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r7bE <br /> • CITY OF MONTICELLO, MINNESOTA <br /> ORDINANCE NO. 514 <br /> AN ORDINANCE GRANTING A FRANCHISE TO THE CITY OF <br /> MONTICELLO D/B/A OR OPERATING AS FIBERNET MONTICELLO <br /> TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM <br /> AND PROVIDE CABLE SERVICE IN THE CITY OF MONTICELLO, <br /> MINNESOTA. <br /> RECITALS <br /> 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by <br /> and between the City of Monticello, a municipal corporation of the State of <br /> Minnesota ("City") and the City of Monticello d/b/a FiberNet Monticello, a <br /> municipally owned public utility and public service enterprise ("FiberNet"). <br /> 2. FiberNet Monticello was created by the City to provide telecommunications <br /> services to City residents and businesses pursuant to Minnesota Statutes <br /> Chapter 237, in particular §237.19, and its activities are governed by the City <br /> Council and City Code Title 2, Chapter 9. <br /> • 3. Pursuant to Minnesota Statutes Chapter 238, in particular §238.08 and City <br /> Ordinance No. 419 ("Cable Ordinance"), the City is authorized to grant and issue <br /> a non-exclusive franchise authorizing FiberNet to provide cable service and <br /> construct, operate, and maintain a cable system in the City subject to Chapter <br /> 238 to the same extent as any nonpublic cable communications system. <br /> 4. Upon evaluation of FiberNet's technical, financial, legal qualifications, <br /> completion of franchise negotiations, and as a result of a public hearing, 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 FiberNet Monticello. <br /> 5. This Franchise is nonexclusive and is intended to comply withapplicable laws <br /> and regulations. Any applicable requirement established by Min. Stat. 238.084 <br /> or other state or federal law not expressly incorporated in this Franchise shall be <br /> deemed incorporated by reference as though fully set forth herein. <br /> 6. This Franchise is not intended to grant a franchise to FiberNet on terms that <br /> are more favorable or less burdensome than those in the existing cable franchise <br /> with Charter Communications or any future franchisee. Should Charter <br /> Communications or any future franchisee believe that any cable)franchise issued <br /> by the City is more favorable or less burdensome than those in an existing <br /> franchise, that franchisee shall have the right provided by Ordinance 419 to <br /> • <br /> City of Monticello Ordinance 514 1 <br />