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<br />CITY OF ELK RIVER, MINNESOTA <br />ORDINANCE #05-02 <br /> <br />AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERAirlNG LLC <br />D/B/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPEAATE, AND <br />MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN !THE CITY <br />OF ELK RIVER, MINNESOTA. <br /> <br />RECITALS <br /> <br />1. This Cable Franchise Ordinance ("Franchise") is made and ente~ed into by <br />and between the City of Elk River, a municipal corporation of the State of <br />Minnesota ("City") and CC VIII Operating LLC d/b/a Charter Commur1ications, a <br />limited liability company ("Grantee"). <br /> <br />2. Pursuant to Ordinance #05-01 ("Cable Ordinance"), the City is au~horized to <br />grant and issue a non-exclusive Franchise authorizing the Grantee !to provide <br />Cable Service and construct, operate, and maintain a Cable System in the City. <br /> <br />3. The Grantee has requested that its current franchise be renewed (:l>ursuant to <br />Section 626(h) of the Cable Act. <br /> <br />4. Upon evaluation of Grantee's technical, financial, legal qUf\lifications, <br />completion of Franchise negotiations, and as a result of a public hearirJlg, the City <br />finds that it is in the best interests of the City and its residents to grant and issue <br />the Franchise to Grantee. <br /> <br />5. This Franchise is nonexclusive and is intended to comply with applicable laws <br />and regulations. <br /> <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER HEREBY ORDAIINS: <br />SECTION 1. GENERAL PROVISIONS <br /> <br />Section 1.1 Definitions. <br /> <br />Unless otherwise defined herein, the terms, phrases, and words contained in this <br />Franchise have the meaning provided in the Cable Ordinance. Ter~s, phrases <br />and words contained in this Franchise that are not defined here or in the Cable <br />Ordinance will have their normal and customary meaning. <br /> <br />Section 1.2 Written Notice. <br /> <br />All notices, reports, or demands required to be given in writing i under this <br />Franchise or the Cable Ordinance must be delivered personally to any officer of <br />Grantee or the City Administrator or deposited in the United States mail in a <br /> <br />RJV -257202v] <br />SH255-1 <br />