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2002-27 ORDINANCE NO. 2002-27 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE FRANCHISE AGREEMENT BE'I'~NEEN THE CITY AND COMMUNITY CABLE TELEVISION BY EXTENDING THE EXPIRATION DATE OF THE FRANCHISE AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Community Cable Television d/b/a Comcast Cablevision, a Wyoming general partnership ("franchisee"), has a non-exclusive cable television franchise agreement with the City; WHEREAS, the subject franchise agreement with the City is scheduled to expire on April 22, 2008; WHEREAS, the City and the Franchisee have agreed to extend the term of the Community franchise so that it expires on the same date as the "TCI" franchise as both franchises are ultimately controlled by AT&T Comcast Corporation; and WHEREAS, an extension of a cable television franchise requires adoption of an ordinance by the City Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Expiration Date. The expiration date of the franchise described above is hereby extended from April 22, 2008 until April 23, 2009. Section 2. Severability. If any part, section, subsection, or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application Ordinance Nol 2002-27 Page 2 thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed prevision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed prevision or application. Section 3. Effective Date. This Ordinance shall take effect and be in force immediately upon its passage and adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on second reading. This motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Pertow yes yes yes yes yes yes yes PASSED AND ADOPTED on first reading this lStday of October, 2002. Ordinance No. 2002-27 Page 3 PASSED AND ADOPTED on first reading this lStday of October, 2002. PASSED AND ADOPTED on second reading this 12th day of November, 2002. J~r~F-'~REY ~. PERLOW, MAYOR APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY