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O-11-99 02/08/1999VILLAGE OF LEMONT ORDINANCE NOi //- i5 AN ORDINANCE AMENDING CABLE TELEVISION FRANCHISE AGREEMENT WITH MEDIAONE OF NORTHERN ILLINOIS, INC. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8th day of February , 1999. 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 February , 1999 ORDINANCE a // AN ORDINANCE AlMENDING CABLE TELEVISION FRANCHISE AGREEMENT WITH MEDIAONE OF NORTHERN ILLINOIS, INC. WHEREAS, the Village of Lemont adopted the Cable Television Franchise Ordinance (0- 55-98) and the Village of Lemont Cable Television Franchise Agreement with MediaOne of Northern Illinois, Inc., on June 22, 1998; and WHEREAS, the language in the preamble of the franchise agreement refers to MediaOne, Inc., and WHEREAS, the language in Section 1: Grant of Franchise, Part A of the franchise agreement contradicts with language in Section 10: Effective Date /Acceptance By Grantee of the franchise agreement. NOW, THEREFORE, BE IT ORDAINED by the President and Trustees of the Village of Lemont as follows: 1. The first sentence of the franchise agreement be amended to read: "This agreement is made and executed by and between the Village of Lemont, Illinois (Village) and MediaOne of Northern Illinois, Inc. (Grantee)." 2. Section 1: Grant of Franchise, part A, be amended to read: "A. The Village hereby grants to the Grantee a non - exclusive Franchise to construct, operate and maintain a Cable Communication System within the public ways of the Village in accordance with the terms and conditions of this Agreement and the Ordinance. The Franchise shall become effective on the date of acceptance by the Grantee in compliance with this Agreement and with the Ordinance for a period of fifteen (15) years." 3. As permitted in Section 10: Effective Date /Acceptance By Grantee, the Grantee shall have thirty (30) days from the date of adoption of this Ordinance to accept the Franchise in the duly notarized format detailed below: ti ACCEPTANCE OF VILLAGE OF LEMONT CABLE TELEVISION FRANCHISE Now, this Is' day offfkâ–º,v , 1999, the Company, having been advised by the Village of Lemont, Illinois, that by the Village of Lemont Cable Television Franchise Ordinance passed by the President and Board of Trustees on the 22nd of June, 1998, and amended on the %-WI of reln.tavt), 1999, a franchise according to the provisions, terms, and conditions of the Ordinance was granted to the Company to establish, construct, operate, and maintain a cable television system with the Village of Lemont, and to comply fully and in all respects with the terms, conditions, and provisions of the Ordinance, does hereby accept said franchise as therein provided. ATTEST: STATE OF ILLINOIS ) COUNTY OF DuPAGE ) ss: MediaOne of h- Illi is, Inc. By: Title: I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that 5Q.itit. P)9 r iLe ( , and 6Hci4Q411L c )o J the nO p y o l o n;) and ( ) - ( i m i n . { f . , of the Company personally known to me to be the same person whose name(s) is /are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed, and delivered the said instrument as their free and voluntary act and the free and voluntary act of the Company, and that they were fully and duly authorized by the Company to so subscribe, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal, this I6 -th day of fe,bMQv9 , 19/9 . OFFICIAL SEAL SHARON L PEARSON NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES:05 /22/01 Notary Public PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL, & DU PAGE COUNTIES, ILLINOIS on this 8th day of February , 1999. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Attest: AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 8th daj of February ,1999. Inis '"ARD A. KWASNESKI, Village President ARLENE SMOLLEN, Village Clerk Approved as to Form: Village Attorney Date: