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City of Elk CITY OF ELK RIVER, MINNESOTA River ORDINANCE NO. 19 -- An Ordinance Granting a Franchise to CC VIII Operating LLC L/K/A Charter Communications to Construct, Operate, and Maintain a Cable System and Provide Cable Service in the City of Elk River, Minnesota. REPEAL AND REPLACE Ordinance 05-02, granting a cable franchise to CC VIII Operating LLC L/K/A Charter Communications is hereby repealed in its entirety and replaced with the following: RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Elk River, a municipal corporation of the State of Minnesota ("City") and CC VIII Operating LLC 1/k/a Charter Communications, a limited liability company ("Grantee"). 2. Pursuant to Ordinance No. 19- ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a Cable System in the City. 3. The Grantee has requested that its current franchise be renewed pursuant to Section 626(h) of the Cable Act. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to renew the Franchise with Grantee. 5. This Franchise is nonexclusive and is intended to comply with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA HEREBY ORDAINS: SECTION (.GENERAL PROVISIONS Section 1.1 Definitions. Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will be as defined in applicable law. 526220v5 RJV SH255-14