[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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
