ORDINANCE NO. 782  


§ I. DEFINITIONS.
§ II. GRANT OF AUTHORITY.
§ III. GRANT NON-EXCLUSIVE.
§ IV. CONDITIONS OF RIGHT-OF-WAY OCCUPANCY.
§ V. CASH CONSIDERATION.
§ VI. ANNEXATIONS.
§ VII. STANDARDS OF SERVICE.
§ VIII. TERMINATION.
§ IX. ASSIGNMENT.
§ X. SUCCESSORS AND ASSIGNS.
§ XI. TERM.
§ XII. PUBLICATION COSTS.
§ XIII. SEPARABILITY.
§ XIV. REPEALER.
§ XV. ACCEPTANCE AND EFFECTIVE DATE.

AN ORDINANCE OF THE CITY OF HOBBS, NEW MEXICO, GRANTING TO SOUTHWESTERN PUBLIC SERVICE COMPANY, A NEW MEXICO CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE LICENSE, RIGHT-OF-WAY AND PRIVILEGE TO ENTER UPON AND USE THE STREETS, AVENUES, BOULEVARDS, ALLEYS, HIGHWAYS, SIDEWALKS, BRIDGES AND OTHER PUBLIC GROUNDS OF THE CITY (COLLECTIVELY CALLED "PUBLIC AREAS") WITHIN THE CITY LIMITS OF THE CITY AS THEY NOW EXIST OR AS THEY MAY BE CHANGED FROM TIME TO TIME, FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO ERECT, CONSTRUCT, EQUIP, EXTEND, ALTER, MAINTAIN, REPAIR, REPLACE, REMOVE AND OPERATE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG PUBLIC AREAS, ALL WORKS, SYSTEMS, PLANTS, POLES, POLE LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANSFORMERS AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTALITIES, FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY AND (ii) SUPPLY AND FURNISH TO THE CITY AND ITS INHABITANTS AND TO ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS, WHETHER LOCATED WITHIN OR WITHOUT THE CITY, ELECTRIC ENERGY FOR LIGHT, POWER, COOLING, HEATING OR FOR EITHER OR ALL OF THESE PURPOSES OR FOR ANY OTHER PURPOSE OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED. THIS ORDINANCE REPEALS ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE.

WHEREAS, Southwestern Public Service Company is now and has been engaged in the business of supplying and furnishing to the City of Hobbs, New Mexico, and its inhabitants and to any other persons or persons, firms or corporations, whether located within or without the City, electric energy for light, power, cooling, heating or for either or all of these purposes or for any other purpose or purposes for which electricity may be used; and

WHEREAS, the City of Hobbs has previously granted to said Company a franchise granting the privilege to enter upon and use the streets, avenues, boulevards, alleys, highway, sidewalks, bridges and other public grounds of the City to operate said facilities and wishes to grant another franchise governing future operations of said Company in the City.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOBBS, NEW MEXICO, that: