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ORD 02-21CITY OF OTSEGO, MINNESOTA ORDINANCE NO.2 0 0 2 - 21 AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING LLC D/B/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF OTSEGO, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Otsego, a municipal corporation of the State of Minnesota ("City") and CC VIII Operating LLC d/b/a Charter Communications, a limited liability company ("Grantee"). 2. Pursuant to Ordinance No. ("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 timely submitted a request for a Franchise. 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 grant and issue a Franchise to Grantee. 5. This Franchise is nonexclusive and complies with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: SECTION 1. 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 have their normal and customary meaning. a. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. Section 1.2 Written Notice. RJV-218906v1 TS 105-6 M 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 mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Otsego Attn: City Administrator City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330-7314 If to Grantee: Charter Communications Attn: General Manager 1215 N. 15'h St. St. Cloud, MN 56302 With copies to: Charter Communications Attn. Government Relations 440 Science Drive, Suite 101 Madison, WI 53711 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 2.1 Grant. a. Grantee is authorized to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. b. This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchise, Grantee agrees to be bound by the terms of the Cable Ordinance. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. The City shall, at all times, have the right to amend the Cable Ordinance in the exercise of its police powers and as otherwise permitted by applicable law. To the extent required by law, the City will not grant a Franchise for an area included in this Franchise on terms and conditions more favorable or less burdensome than those in this Franchise pertaining to: (1) area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. The City may impose additional terms and conditions in any other Franchises. c. Grantee acknowledges the right of City to issue this Franchise. RJV-218906v1 2 TS 105-6 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. Grantee's System will pass and Grantee will offer Service to all dwellings, homes and businesses within the area(s) identified on the map attached as Exhibit A. b. The Grantee will extend its System and offer Cable Service to areas not identified in Exhibit A within a reasonable time, not exceeding 120 days, after a request for Service. Provided, however, that Grantee will only be required to extend its System where such extension area has a density of at least nine (9) residential units per one- quarter (1/4) cable mile of System, as measured from the nearest tap on the Cable System. Where the density is less than that specified above, Grantee shall inform Persons requesting Service that such Service will be provided upon payment of a portion of the cost of Installation or line extension and Grantee shall provide a free written estimate of such cost within fifteen (15) days of the Service request. 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. SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will construct and operate a Hybrid Fiber Coaxial System. The System will provide a minimum of 750 MHz of capacity. Grantee will offer at least 75 video programmed Channels throughout the term of this Franchise. A portion of the capacity may be reserved for competitive services such as digital programming, Internet Service or other Telecommunications Services. Grantee's System will have return capability. Section 3.2 Construction Deadline. Grantee must substantially complete the construction of its System within twelve (12) months after acceptance of this Franchise. This requirement may only be waived by City in writing, upon the occurrence of acts beyond the reasonable control of Grantee. Section 3.3 Pedestals. Pursuant to Section 5.3b of the Cable Ordinance, Grantee shall be permitted to install standard pedestals necessary for Standard Installations without receiving prior approval from the City. A standard pedestal shall be no larger than 2'X 2' and 3' tall. SECTION 4. COMMUNITY SERVICES RJV-218906v1 3 TS105-6 Section 4.1 PEG Access Facilities. a. Access Channels. The Grantee must dedicate two (2) Channels for noncommercial public, education, and government access (hereinafter "PEG Access") programming. The 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. The second PEG Access Channel must be activated within thirty (30) days of City's request after Grantee's completion of System upgrade in accordance with Section 3.2 of this Franchise and thereafter maintained. 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. § 238.084, Subd. 3(a)(2), and applicable FCC regulations. b. Channel Usage. One specially designated PEG Access Channel must be available for noncommercial use by the general public, local education authorities and local government on a first-come, first served, nondiscriminatory basis. During those hours that such PEG Access Channel is not being used by the general public, local educational authorities or local government, the Grantee may lease time to commercial or noncommercial users on a first-come, first-served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use this PEG Access Channel for local origination during those hours when the channel is not otherwise in use. The second PEG Access Channel must be available for such noncommercial use as is determined solely by the City (hereinafter "City channel"). The Grantee must ensure that the City channel is designed to be capable of cablecasting live programming originated at City Hall and such other public institutions as City may designate in writing, provided however, Grantee shall only be required to pay for the expense of the first one hundred and fifty (150) feet of new System construction and City shall pay any additional actual construction cost. Grantee must provide reasonable technical assistance in relation to the origination and delivery of access programming. City shall, at all times, provide Grantee with the same video programming provided to other System operators in the City. C. Responsibility for PEG Access. The Grantee will have responsibility for PEG Access only as provided in this Section 4.1. The City and Grantee may agree to the City's operation, administration, and management of PEG Access programming on the City channel and the specially designated PEG Access Channel. In such case, the City may designate responsibility for the City channel and/or specially designated PEG Access Channel to a City board, committee or a third party. d. PEG Access Facilities, Equipment and Programming. 1. Upon City's written request identifying the City's reasonable requests for PEG Access services, facilities and equipment, the Grantee shall participate in negotiations with the City any other local System operator concerning alternatives to meet the City's requests. The Grantee shall negotiate in good faith. RJV-218906vl 4 TS105-6 2. The Grantee, any other local System operator and City may negotiate mutually agreeable terms concerning in-kind contributions to permit the offering of PEG Access programming and services as requested. The Grantee, any other local System operator and City shall negotiate the provision of adequate PEG Access Facilities of the following types: a) camera(s); b) appropriate camera mounting devices; c) audio/microphone feeds; d) such System equipment as may be necessary to provide live programming from City Hall. The Grantee, local System operator and City shall further negotiate commitments to reasonably maintain and replace such equipment. 3. If the Grantee, any other local System operator and City cannot agree concerning the provision of in-kind contributions as specified in Section 4.1(d)(2) above within six (6) months from the City's written request, or such negotiations cease, the City may require the Grantee and any other local System operator to make reasonable in-kind contributions to ensure the City's requests are met, or require reimbursement of the City's expenses associated with meeting such requests. Grantee and any other local System operator shall equitably contribute toward the costs of these in-kind contributions which may include the Access Fee set forth in Section 4.1(f) below. 4. The Grantee's total obligation pursuant to this Section 4.1(d) shall not exceed Ten Thousand Dollars ($10,000) throughout the term of this Franchise. e. City Resolution of PEG Access Channel Disputes. 1. The Grantee and any other local System operator may mutually agree on how the PEG Access Channel connections will be completed taking into consideration the exact physical and technical circumstances of the Systems involved. The City may require Grantee to permit a connection with its PEG Access Channel feeds to the extent provided in 47 C.F.R. § 76.1505(d)(3). 2. If the Grantee and any other local System operator cannot agree on how to accomplish the connection necessary to share PEG Access Channel feeds within six (6) months from the City's written request, or such negotiations cease, the City may decide the matter and may require that the connection occur on government property or on a Right -of -Way. The costs of completing the connection to Grantee's PEG Access Channel feed shall be borne entirely by the other System operator. f. Support for PEG Access Facilities. In addition to the requirements of Section 4.1(a) -(e) above, the City may upon ninety (90) days written notice require RJV-218906v1 5 TS105-6 Grantee to collect an Access Fee solely to purchase additional PEG Access Facilities. The Access Fee must not exceed fifty cents ($.50) per Subscriber per month for the first five (5) years of the Franchise term, and must not exceed one dollar ($1.00) per Subscriber per month for the remainder of the Franchise term. Payments must made quarterly. All amounts paid shall be subject to audit and recomputation and City's acceptance shall not be an accord that the amount paid is correct. The City may adopt a Resolution modifying the Access Fee amount no more than once every twenty-four (24) months. The City must provide notice of any modification to Grantee on or before October 1', to be effective on January 1' of the following year. Grantee may itemize any Access Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Fee. In the event the City exercises the above option, the Grantee may retain up to fifty percent (50%) of the Access Fee to be used solely for the reimbursement of Grantee's expenditures to the City for PEG Access Facilities as required in this Franchise Section 4.1(d). Upon full collection, Grantee shall remit the full amount collected to the City. g. Access Rules. The City may implement rules for use of the PEG Access Channels. Prior to the cablecast of any program on any PEG Access Channel established herein, any Person who requests access to the System to provide video programming must provide a written certification acceptable to City which releases, indemnifies, and holds harmless Grantee, City and their employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. h. Charges for Use. Channel time and playback of prerecorded programming on the specially designated PEG Access Channel must be provided without charge. Personnel, equipment and production costs may be assessed for live studio presentations. Charges for production costs must be consistent with the goal of affording the public a low-cost means of television access. i. Parity of Obligations. In the event there is Competition in the City during the term of this Franchise, the City will impose equivalent PEG Access obligations on all franchised providers of Cable Service in the City and the Access Fee shall be identical for all providers. Section 4.2 Drops and Service to Public Buildings. a. The Grantee must install one (1) Drop and one (1) outlet, and provide monthly Cable Service (excluding pay -per -channel or pay -per -program) without charge to City Hall, all public and state -accredited parochial primary and secondary schools, and such other public institutions as City may subsequently designate in writing. b. The Grantee must extend distribution cable up to one hundred and fifty (15 0) feet without cost in order to provide Service to institutions subsequently designated by the City. The City or institution may be required to pay the cost of any System extension in excess of one hundred fifty (150) feet. RN -218906v1 6 TS105-6 C. Grantee will have a reasonable time from City Council designation of additional institution(s) to complete construction of the Drop and outlet. Additional Drops and/or outlets at institutional locations must be provided by Grantee at the cost of Grantee's time and material. Alternatively, institutions may add outlets at their own expense. SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Fee. The Grantee must pay a Fee to the City in an annual amount equal to five percent (5%) of its Gross Revenues. Section 5.2 Video Programming. The video programming which Grantee will initially provide pursuant to this Franchise is listed on Exhibit B attached hereto. Section 5.3 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, INSURANCE, BONDS AND 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 the City a performance bond in the amount of Thirty Thousand Dollars ($30,000.00) in a form and with such sureties as are reasonably acceptable to the City. At the time of acceptance of this Franchise, the Grantee will file with the City a copy of the performance bond. The Grantee must maintain the RJV-218906v1 7 TS105-6 performance bond until this Franchise expires or is terminated, and the Grantee has liquidated all of its obligations with the City. b. The performance bond must 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 bond, 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 must be entitled to collect from the performance bond any resultant damages, costs or liabilities incurred by the City. C. 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 from the performance bond 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. 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 performance bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights pursuant to the performance bond are in addition to all other rights the City may have. Any action with respect to the performance bond does not constitute an exclusive remedy nor limit any other right. Section 6.4 Construction Bond. a. During periods in which System construction rebuild, upgrade or line extension costs are expected to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in the amount of Fifty Thousand Dollars ($50,000.00). b. Upon completion of initial System construction within the service area identified on the map attached as Exhibit A, the Grantee must provide written notice to City. Within thirty (30) days of receipt of notice of completion of said construction, City must give written notice to the Grantee indicating whether the construction is complete or specifying those items of construction which the City determines are not complete. The RJV-218906v1 8 TS105-6 City may enforce the construction bond if such items of construction are not thereafter completed within sixty (60) days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction bond shall be returned to Grantee. C. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City may have. Any action with respect to the construction bond 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 agree, from time to time, to amend this Franchise. Nothing herein restricts the City's lawful exercise of its police powers, ordinance -making authority, and power of eminent domain. 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 provided Grantee has notified the City in writing within ten (10) days of its discovery of such cause preventing performance. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid 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 or unenforceable provisions do not substantially alter the agreement between the Parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding. 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. RJV-218906VI 9 TS 105-6 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 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 Acknowledgment of Validity of Franchise. The Grantee acknowledges that it believes that the terms and conditions of this Franchise comply with current laws, are not unreasonable or arbitrary, and the City has the power to enter into this Franchise on the terms and conditions contained herein. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. As required by applicable law, this Franchise must be enacted and published as an ordinance. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within thirty (30) 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. RJV-218906v1 10 TS105-6 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. Passed and adopted this Z$ of C)c+-* be(-_, 2002 CITY OF OTSEGO By: A A 4 ft, Its: ayor . ` ohs: UCIerk ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. CC VIII OPERATING LLC D/B/A CHARTER COMMUNICATIONS By: /V Its: M. c4b" vonmwffiw VIM Presidud RJV-218906v1 TS105-6 11 1 RJV-218906v1 TS 105-6 EXHIBIT A (Service Area Map) 12 V 1 � 1 Buffalo Basic Channels 2KTCA (PBS) 3 TV Guide Channel 4WCCO (CBS) 5KSTP (ABC) 6CSPAN 7WFTC (FOX) 8Loca1 Access 9KMSP (UPN) 10 WGN 11 KARE (NBC) 12Government Access 13 Education Access 14 Great American Country 15 Local Access 16Public Access 17KTCI (PBS) 18KSTC (IND) 19Home Shopping Network 20Comm./Ed. Access 21 KPXM (PAX) 22TBS 23KMWB (WB) 24QVC Expanded Basic Channels 31 Disney Channel 32Nickelodeon 33 ABC Family 34CNN 35 CNBC 36Headline News 37HGTV 38Nashville Network 39MTV 40 VH -1 41 AMC 42 Lifetime 43 Discovery Channel RJV-218906v1 TS105-6 EXHIBIT B (Channel Line Up) Digital Choice Channels 100Noggin 104Nick GAS 108Nick Too 112Discovery Kids 116 Toon Disney 120BBC America 124Discovery Home 128Discovery en Espanol 132 Style 136DIY 140ESPN Classic 144Boomerang 200Biography 202History International 208Discovery Science 210Discovery Civilization 21213iscovery Health 216Bloomberg 218Fox Sports World 220ESPNews 228CNN en Espanol 232 CNNFN/Money 236CNN International 300 Sundance 302Lifetime Movie Network 304Independent Film Ch. 306Fox Movie Channel 312Discovery Wings 314MuchMusic 316MTV2 318 MTV Espanol 320MTV Jams 322VH-1 Classic 324VH-1 Soul 326VH-1 Country Digital Music Formats 901 Showcase 902Today's Country 13 Digital Premium Channels 500HBO 505 HBO Plus 510HBO Signature 515 HBO Family 520HBO Zone 525 HBO Comedy 530HBO Latino 550Cinemax 555More Max 560Action Max 565 Thriller Max 600 Showtime 605 Showtime Too 610 Showtime Showcase 615 Showtime Extreme 620 Showtime Beyond 650The Movie Channel 655 The Movie Channel 2 700 STARZ! 705 STARZ! Cinema 710Black STARZ! 715 STARZ! Family 750Encore 755 Encore Love Stories 760 Encore Action 765 Encore Mystery 770Encore True Stories 775 Encore Westerns Digital PPV 80OPPV Previews 80134 PPV Channels 85012 NBA PPV channels 8659 NHL/MLB PPV 8904 Mature PPV channels W C -I i 44A&E 45 TNT 46USA 47ESPN 48 Fox Sports Net 49ESPN2 50EWTN 51 Weather Channel 52Comedy Central 53 MSNBC 54 Sci-Fi Channel 55 Travel Channel 56Animal Planet 57History Channel 58Cartoon Network 59TV Land 60Hallmark 61 Food Network 62 Golf Channel 63 WE 64Bravo 65 CCMN 66National Geographic 67The Learning Channel 68 TechTV 69Outdoor Life 70 Speedvision 71 Univision 72FX 73 Fox News Channel 74E! 75 CMT 76Turner Classic Movies RJV-218906v1 TS 105-6 903 Classic Country 904Americana 905 Bluegrass 906R&B and Hip -Hop 907Classic R&B 908 Smooth R&B 909Rap 910Metal 911 Rock 912Power Rock 913 Classic Rock 914Alternative Rock 915 Electronica 916Dance 917Progressive 918 Soft Rock 919Hit List 920Party Favorites 921`80s 922New Wave 923`70s 924 Solid Gold Oldies 925 Singers & Standards 926Big Band & Swing 927Easy Listening 928 Smooth Jazz 929Jazz 930Blues 931 Reggae 932 Soundscapes 933 Classical Masterpieces 934Opera 935Light Classical 936 Show Tunes 937Contemporary Christian 938Gospel 939For Kids Only 940 Sounds of the Seasons 941 Musica Latina 942 Salsa Merengue 943 Rock `En Espanol 944Latin Love Songs 945 Mexicana 14 TWP W3 TlQf-7L,L ------- IBER AVE --- -A AVE NE of S xj! :111 h rn m z AVE NE 11500 12000 12 g&I co 13000 13 -.7 , NE z m (n vW�LJ UHL E A 0 PAC COVE NE z m Z;! 0 xj! :111 h rn m z AVE NE 11500 12000 12 g&I co 13000 13 -.7 , NE z m vW�LJ UHL E A 0 PAC COVE NE pnOR E cl) b Z;! 0 ENE 7000 C, 9-0! (n 10 5500m r 0 PARE CA ao 0 m NE m N Fil"nion v r AM 444S I o6w 10500 I Ln M 3: CROW 0 cl) b 7000 AM 444S I o6w 10500 I NE . im TROY ST h%r° N N 1200 CARSONnay ALE . CD ST► ZANE ST NWNd CA tl000 wig m in cr.OL4 M TYLER ST NW A M 10000 -a CLEV 0 cl) b m (n 10 E NEI-- NE . im TROY ST h%r° N N 1200 CARSONnay ALE . CD ST► ZANE ST NWNd CA tl000 wig m in cr.OL4 M TYLER ST NW A M 10000 -a CLEV SUMMARY PUBLICATION ORDINANCE NO.2 0 0 2 - 21 As authorized by state law, City of Otsego has approved the publication of an ordinance- the "Charter cable franchise" - in summary form. The full text of the ordinance is posted, and copies are available for inspection, in the office of the City Clerk. The approved summary of the ordinance follows: CITY OF OTSEGO, MINNESOTA ORDINANCE NO. 2 0 0 2 - 21 The Charter cable franchise grants a fifteen (15) year cable television franchise to CC VIII Operating LLC d/b/a Charter Communications. The Charter cable franchise authorizes Charter to use rights-of-way in the City to construct, operate and maintain a system to provide cable services. The Charter cable franchise establishes requirements for operation of the system and delivery of cable services, imposes a franchise fee, and generally sets forth the conditions required for cable franchises under Minnesota Statutes, Chapter 238. The ordinance is effective on the date of acceptance by Charter. BY ORDER OF OF OTSEGO Its � j u. • FM IL* -W Published: Elk River Star News January 9, 2003 Posted: Otsego City Hall, December 31, 2002