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Ord No 01-04-1808ORDINANCE NO.01 -04-1 808 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO FRANCHISES;CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C.TO ATLANTIC BROADBAND,L.L.C.;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. WHEREAS,the Mayor and City Commission of the City of South Miami have grantedacable television franchise pursuanttoacable television franchise agreement to Charter Communications,L.L.C.("Franchisee");and, WHEREAS,Atlantic Broadband (Miami),L.L.C.("Atlantic"),andtheFranchisee enteredintoan Asset Purchase Agreement,dated September 3,2003(the "asset purchase agreement"),pursuant to which thefranchise will be assigned to Atlantic;and, WHEREAS,the Franchisee,as Transferor-Assignor,and Atlantic,as Transferee- Assignee,submitted anapplicationfortransfer of control of cable television franchise (FCCForm 394)on September 22,2003,tothe city requesting consent to the assignment of thefranchiseasaresult of theassetpurchaseagreement;and, WHEREAS,the Mayor and City Commission desireto consent to the assignment, subject to acceptance of the terms and conditions setforth herein,having determined that such consent is consistent with the terms of the Franchise and in the best interest of the city. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The city consents tothe assignment of thefranchisefromCharter Communications,L.L.C.to Atlantic Broadband,L.L.C,effective as of the closing date pursuanttotheassetpurchaseagreement.Atlantic shallbe responsible forany obligationsandliabilitiesunderthe franchise aftersuchclosingdate. Section 2.The city confirms that(a)thefranchiseis valid and outstanding and infullforceand effect;(b)there have been no amendments or modifications tothe franchise,except assetforthherein;(c)tothe best of the city's knowledge,the Franchiseeis materially in compliance with theprovisions of thefranchise;and(d)tothe best of the city's knowledge,therearenodefaultsunderthefranchise,or events which, with the giving of notice orpassage of timeorboth,could constitute events of default thereunder. Additions shownbyunderlininganddeletionsshownbyoverotrildng. Page 2 of Ord.No.01-04-180; Section 3.The clerk of theCity of South Miamiis authorized to enter into, execute and deliver inthe name andon behalf of the City of South Miamia certificate, along with such other documents asmaybe necessary evidencing the ordinance without further act of this governing body,provided,however,Atlantic within three months of approval of this ordinance,enters into negotiations to renew the franchise,which isto expire on July 30,2005. Section 4.If any section,clause,sentence,or phrase of this ordinance isfor any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shallnot affect the validity of the remaining portions of this ordinance. Section 5.All ordinances orparts of ordinances in conflict withthe provisions of this ordinance are repealed. Section 6.This ordinance shall be codified and included in the code of ordinances. Section 7.This ordinance shalltake effect immediately upon enactment. PASSED AND ADOPTED this 3rdday of February ,2004. ATTEST:APPROVED: n).qiL^a ITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 1st Reading-1 (/6/o 4 ,ndTa Reading-2/3/04 COMMISSION VOTE:5-0 Mayor Feliu:Yea Vice Mayor Russell:Yea Commissioner Wiscombe:Yea Commissioner Bethel:Yea Commissioner McCrea:Yea J:\My Documents\resolutions\Ordinance transferring Charterto Atlanlic02.03.04.doc Additions shownbyunderlininganddeletionsshownby WORLD MDHA Project Manager/Telephone No.: Joe Chang (5)305-644-5241 RPQ:MDHA 03662E-PETERS PLAZA WINDOWS & WALL A/C &ACCESSORIESREPLACEMENT& PAINTING -DEVELOPMENT No.FLA.5-039/Trade: GENERALCONTRACTOR-Description:(1) Replacement of existing rearwindows with screens;(2) Turnkey Project for the replacement offifty-one (51)Wall Units A/C 15,000 BTUH,A/C Circuit Breakers& Receptacles;replace and install 102 new wall casesand exterior rear grilles.-Est.Cost:$496,205 -RPQ Bid Due Date:February 24,2004 at 10:00 A.M.(Non- Mandatory Site Meeting -1/26/04 @ 10:00 a.m.- Location:Peter's Plaza,191NE75Street,Miami) Bid Document Pick-up Location &Date:1401 NW 7th Street,Bldg.'C (33125)on 1/20/04 MDHA Project Manager/Telephone No.: Leopoldo Avbar(5)305-643-8553 RPQ:MDHA 04613E -RAINBOW VILLAGE DAY CENTER-ROOFING -PROJECTNo.FLA.5-032/ Trade:ROOFING CONTRACTOR -Description:Roof Replacement.-Est.Cost:$41,900 -RPQ Bid DueDate: NO.27711M/Trade:GENERAL .ENGINEERING CONTRACTOR -Description:Provide 3D underground mapsofburied utilities andotherunderground structures with ground penetrating imaging radar.-Est.$98,000 - RPQBidDueDate:February 5,2004at11:00 A.M. (Mandatory Site Meeting -1/29/04 @ 11:00 a.m.- Location:3071SW38Ave.,Miami) Bid Documents:-Will beavailableatSite Meeting Cone of Silence Miami-Dade County's "Cone of Silence"Ordinance 98- 106 (Section 2-11.1(t)ofthe Code)approved by the Board of County Commissioners asof July 21,1998, and amended January 29,2002,is adopted herein.This ordinance specifically prohibits communication in regard tothesebid solicitation with County Staffexceptby written means with copy filed with Clerk ofthe Board. Certain exceptions are made suchas oral communication during pre-bid conferencesand communications with thosepersons defined inthe ordinance regarding matters of process or procedure already contained in the solicitation document.The "Coneof Silence"takeseffectupon advertisement for bidsandterminateswhenrecommendationforAwardis madebytheCounty Department. Freedom Schooner AMISTADAmerica,Inc.*746 Chapel Street *NewHaven,CT06510*(203)495-1839 *tollfree (866)AMISTAD *fax (203)495-9647 *info@amistadainerica.org *www.amistadamerica.org NOTICEOFPUBLICHEARING NOTICE ISHEREBYgiventhattheCityCommissionoftheCityof SouthMiami,Florida will conduct aPublic Hearing duringitsregular City Commission meeting Tuesday,February 3,2004 beginning at 7:30p.m.,intheCityCommissionChambers,6130Sunset Drive,to consider 2nd Readingofthe following described ordinance(s): ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO FRANCHISES:CONSENTING TOTHE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C.TO ATLANTIC BROADBAND,LLC;PROVIDING FOR SEVERABILITY,ORDINANCESIN CONFLICT,ANDAN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office,Monday -Friday during regular office hours. Inquiries concerning this item should be directed to the City Manager's Office at 305-603-2510. ALL interested parties are invited to attend and will be heard. Maria M.Menendez Interim City Clerk City of South Miami Pursuantto Floiida Statutes 286.0105,Uio Cityherebyadvises tho publicthatifaperson decidestoappealanydecision madebythis Board.Agency or Commission with respect to anymatter considered atits meeting or hearing,hoorshe will need a recordoftho proceedings,andthattorsuchpurpose,alfected personmayneedto ensurothata verbatim recordofthoproceedingsismadewhichrecord includes thotestimonyand ovidenceupon which the appeal Isto be based. www.eo.miaresi-tiade.ffl.us/sttSB'jjsSttflssal!©®/ Inspection allowed between the hours ol8:00 AM And 10.00 AM.on day olsalo.Terms wiH becash or Cashier's Clwck at Uie time ol sale.The sale win be subject lo the complete terms and conditions pubBshed asa legal notice and.the Rules olMiami-Dade County Auction Sales which mil beread atoud. The General Services Administration Direclor reserves toright to waive any formalities in or loreject any orallbids.AllvehiclesaresoldASIS. THE HERALD 1CI11&,1 UOI unpopular,"he told a small group of foreign journalists. It's said here that the head of a feast must welcome his enemy as an honored guest. And judging from Shevard nadze's living arrangement, that's exactly what the new rulers have done. In an odd twist,the stale has allowed its hated former presi dent to continue living in the presidential palace inTbilisi. Shevardnadze shares it for now with,ofall people,Saalc- ashvili —the man who deposed him. "I'll live here as long as they'll let me,"hesaid. Justhowlongthatwillbeis unclear.Heno longer hasthe support he used to have.Not even his old friend Gorbachev contacts Mm anymore. Shevardnadze didn't seem likethewily "Silver Fox"who just over a decade ago helped redraw part of the world map. He greeted his guests with ai.bW- |«olhwrafflBI -CiiAiiny_•FflEFWUWOfflHG M '^TORSk.v:\-a:v..',::-,]'O.JT,.,.I^TORJlg POM &HUMa^g/*MjMM^°^^*^' 1 ftjfi 1M1 •')«'-.«.-.ti'-'«--*;v'^--?:...:.-.•-•.•••!• rr~v'i""K«ii'iH3ipr'noroi I rrciionaro ir i auucoon/iorurnioi •——y- CITY OF SOUTH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the Cityof South Miami,Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday,February 3,2004 beginning at 7:30p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider2nd Reading ofthe following described ordinance(s):• AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO FRANCHISES;CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS LLC.TO ATLANTIC BROADBAND,LLC;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office,Monday -Friday during regular office hours. Inquiries concerning this item should be directed to the City Manager's Office at 305-660-2510. ALL interested parties are invited to attend and will be heard. Maria M.Menendez Interim City Clerk Cityof South Miami Pursuant toFlorida Statutes 286.0105,theCity hereby advises the public that ifa person decides to appeal any decision made bythisBoard,Agency or Commission with respect to any matter considered atits meeting or hearing,hoor she will need a record of the proceedings,andthat for suchpurpose,affected person may needto ensure thata verbatim recordoftheproceedingsismadewhichrecord Includes thetestimonyandevidenceupon whichtheappealistobe based..• •Memorials •Services Broward 954.524.2535 |Toll Free 1.866.860.6000,ext.8901 www.herald.com/obituaries FuneralServices Directory GROSSBERG&SON MEMORIAL CHAPEL FamilyOwnedand Operated Funerals andCasket Starting at $995 DirectCremation.VeryCompetitive. Callfor Prices 1-800-638-1113. 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