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- Nothing in the first sentence of O.C.G.A. § 46-3-14(b) purports to prohibit a city from conditioning its grant of a street franchise to an electric company upon the payment of a reasonable franchise fee, and the second sentence is a statutory preservation of the right of a "municipality" under O.C.G.A. § 36-34-2(7) to charge "any secondary supplier" a franchise fee, even where the municipality itself is also the primary supplier. City of Calhoun v. North Ga. Elec. Membership Corp., 264 Ga. 205, 443 S.E.2d 469 (1994).
A municipality may grant a franchise to an electric membership corporation. It is also authorized to assess franchise fees against the corporation. Athens-Clarke County v. Walton Elec. Membership Corp., 265 Ga. 229, 454 S.E.2d 510 (1995).
Cited in City of LaGrange v. Troup County Elec. Membership Corp., 200 Ga. App. 418, 408 S.E.2d 708 (1991).
- 27A Am. Jur. 2d, Energy and Power Sources, § 20.
- 29 C.J.S., Electricity, § 15.
- Grant of perpetual franchise to public service corporation, 2 A.L.R. 1105.
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