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ACCEPTANCE
WHEREAS, the City Commission of the City of Eunice, New Mexico, did on the 28th day of October, 2003, enact an ordinance entitled:
ORDINANCE NO. 367
AN ORDINANCE OF THE CITY OF EUNICE, NEW MEXICO, GRANTING TO LEACO RURAL TELEPHONE
COOPERATIVE, INC. ("LEACO"), A NEW MEXICO NON-PROFIT 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 THROUGH SEPTEMBER, 2014, OR UNTIL SUCH TIME AS ANOTHER FRANCHISE BY AND
BETWEEN THE PARTIES HERETO HAS BEEN GRANTED AND ACCEPTED, WHICHEVER OCCURS FIRST,
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.
and
WHEREAS, said ordinance was, on the 28th day of October, 2003, 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, Leaco Rural Telephone Cooperative, Inc., hereby accepts said ordinance
and files this, its written compliance, with the City Clerk of the City of Eunice,
New Mexico, in her office.
DATED this 5th day of November, 2003.
FRANCHISE
ORDINANCE NO. 367
AN ORDINANCE OF THE CITY OF EUNICE, NEW MEXICO, GRANTING TO LEACO RURAL TELEPHONE
COOPERATIVE, INC. ("LEACO"), A NEW MEXICO NON-PROFIT 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 THROUGH SEPTEMBER, 2014, OR UNTIL SUCH TIME AS ANOTHER FRANCHISE BY AND
BETWEEN THE PARTIES HERETO HAS BEEN GRANTED AND ACCEPTED, WHICHEVER OCCURS FIRST,
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 Eunice 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 EUNICE, NEW MEXICO,
that:
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