608 TOWN OF TAGS
ORDINANCES
YEAR: 1971
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1 DRAFT OF PROPOSED FRANCIIISE FOR TAOS
2 ORDINANCE NO.
3 AN ORDINANCE GIANTING TO TAOS CABLE TV CO. , SUCCESSORS AND ASSIGNS, THE
4 RIGIITS, PRIVILEGE A14I) FRANCIIISE TO USE THE STREETS, ALLEYS AND OTHER PUBLIC
5 PLACES IN THE TOWN OF TAOS, CMPNTY OF TAOS, STATE. OF NEW MEXICO, FOR THE PURPOSE,
6 OF RECEIVMG, AMPLIFYIPiG ANT) DISTRIBUTING TELEVISION SIGNALS AND PRWIDING FOR
7 THE REGULATION THER;WF AND FOR PAYMENT FOR USE OF SAID STREETS AND ALLT.YS,
8 BE IT ORDAINT:D BY THE BOARD OF TPUISTEES OF THE TOWN OF TAOS, TAOS COUNTY,
9 STATE OF NE14 NEX ICO.
LO SE("PION 1. There is hereby geanted to Taos Cable TV Co. (hereinafter called
11 'Grantee") for the term of Twenty-five (25) yearn from and after the (late hereof,
i2 the right to constrict, operate and maintain a community antenna and closed
13 circuit electronic System for the distribution of television impulses, television
14 energy and FM radio within, along, upon, under and over the streets, alleys and
15 other public places of the Town of Taos, New Mexico (hereinafter called
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16 "Municipality"), as now or hereafter constituted.
17 SECTION 2. Wh!rever used in this ordinance, the words "Television" and
18 IYY Radio" shall mein a system for transmission of audio signals and visual
19 images, generally a :sociated with television and F11 radio, by means of electrical
20 impulses.
21 SECTION 3. Th : construction, maintenance, and installation of equipment
22 and facilities of g-antee's television and F11 radio trap mission and distribution
23 system including connections to stibor.ibers of grantee' s service, shall be in
24 accordance with all applicable_ ordinances and regulations of the municipality.
25 SECTION 4. Gnintee agrees to save the city harmless for any in,jurie. or
26 da,nages to persons, proporty or thing and shall indemnify the said Municipality
27 from any liability Yhatsoever arising out of construction and operation of
28 Grantee' s trlevisirni system.
29 SECTION 5. Th ! Grantee shall not place poles, towers or similar structures,
30 or pedestals for se)•ving underground wire, where the same will interfere with any
31 gas, electric, water hydrant or main, drainage facilities or sanitary newer, and
32 all such fixtures s'iall be placed as directed by the !Municipality and in such
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1 manner as not to interfere with the usual travel or use of streets, highways,
2 alleys or other public ways or places.
3 SECTION 6. In the eve
nt of any disturbance of any pavement, sidewalk,
4 driveway or other nurfacinr, the Grrrntee shall, at its cost and expense at the
5 time and in tile manner prescribed by the governing body of the Municipality or
6 itn duly designated representative, replace nod restore all srich pavement,
7 sidewalk, driveway, or other surface to as good a condition as before the
8 commencement of the work or activity by Grantee disturbing same. In the event
9 Llhe Grantee does not promptly repair any streets or sidewalks damaged by it,
10 the Town may snake srch repa(.rn and charge the amount thereof to the Grantee,
11 wliich, upon written demand by the Town, shall. he paid within ten (10) days, from
12 the day of such notice.
13 SrCTION 7. 'fit( syste,n till-ill lie maintn fined no as not to interfere with
14 existing television or FM or AN radio reception.
15 SECTION 8. In consideration of the rights herein granted, and as compensa-
16 tion to the Municip.,lity for the tine of its streets, alleys and other public
17 places, and in lien of any occupation or license tax, the Grantee shall., on or
18 before the last clay of June and the last day of December in any year, pay to the
19 Municipality a sum -!qual to Two (2%) per cent of the gross receipts of Grantee
20 for the preceding s x (6) months. For the purponr of verifying the amount of
21 said fee, the Munic pality shall have the right to audit Grantee' s hooks.
22 SECTION 9. Th'.s franchise shall cease, determine and be void unless
23 substantial proof i ; furnished by Grantee within eighteen (18) months frmn date
24 of granting of perm'.nsion that progress in installation has been made under the
25 franchise, satisfac ory to the Municipality.
26 SECTION 10. S•►ould any section, clause or provision of this ordinance be
27 declared invalid by a court of record, the same. shall not affect the validity of
28 the ordinance as a ,hole or any part thereof, other than the part no dec1pred
29 invalid.
30 SECTION 11. Tic rights, powers, limitatioun, duties and r( strictions herein
31 provided for shall inure to and be hinding upon the parties hereto and upon their
32 respective successors and assigns.
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1 SECTION 12. This ordinance shall take effect and be in force from and
2 after its passage by the Board of Trustees of the Town of Taos, New Mexico.
3 SECTI(*V 13. The Granted shall within ten (10) days from passage and
4 approval of this ordinnnc(:, file with the Clerk of the Town of Tnon a written
5 acceptance of this ordinance and at the same time pay to the oaict Clerk a sum
6 of money sufficient to cover the cost of publication of this franchise.
7 SECTION 14. UFon written acceptance of this ordinance and franchise, all
8 prior franchises and/or permitn for the distribution of closed-circuit television
9 signals to the Town )f Taos are hereby declared to hf! null and void.
10 PASSEI) AND A1111FOVE1) thin day of , 1971.
11 1W
12 Taos Cable TV Co. hereby accepts the franchise numbered
13 approved by the To%,n- of Taos, New Mexico, on this _ day of
14 L971,
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1 DRAFT OF •PROPOSL'D FRANCiIISr FOR TAOS j
• 2 ORDINANCE No.
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3 AN ORDINANCE GRANTING TO TAOS CABLE TV CO. , SUCCESSORS AND ASSIGNS, T1iE
RIGHTS, PRIVILEGE AND FI;ULNCliISE TO USE THE STRL•'lETS, ALLEYS AND OTHER PUBLIC
5 PLACES IN THE TOWN OF TAOS, COUNTY OF TAOS, STATE OF NEW MEXICO, FOR THE PURPOSE
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6 OF RECL'IVI.1G, AMPLIFYING AND DISTRIIiUTZG •iLLEVISION SIGNALS AND PROVIDING FOR
7 THE REGULATIaN T1011.0F AND FOR PAY1,4rNT FOR IISF: 0? SATD STRI.11TS AND ALLEYS.
8 BE IT ORDAINED BY TILT: BOARD OF TRUSTEES OF THE T0144N OF TAOS, TAOS COL^;TY,
9 STATE: OF NEW l•1LXICO.
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10 SUCTION 1, There in hereby granted to Taos Cable TV Co. (hereinafter called
11 "Grantee") for the term of Twenty-five (25) years from and after the date hereof,
12 the right to construct, operate and maintain a community antenna and closed
13 circuit electronic system for the distribution of television impulses, television
14 energy and F;t radio within, along, upon, under and over the streets, alleys and
15 other public places of the Town of Taos, New Mexico (hereinafter called
16, "Municipality"), as now or 'heroafter constituted.
17. SECTION 2. Whorever used in this ordinance, the words "Television" and
18 "?M Radio" shall mean A system for transmission of Audio signals and virunl
19 images, generally associated with television and FM radio by means of electrical
20 impulses.
21 SECTION h
.!. The construction, maintenance, and installation of equipment
22 acid facilities of grantee's r-ilevision And FAI radio transmiosio'n and distribution
23 system including connections to subaribera of grantoe' s norvico, shall be in
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2• accordance with all applicr-tile, ordinances and rngulntions of the municiprllity.
25 jl SECTILV' 4. Grantee agreas to save the city hannlesn for any injueiar, or
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26 II damages to persons, property or thing and rhall indemnify the said Municipality
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27 from any liability whatsoever arising out of construction and operation of
28 i, Grantee's tolevision system.
29 SECTION 5. The Grantee shall not place poles, towers or similar structures,
30 or pedestals for serving underground wire, where the same will interfero with any
31 I gas, electric, water hydrant or main, drainage facilities or sanitary sewer, and
32 all such fixtures shall be placed as directed by the Municipality and in such
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1 manner as not to interfere with the usual travel or use of streets, highways, !
2 alloys or other public ways or places. ..
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3 SECTION 6. In the event of _,ny disturbance of any pavement, sidewalk, i
4 driveway or other surfacing, the Grantee shall, at its cost and expense at the j
' 5 time and in the manner proscribed by the governing body of the Municipality or j
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6 its duly designated representative, replace and restore all such pavement,
7 sidewalk, driveway, or other surface to an good a condition as before the
8 commencement -of the work or activity by Grantee disturbing same. In the event
9 ! the Grantee does not promptly repair any streets or sidewalks damaged by it,
10 the Town may make arch repairs and charge the amount thereof to the Grantee,
11 which, upon written demand by the Town, shall be paid within ten (10) days, fro,•n
12 the day of such notice.
13 ] SECTIM 7. Tho system shall be maintained so as not to interfere with
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14 I existing television or FM or ks' radio reception.
15 8. In consideration of the rights herein granted, and as compensa-
16. tion to the Municipality for the use of its streets, alloys and other public
places, and in lieu of any occupation or license tax. the Grantee shall, on or
18 before the last day of June and the last clay of December in any year, pay to the
19 Municipality a sum equal to Two (2%) per cent of the gross receipts of Grantee
20 for the preceding six (6) months. For the purpose of verifying the amount of
21 said fee, the Municipality shall have the right to audit Grantee's books.
22 SECTION 9. This franchise shall cease, determine and be void unless
23 substantial proof it furnished by Grantee within eighteen (18) months from date
24 of granting of permission that progress in installation has beer mado under the
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25 franchise, satisfactory to the Municipality.
26 SECTION 10. Should any section, clause or provision of this ordinance bu
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27 declared invalid by a court of record, the same shall not affect the validity of '
28 ( the ordinance as a whole or any part thereof, other than the part so declared
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29 I invalid.
30 SECTION 11. T1,e rights, powers, limitations, duties and restrictions herein
31 I -- provided for shall inure to and be binding upon the parties hereto and upon their
I 32 I respoctive successors and assigns. !
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1 1 SECTICN 12. This ordinance shall take effect and be in force from and
2 after its passage by the Board of Trustees of the Town of Taos, Now Mexico.
3 Sr-.CTICN 13. The Grantee shall within ten (10) days from passage and
i 4 approval of this ordinance, file with the Clark of the Town of Taos a written i
! 5 acceptance of this ordinance and at the same time pay to the said Clerk a sum
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6 of money sufficient to cover the coat of publication of this franchise.
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7 SECTIM 14. Uron written acceptance of thin ordinanca and franchise, all
8 prior franchises and/or permits for the distribution of closed-circuit television
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9 signals to the Torn of Taos are horaby declnred to be null and void.
10. PASSED AND APPROVED this `��T' day of �cs ��^U6:Y1.'� , 1971.
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12. Taos Cable TV (.o. hereby accepts the franchise numbered
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approved by the Town of Taos, New Mexico, on this day of
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14' 1971.
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