A. 
The administrative official for this chapter shall be the City Manager, his designee or assignee and may include members of the Business and Economic Development Committee.
B. 
The administrative official shall have the responsibility and duties of oversight for this chapter.
It shall be unlawful for a utility company to operate, install, place or otherwise utilize municipal rights-of-way without a franchise in place in accordance with the provisions of this chapter.
A. 
Schedule of fees, charges and expenses. The franchise agreement negotiated with each utility company shall have within its scope the provision for a franchise fee. That fee shall be determined on an individual basis and shall serve as the authority to conduct business within the City of Española. Such fee shall not preclude the utility from obtaining a business license with the City of Española, or any other permits which may be required to operate within municipal rights-of-way.
B. 
No action until fees paid. No permit, certificate or franchise shall be issued or granted unless and until such costs, charges, fees or expenses have been paid in full, or provisions for same have been established and approved via written agreement by the City Council; nor shall any action be taken on proposed amendments or on applicable changes unless and until such costs, charges, fees or expenses have been paid in full.
A. 
From and after the passage of this chapter, the violation of any section of this chapter, as amended or recodified, shall constitute a misdemeanor and upon conviction of such violation shall be punishable by a fine of not more than $500.
B. 
Each day that a violation is permitted to exist shall constitute a separate and distinct offense, provided that any one or more of such offenses may be set out in any complaint or information filed pursuant to the provisions herein, provided further that separate and distinct proof of each day's offense shall be required.
C. 
The provisions of this chapter shall apply to, cover and affect any person, firm, corporation or group of persons, acting together or in concert. Those who violate or refuse to comply with any of the provisions, sections, rules or regulations of the above-mentioned codes and sections, and any and all sections within said codes prescribing penalties not in accord herewith are repealed insofar, but only insofar, as said sections prescribe penalties different from those herein set forth.