[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Sec. 13-4 of the 1980 Code. Amendments noted where applicable.]
Per NMSA 1978, § 3-4-2-1, the Village of Bosque Farms, New Mexico hereby grants to Jones Communication of New Mexico, Inc. (hereinafter called the "Grantee") and to Grantee's heirs, personal representatives, successors, lessees and assigns, for the term October 13, 1999 to October 13, 2004, a nonexclusive franchise granting the right, authority and power, permit and license to construct, acquire, maintain and operate a Community Antenna Television System and a Closed Circuit Electronics System within the community known and designated as the "Village of Bosque Farms, New Mexico" within Valencia County, New Mexico (hereinafter called the "Community"); to render, furnish and sell the service from such system to inhabitants of the Community and its environs and to use and occupy the streets, alleys, and other public places within the limits of the Community as now exist and may hereinafter exist; to construct and operate the System, including the right to enter and construct, reconstruct, erect, re-erect, relocate, repair and rebuild in, on, under, along, over and across the streets, alleys, avenues, parkways, bridges and other public places of the Community, on towers, poles, cables, amplifiers, conduit and other facilities owned, leased or otherwise used by Grantee for the furnishing of Community Antenna Service and Closed Circuit Electronics Service; provided, however, Grantee and its successors shall, whenever practicable, refrain from installing additional poles, but shall rather use existing utility structures. Grantee and its successors shall provide underground facilities for the System in all areas, subdivisions, etc. where underground utilities currently exist or in future subdivisions or other areas where underground utilities are installed.
The term of this agreement shall be extended until October 13, 2004.
The Grantee, in the construction and operation of the System, shall perform its work in such manner as to give the least inconvenience to the inhabitants of the Community and the public generally, and shall repair at Grantee's expense all damage to public or private property resulting from their use. The Grantee shall construct the System so that it makes the service available to the entire Community. The Grantee will start to make the System available to the residents of the Community within 36 months of the effective date of this ordinance.
The Grantee is required to obtain an excavation permit from the Village for all work requiring an excavation of any kind. The Village shall provide the permit on the same day that the actual excavation will occur. The Grantee shall notify the Village when a crew is on its way to allow the Village Utility Department personnel to be present to approve the permit. Section 9-3-17 of the Sewer System Ordinance shall apply to the Grantee.
Editor's Note: See Sec. 9-3, Sewers.
Cablevision lines installed after the effective date of this ordinance shall be installed at a depth of 18 inches within the Village right-of-way.
The use of the public ways and all utility easements of the Community by the Grantee, when in conflict with existing uses or the use of the Community, shall be subject to the control and direction of the Community as to location thereof.
If, after 180 days from the effective date of this ordinance, bona fide construction of the System contemplated hereunder has not begun, the Community may serve notice by certified mail upon the Grantee, requiring such construction to be commenced forthwith; and if, after the expiration of 30 days from the date of mailing such notice, such construction has still not been begun, the Community may elect to terminate all rights of the Grantee and its successors in interest hereunder.
It is expressly understood and agreed by and between the Grantee and the Community that the Grantee shall hold the community harmless from all loss sustained by the Community on account of any suit, judgments, execution, claim or demand whatsoever resulting from negligence on the part of Grantee in the construction, operation or maintenance of its System in the Community. The Community shall notify the Grantee's representative within 30 days after the presentation of any claim or demand either by suit or otherwise made against the Community on account of any negligence as aforesaid on the part of the Grantee.
To effectuate the foregoing, Grantee agrees to obtain and keep in force with an insurance company authorized to do business in the State of New Mexico, policies of liability insurance with a minimum coverage of $300,000 per person, $500,000 per accident, and property damage limits of $100,000, with the Community named as an additional insured thereon, and to file certificate of said policy with the Clerk/Treasurer of the Community.
The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and other public places of the Community so as to prevent the branches of such trees from coming into contact with the wires and cables of the Grantee. All trimming shall be done under the supervision and direction of the Community and at the expense and liability of the Grantee.
The Grantee shall, on the request of any person holding a valid building moving permit, temporarily raise or lower its wires to permit the moving of the buildings; the expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.
In the event that at any time during the period of the operation of this System the Community shall lawfully elect to alter or change the grade of any street, alley, or other public way, the Grantee, upon reasonable notice by the Community, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
In consideration of the rights hereby granted and as compensation to the Community for its cooperation in granting easement on land it owns, the Grantee shall, on the 15th day of each month, pay to the Community a sum equal to 5% of its gross monthly revenues, for the preceding month, from the sale of its Community Antenna Service and Closed Circuit Electronics System within the Village of Bosque Farms. Gross monthly receipts shall not include any compensation for installation, or any taxes imposed on services furnished by the Grantee or receipts derived therefrom.
The Community shall have the right, at its own expense, at reasonable times and places, to audit such records of the above-named Grantee, and representatives and assigns as may be reasonably required for the purpose of determining whether or not the payment made by said Grantee, its representatives and assigns shall constitute the percent of the gross revenues from the operation as above set forth. As to each payment, it shall be conclusively presumed three years after the payment is received that such payment is correct.
The Grantee and its successors hereby agree to furnish, at the Community's request, the Fire Department, Public Hospital, Police Department, and to each Public School Building within the Community one free tap, line or cable to each such building.
This service will be furnished so long as the Grantee or its assigns carry on this operation or service at no charge whatsoever.
Rate schedules, domestic or commercial, shall be submitted to the Community for written approval and retained on file in the office of the Clerk/Treasurer.
Any assignment of this franchise shall be subject to approval by the Community, which approval shall not be unreasonably withheld. In this connection, assignment, transfer, or hypothecation of shares of stock shall be subject to this disclosure provision and assignment or transfer of a majority of the outstanding stock shall be subject to approval by the Community.
All provisions of this franchise shall be binding upon the Grantee and its successors, lessees and assigns, whether expressly stated herein or not. All the rights, authorities, powers, grants and privileges secured by this franchise to the Grantee shall be held to inure to the benefit of the Grantee, its heirs and personal representatives and all successors, lessees and assigns of the Grantee.
Grantee further covenants and agrees that it will at all times during the term hereof maintain adequate technical personnel and satisfactory equipment to properly render, furnish and sell service to the inhabitants of the Community.
Grantee further agrees that no charge additional to those hereafter stated shall be made to any subscriber for viewing any station or program of the Grantee without prior written approval of the Community.
As the Cable and Telecommunications Industry expands there is a good possibility of offering other informational and entertainment channels and/or services. Some of these may be at no extra charge and some may be optional at an extra charge.
In all cases where the Grantee desires to furnish service to inhabitants who reside outside of the boundaries of the Community, the Community shall use its best efforts to aid the Grantee in making such service available, including its aid in securing any necessary consent or approval from any governmental body or agency or private developer.
The effective date of this ordinance shall be September 27, 1999.