Legal Department (Ordinances 64) - San Juan County, New Mexico: Local Government.

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SAN JUAN COUNTY , NEW MEXICO

ORDINANCE NO. 64

AN ORDINANCE AMENDING THE FRANCHISE PREVIOUSLY GRANTED TO THE CITY OF FARMINGTON TO OPERATE AN ELECTRIC UTILITY SERVICE WITHIN SAN JUAN COUNTY

AND RENEWING THE FRANCHISE FOR A PERIOD OF TEN YEARS.

WHEREAS, the City of Farmington has operated an electric utility system in San Juan County pursuant to a Franchise dated April 2, 1987; and

WHEREAS, the Franchise should be amended to increase the franchise fee and renewed for a period of ten years.

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

Section 1. The Franchise dated April 2, 1987, as amended by this Ordinance, authorizing the City of Farmington to operate its electric utility system within the County is hereby renewed for a period of ten years from the effective date of this Ordinance.

Section 2. The portion of Section 7. Compensation. of the April 2, 1987 Franchise establishing a franchise fee of 1% of the gross receipts for electric service sold within the county area is hereby amended to provide that the franchise fee shall be 1.5% of the gross receipts for electric service sold within the county area for the first year, 2% for the second year, 2.5% for the third year and 3% each year thereafter for the term of the Franchise granted by this Ordinance.

Section 3. The terms and conditions of the April 2, 1987 Franchise, other than the amount of the franchise fee as set out in this Ordinance and the termination date, shall remain the same.

Section 4. This Ordinance shall be effective on July 1, 2007.

Section 5. Within thirty (30) days of the adoption of this Ordinance, the City of Farmington shall file with the County its acceptance of this franchise renewal and agree to be bound by its terms and conditions.

Section 6. 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 the publication.

Passed, approved and adopted this 20^th day of June, 2007.

BOARD OF COUNTY COMMISSIONERS

OF SAN JUAN COUNTY, NEW MEXICO

/s/ Tony Atkinson, Chairman

ATTEST:

/s/ Fran J. Hanhardt, County Clerk

By: Debbie Holmes, Deputy