VILLAGE OF CAPITAN ORDINANCE 2008-____
An Ordinance Granting Otero County Electric Cooperative, Inc., its
Successors and Assigns, the Right and Franchise to Transmit and
Distribute Electrical Energy in the Village of Capitan, NM, and use the
Streets Right-of-Ways, Easements, Alleys, and Other Public Places for
such Purposes
8-3-1: FRANCHISE GRANTED; USE OF
STREETS:
A. Granting Franchise: There is hereby granted
to Otero County Electric Cooperative, Inc., a New Mexico corporation,
its successors or assigns, hereinafter called the “Cooperative”, the
exclusive right, privilege and franchise of erecting, constructing,
maintaining, and operating an electric transmission and distribution
system consisting of poles, lines, wires, insulators, transformers,
arms, braces, anchors, or other suitable structures and appurtenances
installed thereon, in, under, or upon so many and in such parts of the
present and future public highways, streets, roads, alleys and other
public places in the Village of Capitan, Lincoln County, New Mexico,
hereinafter referred to as “Village”, as the Cooperative, its
successors and assigns, may elect to use for the purpose hereinafter
specified and using such electrical transmission and distribution
system for the purpose of transmitting, conveying, distributing and
supplying electricity in and in the vicinity of said Village for light,
heat, power and all other lawful purposes.
B. Street Use For Poles, Wires: The said
Cooperative, its agents and employees, may enter in and upon the said
highways, streets, roads, alleys, and public places at any time for the
purpose of making excavations, removing, repairing, and maintaining
such poles, wires, cable, and all other structures necessary or
convenient in supplying such electric service. Any and all
excavations shall be repaired, and obstructions removed as quickly as
is reasonably possible under the circumstances.
C. Placement Of Poles: The poles for said
transmission and distribution system shall be placed and erected in
such manner as not to interfere with the use of the roads, streets,
alleys, and public places in said Village, or its inhabitants or
property owners along such streets or alleys, except as may be
reasonably necessary, and shall be at all times in compliance with the
standards and specifications as established and amended by the Rural
Utilities Service, and all applicable state and national electrical and
safety codes.
Village of Capitan
Ordinance 2008-_____
Page 2 of 4
8-3-2: HOLD HARMLESS
AGREEMENT: The Cooperative, its successors and assigns, shall,
during the term of this franchise, hold the Village harmless against
any and all damages that may be caused by reason of the construction
and operation of the Cooperative’s electric transmission and
distribution system in the Village to any and every person or persons
that may be damaged by reason of the construction or operation of such
transmission and distribution system, and the Cooperative, its
successors and assigns, shall defend or cause to be defended, at its
own expense, all actions that may be commenced against the said Village
for damages caused by reason of the construction or operation of such
transmission and distribution system.
8-3-3: FURNISHING POWER UNDER
TARIFF SCHEDULE: In consideration of the above grant, the
Cooperative agrees to furnish during the continuation of its franchise
adequate electric power and energy, to the extent that the Cooperative
has such power, energy and facilities available, to the consumers in
the Village, under the tariff schedule as approved by and on file with
the New Mexico Public Regulation Commission or its successors.
8-3-4: FRANCHISE TAX: In
lieu of an occupation tax or other tax, the Cooperative shall pay as a
franchise tax, to the Village, two percent (2%) of its gross revenues
derived from sales of electricity to its consumers within the corporate
limits of the Village. Said franchise tax shall be paid quarterly
on the gross revenue of the preceding quarter on or before the last day
of January, April, July, and October.
8-3-5: TERM OF FRANCHISE:
This franchise shall be in force and effect for a period of twenty five
(25) years from acceptance as provided herein, and shall thereupon
terminate and all licenses and privileges shall thereupon cease.
8-3-6: VALIDITY OF
ORDINANCE: 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 part of the provisions hereof, other than the
part so decided to be invalid or unconstitutional.
DONE, PASSED, APPROVED AND ADOPTED this 12th day of August, 2008.
____________________________________
Sammy Hammons,
Mayor
Village of
Capitan, New Mexico
Village of Capitan
Ordinance 2008-_____
Page 3 of 4
ATTEST:
_____________________________________
Kay Strickland, Village Clerk
The Cooperative shall within ten (10) days from the passage and
approval of this Ordinance, file with the Clerk of the Village of
Capitan a written acceptance of this Ordinance.
Village of Capitan
Ordinance 2008-______
Page 4 of 4
ATTEST:
VILLAGE CLERK
I, Kay Strickland, Village Clerk of the Village of
Capitan, New Mexico, do hereby certify that the foregoing is a true and
correct copy of Ordinance 2008-_____, passed and approved by the Board
of Trustees of the Village of Capitan, New Mexico at a regular meeting
held on the 12th day of August 2008.
___________________________________________
Kay Strickland, Village Clerk
ACCEPTANCE OF THE VILLAGE OF CAPITAN, NEW MEXICO ORDINANCE NO.
2008-_____:
Otero County Electric Cooperative, Inc. does hereby accept the terms
and conditions of Ordinance Number 2008-______passed, approved and
adopted by the Village of Capitan, New Mexico on the 12th day of August
2008.
_________________________________________
President
STATE OF NEW MEXICO )
COUNTY OF OTERO
) ss:
The foregoing instrument was acknowledged before me
this _____ day of ___________________________, 2008, by
___________________________________, President of the Board of Trustees
of Otero County Electric Cooperative, Inc.
_________________________________________
Notary Public
My Commission Expires:
_______________________