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Frenehise AC ceernent made and entered into as of the first day of
January, 1913, b,' and bet•,veen the CITY OF ATLA TA, a municipal corporations
of the Ste. e of Georgia, her einefter called the "City", and SOUTHERN BELL
TELEPHONE Ai:D TELEGRAPH COMPANY, a corporation, hereinafter called
the "Company"
WITNESSETH THAT:
For and in consideration of the mutual promises and covenants herein
conveyed it is hereby agreed by and between the parties hereto as follows:
1. The City hereby grants to the Company, its successors and assigns,
a franchise for permission to construct, operate and maintain lines of telephone
and telegraph, including poles, fixtures, conduits, cables, electrical conductors
and subways for electrical conductors, together with the necessary manholes
upon, along, over and under the public roads, streets and highways of the
City as its business may from time to time require. This franchise shall cover
the territory embraced within the City limits of the City of Atlanta as they now
} exist or as they may hereafter be e::ten'Jed. Provided theft in the event of
an extension. of the City limits this franchise shall take the place of and supersede
all franchises claimed or owned by said Company in such territory so taken.
This franchise shall he subject, however, to all the. provisions, conditions
and restrictions hereafter set out.
2. This franchise shall supersede all franchises heretofore granted
by the City to the Comp;:rty and its predecessors and shall remain in effect
from and after January 1, 1973, and expiring at midnight on December 31,
1992.
3. No pole or overhead electrical conductor, except distribution poles
and such electrical conductors as may be required for local distribution in
connection with said subways, shall be erected or maintained in that section
4' ,1t'
f Said City now designated, or which rsay be d;:signated fiord time to tiMe,
aS the "Underground District", or the inne..r district of the "Fire Limits" .
4. The work of erecting poles and constructing subways shall be done
Under the. supervision of the City. And the said Cornpany, shall replace and
properly relay and repair any part of said sidewalk, or street that may be
displaced by reason of the erection or construction of such poles or subways;
and upon failure of the Cornpany so to do, after ten days' notice in writing
shall have been given by the City to said Company, the City may repair such
portion of the sidewalk or strew. as may have been disturbed by said Company,
and collect the cost so incurred from said Company. Upon notice in writing
from the City that a municipal improvement is to be constructed or repaired
in such a manner as will necessitate the relocation of its poles or conduits,
or other appurtenances of said Cornpany, the Company shall relocate the same
at no expense to the City so as to permit the construction of such improvements
when ordered; and, should said Company fail to comply with such notice.,
the poles, conduits or other appurtenances, may be relocated by the City and
the cost thereof recovered fror:: said Company.
5. No electric light or power wires shall be placed in said subways,
or strung upon said poles, nor shall the wires, cables or appurtenances of
any kind of any person, corporation or other Company operating a local telephone
exchange in Atlanta be placed in said subways or upon said poles, without
the consent of the Company and the City. Provided, however, that the City
shall have the right to place wires in said subways or string them upon said
poles for its own uses and purposes, to the extent provided and subject to
the conditions set forth in paragraph 10.
6. Sc.iid Company shall at all tir:lea be. subject to the City ordinances
now In existence er which may be hereafter passed relative to the use of the
public f'.+trcets, alloys and highways by telephone and telegraph companies,
atld ::li 111 p:'orrptly place and et'Cjt'::Ind iltl', portion of it:; oVe:'he : ni necessary
to comply with E.t11y general orJ:il3n:;t enlat"rjin.i th.e pr z•ent url:largrourd district.
1" rOv1de.1 that all future installations fat e!r:y construction in subdi`!isicins and
residential areas shall utilize underground cables, except where not economically
feasible and with the approval of the City'.
7. Said Company shall indemnify and save harmless the City against
all claims for damages, whether to persons or property, by reason of the
construction, equipping or maintaining of any poles, fixtures, electrical conduc-
tors, subways, manholes, distributing poles, or other appliances or appurtenances
authorized by this franchise agreement, or by reason of any wrongful, illegal
or negligent act on the part of said Company or its employees, or its failure
to comply with any ordinance relative to the use of the streets of said City.
8. The Company shall pay to the City three (3°) percent of the gross
receipts from all recurring local service revenues or monies paid ir. lieu of
such recurring local service revenues originating on customers supplied within
the City, $ ,15,000 of hick shall be appli.d during 1973 by the Company as
a prepayment for a period of five (5) years for emergency telephones which
are covert l by a separate agrearr rit of oven date. The first such payment
shall be made on October 15, 1973, for the period from January 1, 1973, through
August 31, 1973, and thereafter payments shall be made on the 15th of each
month beginning November I5, 1973, for the second previous month during
the term of this franchise agreement. At the time of the payment for the month
of December each year, the Company shall submit a sworn statement of its
gross receipts as above set out for the calendar year ended on the 31st day
of DcEcember . The City shall have the right to e.:arr.ino the books and records
of the Company during business hours at the Company's premises where such
record. ace located and which are necc';s ::r y to check the amount of gross
receipts as set out above.
9. The payment of the percentage on gross receipts as above by the
Ceittipany shall be in lieu of business licenses but shall not be in lieu of any
service charges that may be made by the City, nor shall it be in lieu of ad
valorem taxes (except for credit provided by State statute in effect at the time
of the execution of this agreement) . There shall be no deduction allowed for
ad valorem taxes against the percentage due on gross.; receipts.
10. In further consideration of the rights and privileges herein granted,
said Company shall, upon demand, provide one cross -aril on each pole, and
shall provide space not to exceed one duct in said underground system for
the free use of the City; end said Co; pe.ny shall furnish to said City one hundred
(100) free telephone stations connected with its Atlanta exchange. and furnish
to said stations local exchange telephone service viithout any cost or charge
of any kind to said City; said one hundred telephones to be located in the public
offices of the City. Said Company shall furnish said City viith all other and
additions] telephone sta:dons connsoted with its Atlanta exchange, and other
services, end local exchange service, including the Board of Education, as
it may require., at a discount cf thirt'.'-:2': ee and one third (33 I/3%) percent,
from its regular schedule of rates .
11. Without the prior consent of the City, the Company may not assign,
sell or otherwise dispose of any of the rights and privileges granted by this
franchise to any other Company, firm or individual.
12. The Company agrees that it will not transmit over its lines any
! television signals within the territory covered by this agreement to CATV or
pay television or any similar kind of distribution ::ithout the prior consent
of the City.
This agreement has been authorised by the l',Iayor and Board of Aldermen
of the City of Atlanta and by proper corporate auth.arity of Southern Bell Telephone
11
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JEpuTYCity Clerk
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Appt
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atIci Telegraph Company and is executed in duplicate as of the clay anti year
first above written.
ATTEST:
,ssociate City Attorney
Vic..nt-Operations
CITY OF , ,TLANTA
By
J
r,--Mayor
e t'
SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY
By
By
Mr-