ORDINANCE NO. 942  


§ I. DEFINITIONS.
§ II. GRANT OF AUTHORITY.
§ III. GRANT NON-EXCLUSIVE.
§ IV. FAVORED NATIONS.
§ V. CONDITIONS OF RIGHT-OF-WAY OCCUPANCY.
§ VI. CASH CONSIDERATION.
§ VII. INSURANCE REQUIREMENT AND INDEMNIFICATION.
§ VIII. ANNEXATIONS.
§ IX. STANDARDS OF SERVICE.
§ X. CUSTOMER COMPLAINTS.
§ XI. EDUCATIONAL AND GOVERNMENTAL ("EG") ACCESS CHANNELS.
§ XII. CABLE SYSTEM UPGRADES AND IMPROVEMENTS.
§ XIII. TERMINATION.
§ XIV. ASSIGNMENT.
§ XV. SUCCESSORS AND ASSIGNS.
§ XVI. TERM.
§ XVII. FRANCHISE AS CONTRACT.
§ XVIII. MISCELLANEOUS PROVISIONS.
§ XVIX. PUBLICATION COSTS.
§ XX. REPEALER.
§ XXI. ACCEPTANCE AND EFFECTIVE DATE

AN ORDINANCE OF THE CITY OF HOBBS, NEW MEXICO, GRANTING TO US CABLE OF COSTAL TEXAS, L.P., 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 "PUBLIC WAY") 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 FIFTEEN (15) YEARS, TO (1) 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 AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTALITIES, FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF ONE-WAY TRANSMISSION TO SUBSCRIBERS OF VIDEO PROGRAMMING INTO, IN, WITHIN, FROM, ACROSS AND THROUGH THE CITY; AND (2) 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, ONE-WAY TRANSMISSION OF VIDEO PROGRAMMING FOR ANY OTHER PURPOSE OR PURPOSES FOR WHICH ONE-WAY TRANSMISSION TO SUBSCRIBERS OF VIDEO PROGRAMMING MAY BE USED. THIS ORDINANCE REPEALS ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE.

WHEREAS, US Cable of Costal-Texas, L.P., 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, one-way transmission of video programming or for any other purpose or purposes for which one-way transmission to subscribers of video programming or other programming service 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, highways, 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: