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531 A 'O .il W OF �'AOS ORDINANCES Y 55 NUMBER's 287 JANUARY 10, 1964 Raido Station KKIT was set up by Mr. Norberto A. Martinez, to broadcast the meeting through the courtesy of the Coronado Pharmacy. AM The Council of the Town of Taos met in regular meeting at the hour of 7:30 o'clock p.m. , in the Councilroom with the following members present: Mayor Floyd Santistevan, and Councilmembers, Mrs. Floyd W. Beutler, Mr. Palemon R. Martinez, Mr. Filemon Sanchez and Dr. R. G. Hollis. Also present were: Molly 0. Rivera, Town Clerk, Arthur R. Leach, Chief of Police, Norberto A. Martinez, Police Magistrate, John B. Quintana Health Sanitarian, Ernest Martinez, Water Dept. Manager and Eliu E. Romero Town Attorney were absent. A quorom being present, the meeting was called to order. The following citizens were present: Mr. J. J. Montoya, chairman of the Boardo of County Commissioners, Mrs. Sally Howell, Mr. William Mingebach and Mr. Wally Olds Editor of the Taos News. Also present were the following members of the Peac Corps. Chris Dean, Lawrence Peterson, Marvin Hancock, Elmer Kellerman, Bill Whitson and Dave Tiedt. The minutes of the special meeting held December 11, 1963 were read. There being no changes or amendments, Councilman Sanchez moved that the minutes be approved as read. The motion was seconded by Councilmember, Mrs. Beutler and carried. RESOLUTION A resolution for a Budget Increase in the Street Improvements Fund was presented by the Mayor to the Council for consideration. Councilman Sanchez moved that the resolution requesting a Budget Increase in the Salary and Retirement items in the amount of $1,260.00 be approved, and further that the Town Clerk send copies of the Resolution to the Dept. of Finance and Adminis- tration, Local Government Division for their approval. The motion was seconded by Councilman Martinez and carried. ORDINANCE Mayor Santistevan presented for consideration an Ordinance, dealing in its entirety with the matter of destroying property belonging to the Town of Taos. Councilman Sanchez recommended that the Ordinance be amended to provide a penalty of a fine of not less than $5.00 nor to exceed $300.00 or a jail sen- tence not to exceed sixty days or both at the discretion of the Police Miagis- trate. After further discussion, Councilman Martinez moved that the Ordinance as amended be approved and made part of theminutes. The motion was seconded by Councilmember Mrs. Beutler and carried. ORDINANCE. No. 531 BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE TOWN OF TAOS, NEW MEXICO, IN REGULAR OPEN MEETING ASSEMBLED, AS FOLLOWS: Section I. That it shall be unlawful to deface, destroy, or maliciously molest any street sign, road sign, parking meter, fire hydrant, or any prop- erty designating names of streets, speed limits, road signs of all kinds, fire and water department property, or property of the Town of like kind or character. 288 Section II. Anybody who shall be found guilty of doing any of the aforestated acts shall be deemed to be guilty of a misdemeaner, and subject to a fine not less than Five ($5.00) Dollars, nor to exceed Three ($300.00) Hundred Dollas, or to a jail sentence not to exceed Sixty (6) days, or both, at the discretion of the Town Magistrate. Passed and adopted, bythe Mayor and the Council of the Town of Taos, on the 10th day of January, 1964. s/ Floyd Santistevan, Mayor Attest; s/ Molly 0. Rivera Town Clerk DELEGATIONS: Mr. J. J. Montoya, Ohairman of the Board of County Commissioners informed the Council that the intentions of the County Commissioners was to keep their promise in helping the Town Council financially with $200.00 for maintenance of the Town Dump ground. Mr. Montoya further informed the Council that his money was not available immediately. Regarding the matter of the Winter Ski Program, Mr. Montoya advised the Council, that the County Would participate financially in contributiong to the Winter ski program. Mayor Santistevan thanked Mr. Montoya for the cooperation ::Xtended the Town of Taos by the Board of County Commissioners. TAOS AIRPORT AUTHORITY: Mrs. Sally Howell appeared before the Council and presented a letter of resignation as a member of the Taos Airport Ruthority. Mayor Santistevan informed the Council that a copy of a Resolution adopted by the Council, November .1, 1961, establishing the Airport Authority was sent to Mr. Jim Snead, Assistant Attorney Genral, at Mr. Snead's request. Councilman Martinez recommended that a special meeting be called to name an Airport Authority and that Mrs. Howell consider being a .member. . To this, Mrs. Howell stated that she did not wish to serve on the Airport Authority Mrs. Howells, resignation was accepted. GAS FRANCHISE The Council discussed and considered the matter of the pending Natural Gas Franchisa with Southern Union Gas, Company. The Mayor presented a letter from Mr. E. A. Cridbring, Distribution Manager. After consideration of the letter and Paragraph "4" page two of a letter to Mr. Eliu E. Romero, Town Attorney, the Council directed that Paragraph 1147 be entered into the minutes. The Town Attorney being absent, the Council without a motion deferred further consideration until the next meeting. (Paragraph "4" made a part of the minutes herewith: ) " The enclosed draft does not contain your suggested provision granting a purchase option to the City upon the expiration of the franchise term. Such a provision in the Franchise would create numerous legal problems. At the present time there is an outstand- ing mortgage on all Southern Union Gas Company property as security for bonds of the Company, and this mortgage contains an after-acquired property clause that would make the proposed Taos gas distribution system and connecting pipeline subject to the mortgage lien. The existence of this lien, of course, creates numerous legal problems in connection with the exercise of a purchase option." O R D I N A N C E No. ..S.31 BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE TOWN OF TAOS , NEW MEXICO IN REGULAR OPEN MEETING ASSEMBLED, AS FO}:LOWS : Section I . That it shall bp unlawful to deface , destroy , or maliciously molest any 5+rz-et sign, road sign, parking meter, fire hydrant , or any property designating names of streets , speed limits , road signs of all kinds , fire and water department property , or pro- perty of -the Town of like kind or character. Section II . Anybody who shall be found guilty of doing any of the aforestated acts shall be deemed to be guilty of a misdemeaner, and subject to a fine not less than Five ( $5 . 00 ) Dollars , nor to ex- ceed Three ( $200 . 00) Hundred Dollars , or to a jail sentence not to ex- ceed Sixty ( 60 ) days , or bc:th , at the discretion of the Town Magistrate. PASSED AND ADOPTED, by the Mayor and the Council of the Town of Taos , on the 10th, day of January , 1964. ayo ; own of aos TTEST: own