548 OWN OF TAOS
ORDINANCES
YEAR: / 9
N
R ORDINANCE NO.
,.N ORDINANCE GRANTING TO CLEAR-SIGHT TELEVISION CABLE COMPANY INC.
SUCESSORS AND ASSIGNS , THE RIGHTS, PRIVILEGE AND FRANCHISE TO USE THE
STREETS , ALLEYS AND OTHER PUBLIC PLACES IN THE TOWN OF TAOS , COUNTY
OF TAO S , STATE OF NE,,1 MEXICO, FCR THE PURPOSE OF RECEIVING, AI*LIFYING
AND DISTRII3U`I'I�G 'I"Z1 ;V � '101% SIGNALS AND 11"OVIDING FCR TIIE REGULItTION
T11EI�EO-: ANi, FOR i'AY1�11 iT FOR USE OF SAID .STREETS AND ALLEY:i .
BE IT Ui'L)AIINED BY T11U BOARD OF TRUSTEES OF THE TOWN OF TAOS ,
TAO:; COUNTY , STj: i:; OF NE4 MEXICO.
SECTION 1 . That there is hereby granted to Clear-Sight Television
Cable Company Inc. , its successors and assigns , hereinafter called the
GR/.NTEEj the right, privilege and franchise, to construct , maintain
and operate .i n the present and future streets, roads, alleys , and public
places of the Town of Taos , Taso County, State of New Mexico , a tele-
vision signal distribution system consisting of a tower or towers,
poles and cables , with all necessary or desirable appurtenances,
including underground conduit for the purpose of supplying television
signals to said Town.
SECTION 2. That said Grantee, its agents and employees , ma,y
enter in and upon oiiid streets, alleys and public places at any
time for the purpose of making; excavations , inst,nll.inC, removing,
repairing; and ma: ntainIng such poles , wires, cables and all other
tructiiress nrcee:;ary n' convenient
in supplying television signal
service . Any F�Iic -ill excavations shall be rap aired and obstructions
removed a.3 quickly as it is reasonably possible under the circumstances.
In the event the """rantee doe:; not promptly repair any strc, ft .r. or
s,id(�wijlks damaged by it , the Town may make such repairs and chargre
the amount thereof to the Grantee , which , upon written demand by
the Town shall be paid within ten (10) days , from the date of
such Notice.
I •
SECTION 3. The poles for such 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 Town or the inhabitants or pro-
perty owners along such streets or alleys,� and the replacing, construction
and manner of erecting the poles and lines of Grantee, as well ac fixtures
and attachments thereto, shall be vt all times subject to the rpolice
.owers of the $orrrd of Tructees of the Town of 'Taos.
J ION fir . The Grantee , its success ores and assi r;ns, shall hold
the Town of Taos, harmles.- against any and all darnarer; that may be
caused by reason of the construction and operation of Grantee 's
television distribution system in sail `Town to any and every person
or persons that may be damat°ed by reason d• construction t:nd operation
of Grantee's television distribution system in said Toen, and the
Grantee, its succer>;ors and a.-isi fans, shall cause to be refended or
defend at it',-, own exper,;e , all actions that may be commenced
said Town .of Taos for damrages caused by reason of the construction
or operation o`' ,;uch system.
SECTION 5. For rand in consideration of the ri.g;ht , privilege and
franchise herein g7-ranted, the Grantee , its succes,;ors and ansig,ns, shall
pay quarterly to the Town of Taos , New Mexico , during; the term of
this franchise , as street rental, a sum of two-percent of the
Grantee's total g;rosc monthly receipts from .,ervi.ccs, of Grantee 's,
cable to domestic znd co nmerci al customers ;rith i.n the pr sent -irnd
future corporate l:im ' tr> of the Town of Taos , New Mexico. Payment
of s�rid sum, in Accordance with the fore,-oin1T, for Vich qurrrte.r ' r>
crrocu monthly recf!ipts derived from the ,3er•r'iee:; o!' Gronte,--Io abl<,
shall be made on or before the la:;t day of Janutiry , AF;ril, July ,
and October; provided that the first report and payment due
hereunder slial"i be made for the first full quarter. Concurrently with
each payment the Grantee chsall furnish a written report s}.offir;r; t't e
amount of faros: monthly receipts involved . This franchise uror.
acceptance by the
I
Grantee , shall be and become a contract from which the full consideration
from each party to the other is that set out herein. The charge herein
made shall be in lieu of, to the extent permitted by law, and other
charges or fees of any kind, based on, connected with, or incident to
the exercise of any of the rights , privileges and franchise herein
£°wanted. The charges made= by the Grantee for its services shall be
approved b;, the Town as reasonable be?fore they nr2 placed :in effect.
Ouch chargee, may be revised from time to t:i e with the approval of
the Town and the Town specifically re:;,erve` the right to cancel
and termi.nntc� this frranchi.se at nny time it finds that Granted -is
exacti.nC, chart-e.,; in excess of those fixed. The Town shall have access
to the books and records of Grantee during; busi.nes , }lours to audit
Name and ascertain that the proper arr,ount is being• paid by Grantee
to the Town.
aLCi'I.UN b. Failure on part of the Grnntee to corm-ly wit?; rang of
the provisions hereof shat.' automatically cancel and terminate this
franchise , provided , however , that the 'Town shall. rive Grantee
written notice of !jny such r'.efault by rtef;i .stered mail at its Icist 'known
nddres: , and after the rrailinv of such notice to Grantee it „11,111
have th"rty ( ,c;) ;lay;; to correct any def,aultr, po i nte(i out by the Town
and continue thi,. fronclAse -r. full. force and effect ; otlierwi--;e , it
stall be automatically terminsited and be null Land void.
aECl1Uc! 7. This franchise ,hall be in force and effect for a
period of twenty-f ve yearn, from accevt<ince a.; provide-."
herein and tlrierf>>_ pon terminate and all license:, rand pr.iv;lerres
steal: thereupon c(,�a:;e, unlerfi mire than six (6) month-I-; before
expiration date and not more than one M/ year prior to said
ex0ration rinte, the Gr_,ntee shall. tender to the Town of T.-ao::, ,
notice or its :intention to renew thin; franchi.,�e , in which evert
the same shall be renewed for a term oaf twenty-fiv^ (25) year:.
"ECTION S. The,t this franchi,.3e shall riot be sold, assip;ned
or transferred until completed.
SCHEDULE OF CI?ARGES
CLEAR-SIGHT TELEVISION CABLE COMPANY INC.
RESIDENCE
New Installation----------------------------35.00
Reconnect----------------------------------- 4.00
Installation of >~xtention------------------- 5.0()
14onthly Rental------------------------------ 6.00
Monthly Rental of Extontion----------------- 1 .00
B()SINESS
New Installation----------------------------;j�50.00
Reconnect----------------------------------- 4.00
Installation of Extention------------------- 12.50
Monthly Rental------------------------------ 6.00
Ntonthly Rental of Extention----------------- 1 .00
All Installation, Reconnects , r'onthll.t Rental and Sm vice
Chlarges plus All
Approved:
TOWN OF TAOS
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mayor'
ATTEST:
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ton'-4 pprova t which time Gr.antee must then have wr
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t? Town Council,,to sell* .transfegjj,qr, as�i a ► :s franchise. �, tt t Y�
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.t 'v7'1{'a,!d�4;5 d endi b606**ernuu-, i' 00 r t.ittp{ a1
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Grantee within ei#hteen (18) months from date of this ordinance,
that reasonable progress is being made by Grantee toward the
installation of its system,
SECTION 10. That the Town of Taos by and through its ,+
Board of trustees agrees that, for the life of this franchise
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said town will not engage in a business or operation competitive `
with that of Grantee. a
SECTION 11. That Grantee will not engage in a house to house `
.f41R
solicit, ng program. a�
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SECTION 12. That the Grantee shall within ten (10) days
from passage and approval of this ordinance, file with the r
Clerk of the Town of Taos a written acceptance of this ordinance P
and at the same time pay to the said Clerk a sum of money sufficient
to cover the cost of publication of this franchise.
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Upon written accertance of this ordinance and franchise, all` .
prior.; franchises and/or permits are hereby declared to be 'null and
void•:
-ASSED AI4D AN ROVED this day of
1965.
Mayor �--
v
ATTEST:
�2 -�� 2�✓ CLERK
(Seal)