The administrative official for this chapter shall be the City Manager,
his designee or assignee and may include members of the Business and
Economic Development Committee.
The administrative official shall have the responsibility and duties
of oversight for this chapter.
It shall be unlawful for a utility company to operate, install,
place or otherwise utilize municipal rights-of-way without a franchise
in place in accordance with the provisions of this chapter.
Schedule of fees, charges and expenses. The franchise agreement negotiated
with each utility company shall have within its scope the provision
for a franchise fee. That fee shall be determined on an individual
basis and shall serve as the authority to conduct business within
the City of Española. Such fee shall not preclude the utility
from obtaining a business license with the City of Española,
or any other permits which may be required to operate within municipal
rights-of-way.
No action until fees paid. No permit, certificate or franchise shall
be issued or granted unless and until such costs, charges, fees or
expenses have been paid in full, or provisions for same have been
established and approved via written agreement by the City Council;
nor shall any action be taken on proposed amendments or on applicable
changes unless and until such costs, charges, fees or expenses have
been paid in full.
From and after the passage of this chapter, the violation of any
section of this chapter, as amended or recodified, shall constitute
a misdemeanor and upon conviction of such violation shall be punishable
by a fine of not more than $500.
Each day that a violation is permitted to exist shall constitute
a separate and distinct offense, provided that any one or more of
such offenses may be set out in any complaint or information filed
pursuant to the provisions herein, provided further that separate
and distinct proof of each day's offense shall be required.
The provisions of this chapter shall apply to, cover and affect any
person, firm, corporation or group of persons, acting together or
in concert. Those who violate or refuse to comply with any of the
provisions, sections, rules or regulations of the above-mentioned
codes and sections, and any and all sections within said codes prescribing
penalties not in accord herewith are repealed insofar, but only insofar,
as said sections prescribe penalties different from those herein set
forth.