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1 <br />ORDINANCE NO. 08-249 <br /> <br />AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF <br />MINNESOTA, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF <br />LAKE ELMO, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE <br />GRANT OF A FRANCHISE; PROVIDING FOR CITY REGULATION AND <br />ADMINISTRATION OF THE CABLE SYSTEM; TERMINATING THE PRIOR FRANCHISE <br /> <br />FINDINGS <br /> <br />1. The City of Lake Elmo, Minnesota (“City”), pursuant to applicable federal and state law, is <br />authorized to grant one (1) or more nonexclusive cable television franchises to construct, <br />operate, maintain and reconstruct cable television systems within the City limits. <br /> <br />2. Comcast of Minnesota, Inc., a Pennsylvania corporation (“Grantee”) has operated a Cable <br />System in the City, under a cable television franchise granted pursuant to a Cable Television <br />Franchise Ordinance approved in 1999. <br /> <br />3. Negotiations between Grantee and the City have been completed and the franchise renewal <br />process followed in accordance with Minnesota Statutes Chapter 238 and the Cable Act <br />(47 U.S.C. §546). <br /> <br />4. The City has determined that it is in the best interest of the City and its residents to renew <br />the cable television franchise with Grantee. <br /> <br />5. The Franchise granted to Grantee by the City is nonexclusive and complies with existing <br />applicable Minnesota Statutes, federal laws and regulations. <br /> <br />6. The City has exercised its authority under Minnesota law to enter into a Joint and <br />Cooperative Agreement with other cities authorized to grant cable communications <br />franchises, and has delegated authority to the Ramsey Washington Counties Suburban <br />Cable Communications Commission II to make recommendations to the City regarding <br />this Franchise and to be responsible for the ongoing administration and enforcement of this <br />Franchise as herein provided. <br /> <br />NOW, THEREFORE, THE CITY OF LAKE ELMO DOES ORDAIN that a <br />franchise is hereby granted to Comcast of Minnesota, Inc., to operate and maintain a Cable System <br />in the City upon the following terms and conditions: <br /> <br />SECTION 1 DEFINITIONS <br /> <br />For the purpose of this Franchise, the following terms, phrases, words, derivations and their <br />derivations shall have the meanings given herein. When not inconsistent with the context, words <br />used in the present tense include the future tense, words in the plural number include the singular <br />number and words in the singular number include the plural number. The word “shall” is always