Dinnel moved and Berkner seconded that the following resolution be adopted:

RESOLUTION 02-053

ADOPTING ORDINANCE 02-02AN ORDINANCE AMENDING THE CABLE COMMUNICATIONS ORDINANCE REGARDING THE UPGRADE OF THE SYSTEM

WHEREAS, the City of Ortonville (“City”) has a franchise with Midcontinent Communications, G.P. (“Company”) for the construction and operation of a cable communications system within the City (“Agreement”); and

WHEREAS, the completion of the upgrade was scheduled for September 4, 2002, and

WHEREAS, the City and the Company are now in agreement that an extension to November 30, 2002 is required.

The City Council of the City of Ortonville hereby ordains:

1.                  The Cable Communications Ordinance, Section 4.1 is hereby amended to change the completion date of the upgrade of the cable communications system in the City to November 30, 2002. 

2.                  Except as modified by paragraph 1 above, all other terms, conditions, provisions and requirements of the Agreement shall remain in full force and effect.  Neither party waives any rights it may have pursuant to the Agreement, State or Federal law.

3.                  The Company, if it accepts this Ordinance and the rights and obligations hereby granted, shall file with the City its written acceptance of this Ordinance.

4.                  This Ordinance shall be effective upon its passage and publication in accordance with law.

Upon roll call vote the following voted aye for said Resolution: Dinnel, Sellin, Berkner, Reinke, Dorry, and the following voted nay: none.

Resolution 02-053 passed, adopted, and approved this 3^rd day of June 2002.

                                                                        APPROVED:

            _____________________

                                                                        David Dinnel

                                                                        Mayor

ATTEST:

_____________________

Roman C. Taffe

City Clerk-Administrator