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ORDINANCE NO.97-50 <br />AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL <br />COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE <br />SYSTEM IN THE CITY OF LAKE ELMO; SETTING FORTH CONDITIONS <br />ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION <br />AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS -OF -WAY IN CONJUNCTION <br />WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING <br />PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; <br />The City Council of the City of Lake Elm ordains: <br />STATEMENT OF INTENT AND PURPOSE <br />The City intends, by the adoption of this Franchise, to bring about the further development of a <br />Cable System, and the continued operation of it. Such development can contribute significantly <br />to the communication needs and desires of the residents and citizens of the City and the public <br />generally. Further, the City may achieve better utilization and improvement of public services <br />and enhanced economic development with the development and operation of a Cable System. <br />Adoption of this Franchise is, in the judgment of the Council, in the, best interests of the City <br />and its residents. <br />FINDINGS <br />In the review of the request and proposal for renewal by Grantee and negotiations related thereto, <br />and as a result of a public hearing, the City Council makes the following findings: <br />1. The Grantee's technical ability, financial condition, legal qualifications, and character were <br />considered and approved in a full public proceeding after due notice and a reasonable <br />opportunity to be heard; <br />2. Grantee's plans for constructing, upgrading, and operating the System were considered and <br />found adequate and feasible in a full public proceeding after due notice and a reasonable <br />opportunity to be heard; <br />3. The Franchise granted to Grantee by the City complies with the existing applicable <br />Minnesota Statutes, federal laws and regulations; and <br />4. The Franchise granted to Grantee is nonexclusive. <br />I <br />