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0713ORDINANCE NO. 713 AN ORDINANCE GRANTING A FRANCHISE TO MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF SOUTHLAKE; PROVIDING FOR ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Millennium Telcom, L.L.C. (hereinafter referred to as the "Telephone Company") will engage in the telecommunications business in the State of Texas and in furtherance thereof, will erect and maintain certain items of its physical plant in the City of Southlake, Texas (hereinafter referred to as the "City") pursuant to such rights as have been granted it by and under the laws of the State of Texas, and subject to the reasonable exercise of the powers granted by and under said laws of the City and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City establishing the conditions under which the Telephone Company shall maintain and construct its physical plant in the City in the future; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION1-PURPOSE Pursuant to the laws of the State of Texas. the City Charter and this Ordinance, the City grants the Telephone Company the non-exclusive right and privilege to use the public rights-of-way in the City for the operation of a telecommunications system subject to the restrictions set forth herein. The Telephone Company may use such rights-of-way for its telecommunications facilities. The Telephone Company may construct, install, and maintain facilities and transmission media in the public rights-of-way used in or incident to the provision of telecommunications service in the City, subject to the conditions prescribed in this Ordinance. The terms of this Ordinance shall apply throughout the City, and to all operations of the Telephone Company within the City, and shall include all operations and facilities used in whole or in part in the provision of telecommunications services in newly annexed areas upon the effective date of any annexation. SECTION 2 - ADDITIONAL AUTHORITY REQUIRED The Telephone Company is not authorized to provide cable television service as a cable operator in the City under this Ordinance, but must first obtain a franchise from the City for that purpose, under such terms and conditions as may be required by law. SECTION 3 - DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: (a) (b) (c) (d) (e) (g) Facilities: All Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated transmission media. Use: The Telephone Company's acquisition, construction, reconstruction, maintenance or operation of any facilities in, over, under, along, through or across the public rights-of-way, for any telecommunications purpose whatsoever. City: The City of Southlake, Texas Rights-of-way: All present and future streets, avenues, highways, alleys, bridges and public ways within the city limits of the City. Transmission media: All Telephone Company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other telecommunications purposes. Non-exclusive: No rights provided in this Ordinance by the City shall be exclusive, and the City reserves the right to grant franchises, licenses, easements or permissions to use the public rights-of-way within the City to any person or entity as the City, in its sole discretion, may determine to be in the public interest. Telephone Company: Millennium Telcom, L.LC. SECTION 4-TERM This Ordinance shall continue for a period of five (5) year(s) from its effective date; provided that at the expiration of the initial period, its term shall be automatically extended for successive periods of one (1) year; unless written notice of intent to terminate this agreement is given by either party not less than ninety (90) days prior to the expiration of the then current period. When such notice is given, this agreement shall terminate at the expiration of the then current period. SECTION 5 - GENERAL CONDITIONS OF USE (a) (b) Placement of Poles and Equipment. All poles placed shall be of sound material and reasonably straight, and shall be set so that they will not interfere with the flow of water in any gutter or drain and will not unduly interfere with ordinary travel on the streets or sidewalks. The location and route of all poles, stubs, guys, anchors, conduits, fiber and cables placed and constructed by the Telephone Company in the construction and maintenance of its telecommunications system in the City shall be subject to the lawful, reasonable and proper control and direction of the City. Requirement of Relocation. As authorized by Section 54.203(c),Texas Utilities Code, the City reserves the right to require the Telephone Company, at Telephone Company's expense, to relocate its facilities to permit the widening or straightening of streets by giving to the Telephone 2 (c) (d) (e) (f) (g) (h) Company thirty (30) days notice and specifying the new location for the facilities along the right-of-way of the street or streets. Underground Placement. Any work done in connection with the Telephone Company's use of the rights-of-way shall be subject to the police power and direction of the City. The Telephone Company may be required to place certain facilities underground according to reasonable requirements that may be adopted from time to time by the Southlake City Council; provided, however, Telephone Company shall be given due notice and shall be entitled to a hearing before the Southlake City Council prior to the adoption of any such requirements. Non-interference. All use of the rights-of-way by the Telephone Company shall interfere as little as reasonably practicable with the use of the rights-of-way by others. Space for City's Use in Existing Facilities. The Telephone Company shall permit the City of Southlake to use without charge, solely for its own non-commercial telecommunications purposes, the following described facilities: One duct in all of Telephone Company's ducted facilities within the city limits, with sufficient space for necessary joints. Aisc, Telephone Company shall provide adequate space on all non-ducted facilities on or within the rights-of-way for the City to attach transmission media for the City's own non-commercial use. Where insufficient facilities exist to accommodate the City, other existing facilities may be substituted therefore with the concurrence of the City. Space for City's Use in New Facilities. Whenever the Telephone Company extends its existing underground conduits, it shall provide one duct in each additional conduit for the City's own purposes, as provided above. The Telephone Company shall cooperate with the City at all times by providing timely, complete and continuous information regarding the location of all conduit, along with such maps, plats, construction documents and drawings as may exist or be created from time to time. Use Restrictions. The City shall not use any facilities which are provided for City's use by the Telephone Company for power transmission purposes, nor otherwise use any circuits so as to unreasonably interfere with telecommunications or facilities; provided, that Telephone Company shall not use high potential wires for power transmission in its facilities, nor otherwise so as to unreasonably interfere with the operation of City's communications or facilities. Telephone Company and City shall cooperate and coordinate their efforts to make the most efficient and economical use of facilities. To this end, the parties wilt make periodic assessments of their needs, including, but not limited to use and exchange of facilities to meet requirements. The City shall keep Telephone Company aware of its needs and shall notify Telephone Company in writing when it uses Telephone Company facilities. Non-commercial Use by City. City shall not sell, lease or otherwise make available its right to use Telephone Company's facilities to any third party for commercial purposes. Such rights are provided solely for the non-commercial exclusive use by the City. However, this restriction shall (i) (J) not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City so long as no resale or other commercial use of such facilities shall occur. Use of Facilities by Other Entities. The Telephone Company is not authorized to license or lease to any person or entity the right to occupy or use the City's rights-of-way for the conduct of any private business. The Telephone Company may be required to attach its transmission media to facilities owned and maintained by any person or entity franchised by the City or to permit the transmission media of any person or entity franchised by the City to be attached to the facilities owned and maintained by the Telephone Company upon reasonable, non-discriminatory terms. The Telephone Company may require any person or entity to furnish evidence of adequate insurance covering the Telephone Company and adequate bonds covering the performance of the person or entity attaching to the Telephone Company's facilities as a condition precedent to granting permission to attach transmission media to Telephone Company's facilities; provided Telephone Company's requirements for such insurance shall be reasonable, as determined by the City. Location of Transmission Media. Transmission media shall be so located on the facilities as to be safe and not to interfere unnecessarily with the use of the rights-of-way by others, including persons or entities authorized to use the facilities. The Telephone Company shall not be required to attach its transmission media to the facilities of any other person or entity or to permit the transmission media of any other person or entity to be attached to Telephone Company's facilities if it can be shown satisfactorily to the City that the Telephone Company will be subjected to increased risks of interruption of service or to increased liability for accidents, or if the facilities of the other person or entity are not of the character, design, and construction required by, or are not being maintained in accordance with industry standards or practice. SECTION 6 - CONSTRUCTION, MAINTENANCE AND EXCAVATION (a) (b) Removal of Dangerous Facilities. The City shall have the power at any time to order and require the Telephone Company to remove any of its facilities that are dangerous to life or property, and in case the Telephone Company, after reasonable notice to the Telephone Company's designated representative, fails or refuses to act, then the City, at the direction of the Director of Public Works, shall have the power to remove or abate the dangerous conditions at the expense of the Telephone Company, all without compensation or liability for damages to the Telephone Company. Excavation and Restoration. (i) Except in an emergency, the Telephone Company shall not excavate any right-of-way without first notifying the Director of Public Works, and, if approval is required it shall be given if the 4 (c) proposed excavation is in compliance with the requirements of federal, state, and City, laws, rules and regulations. Engineering plans for projects involving significant amounts of new buried cable and underground conduit systems to be placed in rights-of-way shall be submitted to the Director of Public Works for review and approval prior to construction. The Director of Public Works or the Director's designee shall be notified as soon as practicable regarding work performed under emergency conditions. (ii) Telephone Company shall promptly restore to as good condition as before the commencement of work as determined by the Director of Public Works, all rights-of-way damaged or excavated by the Telephone Company. If the City reasonably determines within one year from the date of the restoration, that the right-of-way requires additional restoration work to place it in as good a condition as before the commencement of the work, the Telephone Company shall perform the additional work to the reasonable satisfaction of the Director of Public Works. The Telephone Company shall not obstruct a right-of-way for a longer period than reasonably necessary to execute all work. Protection of the Public. When Telephone Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers, lights and signs, which shall be placed, erected, and maintained by Telephone Company. All construction and maintenance signs and barricades at work sites shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. SECTION 7 - WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT (a) (b) Other Right-of-Way Construction. The City reserves the right to lay, and permit to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including telecommunications and cable television lines, and to do and permit to be done any underground and overhead work that may be deemed necessary or proper by the City, in, across, along, over, or under any right-of-way or public place occupied by the Telephone Company, and to change any curb or sidewalk or the grade of any street. In performing or permitting such work to be done, the City shall not be liable to the Telephone Company for any damages related to the work, nor shall the City be liable to the Telephone Company for any damages not proximately caused by the City's sole negligence; provided nothing herein shall relieve any other person or corporation from liability for damage to facilities of the Telephone Company. Rights-of-Way Grants to Others. If the City authorizes abutting landowners to occupy space under the surface of any street, alley, 5 (c) (d) highway, or public place, the grant to an abutting landowner shall be subject to the rights of the Telephone Company granted in this ordinance. If the City plans to close or abandon any right-of-way which contains any existing Telephone Company facilities, City shall, if requested by Telephone Company, (1) reserve a continuing right for the Telephone Company's facilities, (2) give notice of the date the City of Southlake City Council is to consider the closure or abandonment, and (3) make any subsequent conveyance of land involved in the closure or abandonment subject to the specific right of continued occupancy by Telephone Company. Alterations or Changes to Rights-of-Way. Whenever it shall be necessary for the City to require Telephone Company to alter, change, adapt, or conform its facilities within the right-of-way, the alterations or changes shall be made promptly, with consideration given to the magnitude of the alterations or changes, without claim for reimbursement or damages against the City. If these requirements impose a financial hardship upon the Telephone Company, the Telephone Company shall have the right to present alternative proposals to the City, and the City shall give due consideration to any alternative proposals. It is understood, however, that the City shall not require Telephone Company to remove its facilities entirely from the right-of-way. If the City requires the Telephone Company to adapt or conform its facilities to enable any other entity or person, except the City, to use, or to use with greater convenience, rights- of-way or public property, Telephone Company shall not be required to make any changes until the other entity or person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse the Telephone Company for any loss and expense caused by or arising out of the change; provided, however, that the City shall never be liable for the reimbursement. Relocation of Facilities. For public improvement projects the City will notify the Telephone Company and give it a reasonable time, as determined by the Director of Public Works, when relocation of facilities is required. Prior to the beginning of construction by the City, if the Telephone Company has not relocated its affected facilities within the rights-of-way after being afforded a reasonable length of time to do so, giving consideration to the scope of the facility relocation, and when the delay is not caused by actions of the City, the following procedure will be followed. The City shall provide the Telephone Company with reasonable notice of failure to act and request relocation. !f the Telephone Company continues to delay, the City's Director of Public Works and the Telephone Company's designated representative will jointly review the relocation request in an expeditious manner to establish a mutually acceptable completion date for the relocation. If the Telephone Company continues to delay or does not meet the revised completion date, the City's Director of Public Works shall provide not less than five (5) days written notice to the Telephone Company's designated representative advising the Telephone Company of the City's intent to relocate the affected facilities. (e) If after expiration of the written notice required by the preceding sentence, the Telephone Company continues to delay, the City shall have the dght to relocate the affected facilities, and the Telephone Company shall reimburse the City for all costs of the relocation. The City shall not be liable to the Telephone Company for any damage to the facilities unless proximately caused by the City's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. The relocation by the City will be performed only when the Director of Public Works determines that it is necessary to prevent disruption of a City project. The relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with the Telephone Company prior to the necessary relocations and will not attempt to relocate the facilities until the City has exhausted the foregoing procedures. The Telephone Company shall ultimately be responsible for the final permanent relocation of the Telephone Company's facilities. Designation of Representative and Notices. Upon the acceptance of this ordinance, the Telephone Company shall notify the City's Director of Public Works of the name, telephone number, and address of the Telephone Company's designated representative for the purpose of receiving notices under this ordinance. The Telephone Company may change the designated representative by giving notice to the City's Director of Public Works. All notices under this ordinance shall be given in writing and sent United States certified mail, return receipt requested. Notice to the City must be sent to: Director of Public Works 1725 Southiake BIvd· Southlake, Texas 76092 Notice to the Telephone Company must be sent to: Tom Johnson President Millennium Telcom, L.L.C. P.O. Box 1450 Denison, Texas 75020 SECTION 8 - TEMPORARY REARRANGEMENT OF AERIAL WIRES Upon request, the Telephone Company shall remove, raise, or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the party or parties requesting them, and the Telephone Company may require payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary rearrangements. 7 SECTION 9 - TREE TRIMMING The right, license, privilege and permission is hereby granted to the Telephone Company, its contractors and agents, to trim trees upon and overhanging the streets, avenues, highways, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the aerial wires, fiber or cables of the Telephone Company, and when so directed by the City, trimming shall be done under the supervision and direction of the City or of any City official to whom these duties have been or may be delegated. SECTION 10 - INDEMNITY The Telephone Company shall indemnify and hold the City harmless from all costs, expenses (including attorney's fees) and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the Telephone Company's facilities located within the public rights-of-way found to be caused by the negligence of the Telephone Company. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the Telephone Company and the City. SECTION 11 -ADMINISTRATION OF ORDINANCE (a) (b) (c) The City may, at any time, make inquiries pertaining to this Ordinance, and the Telephone Company shall respond to such inquiries on a timely basis. Copies of petitions, applications, communications and reports submitted by the Telephone Company to the Federal Communications Commission or the Public Utility Commission of Texas shall be provided to the City upon request. The City may establish, after reasonable notice, such rules and regulations as may be appropriate for the administration of this Ordinance and the construction of the Telephone Company's facilities on City property to the extent permitted by law. SECTION 12 - COMPENSATION TO THE CITY (a) As compensation for the use, occupancy, oversight, supervision and regulation of the City's rights-of-way and for any other consideration provided by the City under this agreement, and in lieu of and in full compensation for any lawful tax or license or charge or right-of-way permit fee or inspection fee, whether charged to the Telephone Company or its contractor(s), or any right-of-way easement or street or alley rental or franchise tax or other character of charge for use and occupancy of the rights-of-way within the City, except the usual general ad valorem taxes, special assessments in accordance with State law or sales taxes now or hereafter levied by the City in accordance with State law, the City hereby 8 imposes a charge upon the gross receipts (as hereinafter defined) of the Telephone Company. The Telephone Company shall pay the City an annual amount equal to five percent (5%) of its gross receipts. The Telephone Company will, according to tariff, bill such charge to the customers who pay the customer service charges included within the term "gross receipts," as defined herein Gross receipts, for the purposes of this charge, shall include only customer service charges which meet all three of the following conditions: (1) (2) (3) the charges are for Telephone Company service provided within the City; the charges are billed through the Telephone Company's customer billing system; and the charges are the recurring charges for the local exchange access rate element specified in the Telephone Company's tariffs filed with the PUC. The Telephone Company shall adjust its billings to customers to account for any undercollection or overcollection of the charge due the City. (b) (c) The charge for each year shall be paid in four (4) equal payments. The first payment under this Ordinance shall be due on the last day of the fifth month following the effective date hereof, with subsequent payments due on the last day of each third successive month thereafter during the term of this Ordinance. In the event of any over or undercollection from customers at the expiration of this Ordinance, the Telephone Company may make a pro rata one-time credit or charge to the customer billing for affected customers who are billed for a service included within gross receipts, as defined in paragraph 12 (a). This will be accomplished within 150 days following the date of expiration of this Ordinance. If however, it is impractical to credit any overcollection to customers, then such overcollection shall be paid to the City. Such payments shall not relieve the Telephone Company from paying all applicable municipally-owned utility service charges. Should the City not have the legal power to agree that the payment of the foregoing charge shall be in lieu of the taxes, licenses, charges, rights-of-way permit or inspection fees, rentals, rights-of-way easements or franchise taxes, then the City agrees that it will apply so much of such payments as may be necessary to the satisfaction of the Telephone Company's obligation, if any, to pay any such taxes, licenses, charges, rights-of-way permit or inspection fees, rentals, rights-of-way easements or franchise taxes. SECTION 13 - ASSIGNMENT OF ORDINANCE This Ordinance and any rights or privileges hereunder shall not be assignable to any other entity without the express consent of the Southlake City Council. The consent shall be evidenced by an Ordinance which shall fully recite the terms and conditions, if any, upon which the consent is given. SECTION 14- FUTURE CONTINGENCY (a) Notwithstanding anything contained in this Ordinance to the contrary, in the event that (1) this Ordinance or any part hereof, (2) any tariff provision by which the Telephone Company seeks to collect the charge imposed by this Ordinance, or (3) any procedure provided in this Ordinance, or (4) any compensation due the City under this Ordinance, becomes, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the Telephone Company and City shall meet and negotiate a new Ordinance that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the new Ordinance shall provide the City with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the Telephone Company in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. SECTION 15 - GOVERNING LAW (a) (b) (c) This Ordinance shall be construed in accordance with the City charter and City Code(s) in effect on the date of passage of this Ordinance to the extent that such Charter and Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. This Ordinance shall be construed and deemed to have been drafted by the combined efforts of the City and the Telephone Company. All obligations are performable and all payments are due in Tarrant County, Texas. SECTION 16 - PUBLICATION The City Secretary is directed to publish this proposed ordinance or its caption together with a notice setting out the time and place for a public hearing at least 10 days before the second reading of this ordinance as required by Section 3.13 of the Charter of the City of Southlake. SECTION 17- ACCEPTANCE AND EFFECTIVE DATE The City Secretary shall deliver a properly certified copy of this franchise ordinance to the Telephone Company within three working days of its final passage. Telephone Company shall have 30 days to file its written acceptance. This ordinance shall become effective upon delivery of the executed acceptance to the City Secretary. 10 PASSE~ /~ND APPROVED ON , 1998. ATTEST: Secretary FIRST READING THIS //~ DAY OF City of Southlake, Texas ON SECOND READING THIS 1998. DAY OF ~ o.,. ............ ~ -~ ,," .,,~. ~ ATTEST: City Secretary APPROVED AS TO FORM: May~/ City of Southlake, Texas City Attorney M:\WD-FILES\ORDINANC\713 - Millennium Franchise.dodkb 11 ACCEPTANCE WHEREAS, on the ~ day of ~ City of Southlake, Texas adopted on final entitled: , 1998, the City Council of the consideration, an Ordinance No. 713, AN ORDINANCE GRANTING A FRANCHISE TO MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF SOUTHLAKE; PROVIDING FOR ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, Millennium Telcom, L.L.C., accepts and agrees to the provisions of Ordinance No. 713, which constitutes a binding contractual obligation of Millennium Telcom, L.L.C., and Telephone Company files this its written acceptance with the City Secretary of the City of Southlake, Texas. Dated this 9th day of October , 1998. MILLENNIUM TELCOM, L.L.C. Tom L. Jo~n~ (name pd President Texas,ACceptancethis ~ed indaytheofOff~e~/~l.~?~.~o[ the City Secretary, 1998. of the City of Southlake, City Secretary 12 FED I.D. NO. 223148254Star-Telegram AD ORDER NO. 13871835 400 W.SEVENTH STREET•FORT WORTH.TEXAS 76102 ACCOUNT NO. C I T 5 7 —, 'E STATE OF TEXAS ' Jnty of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE }I AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 10/09ME1138718351ORDINANCE NO . 71 I358 1x 22L 22 . 81 17 . 82 ORDINANCE NO.713 10/09-10/09 AN MILLENNIUMGRANTINGFRANCHISE TO TELCOM. L.L.C. TO CON- STRUCT INSTALL OPER- ATE,AND MAINTAIN A TELE- COMMUNICATIONS SYSTEM IN THE CITY OF SOUTH- LAKE; PROVIDING FOR AC- AN EFFECTI ENDAPTE ROVIDING PASSED AND APPROVED ON THE 6th DAY OF OCTOBER, 1998, DURING THE REGU- LAR CITY COUNCIL MEET- ING. MAYOR RICK STACY ATTEST:SANDRA L. LEGRAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY - SIGN S ``1 � SUBSCRIBED AND SWORN TO BEFORE ME, THIS THE 12th DAY OF , i_ ,T__ ...,_ OCTOBER 1998 *Pare,,o " "r RHONDA R. GOKE Notary Public OP! :• COMMISSION EXPIRES 0 'c1 +7 SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS a PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! L----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A —__ __ Star-'I'elegralTl REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 13871835 ACCOUNT NUMBER CIT57 AMOUNT DUE 17 . 82 PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)3 0-7885 \\\ .:.: to 23 : f CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 17 . 82 PLEASE WRITE IN AMOUNT ENCLOSED FED. I D NO. 22 3148254 Star-Telegram AD ORDER NO. 13737420 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 Th E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in_amnd for said County and State, this day amie ryant appeared Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 9/18ME 13737420 NOTICE OF PUBLIC I358 Ix 61L 61 . 81 49 . 41 NOTICE OF PUBLIC 0 9/18-0 9/18 HEARING Notice is hereby given to all in- terested persons that the City Council of the City of Southlake, will be holding a public hearing during the Regular City Council meeting to be held on October 6, 1998 at 60 p.m., in the -- City Counc:0il Chambers of City Halt, 667 North Carroll Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance. ORDINANCE NO.713 AN ORDINANCE GRANTING A FRANCHISE TO MILLENNIUM TELCOM, L.L.C. TO CON- - - STRUCT. INSTALL, OPER- CO? MUNIND CA TI ONS SYSNTAIN A TEM IN THE CITY OF SOUTH- ' 4KE; PROVIDING FOR AC- EPTANCE AND PROVIDING SI EFFECTIVE DATE. IEREAS, Millennium Tel- 21 st SEPTEMBER 1998 com, L.L.C. (hereinafter re- C ferre d to as the 'Telephone MEETING. SWORN TO BEFORE ME, THIS THE DAY OF AMAYOR RICK STACY TTEST: iSANDRA L. LEG- ` //�1 //�� RAND,CI�I rr SECRETARY _���P�� / ( I` BRAND,CI AS TO FORM' E '��"" , RHONDA R. GOKE Notary Public K hhJJ ALLEN TAYLOR JR.,CITY A o `Q� SI TORNEY �� COMMISSION EXPIRES rr /\�'�j.� TARRANT COUNTY.TEXAS �.. ;i - SEPTEMBER 8, 1999 PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! A.--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A Star-"I'elegrai REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 13737420 ACCOUNT C I T 5 7 AMOUNT 49 . 41 NUMBER DUE PAGE1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 49 . 41 PLEASE WRITE IN AMOUNT ENCLOSED