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 Hobbs
 Code of Ordinances
 FRANCHISE ORDINANCES

  RESOLUTION NO. 3631  

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  • A RESOLUTION APPROVING THE TRANSFER OF THE
    TELEPHONE AND OTHER COMMUNICATIONS FRANCHISE

    WHEREAS, GTE Southwest Incorporated ("GTE") is duly authorized to operate and maintain a telephone and other communications system (the "System") in the City of Hobbs, New Mexico ("Franchise Authority") pursuant to Ordinance No. 794 adopted on July 2, 1990, and effective on July 13, 1990, (the "Franchise"); and

    WHEREAS, Valor Telecommunications of New Mexico, LLC ("Valor") has purchased the assets of GTE's systems in the City of Hobbs, New Mexico, and agrees to fulfill the obligations of GTE under the Franchise; and

    WHEREAS, GTE has agreed to transfer the assets of the System, including all its right, title and interest in the Franchise, to Valor subject to, among other conditions, any required approval of the Franchise Authority with respect thereto; and

    WHEREAS, the parties have requested consent by the Franchise Authority to the transfer of the System and the Franchise to Valor, to the extent that such consent is required under the Franchise, in accordance with the requirements of the Franchise;

    NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

    Section 1. The Franchise Authority hereby consents to and approves the transfer of the System and the Franchise to Valor to the extent that such consent is required by the terms of the Franchise and applicable law, and the assumption by Valor of the obligations of GTE under the Franchise, subject to applicable law.

    Section 2. Valor may transfer the Franchise, System or assets or control relating thereto, to any entity controlling, controlled by or under common control of Valor.

    Section 3. The Franchise Authority hereby consents to and approves the assignment, mortgage, pledge or other encumbrance, if any, of the Franchise, System or assets relating thereto, or of the interests in the permitted holder thereof, as collateral for a loan.

    Section 4. This Resolution shall be deemed effective upon the closings of the transactions described above. Effective as of the date hereof, this Resolution shall have the force of a continuing agreement with Valor and shall not be amended or otherwise altered without the consent of Valor.

    PASSED, ADOPTED AND APPROVED this 18th day of December, 2000.

    /s/___________
    JIMMY E. WOODFIN, Mayor
    /s/___________
    JAN FLETCHER, City Clerk

     

    CITY OF HOBBS