[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.]
[Amended 9-18-1997]
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.
