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
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(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