(A) The city hereby grants to Brooks Fiber Communications of New Mexico, Inc., a New Mexico corporation, subject to the terms, conditions, and limitations contained in this ordinance, permission to rent, use and occupy rights-of-way and public places and a nonexclusive franchise, to provide telecommunication service, and right and privilege to erect, construct, maintain and operate a telecommunication system within the corporate limits of the city as the same now exist or may be extended in the future; and a nonexclusive franchise, right and privilege to erect, construct, maintain and operate poles, wires, fixtures, equipment, underground circuits and conduits and other property necessary or convenient for the transmission and distribution of telecommunication service to the city and its inhabitants and to other customers and territory beyond the limits of the city; and to transmit, distribute and sell telecommunication service, upon, over, along, under and across the streets, alleys, roads and other public ways and places, including, but not limited to private property on which a preliminary subdivision plat has been approved by the city for the provision of public utilities within the corporate limits of the city as the same now exist or may be extended in the future.
(B) All facilities of the company used in connection with the transmission and distribution of telecommunication service and presently located within the corporate limits of the city, or hereafter located within the corporate limits of the city, shall be deemed to be covered by the terms of this ordinance.
(Ord. 45-1995)