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ORDINANCE NO. <br />AN ORDINANCE GRANTING A FRANCHISE TO MEDIACOM MINNESOTA LLC TO <br />CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF <br />ORONO, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT <br />OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; <br />AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. <br />The City Council of the City of Orono ordains. <br />STATEMENT OF INTENT AND PURPOSES <br />The City of Orono intends, by the adoption of this Franchise, to provide for the continued <br />operation about the development of a Mediacom's Cable System, and the improvement and <br />enhancement of it. Such a development can contribute significantly to the communications' <br />needs and desires of the residents and citizens of the City and the public generally. Further, City <br />may achieve better utilization and improvement of public services and enhanced economic <br />development with the development and operation of the Cable System. <br />FINDINGS <br />The City Council makes the following findings: <br />1. The Franchise granted to Grantee by City complies with the existing applicable City <br />Code, State statutes, federal laws and regulations; and <br />2. The Franchise granted to Grantee is nonexclusive. <br />SECTION 1 <br />SHORT TITLE AND DEFINITIONS <br />(1) Short Title. This Franchise shall be known and cited as the Cable Television <br />Franchise Ordinance. <br />(2) Definitions. For purposes of this Franchise, the following terms, phrases, words <br />and their derivations shall have the meaning given herein. Words used in the present tense <br />include the future, words in the plural number include the singular number, and words in the <br />singular number include the plural number. All capitalized terms used in the definition of any <br />other term shall have their meaning as otherwise defined in this section. The words "shall" and <br />"will" are mandatory and "may" is permissive. Words not defined shall be given their common <br />and ordinary meaning. <br />(a) "Actual Cost" means Grantee's cost without any increase due to overhead, <br />interest, profit or administrative expense. <br />171276v2 <br />79