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CITY OF ELK RIVER, MINNESOTA <br />ORDINANCE NO. 19-19 <br />AN ORDINANCE GRANTING A FRANCHISE TO SPECTRUM MID -AMERICA, LLC <br />L/K/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND <br />MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF <br />ELK RIVER, MINNESOTA. <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 <br />Spectrum Mid-America, LLC 1/k/a Charter Communications, a limited liability company <br />("Grantee"). <br />2. Pursuant to Ordinance No. '9-19 ("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 <br />best 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 HEREBY ORDAINS: <br />SECTION 1. 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 <br />in this Franchise that are not defined here or in the Cable Ordinance will be as defined in <br />applicable law. <br />Section 1.2 Written Notice. <br />All notices, reports, or demands required to be given in writing under this Franchise or the <br />Cable Ordinance must be delivered personally to any officer of Grantee or the City <br />Administrator or deposited in the United States mail in a sealed envelope, with registered <br />