City of Bainbridge Georgia
Mayor and City Council, June 2, 2009

The City of Bainbridge is facing an age old issue, when do you serve the needs of a few at a cost to the many -
The Few (residents on Williams Street) or
The Many (citizens tax money).

Comment in Talk Bainbridge.


Bainbridge City Council heard about the Williams Road issues on Tuesday evening.  In our Williams Road article on Monday (which includes city plan and video), Debra Freeman explained how city sewer and improved water pressure was needed and appreciated.  She also felt the city was taking too much land from one side of the road and actually giving property to the other side, while taking an old Oak tree.

City Manager Chris Hobby explained that, according to the 1926 plat, the road actually went straight.  He stated the present dirt road is on McKenzie Tank Line land, and has been there for a very long time.

The grand old Oak that Ms Freeman wants to save was described by City Engineer Jim York as probably being there for a 1,000 years.  The tree, according to the old plat, is actually completely in the road.

Council member Roslyn Palmer questioned why we would take down a tree that the Tree Committee would never let a private developer take down.

Mr Hobby and Mr York each gave Council their 3 options
1. Go forward as is planned now.
2. Shift it over and get the other property owners to give right of way.
3. Make water and sewer improvements but not pave the road.

Then Council member Luther Conyers asked Jim York about the imminent domain law.  Under that law, if there has been adverse possession of the property for over 20 years, and it was not given under a permission basis, the land may be assumed to be owned by the occupying entity, in this case the City of Bainbridge.

McKenzie would have to prove in court that they gave permission to the city for the use of their land for the road, or property would go to the City.

It was reiterated several times to Council that the City would probably end up in court if this was pursued.  Mr Hobby did state that they had not talked with McKenzie about leaving the road where it is presently.  In addition, construction easements have not been signed by residents at this time as they are hoping for a better resolution to the problem.

Moving power poles was brought up as a potential problem but the City had moved poles on the parallel road, Dickerson Street, when improvements were made under the CDBG grant last year. 

Williams Street was left out of the CDBG grant last year due to advise from their consultant.  Inclusion would have hurt the grant approval due to negative cost benefit ratio needed to justify the grant.  This is based on number of people served and low to moderate income criteria, etc.  The need for additional water pressure and a fire hydrant for Williams Street was also noted.

"Ultimately though, as much as anybody would hate to remove those trees, that may be the only choice if we are going to pave the road.  We may get to that point."  Mr Hobby told Council.

In the end, Mayor Pro Tem Dean Burke told Ms Freeman to get back in touch with the City Manager in a couple of weeks regarding the issue.

------------------- In other Council business ---------------------

Introduced Telephone And Telegraph Ordinance

Ordinance No. 609
An Ordinance By The City Of Bainbridge To Amend The Code Of Ordinances Of Bainbridge, Georgia To Establish Due Compensation Applicable To Any Telegraph Or Telephone Company Chartered By The Laws Of This Or Any Other State By Adopting Section 42-51 And 42-52; To Provide For Codification; To Repeal Conflicting Ordinances; To Provide An Adoption Date; To Provide An Effective Date; And For Other Purposes.

WHEREAS, the City of Bainbridge is authorized pursuant to O.C.G.A. 46-5-1 et seq. as amended in 2008 by Senate Bill 379 (the "amended law") to collect due compensation from telegraph or telephone companies that maintain and operate lines and facilities occupying municipal streets and rights of way equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the corporate boundaries of the city; and

WHEREAS, if a company does not have retail, end user customers located within the city's municipal boundaries, the payment by such company to a municipal authority in accordance with the rates set by regulations promulgated by the Department of Transportation for the use of its rights of way shall be considered the payment of due compensation; and

WHEREAS, under the amended law, existing franchise agreement and occupational license tax payments greater than 3% of actual recurring local service revenues are grandfathered until the expiration of the franchise agreement or December 31, 2012, whichever is earlier; and payments thereafter will be at the statutory rate,

The Mayor And Council Of The City Of Bainbridge Hereby Ordains:

Section 1

The Code of the City of Bainbridge is hereby amended by adding a Section to be numbered 42-51, which said section reads as follows:

"Section 42-51. Due compensation for telephone companies with end user retail customers within the city.

(a) The city hereby requires due compensation of 3 percent of actual recurring local service revenues, as defined in paragraphs (8) and (9) of subsection (b) of Section 46-5-1 of the Official Code of Georgia Annotated; provided, however, that any company which pays in excess of 3 percent of actual recurring local service revenues pursuant to an existing franchise agreement shall continue to pay in accordance with the agreement until the expiration of the franchise agreement or December 31, 2012, whichever occurs first, and any company which pays hi excess of 3 percent of actual recurring local service revenues in accordance with an occupational license tax arrangement shall continue to pay in accordance with such payment schedule until December 31, 2012.

(b) Regarding any telephone company that does not have retail, end user customers located within the city's municipal boundaries, the payment by such company to a municipal authority in accordance with the rates set by regulations promulgated by the Department of Transportation for the use of its rights of way shall be considered the payment of due compensation.

Section 2
The Code of the City of Bainbridge is further amended by adding a Section to be numbered 42-52, which said section reads as follows:

"Section 42-52. Authorized designee.
The City Manager, shall, on behalf of the city, exercise day-to-day administrative duties necessary to fulfill the regulatory authority of the city under OCGA 46-5-1, et seq. and shall perform the following duties:

1. Review application information submitted by a telephone company to the city and, if an application is incomplete, notify the telegraph or telephone company within 15 business days of the receipt of such application, identifying in such notice all application deficiencies.
2. Report the receipt of a completed application to the Council within 60 calendar days of the receipt of such completed application.
3. Review payments of due compensation submitted by the company to ensure compliance with the provisions of the amended law and this ordinance.
4. Provide a coordination function between a telephone company and all city departments on any matter relating to the amended law and this ordinance.
5. Arrange and evaluate, no more than once a year, a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation.
6. Provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes hi municipal corporate boundaries."

Approved Mayor Mark Harrell as Disaster Relief Agent

Approved Bids and Bills

1. Georgia Municipal Association Atlanta, GA.
  Workers Compensation Self-Insurance Fund   $3,628

2. York & Associates Engineering, Inc. Bainbridge, GA.
  Invoice #406   $5,601

3. Genesis Group Tallahassee, FL
  Bainbridge Boat Ramp Improvement  $12,593

Bids

1. Consolidated Pipe Albany, GA.
  Gate Station #1 US 27 Project  $13,391

2. Brenntag Mid-South. Valdosta, GA.
  Pool Chemicals   $6,226

3. Morgan Advanced Products Takling Rock, Ga
  Fiber Optic Cable and Pipe Locator  $3,485