HomeMy WebLinkAboutO-11690J-98-799
7/20/98
11690
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING CHAPTER 54,
ARTICLE VIII OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "USE OF PUBLIC RIGHTS -
OF -WAY BY COMMUNICATION SYSTEMS", BY AMENDING
THE EXISTING PROVISIONS CONCERNING TOLL TELEPHONE
SERVICE PROVIDERS AND ADDING NEW SECTIONS
CONCERNING LOCAL EXCHANGE TELEPHONE SERVICE
PROVIDERS ALL IN ACCORDANCE WITH SECTION 337.401
FLORIDA STATUTES AS AMENDED DURING THE 1998
STATE LEGISLATIVE SESSION; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1 . Chapter 54, Article VIII of the Code of the City of Miami, Florida, as
amended, is hereby amended as follows:!/
" CHAPTER 54
ARTICLE VIII. USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. the remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
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Sec. 54-297. Definitions.
For the purposes of this article and any agreement or permits issued in
accordance herewith, the following terms, phrases, words and their derivations shall
have the meaning given herein unless otherwise specifically provided in this article,
unless the context clearly indicates otherwise or unless such meaning would be
inconsistent with the manifest intent of the city commission and/or with F.S. s#
§337.401, as amended:
Gross recei is means all revenue received by the permittee on recurring local
services within the incorporated limits of the cif
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Permittee means the person or his legal successor in interest who is issued a
telecommunication permit agreement or permits in accordance with the provisions of
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this article for the erection, construction, reconstruction, operation, dismantling, testing,
use, maintenance, repairing, rebuilding or replacing of a private GOrnmuniGations
telecommunication system in the city.
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Telecommunication Company providing Toll Telephone service means any
telecommunication company providing toll telephone services as defined in F.S.
j203.012(7).
Telecommunication Company providing Local Exchange service means any
Alternative Local Exchange Telecommunications Company as defined in F.S. 36� 4.02.
Telecommunications permit agreement or ep rmit issued means the document by
which a privilege granted by the city by which the city authorizes a person to erect,
construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild and
replace a private GGMrnuniGPtiG telecommunication system that occupies the streets,
public ways or public places within the city. Any telecommunication agreement or
ep rmit issued in accordance herewith shall be a nonexclusive_ permit a�'a shall be-
standard f lent-.
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Sec. 54-300. Length.of permit agreement.
(a) Any telecommunication permit agreement or permit issued by the city in
accordance herewith shall be a nonexclusive permit for the use of the streets,
public ways or public places within the city as specified in the telecommunication
permit for the erection, construction, reconstruction, operation, maintenance,
dismantling, testing and use of a communications system.
(b) Any telecommunication permit issued by the city shall commence immediately
upon approval of the application for the initial term and shall commence
thereafter on October 1 and may GOntin„e ;n f„l' fnrno and offer+ „ntil its
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teleGOMMURiGatiOR permit then iR be renewed annually to expire the
following September 30, so long as the permittee is in full compliance with this
article and all applicable federal, state and local ordinances and regulations and
the space occupied is not needed for a public purpose.
(c) In the event any telecommunication permit shall be revoked or not renewed, the
applicable communications system shall be removed from the streets, public
ways and public places in accordance with the provisions of section 54-304.
Sec. 54-301. Permit locations.
(a) Any telecommunication permit agreement or permit issued for a communications
system in accordance herewith shall apply only to the location or locations
stated on the telecommunication permit or permits.
(b) Nothing in this article shall be construed as a representation, promise or guarantee
by the city that any other permit or other authorization required under any city
ordinance for the construction or installation of a communications system shall be
issued. The requirements for any and all other permits as may be required by any
city ordinance, including the right-of-way utilization permit, shall still apply and all
other applicable permit fees,_ if any, shall still be due.
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Sec. 54-303. Powers and duties of city public works director.
The city public works director and his authorized designee shall have the
following powers and duties:
(1) Receive and review applications for telecommunication permits for any
telecommunications system.
(2) Review and cause to be audited all reports and filings submitted by the
permittee to the city pursuant to this article.
(3) Submit regulations regarding the construction, reconstruction, operation,
maintenance, dismantling, testing, use, repairing, rebuilding or replacing
of any telecommunications system established by telecommunication
permit in accordance herewith to the director of the department of public
works for promulgation.
Sec. 54-304. Bonds.
(a) Unless the applicant supplies other acceptable financial guarantees or
demonstrates financial responsibility satisfactory to the director of finance and
the city attorney, all persons submitting a. request for a telecommunication permit
to construct a private telecommunications system in accordance herewith shall
file with their request bonds solely for the protection of the city with a surety
company or trust company or companies as surety or sureties in the amount
sufficient to protect the city from any and all damages or costs suffered or
incurred by the city as a result thereof, including but not limited to attorney's fees
and costs of any action or proceeding, and including the full amount of
compensation, indemnification, cost of removal or abandonment of any property
or other costs which may be in default, up to the full principal amount of such
bond which shall not exceed the amount of $50,000.00; and the condition shall
be a continuing obligation during the entire term of any telecommunication
permit issued in accordance herewith and thereafter until the permittee shall
have satisfied in full any and all obligations to the city which arise out of or
pertain to the telecommunication permit for a private telecommunications
system.
(b) None of the provisions of this section nor any bond accepted by the city
pursuant hereto, nor any damages recovered by the city hereunder, shall be
construed to excuse the faithful performance by or limit the liability of the
permittee under this article or any telecommunication permit issued in
accordance herewith or for damages either to the full amount of such bond or
otherwise.
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Sec. 54-305. Compensation for permit.
Telecommunication Company providin_g Local Exchange service
It shall be a term and condition of any telecommunication permit issued in
accordance herewith that as part of the consideration supporting the issuance of such
telecommunication permit and the city's permission thereby to occupy and use the
streets of the city, that each permittee which is an Alternative Local Exchange
Telecommunication Company shall pay on a quarterly basis to the c one ep rcent
jl!J of the rg oss receipts on recurring local service revenues for services provided
within the corporate limits of the city by such permittee. The foregoing compensation
and fees shall be in accordance with the standards set forth in F.S. §337.401(31 as
amended.
LbJ Telecommunication Company solely providin_g Toll Telephone service
(a) (1) Except as hereinafter provided, it shall be a term and condition of any
telecommunication permit issued in accordance herewith that as a part of the
consideration supporting the issuance of such telecommunication permit and the city's
permission thereby to occupy and use the streets of the city, that the each permittee
which provides Toll Telephone Service shall pay each year to the city compensation
and license fees. The compensation and license fees for private telecommunication
systems shall be in accordance with the standards set forth in F.S. § 337.401(4), 1989
as amended. The amount of said compensation and fee shall be established and
adjusted, from time to time, after public hearing before the city commission and after
public notice as required hereinbelow in subseGtion (e), by the director of the
department of public works, and shall be published as a fee schedule which shall be
available for inspection during regular business hours at the department of public
works.
E#} ) For the purposes of this section, two or more lines, cables, fiber optic conduits,
duct banks or other pathways parallel to each other which are:
(4- i) Underground and within a 16-inch wide strip of right-of-way, except as
hereinafter provided, shall be considered as one pathway for the purpose
of the license fee; or
(2 ii) Aboveground and attached to the same poles, and owned by the same or
an affiliated company, shall be considered as one pathway for the
purpose of the license fee.
(0 3) In the event a permittee cannot construct or lay its underground lines, cables,
fiber optics conduits, duct -banks or other pathways within a single 16-inch-wide strip of
right-of-way because a 16-inch-wide strip of right-of-way is not available due to the
closeness of other lines owned by other entities, then all lines, cables, fiber optics
conduits, duct -banks or other pathways which are owned by that permittee or an
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affiliated company that are parallel to each other within the same right-of-way
regardless of distance apart shall be considered as one pathway for the purpose of
license fees, provided that such lines and pathways could have been constructed within
a single 16-inch-wide strip of right-of-way, if it had been available.
0) (4) New lines, cables or fiber optic cables of one or more communications systems
placed in an underground conduit or duct -bank owned by another permittee shall
require a separate telecommunication permit, subject to the same requirements as
other installations, except no additional annual fee shall be paid to the city. New lines,
cables or fiber optic cables of a communications system placed aboveground on
existing poles shall require a telecommunication permit, subject to the same
requirements as other installations. New lines, cables or fiber optic cables of a
communication system which are placed in an underground conduit or duct -bank, or on
aboveground poles owned by an entity exempt from the provisions of this article shall
require a telecommunication permit, unless the franchise, or other authorization by
which the exempt entity has the right to place the conduit, duct -bank or poles within the
city property prohibits the application of the permit and fee requirements contained in
this article to the lessee of space within the conduit or duct -bank or on the poles.
W (5) The city, through its director of public works, may adjust the license fee for
private communication systems annually by an amount not in violation of F.S. §
337.401(4), subsequent to the establishment of this license fee, or subsequent to the
most recent adjustment in the license fee for any and all subsequent adjustments after
the first adjustment, and only after a public hearing and at least 60 days' prior written
notice to all current permittees. Except for new lines, cables or fiber optic cables within
a conduit or duct -bank owned by another permittee, the license fee shall be based on
the same amount for all nongovernmental entities subject to the requirements of this
article, except in no event, however, shall the fee be less than $500.00 per linear mile
per annum.
(f) Upon the effective date of the adoption of this article in accordance with
provisions of subsection (b) hereinabove, the following fee schedule is hereby fixed as
follows:
(4- i) Annual fee.
a. For the first 50 lineal feet of pathway or less ... $ 250.00
b. For each additional lineal foot of pathway over 50 feet:
1. Pathway(s) in existence as of the date of this ordinance:
i. As of October 1, 1993 ... 0.15
ii. As of October 1, 1994 ... 0.25
iii. As of October 1, 1995 ... 0.35
iv. As of October 1, 1996 ... 0.45
V. As of October 1, 1997 :.. 0.55
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2. Pathway(s) added subsequent to the date of this ordinance .
..0.75
(2 ii) Initial fee for preparation review and approval of telecommunication
agreement (does not include recording fee) .................11,330.00
(S iii) Review of plans, issuance of installation permit and inspection of
installation of new facilities
a. For first 50 lineal feet or less of pathway ..............$ 250.00
b. For each additional lineal foot of pathway over 50 feet ...... 0.30
(4 iv) Fee for government -owned communications system:
a. Annual fee ........................................ 1250.00
b. Initial fee including review of plans and inspection plus recording
fee........................................... 1_250.00
Sec. 54-306. Payment and audit of compensation and license fees.
(a) The annual compensation and license fee provided for in section 54-305& shall
be payable, in advance, annually on October 1 of each year.
(1) Any new telecommunication permit obtained `prior to or after October 1
shall expire the following September 30 and the annual fee shall be
prorated accordingly.
(2) The fee provided for under subsection 54-305 b 6 ii `f� hereinabove
is required on all new telecommunication permit applications and
whenever a new telecommunication agreement may be required.
(b) Fees for private telecommunications systems not paid within ten days after the
due date shall bear interest at the rate of one percent per month from the date
due until paid.
(c) The acceptance of any payment for a private telecommunications system
required hereunder by the city shall not be construed as an acknowledgment
that the amount paid is the correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the city may have for
additional sums due and payable:
(1) All fee payments shall be subject to audit by the city and assessment or
refund if the payment is found to be in error.
(2) In the event that such audit results in an assessment by and an additional
payment to the city, such additional payment shall be subject to interest at
the rate of one percent per month until the date payment is made.
(3) Within twenty days following September 30 a permittee described in section
54-305 a hereof shall file with the Director of Finance a statement signed by
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an authorized accounting or financial representative of the permittee of the
.gross receipts on recurring local service revenues derived in the preceeding
year.
(d) Nothing in this article shall be construed to limit the liability of the licensee for a
irate telecommunications system for all applicable federal, state and local
taxes.
(e) In the event any fees due in accordance with the terms of this article are not paid
within 90 days after the due date, the public works director may withhold the
issuance or renewal of any right-of-way utilization permits or telecommunication
permits to the permittee until the amount past due is paid in full.
(f) In the event the maximum franchise fee authorized by the laws of the State of
Florida shall be changed to an amount other than the current amount as prescribed
in section 337.401 Florida Statutes, the city shall be authorized to unilaterally
amend this ordinance and adjust the franchise fee provided for herein to the
maximum franchise fee authorized by the laws of the State of Florida, provided
further that the city adjusts the franchise fee for other utilities offering similar
services by an equal amount.
(g) The permittee shall make available to the city during normal business hours the
books and accounts and other documentation of the permittee (hereinafter reffered
to as the "Reports") that, as determined by the cif, are necessary to determine the
accuracy of the revenues upon which the fee payment is based. Upon request by
the city, or its designated representative, the permittee shall provide a copy of its
annual report to the Florida Public Service Commission "PSC" . The ci!r or its
designated representative, shall have the right during the life of this license to
examine the Reports: provided, however, that the permittee shall be obligated to
maintain its billing records only for the eriod of time re uired by the PSC and that
any examination conducted after such period shall be confined to the billing records
then available. No later than thirty (30) days the request of the city, or its
representative, the permittee shall supply to the ciL a copy of the Reports. Such
copy shall be in the medium requested by the city, provided that it is economical
and practical for the permittee to do so. .
Sec. 54-307. Indemnity and insurance.
(c) Upon the granting of a permit for a private telecommunications system and at all
times during the terms of the permit, including the time for removal of facilities as
provided for herein, the, permittee shall obtain, pay all premiums for, and file with the
city insurance manager written evidence of payment of premiums and executed
duplicate copies of the following:
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(d) All insurance policies called for herein for private telecommunications systems
shall be in a form satisfactory to the city insurance manager and. shall require 30
days' written notice of any cancellation to both the city and the permittee. The
permittee shall,. in the event of any such cancellation notice, obtain, pay all
premiums for, and file with the city, written evidence of the issuance of
replacement policies within 30 days following receipt by the city or the permittee
of any notice of cancellation.
(e) In lieu of the insurance policies as required by and referenced in subparagraphs
(c) and (d) above for private telecommunications systems, the permittee may
submit:
Sec. 54-309. Use of streets and pole attachments.
(c) Any person who submits a request for a permit in accordance herewith shall include
therein proposed agreements for the use of existing utility poles and conduits, if
applicable, with the owner(s) of such facilities to be used or affected by the
construction of the proposed private telecommunications system, which agreements
shall become effective on the date of execution of the permit issued in accordance
herewith in the event that such person is issued a permit.
(i) The permittee shall keep accurate, complete and current maps and records of its
system and facilities which occupy the streets, public ways and public places within
the city, detailed by linear foot, if applicable, and shall furnish, as soon as they are
available, two complete and updated copies of such maps and records, including
as -built drawings, to the department of public works on an annual basis prior to
issuance or renewal of a telecommunication permit.
Section 2. All ordinances or parts of ordinances insofar as they are inconsistent
or in conflict with the provisions of this Ordinance are hereby repealed.
to
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Section 3. If any .section, part of section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance is hereby declared to be an emergency measure on
the grounds of urgent public need for the preservation of peace, health, safety and
property of the City of Miami.
Section 5. The requirements of reading this Ordinance on two separate days is
hereby dispensed with by an affirmative vote of not less than four -fifths of the members of
the Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption
and signature of the Mayor2.
PASSED AND ADOPTED BY TITLE ONLY this 21st day of
July , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec.. 2-36, since the Mayor did not indllcate aporova,l of
this legislation by signing it in the designated place provided, said legi la::o.: �i 'V
becomes effective with the elapse of ten (10) days from the date of Commissicn actic —
ATTEST: regarding same, without the Mayor xerci ..ng eto.
c
W an, City Clerk
WALTER J. FOEMAN
CITY CLERK
2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from
the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
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APPROVED AS TO EQW AND CORRECTNESS:
t
CITYATTORNEY
w543aymt
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11690
inthe .....................XXXXX ......................................................... Court,
wak..yblis1e6 1n sergrgpaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of.advertisement; and affiant further says that she has
neither paid nor promised any person firm or corporation
any discount -.rebate, commissio refun for the purpose
of securiwhis advertise f publica ion in the said
.......................................... as............................
10 Sw
�ubsc a me this'.,
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........day of....... ............................ .......... . A.D. 19......
(SEAL)
p04- OFFMCIALL NOTARY 6
11i`-RY
JANETT LLERENA
Octelma V. Ferbeyre per
{Ctme. CQ1[;Amk-0oN NUMBER
C CC566004
MY COMMISSION EXPIRES
O•F 9: JUNE 23,2000
CITY OF MIAMI, FLORIDA 1
LEGAL .NOTICE• "
= 'All interested persons will take notice that on the 21 st ,day of July
1998 the City Commission' of Miami; Florida adopted the following
titled ordinances:
ORDINANCE NO. 11686
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. 11547, ADOPTED`SEPTEMBER.23, 1997, ENTITLED:
"LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM;
"THEREBY PROVIDING FOR AN INCREASEINTHE TOTAL
AMOUNT OF $82,755.18, REPRESENTING, INTEREST
-1i EARNED 'FROM SECOND' YEAR GRANT FUNDING
MONIES. WHICH TOTALED $3,615,800.00; CONTAININGGA
REPEALER PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE NO. 11687
i AN EMERGENCY ORDINANCE ESTABLISHING INITIAL -
G; RESOURCES AND INITIAL.- APPROPRIATIONS FOR - A
"SPECIAL REVENUE FUND `ENTITLED: "PROBLEM
SOLVING PARTNERSHIPS' ASSESSMENT GRANT
PROGRAM," .AND -APPROPRIATING FUNDS, . IN THE
AMOUNT OF $49,950.00, CONSISTING OF GRANT FROM
THE U.S. DEPARTMENT OF•JUSTICE; AUTHORIZING THE- i
CITY MANAGER TO'ACCEPT SAID: GRANT- AND TO
j. EXECUTE THE NECESSARY *DOCUMENTS FOR THIS
PURPOSE; CONTAINING- A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR, AN
EFFECTIVE DATE.
ORDINANCE NO. 11688
i AN ORDINANCE AMENDING SECTION 18-78, OF. THE, j
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
I RELATING TO ' CONTRACTING-' METHODS . , AND 4
I•. PROCEDURES, THEREBY STIPULATING THAT ANY
PURCHASE AGREEMENT ENTERED INTO IN'A MANNER ;
INCONSISTENT WITH' PROCEDURES; .'AS. HEREIN
'SPECIFIED: SHALL- NOT BE BINDING -UPON THE`CITY,
CONTAINING A.._ REPEALER 1--;PROVISION .;AND < A
SEVERABILITY CLAUSE; PROVIDING FOR,AN EFFECTIVE '{
DATE
ORDINANCE NO. 11689 '
j AN ORDINANCE AMENDING CAPITAL IMPROVEMENT
1 ORDINANCE NO. 11623, .AS AMENDED, ,ADOPTED .
J. MARCH 24, 1998; CONTINUING AND :REVISING
PREVIOUSLY.. APPROVED SCHEDULED CAPITAL
IMPROVEMENT . PROJECTS; ESTABLISHING NEW
CAPITAL, IMPROVEMENT PROJECTS TO BEGIN DURING,_
FISCAL YEAR 1997-1998, PROVIDING CONDITIONS,:,
AUTHORIZATIONS --AND 'DIRECTIONS ._TO ' THE CITY -.MANAGER AND CITY -CLERK;, CONTAINING A REPEALER
! PROVISION AND SEVERABILITY CLAUSE.
I I
I . ORDINANCE N0.L11f0L I . '
L r ::AN -EMERGENCY. ORDINANCE AVENMNG CHAPTER 54, i
ARTICLE' VIII OF. THE. CODE.. OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED. ENTITLED: "USE OF PUBLIC 1
RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS," .BY
AMENDING,THE EXISTING PROVISIONS CONCERNING
TOLCTELEPHONE SERVICE PROVIDERS AND ADDING
NEW SECTIONS CONCERNING. LOCAL EXCHANGE
TELEPHONE SERVICE PROVIDERS ' ALL IN; ACCOR-
DANCE WITH SECTION 337.401 FLORIDA-STATUTES AS .
AMENDED DURING, THE 1998 STATE LEGISLATIVE i
SESSION;..CONTAINING:'A REPEALER PROVISION, •A
SEV,ERABILITY `CLAUSE; AND; PROVIDING FOR AN
EFFECTIVE DATE. '
ORDINANCE NO. 11691 {I
AW EMERGENCY ORDINANCE -.SCHEDULING AN
ELECTION TO FILL, SUBJECT TO -DISPLACEMENT, THE
OFFICE OF COMM(SSJONER, DISTRICT NO. 3; SETTING -
NOVEMBER 3, 1698,.AS THE DATE OF SUCH ELECTION,:
I. AND ESTABLISHING SEPTEMBER 19, 1998. AT 6 P.M., AS
THE ' -QUALIFYING DATE THEREFOR; FURTHER,
SCHEDULING A MUNICIPAL REGULAR ('RUN-OFF") ELEC-
TION.TO FILL THE OFFICE OF COMMISSIONER DISTRICT
NO. 3, SAID -ELECTION TO BE HELD ON NOVEMBER 10,
1998, UNLESS SAID OFFICE HAS BEEN FILLED -BY THE. -
ELECTION OF � A CANDIDATE AT THE REGULAR
NONPARTISAN PRIMARY ELECTION TO BE HELD- ON
NOVEMBER, 3,.�1998; DESCRIBING PERSONS QUALIFIED
TO.,'VOTE , .IN,-, SAID, .ELECTIONS; DESCRIBING THE I
REGISTRATION.,BOOKS,.AND' RECORDS. TO, B', USED :
FOR,rTHE ELECTIONS; DESIGNATING AND APPOINTING
THE CITY CLERK( AS :THE, OFFICIAL REPRESENTATIVE i
.=:.•-..--,•••�•..r -;! r,,r , Ill nr 01. 1/"u CCf_ICTRATinN i