________

Mailing Address: _______

Sworn to and subscribed before me:

___________

Notary Public

SEAL

My Commission Expires:________

ORDINANCE GRANTING PERMISSION AND CONSENT to Colquitt EMC, a Georgia corporation, and its successors, lessees, and assigns (hereinafter referred to collectively as the "Company") to occupy the streets and public places of the City of Hahira, Georgia, a municipality and political subdivision of the State of Georgia (hereinafter referred to as the "City"), in constructing, maintaining, operating, and extending poles, lines, cables, equipment, and other apparatus for transmitting and distributing electricity and for other purposes.

The exclusive right is hereby granted to the grantee, its successors and 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 repairing mains, pipes, valves, manholes, service boxes, posts, lamps, structures, 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 the city, such exclusive right, when exercised as herein provided, to continue for 20 years after date of approval of this ordinance.

[The] 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.

[The] grantee hereby agrees and covenants, for and in consideration of the rights and privileges herein granted to it, to pay within 60 days following the end of each quarterly period to the city three percent of the gas sales receipts received by [the] 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 the city during the preceding quarterly period. The city shall notify [the] grantee of any annexations, de-annexations or other changes of the territorial limits of the city. Said notice shall be made within 30 days of any such change.

It is provided, however, that should the city require [the] grantee to pay any license fee or tax, excise tax, indirect tax, occupation tax, franchise tax, privilege tax, regulation charge or related fees, taxes or charges, excepting ad valorem taxes and business license taxes for appliance sales, the aggregate amount of such fees, taxes and charges shall be deducted in full by [the] grantee from the quarterly payment or payments subsequently accruing to the city. The quarterly periods for which such payments shall be made shall commence upon the first day of the month immediately following proper adoption, acceptance and effectiveness of this franchise ordinance. The mayor and council of the city through its authorized representative or representatives shall have the right to inspect and audit the books and records of [the] 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.

All rights herein granted and authorized shall be subject to and governed only by this ordinance; provided, however, that the city 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.

[The] grantee, upon making an opening upon any of the streets, avenues, roads, public highways, alleys, lanes, ways, parks and other public places in the city, 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 city.

[The] grantee shall save and keep harmless the city 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 the city, provided [that] the grantee shall have been notified in writing of any claim against the city on account thereof and shall have been given ample opportunity to defend the same.

This ordinance, after its passage according to law, in writing duly filed with the city clerk, shall be effective and in full force after the date of acceptance by Atlanta Gas Light Company.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

An ordinance dated October 8, 1998, granting Atlanta Gas Light Company a franchise for the use of rights-of-way and other public property for the purpose of distributing gas within the City of Hahira, Georgia, is hereby amended by inserting the following:

"Section 1.

Definitions.

(a)

Base year means the fiscal year ending September 30, 1998.

(b)

Base year franchise fee factor means the total franchise fees paid during the base year divided by the design day capacity as recorded by the company on the last day of the base year.

(c)

Design day capacity means the sum of the individual capacity in dekatherms (Dt) attributable to all firm customers located within the city limits of the city, as of the last day of the previous fiscal year.

(d)

Firm customers means all residential and business customers who purchase gas service that ordinarily is not subject to interruption or curtailment.

(e)

Fiscal year means the 12 months ending September 30, of each year.

(f)

Inflation index means the percentage change in the Consumer Price Index for all urban consumers as published by the Bureau of Labor Statistics, or any successor index, for the period from September 30, 1997, to the beginning of the then current fiscal year. The percentage shall be reduced by any productivity factor adjustment for the same time period determined by the Georgia Public Service Commission for the company.

Section 2.

Franchise fee.

[(a)]

The total dollar amount of franchise fees paid by the company to the city shall be calculated as follows:

[(b)]

The current fiscal year total franchise fee shall equal the product of the design day capacity and the current franchise fee factor. The current franchise fee factor shall be equal to the product of the base year franchise fee factor and one plus the inflation index expressed as a decimal to three significant digits.

[(c)]

The following formula quantifies this payment:

FF _c = FFF _by × (1 + (CPI - PFA)) × DDC _c

Where FF _c = total franchise fees due the city for the current fiscal year

FFF _by = the base year franchise fee factor

CPI - PFA = the inflation index based on the cumulative change in the Consumer Price Index less the productivity factor adjustment determined by the Georgia Public Service Commission.

DDC _c = the design day capacity as of the last day of the previous fiscal year.

FFF _by = FF _by /DDC _by where

FF _by = the total franchise fees paid in the base year

and DDC _by = the design day capacity of the base year.

Section 3.

Responsibility for payment of franchise fee.

[(a)]

The company as the holder of the franchise privilege hereunder is responsible for the payment of all franchise fees payable hereunder, and shall file such reports and returns as required by the franchise ordinance as modified by this amendment. In addition, the company shall report annually the names of all gas marketers for which company is transporting natural gas on the distribution system within the city.

[(b)]

The franchise fee payments required hereunder shall be in lieu of any franchise fee license fee, occupation tax or other payment for use of the rights-of-way by the company for the provision of gas service, but shall not prohibit imposition of a license fee or an occupation tax on gas marketers.

Section 4.

Quarterly payments.

[(a)]

Effective for the fiscal year 1999, and for each fiscal year thereafter during the term of the franchise ordinance, the company shall remit to the city quarterly franchise fee installments. The installments shall equal to one-fourth of the total annual franchise fee calculated in accordance with this ordinance.

[(b)]

The quarterly payment is due and payable on or before the 30th day following the last day of each calendar quarter.

Section 5.

Annual return.

The company shall file a return with its first quarterly installment in each fiscal year showing the details of the calculation of the annual franchise fee.

Section 6.

Delay of inflation adjustment.

Notwithstanding any other provision in this ordinance, any inflation adjustments shall be made to the franchise fee only when the company changes its rates.

Section 7.

Conflicts.

In the event of a conflict between this ordinance and the original franchise dated July, 1994, this ordinance shall control. All terms, conditions and stipulations contained in such franchise ordinance shall remain in full force and effect to the extent that they do not conflict with this ordinance." and by renumbering the remaining sections accordingly.

All ordinances and parts of ordinances in conflict with this ordinance are repealed.

This ordinance shall become effective on the first day of the month following its approval by the mayor and council and its acceptance by Atlanta Gas Light Company.

The existing Water and Wastewater Rate and Fee Schedule is hereby deleted in its entirety and replaced by the Water and Wastewater Rates and Charges Schedule attached hereto as Attachment "A."

(Ord. of 2-5-2015, § I)

A policy for a low-income senior citizen discount is hereby adopted. Details governing its implementation are attached hereto as Attachment "B." A form to assist its implementation is attached hereto as Appendix "A."

(Ord. of 2-5-2015, § II)

A policy for perpetual annual water and sewer rate increases is hereby adopted as detailed hereto as Attachment "C."

(Ord. of 2-5-2015, § III)

This Ordinance shall become effective on the 6 ^th day of February, 2015.

(Ord. of 2-5-2015, § IV)

All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed.

(Ord. of 2-5-2015, § V)

ORDAINED this 5th day of February, 2015.

___________

Bruce Cain, Mayor

ATTEST:

___________

City Clerk

The scheduled rates for residential and commercial water and wastewater service shall be as follows:

(Ord. of 2-5-2015, att. A, § I)

_____

Each resident of the city or each resident receiving residential water and sewer service from the city who is the head of the household of the residential dwelling unit in which such person resides and upon whom is imposed a monthly residential water and/or sewer service charge for the residential dwelling unit in which such person resides, and who is 65 years of age or older and who has a gross income from all sources, including the income of all members of such person's family residing within such residential dwelling unit, not exceeding $23,340.00 per annum, is hereby granted an exemption on the monthly bill for such service charge, which exemption shall be in the amount of the water and sewer base charge above $20.00. This amount, not to exceed $23,340.00, is a ceiling set by Georgia Power for its Senior Discount Program via the Public Service Commission, and shall be modified from time to time as these agencies determine new income data.

(Ord. of 2-5-2015, att. B, § I)

A.

A low-income senior citizen domestic water and sewer rate is available to individuals who meet the eligibility requirements established in section III below, subject to the terms and conditions as set forth therein.

B.

Exclusion. A low-income senior citizen domestic water and sewer rate will be given only for a single residence served by one meter. Multiple living units serviced by one meter are specifically excluded from the low-income senior citizen domestic water and sewer charge rates.

C.

Character of Service. Service shall be for single-family residential purposes only through a three-fourths-inch or a one-inch line.

D.

Rates. The monthly base rate for low-income senior citizen domestic water and sewer shall be $20.00. There shall be no reduction in the consumption charge for all water and sewer usage in excess of 3,000 gallons per month.

(Ord. of 2-5-2015, att. B, § II)

A.

The low-income senior citizen water and sewer rate ("the low-income senior rate") is available to city water/sewer customers who are 65 years of age or older and who have a gross income from all sources, including the income of all members of such person's family residing within such residential dwelling unit, not exceeding $23,340.00 per annum.

B.

To apply for the low-income senior rate, the applicant must submit an affidavit, prepared upon forms prescribed and provided under Appendix A of this ordinance, to the city/Utilities Clerk. Such affidavit shall show the age of the person claiming the exemption on the date of the filing of such affidavit, the total amount of income received by such person's household from all sources during the immediately preceding calendar year from all sources by each other family member residing in the claimant's residential dwelling unit, together with a statement that such claimant's income, when added to the income of each other family member residing in such residential dwelling unit, will not exceed $23,340.00 in the calendar year in which such affidavit is filed, the exact address of the residence of such claimant and such other information as may be required by the city/Utilities Clerk.

C.

Income verification must be provided each year that the discounted rate is requested. The city utilities clerk or his/her designee, may require copies of the federal income tax return for the applicant, and the applicant's spouse or co-tenants living at the same location.

D.

The discount is granted for the duration of the calendar year, with the provision of a grace period at the beginning of the year to accommodate renewals. On April 1st of each year, all accounts without a current approved application on file at the city will be returned to the full rate schedule effective with the period beginning with the April billing cycle.

E.

Furnishing false information to obtain discounted rate is deemed unlawful. It shall be unlawful for any person to willfully furnish any false information in order to qualify for a reduced water and sewer rate.

F.

The procedure upon recipient's disqualification is stipulated in this section. In the event that any person has qualified under this ordinance for a reduced water and sewer service charge and, subsequent thereto, such person becomes disqualified therefor, it shall be the duty of such person to immediately so notify the city/Utilities Clerk, who shall remove such person's name from the list of those receiving such exemption. In the event that any such person fails to so notify the city/Utilities Clerk and continues to receive such exemption after being no longer qualified therefor, such person shall be immediately liable to the city for the difference the amount actually paid for water and sewer service by such person and the amount that would have been required to be paid by such person without such exemption. Upon the refusal of such person to pay such difference, the city/Utilities Clerk shall cause all city utility service to be discontinued as to such person's residence until such time as they have paid the difference in full.

G.

Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided for in this ordinance and, in addition thereto, if such person has obtained an exemption under this ordinance when not entitled thereto, such person shall be required to pay, in full, the amount of exemption obtained by such person to which such person was not entitled. Upon the failure of such person to make such payment, the city/Utilities Clerk shall cause all city utility services to be discontinued as to such person's residence until such time as the improperly obtained exemption is paid in full.

(Ord. of 2-5-2015, att. B, § III)

ATTACHMENT "C"

PERPETUAL WATER AND SEWER RATE INCREASES

On January 1, 2016, and on every January 1 thereafter, all base rates for water and sewer shall be increased by three percent.

(Ord. of 2-5-2015, att. C, § I)

_____

Be it ordained by the governing authority of the City that the authority, right, permission, and consent are hereby granted to the Company, for a period of thirty (30) years from the date of the Company's acceptance hereof, to occupy and use the streets, alleys, and public places of the City within the present and future corporate limits of the City as from time to time the Company may deem proper or necessary for the overhead or underground construction, maintenance, operation, and extension of poles, towers, lines, wires, cables, conduits, insulators, transformers, appliances, equipment, connections, and other apparatus (hereinafter referred to collectively as the "Company's Facilities") for the business and purpose of transmitting, conveying, conducting, using, supplying, and distributing electricity for light, heat, power, and other purposes for which electric current may be or become useful or practicable for public or private use, and to re-enter upon such streets, alleys, and public places from time to time as the Company may deem proper or necessary to perform these functions, and to cut and trim trees and shrubbery when and where necessary, in the judgment of the Company, to insure safe and efficient service.

Be it further ordained that the rights, permission, and consents herein contained are granted for the following considerations and upon the following terms and conditions:

1.

The Company shall pay into the treasury of the City on or before the first day of February in each year following the granting of this franchise, a sum of money equal to four percent (4%) of the gross sales of electric energy to customers served under residential, commercial, and industrial rate schedules within the corporate limits of the City. The Company will pay franchise fees for the entirety of the prior year. The Company shall implement the franchise fee within forty-five days from the date of acceptance of the Franchise. If any payment required by this Agreement is not actually received by the City on or before the applicable date fixed in this Agreement, the Company shall pay interest thereon, from the due date to the date paid, at a rate of one percent (1 %) per month. Upon agreement of the Parties, Company may pay franchise fee by electronic funds transfer and in such event, City agrees to provide to Company bank routing and account information for such purpose upon request of Company. No acceptance of any payment by the City shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount or a release of any claim that the City may have for further or additional sums under this Agreement. The City may conduct an audit to ensure payments have been made in accordance with the Agreement and the audit period will be limited to three (3) years preceding the end of the quarter of the most recent payment.

2.

The amount, if any, of any tax, fee, charge, or imposition of any kind required, demanded, or exacted by the City on any account, other than ad valorem taxes on property, shall operate to reduce to that extent the amount due from the percentage of gross sales provided for in paragraph 1 of this Section II.

3.

The Company shall fully protect, indemnify, and save harmless the City from all damages to persons or property caused by the construction, maintenance, operation, or extension of the Company's Facilities, or conditions of streets, alleys, or public places resulting therefrom, for which the City would otherwise be liable.

4.

The Company shall, in constructing, maintaining, operating, and extending the Company's Facilities, submit and be subject to all reasonable exercises of the police power by the City. Nothing contained herein, however, shall require the Company to surrender or limit its property rights created hereby without due process of law, including adequate compensation, for any other purpose at the instance of the City or for any purpose at the instance of any other entity, private or governmental.

5.

For purposes of paragraph 6 of this Section II, 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) in the streets, alleys, or public places of the City for the purpose of distributing electricity within the present and future corporate limits of the City. Distribution Facilities do not include any of the following: (i) electric transmission lines with a design operating voltage of 46 kilovolts or greater (hereinafter referred to as "Transmission Lines"); (ii) poles, towers, frames, or other supporting structures for Transmission Lines (hereinafter 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.

6.

In the event that the City or any other entity acting on behalf of the City requests or demands that the Company 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 to secure the public health and welfare or is otherwise required by the City in the exercise of a government function, then the Company shall relocate, at its expense, the Distribution Facilities affected by such project or improvement. The Company's obligations under this paragraph 6 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 paragraph 1 of this Section II. Notwithstanding the foregoing provisions of this paragraph 6, the Company shall not be obligated to relocate, at its expense Distribution Facilities that are located on private property at the time relocation is requested or demanded.

7.

The City and the Company recognize that both parties benefit from economic development within the City. Accordingly, when it is necessary to relocate any of the Company's Facilities (whether Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) within the City, the City and the Company shall work cooperatively to minimize costs, delays, and inconvenience to both parties while ensuring compliance with applicable laws and regulations. In addition, the City and the Company shall communicate in a timely fashion to coordinate projects included in the City's five-year capital improvement plan, the City's short-term work program, or the City's annual budget in an effort to minimize relocation of the Company's Facilities. Such communication may include, but is not limited to, (i) both parties' participation in the Georgia Utilities Coordinating Council, Inc. (or any successor organization) or a local utilities coordinating council (or any successor organization) and (ii) both parties' use of the National Joint Utility Notification System (or any successor to such system mutually acceptable to both parties).

Be it further ordained that nothing contained in this ordinance 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.

Be it further ordained that from time to time after the approval of this ordinance, the Company and the City may enter into such additional agreements as the Company and the City deem reasonable and appropriate; provided, however, that such agreements shall not be inconsistent with the terms and conditions of the franchise granted in this ordinance, shall not extend beyond the term of the franchise, and shall be enforceable separate and apart from the franchise.

Be it further ordained that the Company shall, within thirty (30) days from the approval of this ordinance, file the Company's written acceptance of the franchise granted in this ordinance with the Clerk of the City, so as to form a contract between the Company and the City.

Be it further ordained that upon such acceptance all agreements that may exist between the Company and the City with respect to the Company's use of the City's streets, alleys, and public places the provisions of this Franchise shall be controlling.

(Ord. No. 2019-06-06 , 6-6-2019)