ORDINANCE NO. 794  


§ 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 GTE SOUTHWEST INCORPORATED, A DELAWARE CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN NEW MEXICO, 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 RENDITION OF TELEPHONE AND OTHER COMMUNICATIONS SERVICE AND FOR CONDUCTING A GENERAL LOCAL AND LONGDISTANCE TELEPHONE BUSINESS IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY. THIS ORDINANCE REPEALS ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE.

WHEREAS, GTE Southwest Incorporated 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, telephone and other communication services; 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: