This chapter, as amended from time to time, may be cited as
"The Franchise Act of the City of Española," or simply as "The
Franchise Act Ordinance."
The City Council of the City of Española, New Mexico,
in pursuance of authority granted by the laws of the State of New
Mexico (NMSA 1978 § 3-42-1), hereby ordains and enacts into
law the following regulations.
The provisions of this chapter shall apply within the City limits
of the City of Española as well as any right-of-way maintenance
within an extraterritorial zone or jurisdiction that is or may be
put in place or negotiated through and with third-party governments.
This will include any and all proposed or future agreements entered
into by the City and County, including the right to permit work done
within the specified rights-of-way as specified in the Española
Right-of-Way Ordinance.[1]
The purpose of this chapter is to promote the proper management
of public rights-of-way and their relation to the development of the
City of Española. It is further the purpose of this chapter
to manage public rights-of-way, easements and other public ways, lying
within, above, below and around the jurisdiction of the City of Española,
and to ensure the protection of the health, safety and welfare of
the general public and as a matter of public policy to promote the
preservation, protection and enhancement of buildings, lands, and
lands and structures that lie within said jurisdiction.
This chapter shall apply to all lands, and their associated
rights, lying within, above, below and around the City of Española,
including lands belonging to other public agencies, organizations
and groups, including those belonging or falling under the control
of federal, state or other local governments. This will include any
and all proposed or future agreements entered into by the City and
county and may include all applicable fees authorized by agreements
between the City of Española and other jurisdictions.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. Questions or conflicts regarding the actual and/or intended meaning of terms, sections or articles of this chapter shall be reviewed utilizing the Española Municipal Code, Chapter 158, Businesses, Regulation of, Chapter 180, Excavations, Chapter 290, Streets and Sidewalks, and Chapter 350, Zoning and Development. Additional interpretive assistance can and may be garnered from the Uniform Zoning Code as published by the International Conference of Building Officials, 1997 Edition; the Zoning Encyclopedia, the Zoning Dictionary and the Zoning Compendium, all published by Lehman & Associates and known and referenced more commonly as the "Zoning Trilogy." Each of these documents and publications shall be maintained and kept on file for public review in the office of the Planning and Zoning Department.
A.
It is not
intended that this chapter interfere with, abrogate, annul or repeal
any ordinance, rules or regulations previously adopted and not in
conflict with any of the provisions of this chapter. Notwithstanding
anything to the contrary in this chapter, this chapter shall not abrogate,
annul, repeal, modify or amend any franchise ordinance, easement,
covenant or other agreement granted or existing on the date of enactment
of this chapter.
B.
It is not
the intent that this chapter, as passed, nullify or otherwise repeal
any previous franchise entered into to legally by the City and the
utility company. It is the intent that this chapter require that any
future franchise negotiated by the City and a utility company meet
the minimum requirements set herein, or which shall be adopted, pursuant
to law relating to the use of buildings or premises. Nor is it intended
by this chapter to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, except where such
use is in direct violation of this chapter. Should a conflict arise
with another ordinance, law, rule or regulation, the stricter of the
two shall apply, unless provisions for exception to that law, rule
or regulation are provided for in the franchise agreement.
All utility companies are required to provide access on an as-needed
basis to all maps, plans or other documents, verified by an authorized
agent of the utility company. Such reports shall be utilized by municipal
staff in order to provide for proper utility planning and shall be
subject to any confidentiality requirements negotiated by each company
for security or proprietary reasons. Such reports will identify the
public rights-of-way which the utility company is utilizing under
the scope of the franchise agreement proposed or adopted, and may
be used in establishing the scope and amounts of right-of-way being
utilized by said company.
