[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 1-16-1975 (Sec. 13-1 of the 1980 Code). Amendments noted where applicable.]
The Village of Bosque Farms, New Mexico, hereinafter called the "Village," duly incorporated under the laws of the State of New Mexico, hereby grants to Public Service Company of New Mexico, a corporation, having its principal office in the City of Albuquerque, New Mexico, and authorized to do business in the State of New Mexico by virtue of and pursuant to the statutes of New Mexico, hereinafter called the "Company," its legal representatives, successors, lessees and assigns, a franchise and right to locate, build, construct, purchase, maintain and operate into, within and through the said Village, a plant or plants and system or systems, for the purchase, manufacture, production, generation, transmission and distribution of electricity for light, heat and power, and other useful service, with the right and privilege to furnish, sell and distribute, supply, conduct and serve the same to the said Village, the inhabitants thereof, and to others, by means of pipes, mains, conduits, cables, appliances, towers, piers, abutments, stations and structures, and lines, poles with wire strung thereon, and otherwise over, under, along and across, any and all streets, alleys, roads, lanes, viaducts, underpasses, bridges, public ways and places as may now exist or hereafter be laid out, opened, located and constructed within the Village, or hereafter by extension, addition, or incorporation to become annexed to or included within the said Village of Bosque Farms.
The Village hereby grants to Public Service Company of New Mexico the right to use and occupy said streets, alleys, roads, lanes, viaducts, underpasses, bridges, public ways and places for the purposes herein set forth; this right shall not be exclusive.
All poles within said Village erected by the Company shall be located so as to cause minimum interference with proper use of streets and alleys, and in such a way that will not seriously impede or endanger public travel, or unnecessarily interfere with the reasonable use of the highway by the members of the public.
The Village shall have the right to use, without cost, all poles within said Village erected by the Company, for the purpose of fire alarm and police signal systems, provided that the Company shall assume no liability or be put to any additional expense in connection therewith, except maintenance of poles, and the use of said poles by the Village therefore shall be in such manner as not unnecessarily to interference with the Company's use of same.
The said Public Service Company of New Mexico shall put and keep in order all such poles, posts, lamps, wires and other apparatus as have heretofore been erected or in use by it, or which may hereafter be erected, so long as the same shall be kept for use and shall always be prepared to furnish and shall furnish, to the Village and its inhabitants, a good quality of electricity for power and illuminating purposes.
Said Company is hereby authorized, licensed and empowered to do any and all things necessary and proper to be done and performed in executing the power and utilizing the privileges herein mentioned and granted by this Franchise, including the making of excavations, the right to acquire, erect, maintain and operate its poles, wires and appliances in and on any and all streets, alleys, viaducts, underpasses, bridges, roads, lanes, public ways and places of said Village by said Company, provided that all work done in said streets, alleys, viaducts, underpasses, bridges, roads, lanes, public ways and places of said Village by said Company shall be performed with reasonable diligence; and the Company shall promptly restore same to as good condition as before working thereon or to the reasonable satisfaction of said Village Council of the said Village of Bosque Farms.
The right, license, privilege and permission is hereby granted to the Company to trim trees upon and overhanging the streets, alleys, sidewalks, parkways and public places of the Village so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company, and when so ordered by the said Village, such trimming shall be done under the supervision and direction of such Village official to whom such duties have been or may be delegated.
The said Village shall give the Company reasonable notice of the change of any grade, relocation of any street, or alley, closing or opening of any street or alley made for the purpose of street improvements which requires the moving of poles, conduits or other construction, and the costs of such relocation of the poles, lines and conduits or other construction made by the Company because of street improvements shall be borne by the said Company. This section shall not require the Company to pay the expense of the foregoing if any applicable ordinance or law provides for payment to the Company, either direct or by reimbursement of such costs.
Upon passage, approval and acceptance of this Franchise, said Franchise shall be in effect for 25 years after the adoption of Ordinance No. 23, enacted upon.
As full compensation for the franchise rights and privileges herein conferred, the Company shall pay to the Village the amount of 2% of its gross sales within the limits of the Village. Said compensation shall be paid monthly not later than the 20th day of the month following that in which revenues shall have accrued to the Company. Such payments shall be in lieu of any and all other franchise, license, privilege, interest, occupation (except if the Company does a merchandising business in appliances, etc., then an occupation tax may be assessed), excise or revenue taxes and all other exactions (except general ad valorem property taxes and special assessments for local improvements) upon the business, revenue, property, lines, installations, systems, conduits, pipes, fixtures or other appurtenances of the Company and all other property or equipment of the Company or any part thereof in said Village during the term of this Franchise, and it is further agreed that above said consideration shall by the Village be considered and recognized as an operating expense on the part of the Company.
The rates to be charged by the Company for providing electricity shall be those presently being charged by it and presently in effect as now on file with the New Mexico Public Service Commission, until and unless changed in accordance with law.
The Company shall within 30 days after the passage and approval of this ordinance file in the office of the Village Clerk a written statement of acceptance duly signed and acknowledged by the proper officers of said Company authorized to execute such acceptance.
In the event that such acceptance is not filed within the said period, this ordinance and the rights, privileges and franchise herein granted shall ipso facto be and become terminated and void; provided, however, the Village Council of the Village may by resolution extend the time herein allowed for the filing of such acceptance for an additional period of 30 days and no longer.
In the event that the Village shall at any time hereafter acquire by purchase or otherwise the property of the Public Service Company of New Mexico in the Village, it is agreed that in any negotiations or proceedings looking toward the acquisition of said property by the Village, the value of this franchise shall be arbitrarily fixed and determined at the sum of $1 and no more.
By the acceptance of this ordinance and the privileges granted therein, the Company hereby expressly agrees that it will indemnify and save harmless the Village, its officers, agents and servants from any and all damages and liabilities it may have or sustain by reason of the carrying out or the breach of the terms hereof by the Company.
Whenever "Company" is used in the franchise it is intended to include not only the Public Service Company of New Mexico, but also its legal representatives, lessees, successors and assigns.
If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of the provisions hereof, other than the part so described to be invalid or unconstitutional.
All ordinances in direct conflict herewith are, to the extent of such conflict, hereby repealed.