01-06-04 Item 13/3
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 FRANCHISES; CONSENTING TO THE ASSIGNMENT OF CABLE
6 TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS
7 L.L.C. TO ATLANTIC BROADBAND, L.L.C.; PROVIDING FOR
8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami have
12 granted a cable television franchise pursuant to a cable television franchise agreement to
13 Charter Communications, L.L.C. ("Franchisee"); and
14
15 WHEREAS, Atlantic Broadband (Miami), L.L.C. ( "Atlantic "), and the Franchisee
16 entered into an Asset Purchase Agreement, dated September 3, 2003 (the "asset purchase
17 agreement "), pursuant to which the franchise will be assigned to Atlantic; and,
18
19 WHEREAS, the Franchisee, as Transferor - Assignor, and Atlantic, as Transferee-
20 Assignee, submitted an application for transfer of control of cable television franchise
21 (FCC Form 394) on September 22, 2003, to the city requesting consent to the assignment
22 of the franchise as a result of the asset purchase agreement; and,
23
24 WHEREAS, the Mayor and City Commission desire to consent to the assignment,
25 subject to acceptance of the terms and conditions set forth herein, having determined that
26 such consent is consistent with the terms of the Franchise and in the best interest of the
27 city.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1. The city consents to the assignment of the franchise from Charter
33 Communications, L.L.C. to Atlantic Broadband, L.L.C., effective as of the closing date
34 pursuant to the asset purchase agreement. Atlantic shall be responsible for any
35 obligations and liabilities under the franchise after such closing date.
36
37 Section 2. The city confirms that (a) the franchise is valid and outstanding and
38 in full force and effect; (b) there have been no amendments or modifications to the
39 franchise, except as set forth herein; (c) to the best of the city's knowledge, the
40 Franchisee is materially in compliance with the provisions of the franchise; and (d) to the
41 best of the city's knowledge, there are no defaults under the franchise, or events which,
42 with the giving of notice or passage of time or both, could constitute events of default
43 thereunder.
Additions shown by underlining and deletions shown by e �°� *r�g-
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Section 3. The clerk of the City of South Miami is authorized to enter into,
execute and deliver in the name and on behalf of the City of South Miami a certificate,
along with such other documents as may be 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 is to
expire on July 30, 2005.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall be codified and included in the code of
ordinances.
Section 7. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of , 20
APPROVED:
MAYOR
1St Reading —
2nd Reading
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
JAMy Documents\resolutions \Ordinance transferring Charter to Atlantic01.06.03.doc
Additions shown by underlinin :? and deletions shown by o �° �r4ng.
e,
F SUNDAY, DECEMBER I4 2003 1 58.
ouih Miami
F SOUTH MIAMI �
CI S
i
TICE OF PUBLIC'HEARING
NOTICE IS HERESY given that the City Commission of the City of
I
South Miami, Florida will conduct a Public Hearing during,its regular
City Commission meeting Tuesday, January 6, 2004 beginning at
j
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to,
consider 1 st Reading of the following described ordinance(s): '
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AF 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.
t ,
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
x
EFFECTIVE DATE
Said ordinance can be inspected in the City Clerk's Office,
e
Monday - Friday during regular office hours.
Inquiries concerning this item should be directed to the City
Manager's Office at 305 - 668 -2510.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez
Interim C'htv Clerk '
Lc%
City of Miami.
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a person decides to appeal any,deci- m
made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will
need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of
the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE FEBRUARY
10, 2004 GENERAL ELECTION OF THE MAYOR AND CITY
COMMISSIONERS FOR GROUPS, II AND III AND UNEXPIRED
TERM FOR COMMISSIONER FOR GROUP IV; PROVIDING FOR
ADDITIONAL LABOR HOURS TO CONDUCT EARLY VOTING IN
THE AMOUNT OF $3,000.00 TO BE CHARGED TO CONTIGENCY
ACCOUNT NO. 001 - 2100 -519 -9920; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of South Miami desires to schedule
the day, place and time of early voting by resolution; and
WHEREAS, that early voting requires additional Miami -Dade County Election's
Office staff labor hours to conduct early voting; and
WHEREAS, that the amount of $3,000.00 to pay for the additional labor to
conduct early voting will be charged to contingency account no. 001 - 2100 -519 -9920.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That early voting for the 2004 General Election will be conducted
the week of Monday, February 2, 2004, through Friday, February 6, 2004. The polls
shall open precisely at 7:00 a.m., and close precisely at 7:00 p.m.
Section 2. Voting shall be conducted at City Hall, 6130 Sunset Drive, South
Miami, Florida.
Section 3. The City Clerk shall publish notice of such general election once a
week for four consecutive weeks next preceding the general election in a newspaper of
general circulation in South Miami. The notice shall contain the date, time, and place of
the general election and identify the commission groups.
Section 4. This resolution shall become effective upon adoption thereof.
Additions .shown by underlining and deletions shown by aver -st �g.
I PASSED AND ADOPTED this day of
2
3 ATTEST:
4
5 _
6 CITY CLERK
7
8
9
10 READ AND APPROVED AS TO FORM:
11
12
13 CITY ATTORNEY
14
15
16
17
18 JAMy Documents\resolutions\resolution 2004 General Election Early Voting.doc
2004.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner McCrea:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by a<,°o g.
City of South Miami
INTER - OFFICE MEMORANDUM
TO: Honorable Mayor, Vice Mayor Date: January 6, 2004
and City Commission
FROM: Maria M. Menendez Re: Agenda Item #
Interim City Clerk Comm. Mtg 01/06/04
Early Voting
(Feb. 10, 2004 Elections)
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO THE FEBRUARY 10, 2004 GENERAL
ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, II AND
III AND UNEXPIRED TERM FOR COMMISSIONER FOR GROUP IV; PROVIDING
FOR ADDITIONAL LABOR HOURS TO CONDUCT EARLY VOTING IN THE
AMOUNT OF $3,000.00 TO BE CHARGED TO CONTIGENCY ACCOUNT NO. 001-
2100 -519 -9920; PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
With regard to `Early Voting," the City Clerk's office contacted the Miami -Dade County
Office of Elections and gathered the following information provided by Deputy
Supervisor of Elections Operations, Penny Townsley:
Early Voting was first conducted in Miami -Dade County in the primary elections of
September, 2002 and again in November, 2002. Early Voting is not State regulated at
the present time, however, Ms. Townsley informed us that there will be some proposed
legislation on this issue at the next State Legislation session. In other words, at the
present there is no formalized procedure to conduct Early Voting. However, Ms.
Townsley referred to F.S. 101.657 section (2) (Voting absentee ballots in person) as the
authority by which the County administers Early Voting.
J:\My Documents\resolutions \Resolution Memo Early Voting2004.doc
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE FEBRUARY
5 10, 2004 GENERAL ELECTION OF THE MAYOR AND CITY
6 COMMISSIONERS FOR GROUPS, II AND III AND UNEXPIRED
7 TERM FOR COMMISSIONER FOR GROUP IV; PROVIDING FOR
8 ADDITIONAL LABOR HOURS TO CONDUCT EARLY VOTING IN
9 THE AMOUNT OF $3,000.00 TO BE CHARGED TO CONTIGENCY
10 ACCOUNT NO. 001 - 2100 -519 -9920; PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, the City Commission of the City of South Miami desires to schedule
14 the day, place and time of early voting by resolution; and
15
16 WHEREAS, that early voting requires additional Miami -Dade County Election's
17 Office staff labor hours to conduct early voting; and
18
19 WHEREAS, that the amount of $3,000.00 to pay for the additional labor to
20 conduct early voting will be charged to contingency account no. 001 - 2100 -519 -9920.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. That early voting for- the 2004 General Election will be conducted
26 the week of Monday, February 2, 2004, through Friday, February 6, 2004. The polls
27 shall open precisely at 7:00 a.m., and close precisely at 7:00 p.m.
28
29 Section 2. Voting shall be conducted at City Hall, 6130 Sunset Drive, South
30 Miami, Florida.
31
32 Section 3. The City Clerk shall publish notice of such general election once a
33 week for four consecutive weeks next preceding the general election in a newspaper of
34 general circulation in South Miami. The notice shall contain the date, time, and place of
35 the general election and identify the commission groups.
36
37 Section 4. This resolution shall become effective upon adoption thereof.
38
39
40
41
42
43
Additions shown by underlining and deletions shown by everst �g.
I PASSED AND ADOPTED this day of
2
3 ATTEST:
4
5
6 CITY CLERK
7
8
9
10 READ AND APPROVED AS TO FORM:
11
12
13 CITY ATTORNEY
14
15
16
17
18 J:\My Documents\resolutions\resolution 2004 General Election Early Voting.doc
2004.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner McCrea:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by e r}lfg.
Ch. 101 VOTING METHODS
History. —s. 5, ch. 7380, 1917; RGS 372; COL 433; s.1, ch. 25385, 1949; s. 5,
ch. 26870,1951; s. 35, ch. 28156,1953; s. 23, ch. 29934,1955; s. 34, ch. 65 -380;
s. 4, ch. 71 -149; s. 9, ch. 72 -63; s. 2, ch. 73 -105; s. 7, ch. 73 -157; ss. 3, 4,ich.
75 -174; s. 23, ch. 77 -175; s. 2, ch. 81 -106; s.'10, ch. 81 -304; s. 11, ch. 82 -143; s.
7, ch. 83.251; S. 3, ch. 85 -226; s. 2, ch. 86 -33; s. 589, ch. 95 -147; s. 5, ch. 96 -57;
s. 16, ch. 98 -129; s. 33, ch. 99.2.
Note.— Former s. 101.05.
101.655 Supervised voting by absent electors in
certain facilities.
(1) The supervisor of elections .of a county shall
provide supervised voting for absent electors residing
in any assisted living facility, as defined'in s. 400.402,
or nursing home facility, as defined in s. 400.021, within
that county at the request of any administrator of such
a facility. Such request for supervised voting in the facil-
ity shall be made by submitting a written request to the
supervisor of elections no later than 21 days prior to the
election for which that request is submitted. The
request shall specify the name and address of the facil-
ity and the name of the electors who wish to vote
absentee in that election. If the request contains the
names of fewer than five voters, the supervisor of elec-
tions is not required to provide supervised voting.
(2) The supervisor of elections may, in the absence
of a request from the administrator of a facility, provide
for supervised voting in the facility for those persons
who have requested absentee ballots. The supervisor
of elections shall notify the administrator of the facility
that supervised voting will occur.
(3) The supervisor of elections shall, in cooperation
with the administrator of the facility, select a date and
time when the supervised voting will occur.
(4) The supervisor of elections shall designate
supervised voting teams to provide the services pre-
scribed'by this section. Each supervised voting team
shall include at least two persons. Each supervised vot-
ing team must include representatives of more' than
one political party; however, in any primary election to
nominate party nominees in which only one party has
candidates appearing on the ballot, all supervised vot-
ing team members may be of that party. No candidate
may provide supervised voting services.
(5) The supervised voting team shall deliver, the
ballots to 'the respective absent electors, and each
member of the team shall jointly supervise the voting of
the ballots. If any elector requests assistance in voting,
the oath prescribed in s. 101.051 shall be completed
and the elector may receive the assistance of two
members of the supervised voting team or some other
person of the elector's choice to assist the elector in
casting the elector's ballot.
(6) Before providing assistance, the supervised
voting team shall disclose to the elector that the ballot
may be retained to vote at a later time and that the elec-
tor has the right to seek assistance in voting from some
other person of the elector's choice without the pres-
ence of the supervised voting team.
(7) If any elector declines to vote a ballot or is
unable to vote a ballot, the supervised voting team shall
mark the ballot "refused to vote" or "unable to vote."
(8) After the ballots have been voted or marked in
accordance with the provisions of this section, the
supervised voting team shall deliver the ballots to the
supervisor of elections, who
to s. 101.67.
History. —s. 6, ch. 96 -57.
.101.657 Voting absentee ba
(1) Notwithstanding s. 97.0'4
registered elector who is unabl(
election day may pick up and v
in person at the office of, and ur
the supervisor of elections. Befc
the elector must. present a Flo
Florida identification card issue
another form of picture.identific
Department of State. If the elei
required identification, or if the s
to the identity of the elector, the
the procedure prescribed in s. 1
(2) As an alternative to the p
101.647, and 101.65, the supef
allow an elector to cast an abse
or branch office of the supervi
voted ballot in a voting device us
collect or tabulate ballots. The re
not be made before the close c
day.
(3) The elector must provid
and must complete an In -Office
stantially the following form:
IN- OFFICE VOTER
retain them
ots in persoi
(1), any qual
to attend the
to an absent
ter the supers
e receiving tt
da driver's Iii
under s. 32;
fails to
visor is
1.49.
Visions of a
isor of elect
tee ballot in
Dr by depo
J by the sup
alts or tabuli
the polls or
picture
I; _, am a qualified, and re� isteredi
County; Florida. I do solemnly sv daror a
the person so listed on the voter`= regisl
County and that I reside a 6. the lisi
understand that if I commit or at empt.to
in connection with voting, vote fraudd
vote more than once in an electio l I couie
of a felony of the third degree. and bot
$5,000 and imprisoned for up to 5 years:
that my failure to sign this ce'rtiff� ate. and
nature witnessed invalidates my. aallot I
vote an absentee ballot because I anion
the polls on election day.
(Voter's Signature)
— (Address)
(City /State)
`. .f
(Name of Witness)
(Signature of Witness)
(Type of identification provided)
(4) Any elector may challer
cast an absentee ballot undi
101.111. Any challenged.ballot
ular absentee ballot envelope.
shall review the ballot and deci(
lot by majority vote. -
(5) The canvass of return:
this section shall be substanti
752
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