Ordinance 2001-12 STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2001--,_
ORDINANCE AMENDING ORDINANCE NO. 2
GRANTING A FRANCHISE FOR A CABLE TELEVISION
SYSTEM IN THE UNITED CITY OF YORKVILLE
WHEREAS, TCI Illinois Holdings, LP, an Arizona Limited Partnership d/b/a AT&T
Broadband, l/k/a AT&T Broadband is the duly authorized holder of a franchise, as amended to
date,with the United City of Yorkville, Kendall County, Illinois (the "CITY")pursuant to
Ordinance No. dated , authorizing AT&T Broadband to serve
the CITY and to operate and maintain a cable television system; and
WHEREAS, the term of the current grant of the franchise expires on March 31, 2001; and
WHEREAS, the Mayor and City Council find and hereby declare that it is desirable and
in the best interest of the CITY to continue to franchise cable television systems; and
WHEREAS, AT&T Broadband and the CITY have been engaged in informal renewal
negotiations in accordance with Section 626(h) of Title VI of the Communications Act of 1934,
as amended; and
WHEREAS, the parties continue to reserve all rights under the formal procedures of
Section 626 of Title VI of the Communications Act of 1934, as amended, and do not waive any
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rights related thereto; and
WHEREAS, the amount of time required to conclude negotiations and allow for public
review will extend beyond the expiration date; and
WHEREAS, negotiations for a franchise renewal between AT&T Broadband and the
CITY are proceeding in good faith but have not yet concluded; and
WHEREAS, it is in the public interest to extend the current franchise for an additional
period of time so that cable service to the public will not be interrupted:
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois as follows:
Section One:
The foregoing recitals shall be and are hereby incorporated as findings of fact as if
said recitals were fully set forth within this Section On.
Section Two:
The expiration date of the franchise shall be extended one hundred and twenty
(120) days from the date of expiration.
Section Three:
This Ordinance shall be in full force and effect from and after its passage,
approval and publication in the manner provided by law.
Section Four:
It is an express condition of the grant of the extension provided herein that the
CITY and AT&T Broadband each fully preserve and retain any and all rights,
claims, actions, causes of action, or defenses which either may have heretofore
acquired under the original franchise grant. Neither the CITY, by the passage and
approval of this Ordinance, nor AT&T Broadband,by its acceptance, waives or
relinquishes any rights which either has or might have under the original franchise
grant or under any federal or state statues.
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,
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
AP ROVED by me, as ayor of the United City of Yorkville, Kendall County, Illinois,
this ay of A , A.D. 20 0 .
MAYOR
PAS D by the City Cotlicil of the United City of Yorkville, Kendall County, Illinois
this day of C " V02 , A.D. 20-4.
Attest: a�t w-I'l
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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