[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 1-16-1975 (Sec. 13-2 of the 1980 Code). Amendments noted where applicable.]
The Village of Bosque Farms, New Mexico (hereinafter called "Municipality") hereby grants to and vests in Public Service Company of New Mexico, a corporation organized and existing under and by virtue of the laws of the State of New Mexico, with a permit to transact and actually transacting business in the State of New Mexico (hereinafter called the "Company"), its legal representatives, successors, lessees and assigns, a franchise and the authority, license, power and privilege to maintain, construct, equip, extend, alter and otherwise establish and operate in the Municipality, as now or hereafter constituted, works, systems, plants, pipes and all related facilities (including those now in service) necessary and appropriate to sell, manufacture, store, distribute, convey or otherwise conduct, serve, supply and furnish the inhabitants of the Municipality and others, and to the Municipality, whenever the Municipality may desire to contract therefor, gas for light, fuel, power, heat and any and all other useful purposes, and the said Company is hereby granted passage, right-of-way in, under, along and across, and the right to occupy and use in any lawful way during the life of this franchise any and all streets, avenues, easements, rights-of-way in, under, along and across, and the right to occupy and use in any lawful way during the life of this franchise any and all streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, bridges and other structures and places and public grounds of the Municipality now or as may hereafter exist, for every and any such service, use, effect, and lawful purpose as herein mentioned.
The Company is hereby authorized, licensed and empowered to do any and all things necessary and proper to be done and performed in executing the powers and utilizing the privileges herein mentioned and granted by this franchise, provided the same do not conflict with water pipes, sewers or other authorized preexisting installations, and provided that all work done in said streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, bridges and other structures and places and public grounds of the Municipality by the Company shall be done with the utmost diligence and without unnecessary inconvenience to the public or individuals, and the Company shall, within a reasonable time, restore all places excavated by it to their original condition as nearly as practicable.
The Company shall have the right and privilege of transferring this franchise and all rights and privileges granted herein, and whenever the word "Company" appears herein, it shall be construed as including its successors, assigns and lessees.
The Company, for and in consideration of the granting of this franchise and as rentals for the occupation and use or easement over, upon and beneath the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, bridges and other structures and places and public grounds in the Municipality, shall through the term of this franchise pay to the Municipality each year during all the time this provision shall remain in force and effect a total aggregate sum of 2% of the Company's gross receipts (exclusive of sales or gross receipts taxes) collected during each year from users and consumers on account of gas sold and consumed within the corporate limits of the Municipality under the Company's rates effective from time to time, excepting therefrom, however, the gross receipts from gas sold to industrial consumers under special contract and the gross receipts for gas sold to the Municipality for its own use. The Company shall make such payments semi-annually on or before the last day of January and July in each calendar year while this provision shall remain in force and effect. For the purpose of determining said gross receipts, the books of the Company shall at all reasonable times be subject to inspection by duly authorized officials of the Municipality. The payments by the Company provided for above in this section shall be in lieu of any and all "other Municipal taxes" as hereinafter defined and, anything herein to the contrary notwithstanding, said payments shall continue only so long as the Company is not prohibited from making the same by any lawful authority having jurisdiction in the premises and only so long as the Municipality does not charge, levy or collect or attempt to charge, levy or collect any such "other municipal taxes," and if any lawful authority having jurisdiction in the premises hereafter prohibits the making of said payments or if the Municipality charges, levies or collects or attempts to charge, levy or collect any such "other municipal taxes" the Company's obligation to continue making said payments shall forthwith cease. As used in this section, the term "other municipal taxes" means and includes any and all franchise, license, privilege, instrument, occupation, excise or revenue taxes and any and all other fees, charges or exactions (except municipal occupation taxes lawfully assessed and collected on the Company's retail sale of appliances, general ad valorem taxes and special assessments for local improvements) upon all or any portion of the business, revenue, property or activities of the Company located or conducted within the Municipality during the term of this franchise.
This franchise shall be accepted by said Company in writing, which acceptance shall be filed with the Clerk of said Municipality within 30 days after the taking effect of this ordinance, and when so accepted this ordinance shall be a contract duly executed by and between the Municipality and the said Company.
This franchise shall take effect and be in force from and after 30 days from the date of its passage, during which thirty-day period this ordinance shall be published in a manner provided by law, and shall continue in full force and effect for a period of 25 years from the date of its passage.
After the passage of this ordinance and upon its acceptance by the Company, all rights and privileges heretofore granted by said Municipality in and by its ordinance or ordinances granting and/or supplementing gas franchise rights to the Company or its predecessors in interest, shall be superseded by this ordinance.