SAN JUAN COUNTY, NEW MEXICO

AN ORDINANCE EXTENDING THE FRANCHISE PREVIOUSLY GRANTED

TO THE CITY OF FARMINGTON TO OPERATE AN ELECTRIC UTILITY

SERVICE WITHIN SAN JUAN COUNTY FOR AN ADDITIONAL FIVE

YEAR PERIOD FROM NOVEMBER 1, 2001 TO NOVEMBER 1, 2006

WHEREAS, the City of Farmington, a municipality within San Juan County, New Mexico, operates an electric utility system pursuant to a Franchise granted to it by the Board of Commissioners of San Juan County which was effective on November 1, 1986; and

WHEREAS, the Franchise was granted for ten years and would have expired on November 1, 1996; and

WHEREAS, the Franchise was extended by Ordinance No. 41 to expire on November 1, 2001; and

WHEREAS, the Franchise should be extended on the same terms and conditions for another five years to expire on November 1, 2006.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, that:

SECTION I. EXTENSION.

The Franchise authorizing the City of Farmington to operate its electric utility system within the County, dated April 2, 1987, is hereby extended until November 1, 2006.

SECTION II. TERMS AND CONDITIONS.

The terms and conditions of the April 2, 1987 Franchise, other than the termination date, shall remain the same.

SECTION III. EFFECTIVE DATE.

Regardless of the date this ordinance is adopted and effective, it shall be considered to have been effective as of November 1, 2001.

SECTION IV. ACCEPTANACE [sic] BY CITY OF FARMINGTON.

Within thirty days of adoption of this Ordinance, the City of Farmington shall file with the County its acceptance of this franchise extension and agree to continue to be bound by its terms and conditions.

SECTION V. PUBLICATION.

This ordinance shall be published in accordance with NMSA 1978, Section 3-42-1 B. (1965). The City of Farmington shall reimburse the County for the cost of such publication.

PASSED, APPROVED, SIGNED AND ADOPTED this 7^th day of November, 2001.

ATTEST:

/s/ Fran J. Hanhardt, County Clerk /s/ By: Steve Neville, Chairman