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CITY OF NORTH OLMSTED <br />ORDINANCE N0. 89-79 <br />BY: Mayor M. Yvonne Petrigac <br /> <br /> <br />AN ORDINANCE GRANTING TO METROTEN CABLEVISION, INC., AN <br />OHIO CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A NON- <br />EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, MAINTAIN AND <br />OPERATE A CABLE COMMUNICATIONS SYSTEM IN, UNDER, OVER, <br />ALONG, ACROSS AND UPON THE STREETS AND PUBLIC GROUNDS <br />WITHIN THE CITY OF NORTH OLMSTED, AND FIXING AND <br />PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SUCH <br />OPERATION SHALL BE CONDUCTED. <br />WHEREAS, there is an urgent and pressing demand by the residents of <br />North Olmsted (the "City") for cable communications service; and <br />WHEREAS, competition in the delivery of cable communications service is <br />in the public interest and the City should take appropriate action to <br />stimulate such competition; and <br />tm <br />WHEREAS, MetroTEN Cablevision seeks the right to use wired cable <br />technology to expand cable service to areas where potential customers are <br />blocked from receiving the "wireless cable" signal; and <br />tm <br />WHEREAS, the grant of the cable franichse to MetroTEN Cablevision will <br />allow the company to provide cable service to those areas without access to <br />wireless cable signal; and <br />tm <br />WHEREAS, MetroTEN Cablevision, Inc., an Ohio corporation, is seeking <br />the grant of a non-exclusive franchise to construct and operate a wired <br />cable communications system in, under, over, along, across and upon the <br />streets and public grounds within the City. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: Grant of Franchise. Pursuant to the Charter of the City <br />and in accordance with the provisions of the Cable Communications Policy <br />Act of 1984 (the "Cable Act") and regulations promulgated thereunder, and <br />subject to the terms and conditions set forth herein, MetroTEN Cablevision, <br />Inc., an Ohio corporation, and its successors and assigns (the "Grantee"), <br />is hereby granted a non-exclsive franchise, for the full period of fifteen <br />years after the effective date of this Ordinance, to construct, install, <br />maintain and operate a cable communications system (the "Cable System") in, <br />under, over, along, across and upon the Streets and Public Grounds (which <br />