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CITY OF ELK RIVER, MINNESOTA <br />ORDINANCE NO.23-04 <br />AN ORDINANCE GRANTING A FRANCHISE TO TEKSTAR COMMUNICATIONS, INC. TO <br />CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE <br />SERVICE IN THE CITY OF ELK RIVER, MINNESOTA. <br />1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City <br />of Elk River, a municipal corporation of the State of Minnesota ("City") and Tekstar Communications, <br />Inc. ("Grantee"). <br />2. Pursuant to the City's cable regulatory ordinance ("Cable Ordinance"), the City is authorized <br />to grant 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. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise <br />negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City <br />and its residents to grant the Franchise to Grantee. <br />This Franchise is nonexclusive and is intended to comply with applicable laws and regulations. <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER HEREBY ORDAINS: SECTION 1. <br />GENERAL PROVISIONS <br />Section 1.1 Definitions. <br />Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the <br />meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that <br />are not defined here or in the Cable Ordinance will be as defined in 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 Cable <br />Ordinance must be delivered personally to any officer of Grantee or the City Administrator or deposited <br />in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, <br />addressed to the party to whom notice is being given, as follows: <br />If to City: City of Elk River <br />Elk River City Hall <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: City Clerk <br />DOCSOPEN\SH255\ 16\843960.v2-2/3/23 <br />