§ 13-2. Renewal of franchise.

(a)

Grant. Upon acceptance of this franchise by grantee, the franchise hereby provides grantee with the authority, right and privilege to construct, reconstruct, operate and maintain a cable television system to provide cable services within the franchise area.

(b)

Right of grantor to issue and renew franchise. Grantee acknowledges and accepts the right of grantor to issue and/or renew the franchise under the law as it existed on the effective date or as the law is hereafter amended or adopted.

(c)

Effective date. The renewal of the franchise provided for in this agreement shall be effective on the date that both parties have executed this agreement (the "effective date"), provided that said date is no later than 30 days after the date the city council, by action, approves this agreement (the "approval date"). The franchise provided for in this agreement is further contingent upon the filing by grantee with city administrator of the city of this agreement, duly executed by grantee, together with the security fund and insurance certificates provided for in this agreement and the Code, except that if such filing does not occur within 60 days after the approval date, the grantor may, in its sole discretion, declare the renewal of the franchise provided for herein to be null and void.

(d)

Term. The term of the franchise renewed pursuant to this agreement shall be for the period of ten years, unless otherwise lawfully terminated in accordance with the terms of this chapter, and commencing on the effective date. At the conclusion of the initial five-year period, the franchise shall automatically renew for an additional five-year period unless grantor provides grantee with a 60-day notice of its intent to not renew the franchise without negotiations for modifications to the contract (agreement).

(e)

Franchise not exclusive. The franchise renewed pursuant to this agreement shall not be construed as limiting the right of grantor, through its proper offices, and in accordance with the Code and applicable law, to grant other franchises containing terms and conditions that are no more favorable nor less burdensome, as defined by M.S.A. § 238.08, Subd. 1, (b), than those imposed on grantee in the same franchise area the grantee is entitled to occupy by this agreement, permit or otherwise; provided, however, that such additional grants shall not operate to materially modify, revoke or terminate any rights granted to grantee herein and shall be in accord with the provisions of the Code. Any additional franchise granted by the grantor shall serve the entire city as a whole.

(f)

Ownership of grantee. Grantee represents and warrants to grantor that the names of the shareholders, partners, members or other equity owners of the grantee and of any of the shareholders, partners, members and/or other equity owners of grantee are set forth in Exhibit A attached hereto. [Exhibit A is not herein set out. A copy can be found in the offices of the city.]

(g)

Compliance with laws and regulations. The provisions of this franchise shall be subject to applicable federal, state and local law. This franchise complies with the franchise standards contained in Minnesota Statutes Annotated (M.S.A.), Chapter 238; provided, however, if any provisions of M.S.A. 238 conflict with the Cable Act or other applicable federal law or rulings, the provisions of the Cable Act or such other federal law or ruling shall have precedence. Grantee and the franchising authority shall conform to all state laws, rules and regulations regarding cable communications not later than one year after they become effective, unless otherwise stated, and shall further conform to all federal laws and regulations regarding cable as they become effective.

(Ord. No. 12, 5th Series, § 2(2.1—2.7), 6-4-14)