Ordinance 2001-35 STATE OF ILLINOIS ) ,
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COUNTY OF KENDALL )
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ORDINANCE AMENDING ORDINANCE
GRANTING A FRANCHISE FOR A CABLE TELEVISION SYSTEM
IN THE UNITED CITY OF YORKVILLE
WHEREAS, TCI TKR of South Dade, Inc. ("AT&T Broadband") is the duly
authorized holder of a franchise, as amended to date,with the United Cily of Yorkville, Kendall
County, Illinois (the"City")pursuant to Ordinance dated
authorizing AT&T Broadband to serve the City and to operate and maintain a cable television
system; and
WHEREAS,the last one hundred and twenty(120) day extension of the original grant of
the franchise expires in July of 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
rights related thereto; and
WHEREAS, AT&T Broadband has no current plan and time line for the system
improvements necessary to provide system improvements necessary to provide local access
programming, and the amount of time required for AT&T Broadband to develop a plan and
estimate a time frame and to conclude negotiations and allow for public review will extend well
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 in 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 One.
Section Two:
The expiration date of the franchise shall be extended to July 21, 2002.
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 statutes.
PASSED THIS/ j 6ay of 3 ,2001.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
thip�EA Day of , A.D. 20)1.
MAY PR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this �( Dlay of , A.D. 20�j.
Attes
CIT CLERK