§ XXI. ACCEPTANCE AND EFFECTIVE DATE


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  • The Company shall have sixty (60) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the City Clerk, and upon such acceptance being filed, the ordinance shall take effect and be in force from and after the date of its passage and approval by the Mayor, and shall effectuate and make binding the agreement provided by the terms hereof.

    APPROVED, PASSED AND ADOPTED this _____ day of ________, 2005, to become effective January 1, 2006, by the following vote:

    AYES: _____

    ;NOES: _____

    ABSENT: _____

          ___________ 

          MONTY D. NEWMAN, MAYOR 

    ATTEST:

    ___________
    JAN FLETCHER, CITY CLERK

    ACCEPTANCE

    WHEREAS, the City Commission of the City Hobbs, New Mexico, did on the _____ day of ________, 2005, enact an Ordinance entitled:

    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 INHABITANT 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.

    and

    WHEREAS, said Ordinance was on the _____ day of ________, 2005, duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Clerk.

    NOW, THEREFORE, in compliance with the terms of said Ordinance as enacted, approved, and attested, US Cable of Costal-Texas, L.P., hereby accepts said Ordinance and files this, its written acceptance, with the City Clerk of the City of Hobbs, New Mexico, in her office.

    DATED this 20th day of December, 2005, subject to applicable federal, state, and local law.

    ATTEST:       US CABLE OF COASTAL-TEXAS, L.P.

    ___________ BY: ___________

    ___________       ___________

    (Title)       (Title)         

    Acceptance filed in the office of the City Clerk of Hobbs, New Mexico, _____ day of ________, A.D.________.

    ___________

    CITY CLERK

    CITY OF HOBBS