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CITY OF ELK RIVER, MINNESOTA <br />ORDINANCE NO. 19-a <br />An Ordinance Granting a Franchise to CC VIII Operating LLC L/K/A <br />Charter Communications to Construct, Operate, and Maintain a Cable <br />System and Provide Cable Service in the City of Elk River, Minnesota. <br />REPEAL AND REPLACE Ordinance 05-02, granting a cable franchise to CC VIII <br />Operating LLC L/K/A Charter Communications is hereby repealed in its entirety and <br />replaced with the following: <br />RECITALS <br />1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between <br />the City of Elk River, a municipal corporation of the State of Minnesota ("City") and CC <br />VIII Operating LLC 1/k/a Charter Communications, a limited liability company <br />("Grantee"). <br />2. Pursuant to Ordinance No. 19-OZ("Cable Ordinance"), the City is authorized to grant <br />and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and <br />construct, operate, and maintain a Cable System in the City. <br />3. The Grantee has requested that its current franchise be renewed pursuant to Section <br />626(h) of the Cable Act. <br />4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of <br />Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best <br />interests of the City and its residents to renew the Franchise with Grantee. <br />5. This Franchise is nonexclusive and is intended to comply with applicable laws and <br />regulations. <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA <br />HEREBY ORDAINS: <br />SECTION (.GENERAL PROVISIONS <br />Section 1.1 Definitions. <br />Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise <br />have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in <br />this Franchise that are not defined here or in the Cable Ordinance will be as defined in <br />applicable law. <br />5262200 RJV SH255-14 <br />