ORDINANCE NO. 862  


§ 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. COOPERATIVE MEMBERSHIP.
§ X. ASSIGNMENT.
§ XI. SUCCESSORS AND ASSIGNS.
§ XII. TERM.
§ XIII. PUBLICATION COSTS.
§ XIV. SEPARABILITY.
§ XV. ACCEPTANCE AND EFFECTIVE DATE.

AN ORDINANCE OF THE CITY OF HOBBS, NEW MEXICO, GRANTING TO LEACO RURAL TELEPHONE COOPERATIVE, INC. ("LEACO"), A NEW MEXICO NONPROFIT COOPERATIVE ASSOCIATION, 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 LONG DISTANCE TELEPHONE BUSINESS IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY

WHEREAS, Leaco is now and has been engaged in the business of supplying and furnishing to portions of Lea County, Eddy County, and Chaves County, New Mexico, and their inhabitants, and to any other person or persons, firms, or corporations, located without the City, telephone and other communication services; and

WHEREAS, the City of Hobbs has not 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 areas of the City to operate Leaco's facilities, and wishes to grant a 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: