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<br /> <br />232860v1 <br /> <br />3 <br /> <br /> <br /> <br />ORDINANCE NO. ________ <br /> <br />AN ORDINANCE GRANTING A FRANCHISE TO MIDCONTINENT <br />COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE <br />COMMUNICATIONS SYSTEM IN THE CITY OF ORONO, MINNESOTA; SETTING <br />FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; <br />PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING <br />PENALTIES FOR THE VIOLATION OF ITS PROVISIONS <br /> <br /> The City Council of the City of Orono (“Franchising Authority”) ordains: <br /> <br />STATEMENT OF INTENT AND PURPOSES <br /> <br />The City of Orono intends, by the adoption of this Franchise, to provide for the continued operation <br />about the development of Midcontinent Communication’s Cable System, and the improvement and <br />enhancement of it. Such a development can contribute significantly to the communications' needs <br />and desires of the residents and citizens of the City and the public generally. Further, City may <br />achieve better utilization and improvement of public services and enhanced economic development <br />with the development and operation of the Cable System. <br /> <br />FINDINGS <br /> <br />In the review of the application of Midcontinent Communications, ("Grantee"), and as a <br />result of a public hearing, the Franchising Authority makes the following findings: <br /> <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 /> <br />(2) Grantee's plans for operating the System were considered and found adequate and feasible in <br />a full public proceeding after due notice and a reasonable opportunity to be heard; <br /> <br />(3) The Franchise granted to Grantee is nonexclusive; <br /> <br />(4) The Franchise granted to Grantee complies with the existing applicable Minnesota Statutes, <br />federal laws, and regulations. <br /> <br />SECTION 1 <br />SHORT TITLE AND DEFINITIONS <br /> <br />(1) Short Title. This Franchise shall be known and cited as the Midcontinent Communications <br />Cable Television Franchise Ordinance. <br /> <br />(2) Definitions. For purposes of this Franchise, the following terms, phrases, words and their <br />68