Loading...
HomeMy WebLinkAbout211 Franchise - Cablevision ORDINANCE NO. 211_-. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, GRANTING A FRANCHISE TO THE CENTRAL FLORIDA CABLEVISION, INC. , A COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, WHOSE ADDRESS IS 1620 S. COMBEE ROAD, LAKELAND, FLORIDA 33801, ITS SUCCESSORS AND ASSIGNS TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN ZEPHYRHILLS, FLORIDA; SETTING FORTH CONDI- TIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM AND PRE- SCRIBING PENALTIES FOR THE VIOLATION OF THE FRANCHISE PROVISION . Be It Enacted by the City Council of the City of Zephyrhills, as follows : Section 1. Short Title. This Ordinance shall be known and may be cited as the Zephyrhills CATV Franchise Ordinance. Section 2. Definitions. For the purposes of this Franchise, the following ter s, phrases and words shall have the meaning given herein. When of inconsistent with the context, words used in the present tens include the future, words in the plural number include the si - i gular number, and vice versa. The word "shall" is always man a- tory. (a. ) "City" is Zephyrhills, Florida, a municipal corporation organized and existing under the laws of the Stat of Florida. (b. ) "Contractor" is Central Florida Cablevision, In . , a company organized and existing under the laws of the State of Florida, and having its address and principal place of busine s at 1620 S. Combee Road, Lakeland, Florida 33801. (c-. ) "Council" is the City Council of Zephyrhills, Florida. (d. ) "Person" is any person, firm, partnership, asso • ciation, corporation, company or organization of any kind. (e. ) "CATV" shall be deemed to mean Community Antenn Television, as defined by the Federal Communications Commission or its successor. • it .. (f. ) "FCC" is the Federal Communications Commission. Section 3. Qualifications of Grantee and Grant of Authority. A public hearing concerning the application of the Contractor for the Franchise herein granted was held on rpoljRY, Ti' 117, ,Ne.r 4-2rth, 1-9-7-2-, which invited interested parties to participate in said hearing and comment upon the legal, char- acter, financial, technical and other qualifications of the Contractor to construct and operate a cable television system in the City and the adequacy and feasibility of the Contracto ' s arrangements for the construction of such a cable television system in the City. Said hearing having been held on the dat and at the place stated hereinabove, and said hearing having been fully open to the public, and the City having received at said hearing all comments regarding the qualifications of he Contractor to receive this Franchise, the City hereby finds t at the Contractor possesses the necessary legal, technical, char acter, financial and other qualifications and that the Contra tor' s construction arrangements are adequate and feasible, and that therefore, the City hereby grants to the Contractor a non-exc usive Franchise, right and privilege, to construct, erect, operate, modify and maintain, in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public wasy a d public places now laid out or dedicated and all extensions th reof, and additions thereto, in the City, poles, wires, cables, and r- ground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a Cable Television System for the purpose of distributing television and radio signals, and other electronic impulses i order to furnish television and radio programs and various co - munications and other electronic services to the public. Thi right so granted' includes the right to use and occupy said st eets, alleys, public ways and public places and all manner of easem nts for the purposes herein set forth. 2 Section 4. Grant of Non-Exclusive Franchise. There is hereby granted by the City to the Contractor the Non-Exclusive Franchise right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over or under the streets, alleys, easements, public ways and public places (now laid out or dedicated and all extensions thereof and additions thereto in the City), the poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the installation, maint - I nonce and operation in the City, of a CATV system either separately or upon or in conjunction with any public utility maintaining the w ' same in the City with all of the necessary and desirable appl ances and appurtenances pertaining thereto. Without limiting the g n- erality of the foregoing, this non-exclusive franchise grant and shall and does hereby include the right, in, over, under and pon the streets, sidewalks, alleys, easements and public grounds nd places in the City to install, erect, operate or in any way acquire the use of, as by leasing or licensing, all lines and equipment necessary to a CATV system and the right to make coi nec- tion to subscribers, the right to repair, replace, enlarge, ai d extend said lines, equipment and connections. The right granted for the purposes herein set forth shall not be exclusive and he City reserves the right to grant a similar use of said street alleys, easements, public ways and places to any person at any time during the period of this agreement. Section 5. Compliance with Applicable Laws and Ordinances. The- Contractor shall at all times during the life of this Franchise be subject to all lawful exercise of the polic power of the. City and to such reasonable regulations as the C ty shall by ordinance provide. The Contractor shall save the Ci y harmless from all loss sustained by the City on account of an suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Contractor in the construc ion, operation and maintenance of the CATV system in the City and rom any suits, liability, obligation for libel, slander, copyrigh 3 infringement, unfair competition, or obligation of suits of a y kind or nature whatsoever, by a third party, arising out of o incident to the exercise by the Contractor of the Franchise rights herein granted. For this purpose the Contractor shall carry ro- perty damage and public liability insurance in some responsib e insurance company or companies qualified to do business in th State of Florida. The amounts of such insurance and the form of the insurance policy shall be subject to the approval of the ity. The amounts of such insurance to be carried for liability due to damage to property shall be not less than $ 50,000.00 to any one person and $ 100,000.00 as to any one accident and against la- bility due to injury to or death of persons, $100,000.00 , as to any one person and $ 300, 000.00 as to one accident. Th City shall notify the Contractor within thirty (30) days afte presentation of any claim or demand, either by suit or otherw se, made against the. City on account of any negligence or other c aim or liability as aforesaid on the part of the Contractor. (b. ) The Contractor shall pay and by its acceptance f this Franchise specifically agree that it will pay all damage , penalties, which the City may be legally required to pay as a result of granting this Franchise. These damages and penalti s shall include but shall not be limited to damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein whether or: not an act or ommission complain d of its authorized, allowed or prohibited by this Franchise. (c'..) . The Contractor shall pay and by its acceptance f this Franchise specifically agrees that it will pay all expen es incurred by the City to defend itself in regard to all damage and penalties mentioned in this section. These expenses shal include out-of-pocket expenses, such as attorney' s fees and shall include the reasonable value of any services rendered by the City Attorney or his assistants or any employees of the C ty. 4 (d. ) The Contractor maintains and by its acceptance of this Franchise and specifically agrees that it will maintain throughout the term of this Franchise, the liability insurance insuring the City and itself with regard to the damages as here- in specified. (e. ) The Contractor shall maintain by its acceptance of this Franchise and specifically agrees that it will maintain throughout the term of this Franchise a faithfull performance bond running to the City with a corporate surety authorized to do business as a surety in the State of Florida, in the penal sum of $ 5,000.00 , conditioned that the Contractor shall well and truly observe, fulfill and perform each condition of this Franchise and that in the case of any breach of condition of the bond, the amount thereof shall be recoverable from the prin- cipal or insuror thereof by the City for all damages, proximately resulting from the failure of the grantee to well and faithfully observe, and perform any provision of this Franchise. (f. ) The insurance policy and bond obtained by the Contractor in compliance with this section must be approved by the City Council and such insurance policy and bond, along with written evidence of payment of required premiums, shall be filed and maintained with the City Clerk of the City during the term of this Franchise. Section 6. Territorial Area Involved, This Franchise embraces all of the present territorial limits of the City and any area which may henceforth be added to the corporate limits of the City during the term of this Franchise. Section 7. Guarantee of Efficient Service. The Contractor shall maintain and operate its system and render efficient service to its subscribers during the term of this agreement; however, "efficient service" shall be synonymous and in conformity with the published rules of the FCC . 5 Section 8. Operation and Maintenance of System. (a. ) The Contractor shall render efficient service, make repairs promptly, interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded by notice and shall occur during periods of minimum use of the system. (b. ) The Contractor shall maintain an office in the area, which shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any ti e. (c. ) All structures, lines, and equipment erected by the Contractor within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, easements and other public ways and places and to cause minimum interference with the rights of reasonable convenience of pro erty owners and the Contractor shall comply with all reasonable, proper and lawful ordinances of the City now or hereafter in force. Existing poles, posts and other such structures of the electric power company or any telephone company or any other public utility which may be available to the Contractor for leasing or licensing at reasonable terms shall be used to the extent practicable in order to minimize interference with travel. (d. ) In the case of any disturbance of pavement, side- walk, driveway or other surfacing the Contractor shall at its own cost and expense and in a manner approved by the City Council of the City replace and restore all paving, sidewalk, driveway or surface so disturbed in as good condition as before said work was commenced. (e. ) In the event that in any time during the period of this agreement the City shall lawfully elect to alter or c ange any street, alley, easement or other public way requiring the relocation of the facilities of the Contractor, then in such event the Contractor, upon reasonable notice by the City, sha 1 remove, relay and relocate the same at the Contractor' s own expense. 6 (f. ) The Contractor shall, on request of any person holding a building moving permit issued by the City, tempora ily raise or lower its lines to permit the moving of the building. The expenses of such temporary removal shall be paid by the person requesting the same and the Contractor shall have the authority to require such payment in advance. (g. ) The Contractor shall have the authority to trim trees upon and overhanging all public streets, alleys, easements, sidewalks, and public places in the City so as to prevent the branches of said trees from coming into contact with the facil- ities of the Contractor. (h. ) All poles, lines, structures and other facilities of the Contractor in, on, over and under the streets, sidewalks, alleys, easements and public grounds or places of the City shall be kept by the Contractor at all times in a safe and substantial condition. (i. ) The construction, maintenance and operation of the system for which this Franchise is granted shall be done in con- formance with the rules and regulations of the FCC as the same presently exist or as the same may be hereafter changed, altered or adopted. That use of the system for any purpose other than provided in this Ordinance is prohibited. Section 9. Certification. Contractor shall furnish the City with a copy of any certifications required by the FCC during the period of time this Franchise is in effect. Section 10. Rates - Rate Discrimination Prohibition. Contractor is hereby authorized to make the following charges to customers using the system as follows : 7 Service Charge per month InstallationCharges First Additional First Additional Outlet Outlet Outlet Outlet Description Single Family Dwellings 5.50 1.50 15.00 5.00 Multiple Family Dwellings where charges are made directly to each individual family. (Each dwelling unit) 5.50 1.50 15.00 5.00 Commercial (Retail Stores, Restaurants, Lounges, etc. ) 5.50 1.50 Materials & Labor Individual Mobile Homes 5.50 1.50 15.00 5.00 Mobile Home Parks where company con- nects to park ' s system. (Bulk Rate) First Mobile Home 5.50 - 15.00 5.00 Additional Mobile 3.00 - - - Mobile Home Park where company in- stalls system. (Bulk Rate) - - Materials & Labor First Mobile Home 5.50 1.50 15.00 5.00 Additional Mobile Home 3.00 1.50 15.00 5.00 Motel where company connects to Motel' s system 5.50 1.50 15.00 - Motel where company installs system 5.50 1.50 Materials & L bor The Contractor shall not as to rates, charges, servic facilities, rules, regulations or in any other respect make o grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage; provided, however, ti is shall not be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any ci s- tomer coming within such classification shall be entitled, pr - viding the same shall have the prior approval of the City Council obtained in open meeting after notice being published of the ro- posed rate schedule at least fifteen (15) days prior to the announced open meeting. The contractor may, for good cause s own and after thirty (30) days written notice to the City Council apply for an increase in rates, which may be granted in the 8 discretion of the City Council after notice has been published of the proposed rate schedule at least fifteen (15) days prior to the announced public hearing. Nothing contained in the fore- going rates or service charges shall be deemed to prohibit the Contractor to reduce rates on a nondiscriminatory basis. The Contractor may not require a customer to continue to receive or to pay for the service of the Contractor any longer than the customer desires. Section 11. . Jurisdiction. Jurisdiction of the CATV system is now delegated to the FCC. by law. Any rules of the FCC that may become applicable supercede any of the provisions of this Franchise, but shall not to the extent permitted by law effect the validity of this Fran- chise and agreement. City shall not impose further restricti ns . or charges on the contract other than those set forth in this Ordinance or prescribed by the FCC. Section 12. 'Community Service Channel and Service. (a. ) The Contractor shall provide community antenna service without installation or monthly service charge to all public, private and parochial s.chools, all public libraries, city owned recreational center buildings, city hall, city police sta- tions, city fire stations, public works buildings and any other buildings owned by the City and used by the City -for municipal services, providing such installations are within the City limits and are specifically requested by 'the Council. Section 13. City Authorized To Make Additional Ordinances and Provisions. The right is hereby reserved to the City to adopt, an addition to the provisions herein contained and the existing applicable ordinances, such 'additionalordinances as it shall find necessary in the exercise of the police power, provided that such regulations shall not be in conflict with the rights herein granted and not in conflict with the laws of the State of Florida or the United States of America. . 9 ' a Consistent with the requirements of Rule 76.31 (a)(6) of the Federal Communications Commission, any modification of Rule 76.31 resulting from amendment thereto by the FCC shall to the extent applicable be considered as a part of this Fran- chise as of the effective date of the amendment made by the FCC and shall be incorporated in such Franchise by specific amendments thereto by the lawful action of the City Council within one (1) year from the effective date of the FCC' s amend- ment or at the time of the renewal of the Franchise, whichever occurs first. Section 14. Effective Date and Term. This Franchise shall take effect and be in full force from and after the final passage of this ordinance granting this Franchise, subject however to the acceptance by the Contractor as herein provided, and said Franchise shall continue in full force and effect for a term of fifteen (15) years from the date of the final passage of this ordinance upon the terms and conditions as herein set forth. At the .expiration ;of the term of this Franchise or upon cancellation or forfeiture of this Franchise the City shall have the right to purchase all of the property used under the terms of this Franchise or such part thereof as the City may desire to - purchase at. a valuation of the property real and personal desired which valuation unless the parties can agree thereto shall be fixed in the manner following : The City shall select one arbitrator, the Contractor shall select one arbitrator and the two arbitrators shall select a third arbitrator. and the finding of the majority of the three arbitrators shall be conclusive on both parties. In the event . the Contractor shall fail to appoint an arbitrator within" five (5) days after receiving written notice from the City to do so, the City shall appoint a qualified arbitrator who shall determine the valuation of such property real and personal of the Contractor. The Franchise granted the Contractor herein shall ter- minate fifteen (15) years from date of grant, subject to renewal for periods of reasonable duration on the same terms or conditions 10• as contained herein, or on such different or additional terms and conditions as may be lawfully specified by the City Council a d as are consistant with the requirements of Rule 76.31 of the Federal Communications Commission. Section 15. Forfeiture of Franchise. If the Contractor should violate any of the terms, co - ditions or provisions of this Ordinance or if the Contractor should fail to comply with any reasonable provision of any ordi- nance of the City regulation the use by the Contractor of the streets, alleys, easements or public ways of the City or should the Contractor continue to violate the same for a period of sixty (60) days after the Contractor shall have been notified in writing by the Council to desist from such violation so speci- fied, then the Contractor shall be deemed to have forfeiture and annulled and shall thereby forfeit and annul all rights and privileges granted by this Franchise Ordinance. The Contractor may, however, by filing a written notice with the City Clerk, within five (5) days of such official Council action which directs cancellation of the Franchise, suspend and stay the effective ess of cancellation providing the notice sets forth that the Con- tractor intends to proceed in the appropriate court of Pasco County for an appropriate relief, in which case the appropriate question of whether the Contractor is in violation shall be t ied by court or jury as prescribed by law. Such action must be brought by the Contractor within ten (10) days after the notice is delivered to the Council. If the Contractor is found to be in violation, the action of the Council shall become final subject to the order of the court and if the Contractor is adjudged not in violation, then proceeding of the Council shall be null and void. The prevailing party in the court action shall be entitled to costs of the action and reasonable attorney's fees. Section 16. Voluntary Cancellation of Franchise. (a. ) The Contractor may surrender this Franchise at any time upon filing with the City Clerk of the City a written 11 notice of its intention to do so at least six (6) months before the surrender date. On the surrender date specified in the notice, all of the rights and privileges and all of the obligations, duties and liabilities of the Contractor shall terminate excep1t the Contractor shall be liable and its bondsman shall be liable and responsible for the indemnification of the City against damages, loss, action, suits, liabilities or obligations arising out of the Contractor' s exercise of this Franchise. (b. ) All of this Franchise may be revoked and cancelled by the City Council if the Contractor shall not within one (1) year from the date the FCC certifies that the Contractor's plans for cable television operations in and for the City comply wi1Jh its Rules and Regulations governing cable television extend e er- gized trunk cable to 20% of the City or shall not extend ener ized trunk cable to the remaining portions of the City within four (4) years thereafter, unless additional time is granted by the City Council upon request of the Contractor for good cause shown. Section 17. Construction. All the rights and privileges and all of the obligations, duties and liabilities created by this Ordinance shall pass t and be binding upon the successors of the City and the succes ors and assigns of the Contractor and the same shall not be assig ed or transferred without the written approval of the City Council which may not be unreasonably withheld. Should the Contractor solicit and collect the connection charge from any subscriber prior to the time service is provided on the CATV system on twelve 12) channels, the Contractor shall post a bond with surety of a s rety company authorized to do business in the State of Florida, co di- tioned upon the Contractor refunding to any subscriber the amount paid by such subscriber for his initial connection charge, such amount to be reduced monthly on the basis of 1/24th of the initial connection charge per month beginning when the charge is paid The amount of such bond shall not exceed the sum of fifteen thou- sand dollars ($15,000.00) and such bond shall not be required in 12 any amount for any purpose after the expiration of two (2) years from the receipt by the Contractor of the first initial connection charge and provided, further, that in lieu of the surety hereinabove provided, the Contractor may make such bond without surety and it may pledge as security the deposited funds of the Contractor in any bank in the City, which deposit shall at all times equal the total potential liability of the Contractor under the terms of the bond, not exceeding, however, the tota sum of fifteen thousand dollars ($15,000.00) . Section 18. Consideration . In consideration for the granting of this Franchise aid the consideration which the Contractor shall pay for the gran ing of this Franchise shall be three (3%) percent of the annual g oss subscriber revenue received by the company for CATV services rendered to customers located within the City. Section 19. Special Agreement. As a condition of this Franchise the Contractor agrees that it will not engage in the business of repair of televeision receivers owned by its subscribers or will it be responsible for the operating conditions of said receivers. Any service furnished by the Contractor to the subscriber shall terminate at the point of connection of the Contractor' s facilities to the subscribe ' s receiver. Section 20. Effective Date. Contractor shall have thirty (30) days after final pas- age of this Ordinance granting a Franchise within which to file with the City Clerk of the City a written acceptance of this Ordinance and the Franchise herein granted, agreeing that it will comply with all the provisions and conditions thereof and it will refrain from doing all things prohibited by said Ordi- nance. Failure to file said written acceptance within the pe iod of time specified shall render this Ordinance and the Franchi e granted, void. 13 Section 21 . Savings Clause. If any section, subsection, sentence, clause, phrase or portion of this Franchise agreement is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. The foregoing Ordinance No. 211 was read and passed or its first reading by the City Council of the City of Zephyrhills, 3 vovs Florida, �lorida, on the day of 1973. o President of City Council Attest : ity Clerk The foregoing Ordinance No. 211 was read and passed on its se.co-nd reading by the City Council of the City of Zephyrhills, Florida, -on the l7 day of 1�,' 973. • 1 / ,'j President of City Council Attest : ity Clerk i The foregoing Ordinance No. 211 was read and passed o i I; ;its third reading by the City Council of the City of Zephyrhills Florida, on the /2 day of -� � , 1973. ti President of City Council (Attest : % ty Clerk l' The foregoing Ordinance No. 211 approved by me this 1l day of Sc-424p_hi x:12 , 1973. Mayor The above and foregoing Ordinance and Franchise is, hereby accepted, and filed, pursuant to its terms with the City Council of Zephyrhill, Florida . CENTRA- FLORIDA CABLEVISION, INC. By Sec eJ ary 14 Affidavit for Prt of Pub.U... ox.t THE ZEPHYRHILLS NEWS Published Weekly Zephyrhills, Pasco County, Florida STATE OF FLORIDA, COUNTY OF PASCO: Before the undersigned authority personally appeared ----George 11._Wieksirom----------- ---- who ion oath says that he ' is -------editor----------------------- TO-WHOM IT M tY- CONCERN: of The Zephyrhills News, a newspaper published at Zephyrhills than a p b is hearring will beiha a i in Pasco County, Florida; that the attached copy of advertise- by the cty Council of the• Clty 'ot Gephyrhills at the Municipal Build- off a cable television franchise of meat, being a_-1LOf3Q@--------------------- 7 P. Nove be t13,e 197gran 1 at Florida,oda, on November 15, 1972, nr: . t of_ _��b�.e_ �J.eY lion----- the City of zephyrhills. in the matter of - sn xigi --- • . All interested persons. includifig • applicants for such franchise, are franchise-fnr-_the__G1ty_of__Z_ephyrhilla.____-___-.___. invited to.attend this hearing. All , this _ persons or organizations desiring to be heard on this matter shoo ---- --- ------- m the so notify the Clty Werk's OYflce and Cont, was published in said newspaper in the issues of be placed on the agenda for public haering. CITY .OF ZEPHYRHILLd -.51 piember--283--Qotober__5,-12s-1�s-172.--------- By John Phillips Jr. City Clerk -------------------- (Sept.-23:' Oct. 5. 12. 19) ---------------------- Affiant further says that said Zephyrhills News is a newspaper published at Zephyrhills, in said Pasco County, Florida, and that the said newspaper has heretofore been continuously published in said Pasco County, Florida, each week and has been entered as second cla�s mail matter at the post office in Zephyrhills, in said Pasco County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he = has neither. paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in the said news- paper. Editor Sworn to and subscribed before me this 19 day of 0Qtobr_-__ .---.--, 19-72 \otary Public. et large (SEAL) commission expires .. ------- -------=- - Affidavit for Pi f of Publieatior� THE ZEPHYRHILLS NEWS Published Weekly Zephyrhills, Pasco County, Florida STATE OF FLORIDA, COUNTY OF PASCO: Before the undersigned authority personally appeared ---------------------------------- who on oath says that he is .__ed]_tor-------------------------- of he Zephyrhills News, a newspaper published at Zephyrhills � � R'o 9EDD1S6R� in Pasco County, Florida; that the attached copy of advertise- gamed bids will be received at th Oder_ office of the City Clark, in the Ctt meat, being a___-_N4 ]�oQ ___--s-------------------------- Hall. ZephyrhUls, p'lorlds, until 6: P.M., February 12, 1974. for the fol -- I-- ---------------------------------------------------- lowing: Bid able osals Written proposals pertaining to in the matter of ____ -----On C PV Prop- ----------------- - ------------- providing Cable TV service for Zephyrl*RUs, Florida. Bids must be.ln a sealed envelo plainly marked, "Bid on Cable in the ---------------- proposals." The City of Zephyr- -- ---------------------. hills reserves the right to walFs Court, was published in said newspaper in the issues of .__________.__. technicalit[ee or IrregularitDes,, to reJect any or all bids and/or to"s ' 3211]Sry_18_anC1_2i--1 --—_973E----------------------------- - cbeaeet that std deemed . be is ills t breat of the Cityy. John Phillips. Jr. ----------------------------------- i City Clerk Zephyrhtlla, Florida 3369 ---------- -----_-__-____-__- (January 18 and 26,.1971) Affiant further says that said Zephyrhills News is a newspaper published at Zephyrhills, in said Pasco County, Florida, and that the said newspaper has heretofore been continuously published in said Pasco County, Florida, each week and has been entered as second class mail matter at the post office in Zephyrhiils, in said Pasco Cqunty, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he sIM has neither paid nor promised any person, firm or co4•poration any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in the said news- paper. ---- ---------- -- / Editor Sworn to and subscribed before me this . 1St day of --rebruAT3t- , 19 73 Notary Public. ( .'EA1.1 Via ;na}mi odors rxpires 1 THIS IS TO CERTIFY THAT ORDINANCE NO. 211 HAS BEEN POSTED IN TWO PUBLIC PLACES, NAMELY, THE CITY HALL AND THE U. S. POST OFFICE FOR A PERIOD OF FIFTEEN DAYS.. THE ORDINANCE ti>IA.S .POSTED IN THE CITY HALL AND U. S. POST OFFICE ON September. 18, } _73 . AND REMAINED POSTED IN SAID. CITY • HALL AND U. S. POST OFFICE UNTIL October 11 , 19 _. T R r/ "ZEPHYRHILLS? FLORIDA.