Ord. 0858 08-24-98ORDINANCE NO. 858
AN ORDINANCE OFCITY COUNCIL
F THE
CITY
OFAND PEARLAND, TEXAS,GOVERNING USE
OCCUPANCY OF THE CITY' S RIGHTS -OF -WAY FORTE THE
PROVISION OF TELECOMMUNICATIONS
INCLUDING THE ESTABLISHMENT OF COMPENSATION
FOR THAT USE AND OCCUPANCY; AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE
SER EXECUTE
TE
AGREEMENTS WITH TELECOMMUNICATIONS
PROVIDERS AS NECESSARY; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
TION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,-TEXAS:
SECTION 1.0 - PURPOSE
The purpose of this Ordinance is to:
(a) Assist the City in the management of the Rights -of -Way;
(b) Govern the use and occupancy of the Rights -of -Way by Telecommunications
Service Providers;
(c) Secure fair and reasonable compensation for the use and occupancy of the
Rights -of -Way by Telecommunications Service Providers in a non-discriminatory and
competitively neutral manner; and
(d) Assist the City in its efforts to protect the public health, safety and welfare.
SECTION 2.0 - DEFINITIONS
Whenever used in this Ordinance, the following terms, as well as their singulars, plurals
and possessives, shall have the following definitions and meanings, unless the context of the
sentence in which they are used indicates otherwise: extended to
2.01 Access Line: (1) the Transmission Media within the Rights -of -Way
the end -user customer's premises network interface within the City that allows delivery of
Page 1
Telecommunications Service within the City; and (2) each termination point of a non -switched
telephone circuit consisting of Transmission Media connecting specific locations identified by,
and provided to, the end user for the delivery of non -switched Telecommunications Service
within the City. Interoffice -transport and other Transmission Media that do not terminate at an
end -user customer's network interface device are not Access Lines that would be separately
identified and counted for the purposes of assessing the monthly Line Fee.
2.02 Cable Service: "cable service" as defined in the "Cable Communications Policy
Act of 1984", as amended, 47 U.S.C. § 532 et seq.
2.03 City: The City of «city», Texas.
2.04 Direction of the Ci i all ordinances, laws, rules, resolutions, and regulations of
the City that are not inconsistent with this Ordinance and that are now in force or may hereafter
be passed and adopted.
2.05 Facilities: any and all of the duct spaces, manholes, poles, conduits, underground
and overhead passageways, and other equipment, structures, plant, and appurtenances and all
associated Transmission Media used for the provision of Telecommunications Service.
2.06 Line Fee: a monthly fee to be applied to each Access Line for the calculation of
the total amount to be paid to the City as a Rights -Of -Way Fee.
2.07 Permit any Telecommunications Service Provider issued a Permit
pursuant to the terms of this Ordinance.
2.08 Person: a natural person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint stock company or association,
and other such entity.
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2.09 Public Utility: a Public Utility as that term is used in the Public Utility
Regulatory Act of 1995, Tex. Utilities Code Ann. § 11.004, including municipally owned and/or
operated utilities.
2.10 Rights -Of -Way: all present and future public streets, avenues, highways, alleys,
sidewalks, boulevards, drives, tunnels, easements, bridges, and other such similar passageways,
thoroughfares, and public ways within the City.
2.11 Rights -Of -Way Fee: the total amount paid to the City on a quarterly basis for the
Use and Occupancy of the Rights -Of -Way.
2.12 Telecommunications Service: the transmittal of voice, data, image, graphics and
other communications between or among points by wire, fiber optics, or other similar facilities, as
well as the rental, lease, or furnishing of the facilities to accomplish such transmittal, but does not
include transmissions for long distance purposes (interLATA and intraLATA) or any "wireless
service" as defined by law.
2.13 Telecommunications Service Provider: any Person that supplies
Telecommunications Service to others within the corporate limits of the City in exchange for
money or other value.
2.14 Telecommunications Utility: "telecommunications utility" as used in the Public
Utility Regulatory Act of 1995, Tex. Utilities Code Ann. § 51.002(11).
2.15 Transmission Media: any and all of the cables, fibers, wires or other physical
devices owned, maintained or placed by a Permit Holder to transmit and/or receive
communication signals, whether analog, digital or of other characteristics, and whether for voice,
data or other purposes.
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2.16 Use and Occupancy: the Permit Holder's acquisition, installation, construction,
reconstruction, maintenance, repair, control, or operation of any Facilities within the
Rights -Of -Way for any purpose whatsoever.
SECTION 3.0 - REQUIREMENT FOR PERMIT AND GRANTING CLAUSE
Any Person that owns, places, or maintains Facilities within the Rights -Of -Way shall first
obtain a permit pursuant to the terms of this Ordinance. Subject to the restrictions set forth
herein, the City under this Ordinance shall issue permits to Telecommunications Service
Providers for the purpose of regulating the Use and Occupancy of the public Rights -of -Way in
the City for the provision of Access Lines. By acceptance of the permit, the Permit Holder
agrees to abide by the terms of this Ordinance in all its operations within the City, including all
operations and facilities and Transmission Media used in whole or in part in the provision of
Access Lines in any newly annexed areas as specified in Subsection 5.03 of this Ordinance.
SECTION 4.0 - GENERAL TERMS OF THE ORDINANCE
4.01 No rights agreed to 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
Rights -Of -Way within the City to any Person as the City, in its sole discretion, may determine to
be in the public interest.
4.02 A Permit Holder is not authorized to provide Cable 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.
Page 4
4.03 The initial term of each Permit issued under this Ordinance shall be three (3) years
from the date of issuance, unless terminated earlier by mutual written agreement of the City and
the Permit Holder or pursuant to law. At the expiration of the initial permit period, the permit
shall be automatically extended for successive periods of one (1) year, unless written notice of
intent to terminate the permit is given not less than ninety (90) days prior to the termination of
the then current period by the City to Permit Holder. When such notice is given, the Permit shall
terminate at the expiration of the then current period.
4.04 The rights granted by this Ordinance inure to the benefit of the Permit Holder
licensed hereunder. The Ordinance rights granted by permit shall not be assigned, transferred, or
sold to another by the Permit Holder without the express written consent of the City. For the
purposes of this Section, assignment, transfer or sale means a change of operating control of the
Permit Holder, expressly excepting an assignment or transfer to entities that control, are
controlled by or are under common control with Permit Holder. Any such consent by the City
shall not be withheld unreasonably.
SECTION 5.0 - COMPENSATION
5.01 Rights -of -Way Fee: the Permit Holder shall pay to the City a Rights -of -Way Fee
that is calculated as of month -end by applying the appropriate Line Fee to each Access Line
owned, placed, or maintained by Permit Holder that is activated for use by an end -user or for
another Telecommunications Service Provider that uses Permit Holder's services or Facilities for
the provision of Telecommunications Service within the City. The Line Fee to be applied to
each Access Line on a monthly basis shall be:
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Access Line Monthly Fee per Access Line
Residential $1.00
Non -Residential $2.00
5.02 Number of Access Lines: subject to City's agreement not to disclose this
information, each Permit Holder must provide annually, within a reasonable time after receipt of
the City's written request, a report showing the number of each type of Access Line owned or
placed and maintained by Permit Holder within the City that are activated for end -user customers
and other Telecommunications Service Providers at month's end for each of the preceding twelve
(12) months. The City agrees that the report shall be used solely for the purpose of verifying the
number of the Permit Holder's Access Lines within the City that are activated for end -user
customers and Telecommunications Service Providers. Upon written request, the Permit Holder
shall verify the information in the report and, upon reasonable advance notice, produce to the
City and permit inspection by the City of all non -customer -specific records and documents
reasonably calculated to verify the information. For purposes of payment of fees for use of the
Rights -Of -Way, lines terminating at customer's premises that are billed as "Lifeline," "Tel -
Assistance," or other service that is required to be similarly discounted pursuant to state or
federal law or regulation for the purpose of advancing universal service to the economically
disadvantaged shall not be included in the lines upon which the fee is calculated.
5.03 Annexation and Disannexation: within thirty (30) days following the date of the
passage of any action effecting the annexation of any property to or the disannexation of any
property from the City's corporate boundaries, the City agrees to furnish Permit Holder written
notice of the action and an accurate map of the City's corporate boundaries showing, if available,
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street names and number details. For the purpose of compensating the City under this
Ordinance, a Permit Holder shall start including or excluding Access Lines within the affected
area in the Permit Holder's count of Access Lines on the effective date designated by the
Comptroller of Public Accounts - Texas for the imposition of State local sales and use taxes; but
in no case less than thirty (30) days from the date the Permit Holder is notified by the City of the
annexation or disannexation.
5.04 Confidential Records: if the Permit Holder notifies the City of the confidential
nature of any information, reports, documents, or writings, the City agrees to maintain the
confidentiality of the information, reports, documents, and writings to the extent permitted by
law. Upon receipt by the City of requests for the Permit Holder's confidential information,
reports, documents, or writings, the City shall notify the Permit Holder of the request in writing
by facsimile transmission. The City shall request an Attorney General's Opinion before
disclosing any confidential information, reports, documents or writings and will furnish the
Permit Holder with copies of Attorney General opinion requests it makes pertaining to the Permit
Holder's confidential information, reports, documents or writings.
5.05 No Other Fees: the payments due hereunder shall be in lieu of any permit,
license, approval, inspection, or other similar fees or charges, including, but not limited to, all
general business license fees customarily assessed by the City for the use of the Rights -Of -Way
against Persons operating businesses similar to that of the Permit Holder. Further, such Rights -
Of -Way Fee shall constitute full compensation to the City for all of Permit Holder's facilities
located within the Rights -Of -Way, including interoffice -transport and other Transmission Media
that do not terminate at an end -user customer's network interface device, even though those types
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of lines are not used in the calculation of the Rights-bf-Way Fee.
5.06 Timing of Payment: Permit Holder shall remit the Line Fee on a quarterly basis.
The payment shall be due on the forty-fifth (45`) day following the close of each calendar
quarter for which the payment is calculated.
5.07 Uncollectibles: City and Permit Holder understand and agree that Permit Holder
has a statutory right to pass through to its customers on a pro rata basis any compensation paid to
the City for access to the Rights -Of -Way. Any other provision of this Ordinance
notwithstanding, Permit Holder shall not be obligated to pay the City for any Access -Lines for
which revenues remain uncollectible.
5.08 Facilities Provided to Other Telecommunications Service Providers: to the extent
allowed by applicable state and federal law, any Telecommunications Service Providers that
purchase Unbundled Network Elements or other Facilities for the purpose of rebundling those
Facilities to create Telecommunications Service for sale to persons within the City shall pay to
the City a Rights -Of -Way Fee that is calculated as of month -end by applying the appropriate
Line Fee, as specified in Section 5.01 above, to each Access Line created by rebundling services
or Facilities. Such direct payment to the City is necessary because it is only the Person creating
the services for resale that will be able to determine the number of Access Lines being provided,
so that the Rights -Of -Way Fee imposed herein can be applied on a non-discriminatory basis to
all Telecommunications Service Providers that sell Telecommunications Service within the City.
Other provisions of this Ordinance notwithstanding, the Permit Holder shall not include in its
monthly count of Access Lines any Unbundled Network Elements or other Facilities provided to
other Telecommunications Service Providers for rebundling into Telecommunications Services,
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if the Telecommunications Service Provider that is rebundling those Facilities for resale has
provided a signed statement to the Permit Holder that the Telecommunications Service Provider
is paying the Access Line fees applicable to those rebundled services directly to the City. If
Permit Holder provides a copy of the signed statement to the City, then Permit Holder is
absolved of all responsibility for the Line Fees payable on the Services, Unbundled Network
Facilities, and other Facilities rebundled for the creation of Telecommunications Service for sale
within the City.
5.09 Fee Application to Leased Facilities: pursuant to Tex. Utilities Code § 54.206, a
Permit Holder may collect the Line Fee imposed by the City pursuant to this Ordinance through
a pro rata charge to the customers in the boundaries of the City, including any other Persons who
are leasing, reselling or otherwise using the Permit Holder's Access Lines to provide
Telecommunications Service. With respect to any Person leasing, reselling, or otherwise using a
Permit Holder's Access Lines, if a Permit Holder believes it does not have sufficient information
to determine the appropriate rate to apply, then the higher Line Fee shall apply until such time as
the Person using the Access Lines provides to the Permit Holder sufficient written information to
determine the correct Line Fee. If a Person provides sufficient written information for the
application of the Line Fee, Permit Holders may bill the Person on the basis of the information
provided. Permit Holder shall provide to the City any information regarding the locations to
which it is providing service or facilities for use by another Person for the provision of
Telecommunications Service to end -user customers, so long as City first obtains written
permission of such other Person for Permit Holder to provide the information to the City. Any
other provision of this Ordinance notwithstanding, however, a Permit Holder shall not be liable
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for underpayment of Line Fees resulting from the Permit Holder's reliance upon the written
information provided by any Person that uses Permit Holder's service or facilities for the
provision of Telecommunications Service to end -user customers.
SECTION 6.0 - CONSTRUCTION AND MAINTENANCE OF FACILITIES
6.01 The location and route of all Facilities and Transmission Media placed and
constructed in the Rights -Of -Way shall be subject to the lawful, reasonable and proper control
and direction of the City.
6.02 Nothing contained in this Ordinance shall be construed to require or permit the
attachment on or placement in the Permit Holder's Facilities of any electric light or power wires
or communications facilities or other systems not owned by the Permit Holder. If the City
desires to attach or place electric light or power wires, communications facilities or other similar
systems or facilities in or on the Permit Holder's Facilities, then a further separate, noncontingent
agreement with the Permit Holder shall be required. Nothing contained in this Ordinance shall
obligate the Permit Holder to exercise or restrict the Permit Holder from exercising its right to
enter voluntarily into pole attachment, pole usage, joint ownership or other wire space or
facilities agreements with any Person authorized to operate as a Public Utility or a
Telecommunications Utility or authorized to offer Cable Service within the City.
6.03 The surface of the Rights -Of -Way disturbed by the Permit Holder in the
construction or maintenance of its telecommunications system shall be restored within a
reasonable time after the completion of the work to as good a condition as before the
commencement of the work. The Permit Holder shall endeavor to minimize disruptions to the
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efficient use of the Rights -Of -Way by pedestrian and vehicular traffic, and Rights -Of -Way shall
not be blocked for a longer period than shall be reasonably necessary to execute all construction,
maintenance and/or repair work.
6.04 Upon request, the Permit Holder shall remove or 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 Permit Holder may require payment in advance. The Permit Holder shall be given not
less than forty-eight (48) hours advance notice to arrange for such temporary rearrangements.
6.05 The Permit Holder, its contractors and agents have the right, permission and
license to trim trees upon and overhanging the Rights -Of -Way to prevent trees from coming in
contact with the Permit Holder's Facilities and Transmission Media. When directed by the City,
tree trimming shall be done under the supervision and direction of the City or under the
supervision of the City's delegated representative.
SECTION 7.0 - RELOCATION AND REMOVAL OF FACILITIES
7.01 In accordance with Tex. Utilities Code Ann. § 54.203(c), upon thirty (30) days
notice by the City, Permit Holder shall begin relocation of its Facilities within the Rights -Of -
Way at its own expense to permit the widening or straightening of streets. The notice by the City
shall include a specification of the new location for the Permit Holder's Facilities along the
Rights -Of -Way.
7.02 The City retains the right to move any Facilities within the Rights -Of -Way to cure
or otherwise address a public health or safety emergency. The City shall cooperate to the extent
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possible with the Permit Holder in such instances to assure continuity of service and to afford to
the Permit Holder the opportunity to make such relocation itself.
SECTION 8.0 - INDEMNIFICATION
The Permit Holder shall indemnify and hold the City harmless from all costs, expenses,
and damages to persons or property arising directly or indirectly from the construction,
maintenance, repair, or operation of the Permit Holder's Facilities located within the
Rights -Of -Way found to be caused solely by the negligence of the Permit Holder. Expenses
shall include any reasonable and necessary attorney's fees and court costs. The City shall give
the Permit Holder prompt written notice of any claim for which the City seeks indemnification.
The Permit Holder shall have the right to investigate, defend and compromise any such claim.
This provision is not intended to create a cause of action or liability for the benefit of third
parties, but rather this provision is solely for the benefit of the Permit Holder and the City.
SECTION 9.0 - ADMINISTRATION OF ORDINANCE
9.01 The City may, at any time, make reasonable inquiries pertaining to the terms,
conditions, rights and obligations of this Ordinance, and the Permit Holder shall respond to such
inquiries on a timely basis.
9.02 Copies of petitions, applications, and reports submitted by the Permit Holder to
the Federal Communications Commission or the Public Utility Commission of Texas shall be
provided to the City upon specific request.
9.03 After reasonable notice to the Permit Holder, the City may establish, to the extent
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permitted by law, such reasonable and non-discriminatory rules and regulations as may be
appropriate for the administration of this Ordinance and the construction of the Permit Holder's
Facilities in the Rights -Of -Way, so long as those rules and regulations are competitively neutral.
SECTION 10.0 - FUTURE CONTINGENCY
In the event this Ordinance or any tariff or other provision that authorizes Permit Holders
to recover the fee provided for in this Ordinance, becomes unlawful or is declared or determined
by a judicial or administrative authority exercising its jurisdiction to be excessive, unenforceable,
void, or illegal, in whole or in part, then the City and all Permit Holders shall negotiate a new
compensation arrangement that is in compliance with the authority's decision. Unless explicitly
prohibited, the new compensation arrangement shall provide the City with a level of
compensation comparable to that set forth in this Ordinance, as long as that compensation is
recoverable by Permit Holders in a manner permitted by law for the unexpired portion of the
term of this Ordinance.
SECTION 11.0 - GOVERNING LAW
This Ordinance shall be construed in accordance with the City Code in effect on the date of
passage of this Ordinance to the extent that such Code is not in conflict with or in violation of the
Constitution and laws of the United States or the State of Texas.
SECTION 12.0 - NON-DISCRIMINATION AND COMPETITIVE NEUTRALITY
The City hereby recognizes that it has the legal duty to obligate, on a going -forward basis,
Page 13
all Permit Holders to abide by the same terms and conditions imposed by this Ordinance,
including, but not limited to, the payment of the Line Fee, and to apply substantively same
requirements governing their use and occupancy of the Rights -Of -Way.
SECTION 13.0 - PERMIT
Any Permit Holder that owns facilities already located within the Rights -Of -Way on the
date this Ordinance is enacted is hereby granted a Permit hereunder; however, within thirty (30)
days from the effective date of this Ordinance all such Permit Holders shall provide to the City a
Notice of Pre-existing Facilities. All prospective Permit Holders shall file a Permit Application
Form at least thirty (30) days before placing any facilities in the Rights -Of -Way. A Permit
Application Form will not be accepted and a Permit granted unless the Applicant provides on
that form the name and address of the person to whom notices hereunder are to be sent, the date
on which the Applicant expects to begin providing service within the City, a 24-hour per day
contact number for the Applicant, and the certificate number of the Applicant's certificate issued
by the Public Utility Commission of Texas or a notarized statement from a principal or officer of
the Applicant that no certification by the Public Utility Commission is required for the type of
service to be offered by Applicant.
SECTION 14.0 - ISSUANCE AND EFFECTIVE DATE OF PERMIT
The City shall deliver a properly certified copy of this Ordinance to the Permit Holder,
along with a Permit hereunder, within fourteen (14) days after receipt of the Notice of Pre -
Existing Facilities or the Permit Application Form.
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The effective date for any Permit shall be the date of issuance, however, the assessment
of the Line Fee shall not begin until the first day of the second month after the date of issuance
of the Permit. Permit Holders with pre-existing facilities may continue the pre-existing
compensation arrangement until the first day of the second month following the issuance of the
Permit.
SECTION 15.0 - ASSOCIATED AGREEMENTS
The City Manager or his designee is hereby authorized to execute agreements with
telecommunications service providers as necessary to carry out the purpose of this Ordinance.
SECTION 16.0 - SAVINGS
All rights and remedies which have accrued in favor of the City under this Ordinance and
amendments thereto shall be and are preserved for the benefit of the City.
SECTION 17.0 - SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid, unconstitutional or otherwise unenforceable by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
SECTION 18.0 - REPEALER
All ordinances and parts of ordinances in conflict herewith are hereby repealed but only
to the extent of such conflict.
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SECTION 19.0 - CODIFICATION
It is the intent of the City Council of the City of Pearland, Texas, that the provisions of
this Ordinance shall be codified in the City's official Code of Ordinances as provided
hereinabove.
SECTION 20.0 - PUBLICATION AND E1414ECTIVE DATE
The City Secretary shall cause this Ordinance, or its caption, to be published in the
official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance
shall then become effective ten (10) days from and after its publication, or the publication of its
caption and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the /d =h day of
JO/ci UST , A. D., 1998.
TOMID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this thaa- day
of j40705.{ , A. D., 1998.
TOM REID
MAYOR
Page 16
APPROVED AS TO FORM:
n M C
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD SECOND AND FINAL READING
AUGUST 24. 19981
Voting "Aye" - Councilmembers Berger, Beckman,Seeger,
Tetens, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE : SEPTEMBER 2, 1998
EFFECTIVE DATE:SEPTEMBER 12, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Page 17
CITY OF PEARLAND
DATA MONTH: JUNE
LOCAL SWITCHED LINES AND NON -SWITCHED TERMINATIONS
RESIDENCE LINES:
14,464 BASIC & OTHER
73 LIFELINE & TEL-ASSISTANCE
14,537
NON -RESIDENCE LINES:
4,290
NON -SWITCHED TERMINATIONS:
179
TOTAL LINES AND TERMINATIONS:
19,006
0.5%
CONFIDENTIAL AND SENSITIVE — PRIVATE MARKET DATA 7�21/98
Not to be disclosed without prior approval of Southwestern Bell Telephone Company
CITY OF PEARLAND
DATA MONTH: MARCH
FEE -PER -LINE OUTCOME TABLE
14,027 RES 72 Tel. Asst/Lifeline EXCLUDED CURRENT ANNUAL= $176,860
4,152 NON-RES Res. Basic= $0.63
18,179 TOT Bus. Sngl.= $1.60
SINGLE -CLASS FEE: $0.81
TWO -CLASS FEE:
Residence:
$0.60 $0.65 $0.70 $0.75 $0.80 $0.85 $0.90
Non -residence:
$1.40 $170,748 $179,164 $187,580 $195,997 $204,413 $212,829 $221,245
$1.45 $173,239 $181,655 $190,072 $198,488 $206,904 $215,320 $223,736
$1.50 $175,730 $184,147 $192,563 $200,979 $209,395 $217,811 $226,228
$1.55 $178,222 $186,638 $195,054 $203,470 $211,886 $220,303 $228,719
$1.60 $180,713 $189,129 $197,545 $205,961 $214,378 $222,794 $231,210
$1.65 $183,204 $191,620 $200,036 $208,453 $216,869 $225,285 $233,701
$1.70 $185,695 $194,111 $202,528 $210,944 $219,360 $227,776 $236,192
$1.75 $188,186 $196,603 $205,019 $213,435 $221,851 $230,267 $238,684
$1.80 $190,678 $199,094 $207,510 $215,926 $224,342 $232,759 $241,175
$1.85 $193,169 $201,585 $210,001 $218,417 $226,834 $235,250 $243,666
$1.90 $195,660 $204,076 $212,492 $220,909 $229,325 $237,741 $246,157
$1.95 $198,151 $206,567 $214,984 $223,400 $231,816 $240,232 $248,648
$2.00 $200,642 $209,059 $217,475 $225,891 $234,307 $242,723 $251,140
$2.05 $203,134 $211,550 $219,966 $228,382 $236,798 $245,215 $253,631
$2.10 $205,625 $214,041 $222,457 $230,873 $239,290 $247,706 $256,122
$2.15 $208,116 $216,532 $224,948 $233,365 $241,781 $250,197 $258,613
$2.20 $210,607 $219,023 $227,440 $235,856 $244,272 $252,688 $261,104
$2.25 $213,098 $221,515 $229,931 $238,347 $246,763 $255,179 $263,596
$2.30 $215,590 $224,006 $232,422 $240,838 $249,254 $257,671 $266,087
CONFIDENTIAL AND SENSITIVE -- PRIVATE MARKET DATA
Not to be disclosed without prior approval of Southwestern Bell Telephone Company 5/11/98
AFFIDAVIT OF PUBLICATION
The Rowland Reporter News
2404 South Park
Pearlancl, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties, in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as. follow:;:
No.
No.
No.
Dale 1-a2
Date
Dale
Dale
flo. Date
19 IT
19
19
19
19
Subscribe and sworn to before me this ....--_-`..--_--_-- day of OCit
19
ISMS
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS,
GOVERNING USE AND
OCCUPANCY OF THE
CITY'S RIGHTS -OF -WAY
FOR THE PROVISION OF
TELECOMMUNICATIONS
SERVICES, INCLUDING THE
ESTABLISHMENT OF COM-
PENSATION FOR THAT USE
AND OCCUPANCY; AND
AUTHORIZING THE CITY
MANAGER OR HIS
DESIGNEE TO EXECUTE
AGREEMENTS WITH .
TELECOMMUNICATIONS
SERVICE PROVIDERS AS
NECESSARY; HAVING A
SAVINGS CLAUSE, A SEV-
ERABILITY CLAUSE, AND A
REPEALER CLAUSE; PRO-
VIDING FOR CODIFICATION,
, PUBLICATION AND EFFEC-
TIVE DATE.
SECTION 20.0-PUBLICA-
TION AND EFFECTIVE DATE
The City Secretary shall cause
this Ordinance, or its caption,
to be published in the official
newspaper of the City of
Pearland, upon passage of
such Ordinance. The
Ordinance shall then become
effective ten (10) days from
and after -its publication, or the
publication of its caption and
penalty, in the official City
newspaper.
PASSED and APPROVED ON.
FIRST READING this the 10th
day of August, A.D.,1998._
/S/
TOM REID
MAYOR
ATTEST:
IS/
YOUNG LORFING
CITY SECRETARY
PASSED and APPROVED
ON SECOND AND FINAL
READING this the 24th day of
August, A.D., 1998.
/SI
TOM REID
MAYOR
ATTEST:
/S/
1 YOUNG LORFING
CITY SECRETARY ,
APPROVED AS TO FORM:
/S/
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD (SECOND
AUGUST 24.19981=
Voting "Aye'-Councilmemtiets
Berger, Beckman, Seeger,';
Tetens, and Wilkins. _..,__.X,:.
Voting 'No' -None.
Motion passes 5 to O.c..
PUBLICATION DATE;BEP
TEMBER 2,1998 }s
EFFECTIVE DATE; SEPTEM-
BER 1'1 9908
PUBLISHED. AS REQUIRED
BY SECTION OFTHE
CHARTER OF THE CITY OF
1