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O-995-96 07/08/96VILLAGE OF LEMONT ORDINANCE NO. ii -5.--- AN ORDINANCE APPROVING THE MERGER BETWEEN CONTINENTAL CABLEVISION, INC. AND U S WEST, INC. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8th day of July , 1996. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 8th day of July , 1996 ORDINANCE NO. ORDINANCE OF THE VILLAGE OF LEMONT APPROVING THE MERGER BETWEEN CONTINENTAL CABLEVISION, INC. AND U S WEST, INC. WHEREAS, Continental Cablevision of Northern Illinois, Inc., is the duly authorized holder of a franchise (as amended to date, the "Franchise ") authorizing the operation and maintenance of a cable television system and authorizing Franchisee to serve the Village of Lemont ( "Franchise Authority); and WHEREAS, Franchisee is a subsidiary of Continental Cablevision, Inc. ( "Continental "); and WHEREAS, Continental and U S WEST, Inc. ( "U S WEST ") have entered into an Agreement and Plan of Merger dated as of February 27, 1996 (the "Agreement "), subject to, among other considerations, any required approval of the Franchise Authority with respect thereto; and WHEREAS, in connection with the merger (the "Merger ") contemplated by the Agreement, the parent company Continental will merge with U S WEST or with a wholly -owned subsidiary of U S WEST; and WHEREAS, Franchisee will remain in place and continue to hold the Franchise; and WHEREAS, U S WEST may thereafter assign or transfer the control related to Continental to an entity controlling, controlled by or under common control with U S WEST; and WHEREAS, to the extent the Franchise requires, Continental and U S WEST now seek approval of the transfer of control from Continental to U S WEST; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF LEMONT AS FOLLOWS: SECTION 1. To the extent that the consent of the Franchise Authority is required by the terms of the Franchise and applicable law, the Franchise Authority hereby consents to the transfer of control of the Franchise, which is currently in full force and effect with no known outstanding defaults or breaches thereunder. SECTION 2. U S WEST may thereafter assign or transfer the Franchise or control related thereto to an entity controlling, controlled by or under common control with U S WEST upon notice to the Franchise Authority. SECTION 3. This Ordinance shall have the force of continuing agreement between Franchisee and the Franchise Authority shall not amend or otherwise alter this Ordinance without the consent of Franchisee and U S West. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 8th day of July , 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert AYES NAYS PASSED ABSENT vA CHARLENE SMOLLEN, Village Clerk Approved by me this 8th day . I ARIA_ 1996. Ma* .— • TA. K • SNESKI, Village President v Attest: MAGE- -HARLENE SMOLLEN, Village Clerk I, Charlene Smollen , being duly appointed, qualified and acting Clerk of the Village of Lemont, hereby certify that the foregoing Ordinance No. is a true, correct and accurate copy as duly and lawfully passed and adopted by the governing body of the Village of Lemont on the 8th day of July , 1996. LENE SMOLLEN, Village Clerk