ORD 19-03CITY OF ELK RIVER, MINNESOTA
ORDINANCE NO. 19-a
An Ordinance Granting a Franchise to CC VIII Operating LLC L/K/A
Charter Communications to Construct, Operate, and Maintain a Cable
System and Provide Cable Service in the City of Elk River, Minnesota.
REPEAL AND REPLACE Ordinance 05-02, granting a cable franchise to CC VIII
Operating LLC L/K/A Charter Communications is hereby repealed in its entirety and
replaced with the following:
RECITALS
1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between
the City of Elk River, a municipal corporation of the State of Minnesota ("City") and CC
VIII Operating LLC 1/k/a Charter Communications, a limited liability company
("Grantee").
2. Pursuant to Ordinance No. 19-OZ("Cable Ordinance"), the City is authorized to grant
and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and
construct, operate, and maintain a Cable System in the City.
3. The Grantee has requested that its current franchise be renewed pursuant to Section
626(h) of the Cable Act.
4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of
Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best
interests of the City and its residents to renew the Franchise with Grantee.
5. This Franchise is nonexclusive and is intended to comply with applicable laws and
regulations.
THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA
HEREBY ORDAINS:
SECTION (.GENERAL PROVISIONS
Section 1.1 Definitions.
Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise
have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in
this Franchise that are not defined here or in the Cable Ordinance will be as defined in
applicable law.
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Section 1.2 Written Notice.
All notices, reports, or demands required to be given in writing under this Franchise or the
Cable Ordinance must be delivered personally to any officer of Grantee or the City
Administrator or deposited in the United States mail in a sealed envelope, with registered or
certified mall postage prepaid thereon, addressed to the party to whom notice is being given,
as follows:
If to City: City of Elk River
Attn: City Clerk
13065 Orono Parkway
Elk River, MN 55330
With copies to: Chair, Sherburne/Wright Counties Cable
Communications Commission
C/o City of City of Buffalo
212 Central Avenue
Buffalo, MN 55313
If to Grantee: Charter Communications
Attn: Government Affairs
16900 Cedar Avenue South.
Rosemount, MN 55068
With copies to: Charter Communications
Atm: VP of Government Affairs
601 Massachusetts Ave. NW, Suite 60OW
Washington, DC 20001
Such addresses may be changed by either party upon notice to the other party given as
provided in this Section.
SECTION 2. GRANT OF FRANCHISE
Section 2. i Grant.
a. Grantee is authorized to erect, construct, operate and maintain in, along, across,
above, over and under the Rights -of -Way, now in existence and as may be created or
established during the term of this Franchise any poles, wires, cable, underground conduits,
manholes, and other conductors and fixtures necessary for the maintenance and operation of
a Cable System in the City. Nothing in this Franchise shall be construed to prohibit the
Grantee from offering any service over its Cable System that is not prohibited by federal,
state or local law.
b. This Franchise is granted pursuant to the Cable Ordinance, in all cases subject to
and without waiving applicable law. This Franchise is a contract and except as to those
changes which are the result of the City's lawful exercise of its general police powers, the
City may not take any unilateral action which materially changes the explicit mutual promises
526220v5 RJV SH255-14
in this contract. In the event of any conflict between the provisions of this Franchise and
the Cable Ordinance, the provisions of this Franchise shall govern.
C. This Franchise shall be nonexclusive and City may grant additional Franchises at
any time. The City will not grant an additional Franchise on terms and conditions more
favorable or less burdensome than those in this Franchise and Grantee shall have all rights
provided by Section 14.4 of the Regulatory Ordinance in the even an additional Franchise(s)
is granted. The City may impose additional terms and conditions in any additional
Franchise.
d. The City shall comply with Section 14.4 of the Cable Ordinance in the event an
additional provider is legally authorized to provide Cable Service.
e. Grantee acknowledges the City's right to issue this Franchise. Upon acceptance
of this Franchise by Grantee as required by Section S herein, this Franchise shall supersede
and replace any previous ordinance or other authorization granting a Franchise to Grantee,
and all rights, obligations and claims under any previous Franchise are extinguished, except
that the Grantee's obligation to indemnify the City against claims that arose during the term
of the previous Franchise shall continue in full force and effect subject to applicable law.
Section 2.2 Franchise Term.
This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance
by the Grantee, unless sooner renewed or revoked.
Section 2.3 Service Area.
a. This Franchise is granted for the corporate boundaries of the City, as it exists
from time to time, subject to the density requirement of Section 2.3.b below. The City will
notify the Grantee in writing in the event the City annexes any areas that the Grantee will be
required to serve subject to Section 2.3b below.
b. The Grantee will extend its System and offer Cable Service, within a
reasonable time, after a request for Service, to areas with a density of at least nine (9)
residential units per one-quarter (1/4) cable mile of System, as measured from the nearest
accessible Cable System tie-in point actively delivering Cable Service as of the date of such
request for Service. Where the density is less than that specified above, the Grantee may
require that Persons requesting Service pay a portion of the cost of the capital cost of the
line extension in advance. The Grantee shall provide a free written estimate of the total cost
for extension and the required payment amount within fifteen (15) days of the request for
Service. The charge for Installation or extension for each Person requesting Service shall
not exceed a pro rata share of the actual cost of extending the Service. Subscribers shall also
be responsible for any standard/non standard installation charges to extend the Cable
System from the tap to the residence.
SECTION 3. SYSTEM
Section 3.1 System Capacity.
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Grantee will continue to operate a System providing a minimum of at least 75 video
programmed Channels throughout the term of this Franchise. The System must have return
capability and permit "narrowcasting" as provided in Section 4.2(c).
Section 3.2 Construction Deadline.
Except for Grantee's System extension obligations pursuant to Section 2.3, System
construction is substantially complete. Subject to Section 2.3b above, Grantee will use
commercially reasonable efforts to complete any System extension and construction of new
facilities for new developments contemporaneous with installation of other utilities. The
City shall provide reasonable and timely advance written notice of the location of all new
developments to Grantee.
SECiT ON CC®MMUNMY SERVICES
Section 4.1 Commercial Video Programming.
The Grantee will provide broad categories of video programming, including news, sports
and entertainment.
Section 4.2 PEG Access Facilities.
a. Access Channels. The Grantee shall continue to dedicate two (2) Channels
for public, education, and government access ("PEG Access") programming. The two (2)
PEG Access Channels must be cablecast on the Basic Cable Service tier. All Subscribers
who receive Cable Services offered on the System must receive the PEG Access Channels at
no additional charge. Only to the extent required by Minn. Stat. 5238.084, Subd. 1. (z) and
permitted by applicable law, the VHF spectrum must be used for the provision of at least
one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to
secure additional channels pursuant to Minn. Stat. 5 238.084, Subd. 1(z), and applicable FCC
regulations.
b. Responsibility for PEG Access. The City will operate, administer, and
manage PEG Access programming pursuant to this Section 4.2. The City may delegate its
PEG Access authority and responsibilities to the Commission. The Grantee acknowledges
that the Commission may coordinate the expenditure of Franchise Fees and PEG Capital
Fees by and among the Commission's member municipalities. Nothing herein shall obligate
the City to make equipment or channels available for public access programming or to any
particular programmer.
C. Narrowcast. The System currently allows one (1) PEG Access Channel to
be "narrowcast;" i.e. perrmts a program to be cablecast on such Channel for viewing solely
by Subscribers in one City while Subscribers in adjoining cities served by the Grantee and
who are members of the Commission simultaneously view other programming on that
Channel. Grantee shall continue to ensure that such narrowcasting is provided on the
System.
d. Live Origination. The Grantee shall continue to provide two-way capability
permitting transmission of live programming from the public institutional sites listed in
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Exhibit A-1 attached. The Grantee shall not be required to provide end-user equipment.
The City may designate relocated or additional live programming sites provided that the City
shall pay the actual construction cost of connecting such relocated or additional live
programming sites prior to the Grantee's construction of same. The Grantee must ensure
that the System meets the technical standards attached as Exhibit B at all live origination
sites. The Grantee must further ensure that the City can "narrowcast" programming
originated from City Hall consistent with Section 4.2c.
e. High Definition.
(i) Within one hundred and twenty (120) days after the Effective Date, unless
delayed by events out of Grantee's reasonable control, the Grantee shall convert the
Commission's area -wide PEG Access Channel (i.e. the Channel that is not
"narrowcast" to each member city pursuant to Section 4.2(c)) to high definition
("HD") provided that the programming signals are provided to the Grantee in HD
and meet Grantee's technical specifications for HD channels. Thereafter, at such
time as Grantee makes at least 90% of all non -PEG Channels available in HD, the
Grantee shall also convert the "narrowcast" PEG Access Channel to HD provided
that the programming signals are provided to the Grantee in HD and meet Grantee's
technical specifications for HD channels. The City understands that, although the
Grantee must ensure that the PEG Access Channels are cablecast on the Basic Cable
Service tier and available to all Subscribers at no additional charge, the HD PEG
Access Channel will not be located on the Basic Cable tier, the signal from the HD
PEG Access Channels may not be available in HD on the Basic Cable tier of service,
and Grantee shall have no obligation to carry PEG Access Channels in more than
one format; i.e. dual carriage. Grantee's costs to purchase equipment to convert and
distribute programming on the PEG Access Channels in HD will be reimbursed by
the City or Commission in an aggregate amount not to exceed Seven Thousand Five
Hundred Dollars ($7500.00) within sixty (60) days of receipt of invoices evidencing
Grantee's expenditures. ii) The City acknowledges that in order to receive Access
Channels in HD format Subscribers may be required to buy or lease special
equipment, or pay additional HD charges applicable to all HD services,
f. PEG Access Capital Support. In addition to the requirements of Section
4.2(a) -(d) above, the Grantee shall collect and remit a PEG capital fee of up to eighty-five
cents ($.85) per Subscriber, per month ("PEG Capital Fee"). The Grantee shall remit such
payments on the same schedule as the Franchise Fee. All amounts paid shall be subject to
audit and recomputation and acceptance thereof does not constitute an accord that amounts
paid are correct. The PEG Capital Fee as of the Effective Date is eighty-five cents ($.85)
per Subscriber, per month. Grantee may itemize any PEG Capital Fee on Subscriber's bills.
Payment by Grantee must be separate from and in addition to any Franchise Fee.
g. Use of PEG Capital Fee. The City and Grantee agree that the City will
expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated
with PEG Access. In consideration for Grantee's obligation to remit the PEG Capital Fee,
the City agrees to provide financial support for PEG Access that is equivalent to the amount
of PEG Capital Fees collected and provided to the City. Within sixty (60) days of written
request, the City shall provide Grantee with an annual report of any expenditures of the
PEG Access Capital Fee to insure such fees are used for capital costs related to PEG
Access. The report shall also demonstrate how the City fulfilled its requirement to provide
matching support for PEG Access. Based on the report, the Grantee may send a written
526220v5 RJV SH255-14 5
notice to the City alleging that the City failed to demonstrate that the PEG Capital Fee was
used for capital or that matching PEG Access support was provided. The City shall have
thirty (30) days after receipt of the written notice to provide additional information
demonstrating compliance with the requirements of this Section. If the Grantee continues
to allege that the City has not complied with its obligations herein, the Grantee may provide
written notice of its intent to reduce and/or discontinue collecting and remitting the PEG
Capital Fee. If the City disputes the Grantee's actions, it may initiate any enforcement action
under the Cable Ordinance it deems appropriate.
h. Access Rules. The City may implement rules governing PEG Access
Channels and programming.
i. Parity of Obligations. The City will impose equivalent PEG Access
obligations on any other franchised provider of Cable Service in the City.
Section 4.3 Drops and Service to Public Buildings.
a. The Grantee must provide, without charge, monthly Basic Cable Service and
Cable Programming Service (excluding pay -per -channel or pay -per -program), one (1) Drop,
one (1) outlet, and one (1) Converter of the type and functionality made available to
Subscribers ("Complimentary Service") to the public institutional sites listed in Exhibit A-2
attached. The programming provided by Grantee is not for public display. The City shall
hold the Grantee harmless for any copyright, or other penalties, incurred due to improper
use of free service. If additional Converters or other customer premises equipment ("CPE")
are required to receive Complimentary Service, Grantee reserves the right to charge the
institution the published rate for such CPE consistent with applicable law.
b. The Grantee shall connect such additional public administration buildings as
the City may subsequently designate, provided however, that the Grantee shall only be
required to pay the cost of the first one hundred and fifty (150) feet of any necessary System
construction, and further provided that the City or institution shall pay any additional
mutually agreed upon construction cost. The Grantee will have a reasonable time from the
designation of additional sites to complete extension. Institutions may add outlets at their
own expense. The Grantee shall only be required to provide Complimentary Service to the
extent a newly designated building replaces a site previously receiving such service.
Section 4.4 Receipt of Subscriber Payments
The Grantee must maintain a convenient means for Subscribers to make payments such as
the ability to make payments electronically via a company website.
SECTION 5. ADMINISTRATION PROVISIONS
Section 3.1 Franchise Fee.
a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five
percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments to the
City on a quarterly basis within 60 days of the close of the preceding calendar quarter.
Payments shall be based on Gross Revenues generated during the preceding calendar
5262200 R!V SH255-14 6
quarter. In the event Grantee offers a bundle or package of Cable Services and non -Cable
Services at a discounted rate, the Grantee must allocate revenues between Cable Services
subject to the Franchise Fee and non -Cable Services that are not subject to the Fee on a
proportionate pro rata basis in accordance with Generally Accepted Accounting Principles
("GAAP"). In no event shall the Grantee allocate the revenues to evade its Franchise Fee
obligations under this Franchise or to disproportionately reduce Gross Revenues.
b. Each Franchise Fee payment must be accompanied by a report in form
reasonably acceptable to City detailing the computation of the payment. All amounts paid
are subject to audit and recomputation by the City, and acceptance of any payment must not
be construed as an accord that the amount paid is in fact the correct amount. In accordance
with Minn. Stat. § 541.05, any action to recover Franchise Fees must be commenced within
three (3) years of receipt of the Franchise Fee payment or due date for such payment.
C. In the event that any Franchise payment or recomputed payment is not made
on or before the dates specified herein, Grantee shall pay an interest charge, computed from
such due date, at the annual rate of one percent over the prime interest rate.
Section 5.2 Rules of Grantee.
The Grantee may promulgate such rules, terms and conditions governing the conduct of its
business provided that such rules, terms and conditions must not be in conflict with the
provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations.
SECTION 6. INDEMNIFICATION, ONSURANCE, BONDS AN,D SECURITY
FUND
Section 6.1 Indemnification.
By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City
harmless in accordance with the Cable Ordinance.
Section 6.2 Insurance.
At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate
of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such
insurance for the entire term of this Franchise.
Section 6.3 Performance Bond.
a. The Grantee must furnish to the Commission, for the benefit of all member
cities of the Commission, a single performance bond in the amount of Fifty Thousand
Dollars ($50,000.00) in a form and substance reasonably acceptable to the Commission. The
single bond provided to the Commission shall comply with the parallel bonding
requirements imposed by the other members of the Commission. The Grantee must
maintain the bond until this Franchise expires or is terminated.
5262200 RJV SH255-14 7
b. The bond shall be conditioned upon Grantee's faithful performance in
accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and
regulations. The bond must provide that in the event the Grantee fails to comply with any
law, ordinance or regulation, any damages or loss suffered by the City as a result, including
the full amount of any compensation, indemnification or cost of removal or abandonment
of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up
to the full amount of the security, will be recoverable jointly and severally from the principal
and surety of the bond, and further guaranteeing payment by the Grantee of claims, liens
and taxes due the City which arise. In the event this Franchise is revoked or the rights
hereunder relinquished or abandoned by Grantee, the City is entitled to collect any resultant
damages, costs or liabilities incurred by the City.
C. The City and Grantee acknowledge that it may be difficult or impossible to
accurately quantify actual damages or losses suffered by the City due to a violation or
unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or
regulations. Such violations or unsatisfied obligations may, however, be presumed to harm
the City and the public's interest. Accordingly, the City may, in its reasonable discretion,
collect liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00)
per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or
regulations in an amount not to exceed Five Thousand Dollars ($5,000.00) in any calendar
year. Each violation may be considered a separate violation for which separate liquidated
damages can be imposed.
d. In the event the City will make any claim against the bond or otherwise seeks
to assess liquidated damages, the City must comply with Section 14 of the Cable Ordinance
governing enforcement of this Franchise.
e. The City's rights herein are in addition to all other rights the City may have
and the City's exercise of such rights does not constitute an exclusive remedy nor limit any
other right.
SECTION 7. MISCELLANEOUS REQUIREMENTS
Section 7.1 Amendment of Franchise Ordinance.
The Grantee and the City may mutually agree, from time to time, to amend this Franchise.
Any changes, modifications or amendments to this Franchise must be made in writing,
signed by the City and the Grantee. Nothing herein is intended to expand or diminish the
rights given to City under state law. The City reserves its lawful rights, including its police
powers, ordinance -making authority, and under power of eminent domain law.
Section 7.2 Force Majeure.
In the event Grantee's performance of this Franchise is prevented due to a cause beyond its
reasonable control, such failure to perform must be excused for the period of such inability
to perform.
Section 7.3 Severability.
526220v5 RJV SH255-14 $
EXHIBIT A-1
(Live Origination Sites)
City of Big Lake, City Hall 160 Lake St N, Big Lake, MN 55309
City of Buffalo, City Hall* 212 Central Ave, Buffalo, MN 55313
City of Cokato, City Hall 255 Broadway Ave S, Cokato, MN 55321
City of Cokato, Fire Hall 745 7t1i Street SW, Cokato, MN 55321
City of Dassel, City Hall 460 3rd St, Dassel, MN 55325
City of Delano, City Hall 234 2nd St N, Delano, MN 55328
City of Elk River, City Hall 13065 Orono Pkwy NW, Elk River, MN 55330
City of Maple Lake, City Hall 10 Maple Ave S, Maple Lake, MN 55358
City of Rockford, City Hall 6031 Main St, Rockford, MN 55373
City of Watertown, City Hall 309 Lewis Ave S Ste 1, Watertown, MN 55388
City of Monticello, City Hall 505 Walnut St Ste 1, Monticello, MN 55362
• In Buffalo City Hall, Grantee shall continue to provide two (2) Converters free of
charge for program monitoring purposes and two-way connectivity for two (2)
programming streams originating from this site.
526220v5 RJV SH255-14 II
EXHIs�T �-�
(Complimentary Servoce Sites)
City Hall Locations
City of Big Lake, City Hall
City of Buffalo, City Hall
City of Cokato, City Hall
City of Dassel, City Hall
City of Delano, City Hall
City of Elk River, City Hall
City of Maple Lake, City Hall
City of Monticello , City Hall
City of Rockford, City Hall
City of Watertown, City Hall
SWTV - Area Wide Channel
Public Safety Locations
Big Lake Police Department
Big Lake Fire Department
Big Lake Public Works
Buffalo Police Department
Buffalo Fire Department
Buffalo Fire Department
Buffalo Streets and Parks
Buffalo Utilities Campus
Cokato Fire Department
160 Street North, Big Lake MN 55309
212 Central Avenue Buffalo, MN 55313
255 Broadway Avenue South, Cokato, MN 55321
460 3rd Street Dassel, MN 55325
234 2nd Street North Delano, MN 55328
13065 Orono Parkway NW, Elk River, MN 55330
10 Maple Avenue South, Maple Lake, MN 55358
505 Walnut Street Monticello, MN 55362
6031 Main Street Rockford, MN 55373
309 Lewis Avenue South, Watertown, MN 55388
(Located in Buffalo City Hall) 212 Central Avenue
Buffalo, MN 55313
790 Minnesota Avenue, Big Lake, MN 55309
20243 County Road 43, Big Lake, MN 55309
18041 198th Avenue, Big Lake, MN 55309
215 1st Avenue NE, Buffalo, MN 55313
Station 1 - 212 Central Avenue, Buffalo, MN 55313*
Station 2 - 209 Atlas Avenue, Buffalo, MN 55313
1303 County Road 134, Buffalo, MN 55313
503 Lake Blvd. NW, Buffalo, MN 55313
745 7th Street SE, Cokato, MN 55321
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Cokato Public Works 695 Cokato Street East, Cokato, MN 55321*
Delano Fire Station 245 2nd Street North, Delano, MN 55328
Delano Public Works 402 County Road 30 SE, Delano, MN 55328*
Dassel Fire Department 426 2nd Street North, Dassel, MN 55325
Elk River Police Department 13077 Orono Parkway, Elk River, MN 55330
Elk River Fire Department Station 1 - 415 Jackson Street, Elk River MN 55330
Elk River Fire Department Station 2 - 13073 Orono Parkway, Elk River, MN
55330
Elk River Emergency Operations Center 13073 Orono Parkway, Elk River, MN 55330
Elk River Public Works 19000 Proctor Road NW, Elk River, MN 55330
Maple Lake Fire Department 106 Division Street West, Maple Lake, MN 55358
Maple Lake Pubic Works 441 Oak Avenue South, Maple Lake, MN 55358
Monticello Fire Department (Current Address) 6th Street West, Monticello, MN
55362
Monticello Fire Department (Nov 2019) 101 Chelsea Road, Monticello, MN
55362*
Monticello Public Works 909 Golf Course Road, Monticello, MN 55362
Rockford Fire Department 6700 Main Street, Rockford, MN 55373
Rockford Public Works 6551 Utility Drive, Rockford, MN 55373
Watertown Fire Department 401 Carter Street NE, Watertown, MN 55388
Watertown Public Works 700 Lewis Avenue North, Watertown, MN 55388
* Grantee's rights to recover its actual, demonstrated costs of completed such connections
shall be governed by Section 4.3b of the Franchise.
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EXHIBIT B
(Technical Standards- Live Origination Sites)
With respect to all sites listed in Exhibit A, the System shall meet or exceed the following
requirements:
1. The System shall operate in conformance with the technical standards
promulgated by the FCC pursuant to Title 47, Section 76.601 to 76.617, as may be amended
or modified from time to time.
2. The System shall be capable of continuous 24-hour operation without signal
degradation.
3. The System shall be capable of operation without failure, material
performance changes or signal degradation over an outdoor temperature range of -40
degrees F to +130 degrees F and over a variation in supply voltages from 105 to 130 volts
AC.
4. The System will provide access channel connections up to the demarcation
point, both upstream and downstream, without material signal degradation or deterioration
and with signal quality equal to or better than any other channels. Material signal
degradation or deterioration where any signal problem including ghosting or other audio or
visual distortion or interference is apparent without special testing. The Grantee shall not be
responsible for technical problems deriving from facilities or equipment located beyond the
demarcation point, within the institutional site.
5262200 R1V SH255-14 14
If any term, condition or provision of this Franchise or the application thereof to any Person
or circumstance is held, to any extent, invalid, preempted or unenforceable, the remainder
and all the terms, provisions and conditions herein must, in all other respects, continue to be
effective provided the loss of the invalid, preempted or unenforceable provisions do not
substantially alter the agreement between the Parties. In the event a law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed so that the Franchise
provision which had been held invalid, preempted or modified is no longer in conflict
therewith, such Franchise provision will return to full force and effect and thereafter be
binding upon thirty (30) days written notice to the Grantee.
Section 7.4 Nonenforcement by City.
The Grantee is not relieved of its obligations to comply with this Franchise or the Cable
Ordinance due to any failure or delay of the City to enforce prompt compliance. The City
and Grantee may only waive its rights by expressly so stating in writing.
Section 7.5 Rights Cumulative.
All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition
to and not exclusive of any and all other rights and remedies available to the City or Grantee.
Section 7.6 Work Performed by Others.
All obligations of this Franchise apply to work performed by any agent, subcontractor or
other Person performing any work or services on behalf of the Grantee pursuant to this
Franchise to the extent applicable, however, in no event will any such Person obtain any
rights to maintain and operate a System or provide Cable Service.
Section 7.7 Entire Agreement.
This Franchise sets forth the entire agreement between the parties respecting the subject
matter hereof. All agreements, covenants, representations, and warranties, express and
implied, oral and written, of the parties with regard to the subject matter hereof are
contained herein. No other agreements, covenants, representations or warranties, express or
implied, oral or written, have been made by any party to another with respect to the matter
of this Franchise. All prior and contemporaneous conversations, negotiations, possible and
alleged agreements, representations, covenants and warranties with respect to the subject
matter hereof are waived, merged herein and therein and are superseded hereby and thereby.
SECTION &ACCEPTANCE OF FRANCHISE
Section 8.1 Publication and Effective Date.
This Franchise will be effective on the date of acceptance by Grantee. This Franchise shall
be enacted and published in accordance with applicable local and Minnesota law.
Section 8.2 Time for Acceptance.
526220v5 R1V SH255-14 9
a. The Grantee must accept this Franchise within sixty (60) days of enactment
by the City, unless the time for acceptance is extended by the City. Acceptance by the
Grantee will be deemed the grant of this Franchise for all purposes.
b. Upon acceptance of this Franchise, the Grantee and City will be bound by all
the terms, conditions and obligations contained herein.
Section 8.3 Manner for Acceptance.
The Grantee must accept this Franchise in the following manner:
a. The Franchise must be fully executed and acknowledged by Grantee and
delivered to the City.
b. The Grantee must also deliver any construction bond and insurance
certificates required herein that have not previously been delivered, with its acceptance.
Section 8.4 Failure to Accept.
In the event the Grantee does not timely accept this Franchise in accordance with the
requirements herein, this Franchise and all rights granted herein are null and void.
M
Passed and adopted this 4th of February, 2019.
OF ELK RIVER
Tina Allard, City Clerk
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and
conditions.
CC VIII OPFRGa71NG LLC L/K/A CHAR7ER COMMUNI CA,TDONS
M
Its:
Date:
2019
526220v5 RJV SH255-14 10
AFFIDAVIT OF PUBLICATION
CITY OF ELF( RIVER
RESOLUTION NO. 19-04
STATE OF MINNESOTAA
)
RESOLUTION OF THE
ss
COUNTY OF SHERBURNE
CITY OF ELK RIVER,
MINNESOTA APPROVING
SUMMARY PUBLICATION
Darlene MacPherson being duly sworn on an
OF ORDINANCE NO. 19-02
oath, states or affirms that he/she is the
AND ORDINANCE NO. 19-03
Publisher's Designated Agent of the newspa-
WHEREAS, the City Council for
the City of Elk River, Minnesota
per(s) known as:
adopted a lengthy ordinance re-
pealing and replacing an ordinance
Star News
titled the "Cable Ordinance" which
established regulations governing
with the known office of issue being located
cable service; and
WHEREAS, the City Council
in the county of:
adopted a lengthy ordinance grant-
SHERBURNE
ing a 15 -year renewal of the cable
with additional circulation in the counties of:
franchise to CC VIII Operating LLC
d/b/a Charter Communications
WRIGHT
which authorizes operation of a
and has full knowledge of the facts stated
cable system and delivery of cable
below:
services in the City pursuant to the
(A) The newspaper has complied with all of
Cable ordinance; and
WHEREAS, as authorized
the requirements constituting quallfrca-
by Minnesota Statutes, Section
tion as a qualified newspaper as provided
412.191, subd. 4, the City Council
by Minn. Stat. §331A.02.
has determined that publication of
(B) This Public Notice was printed and pub-
the title and summary of the ordi-
lished in said newspaper(s) once each
nances will clearly inform the public
of the intent and effect of the ordi-
week, for 1 successive week(s); the first
nances; and
insertion being on 02/09/2019 and the last
WHEREAS, a printed copy of
insertion being on 02/09/2019.
both ordinances is available forin-
spection during regular office hours
in the office of the city clerk -admin -
MORTGAGE FORECLOSURE NOTICES
istrator.
Pursuant t0 Minnesota Stat. §580.033
NOW THEREFORE, BE IT RE -
to the publication Of mortgage
relating Pdes
SOLVED that the following summa -
of the ordinances, by at least
foreclosure notices: The newspaper complies
four-fifths vote, are approved for
with the conditions described in §580.033,
publication:
subd. 1, clause (1) or (2). If the newspaper's
City of Elk River, Minnesota
known office of issue is located in a County
Ordinance No. 19-02
The Cable Ordinance establish -
adjoining the county where the mortgaged
es certain regulations governing
premises or some part of the mortgaged
the delivery of cable service in the
premises described in the notice are located,
City to ensure that all cable provid-
a substantial portion of the newspaper's
ers are subject to comparable ob-
ligations and burdens. The Cable
circulation is in the latter county.
Ordinance generally sets forth the
conditions for the delivery of cable
service and requirements for cable
I�
franchises under Minnesota Stat -
By: ,SIL// r \ �
utes, Chapter 238. The ordinance is
effective the day after publication.
Designated Agent
City of Elk River, Minnesota
Ordinance No. 19-03
Subscribed and sworn to or affirmed before
The Charter franchise ordinance
me on 02/09/2019 by Darlene MacPherson.
grants a 15 -year cable television
franchise to CC VIII Operating LLC
d/b/a Charter Communications au-
thorizing operation of a cable sys-
tem and delivery of cable services
in the City pursuant to the Cable
Ordinance. The franchise ordinance
authodz Charter to use rights-
of-way in the City to construct,
operate and maintain a system to
T Notary Public
provide cable services, imposes a
franchise fee, and sets -forth certain
other agreements concerning oper-
`r M. MITCHELL
ation of the system and delivery of
The
WMARLENE
cable services. franchise ordi-
> 4 PU1711C-Mi nesota
'�
nance is effective upon acceptance
Notary
My Commission Expires Jan 91 2020
by Charter.
The motion for adoption of the
2 „_ ... • -
foregoing resolution was duly sec-
onded by Councilmember Chris-
tianson, and upon vote being tak-
en thereon, the following voted in
Rate Information:
favor thereof: Mayor Dietz Coun-
cilmembers Christianson, West -
(1) Lowest classified rate paid by commercial users
gaard. Ovall. and Wagner and the
for comparable space:
following against: none, whereupon
$23.00 per column inch
said resolution was declared duly
passed and adopted.
Ad ID 904807
The following members were
present: Mayor Dietz. Coun-
cilmembers Christianson West-
gaard. Ovall, and Wagner and the
following absent: none.
By Order of the City of Elk River,
Minnesota
Passed and adopted this 4th
day of February 2019.
John J. Dietz, Mayor
ATTEST: Tina Allard, City Clerk
Published in the
Star News
February 9, 2019
904807