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2001-855 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2001-855 AN ORDINANCE REPEALING ORDINANCE 2001-850 WHICH GRANTED A CABLE TELEVISION FRANCHISE TO WIDEOPENWEST WHEREAS, in April 2000, WideOpenWest Minnesota, LLC ("WideOpenWest") requested that the City of Hopkins, Minnesota ("City") commence proceedings under Minn. Stat. 9238.081 to consider the grant of a cable television franchise ("Franchise") to WideOpenWest. WHEREAS, on February 6, 2001, the City adopted an Ordinance granting WideOpenWest a Franchise to own and operate a cable system within the City subject to acceptance by WideOpenWest. WHEREAS, on March 23, 2001, the City received a written letter from D. Craig Martin, Esq. of WideOpenWest informing the City of Wide Open West's inability to accept the Ordinance granting a Franchise due to adverse market conditions. Now therefore, the City Council of the City of Hopkins does hereby ordain: Section 1. Ordinance No. 2001-850 granting a Franchise to WideOpenWest is hereby repealed in its entirety. Section 2. The process undertaken by the City pursuant to Minn. Stat. 9 238.081 is hereby completed as it relates to WideOpenWest's request for a Franchise. Section 3. In the event WideOpenWest should seek a Franchise from the City it must reinitiate the statutory procedure required under Minn. Stat. 9238.081, as well as negotiate with the City mutually acceptable terms and conditions for a new Franchise. Section 4. The effective date of this ordinance shall be twenty days after publication. First Reading: June 5, 2001 Second Reading: June 19, 2001 Date of Publication: July 5, 2001 July 25, 2001 Date Ordinance Takes Effect: 1 p ~~~/~ Gen Maxwell, Mayor / Date 2