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Enterprise Dispatch Legal Notices
New public notices published in the issue of Nov.22, 2019

Public Hearing
Amending City of Cokato Fee Schedule
NOTICE IS HEREBY GIVEN that the Cokato City Council, Wright County, Minnesota will conduct a public hearing on Monday, December 9, 2019 at 6:00 p.m. or as soon thereafter as possible in the council chambers at Cokato City Hall, 255 Broadway Ave S, Cokato, Minnesota 55321, to consider amendments to the City’s Fee Schedule Ordinance. A draft of the revised Fee Schedule Ordinance will be available for public inspection at City Hall on Monday, November 25, 2019 or on the city’s website at www.cokato.mn.us.
Persons wishing to be heard regarding these revisions will have an opportunity to do so at the public hearing. Written comments may be submitted any time prior to the City Council meeting. Send comments to: City of Cokato, PO Box 1030, 255 Broadway Ave S, Cokato, MN 55321.
Annita M. Smythe City Administrator
Published in the Enterprise Dispatch Nov. 22 and 29, 2019.

Public Meeting
Adoption of 2020 Budget and Levy
NOTICE IS HEREBY GIVEN that the Cokato City Council, Wright County, Minnesota will conduct a public meeting on Monday, December 9, 2019 at 6:00 p.m. or as soon thereafter as possible in the council chambers at Cokato City Hall, 255 Broadway Ave S, Cokato, Minnesota 55321, to receive public comment prior to adoption of the 2020 budget and property tax levy. The draft budget and proposed levy are available for public inspection at City Hall or on the city’s website www.cokato.mn.us. Additional details can be found on the city’s ClearGov web page at www.cleargov.com.
Persons wishing to be heard regarding these items will have an opportunity to do so at the public meeting. Written comments may be submitted any time prior to the City Council meeting. Send comments to: City of Cokato, PO Box 1030, 255 Broadway Ave S, Cokato, MN 55321.
Annita M. Smythe City Administrator
Published in the Enterprise Dispatch Nov. 22 and 29, 2019.

CITY OF COKATO, MINNESOTA
ORDINANCE NO. 2019-05
AN ORDINANCE GRANTING A FRANCHISE TO SPECTRUM MID-AMERICA, LLC L/K/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF COKATO, MINNESOTA.
RECITALS
1. This Cable Franchise Ordinance (“Franchise”) is made and entered into by and between the City of Cokato, a municipal corporation of the State of Minnesota (“City”) and Spectrum Mid-America, LLC l/k/a Charter Communications, a limited liability company (“Grantee”).
2. Pursuant to Ordinance No. 2019-02 (“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 has requested that its current franchise be renewed pursuant to Section 626(h) of the Cable Act.
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 renew the Franchise with Grantee.
5. This Franchise is nonexclusive and is intended to comply with applicable laws and regulations.
THE CITY COUNCIL OF THE CITY OF COKATO 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 be as defined in applicable law.
Section 1.2 Written Notice.
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 Cokato
P.O. Box 1030
225 Broadway Avenue South
Cokato, MN 55321
Attn: City Administrator
With copies to:
Chair, Sherburne/Wright
Counties Cable
Communications Commission
c/o City of Buffalo
212 Central Avenue
Buffalo, MN 55313

If to Grantee:
Spectrum Mid-America, LLC
Attn: Government Affairs
16900 Cedar Avenue South.
Rosemount, MN 55068
With copies to:
Charter Communications
Attn: VP of Government Affairs
601 Massachusetts Ave. NW,
Suite 600W
Washington, DC 20001

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 erect, construct, operate and maintain in, along, across, above, over and under the Rights-of-Way, now in existence and as may be created or established during the term of this Franchise any poles, wires, cable, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation of a Cable System in the City. Nothing in this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not prohibited by federal, state or local law.
b. This Franchise is granted pursuant to the Cable Ordinance, in all cases subject to and without waiving applicable law. This Franchise is a contract and except as to those changes which are the result of the City’s lawful exercise of its general police powers, the City may not take any unilateral action which materially changes the explicit mutual promises in this contract. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern.
c. This Franchise shall be nonexclusive and City may grant additional Franchises at any time. The City will not grant an additional Franchise on terms and conditions more favorable or less burdensome than those in this Franchise and Grantee shall have all rights provided by Section 14.4 of the Regulatory Ordinance in the event an additional Franchise(s) is granted. The City may impose additional terms and conditions in any additional Franchise.
d. The City shall comply with Section 14.4 of the Cable Ordinance in the event an additional provider is legally authorized to provide Cable Service.
e. Grantee acknowledges the City’s right to issue this Franchise. Upon acceptance of this Franchise by Grantee as required by Section 8 herein, this Franchise shall supersede and replace any previous ordinance or other authorization granting a Franchise to Grantee, and all rights, obligations and claims under any previous Franchise are extinguished, except that the Grantee’s obligation to indemnify the City against claims that arose during the term of the previous Franchise shall continue in full force and effect subject to applicable law.
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. This Franchise is granted for the corporate boundaries of the City, as it exists from time to time, subject to the density requirement of Section 2.3.b below. The City will notify the Grantee in writing in the event the City annexes any areas that the Grantee will be required to serve subject to Section 2.3b below.
b. The Grantee will extend its System and offer Cable Service, within a reasonable time, after a request for Service, to areas with a density of at least nine (9) residential units per one-quarter (1/4) cable mile of System, as measured from the nearest accessible Cable System tie-in point actively delivering Cable Service as of the date of such request for Service. Where the density is less than that specified above, the Grantee may require that Persons requesting Service pay a portion of the cost of the capital cost of the line extension in advance. The Grantee shall provide a free written estimate of the total cost for extension and the required payment amount within fifteen (15) days of the request for Service. 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. Subscribers shall also be responsible for any standard/non standard installation charges to extend the Cable System from the tap to the residence.
SECTION 3. SYSTEM
Section 3.1 System Capacity.
Grantee will continue to operate a System providing a minimum of at least 75 video programmed Channels throughout the term of this Franchise. The System must have return capability and permit “narrowcasting” as provided in Section 4.2(c).
Section 3.2 Construction Deadline.
Except for Grantee’s System extension obligations pursuant to Section 2.3, System construction is substantially complete. Subject to Section 2.3b above, Grantee will use commercially reasonable efforts to complete any System extension and construction of new facilities for new developments contemporaneous with installation of other utilities. The City shall provide reasonable and timely advance written notice of the location of all new developments to Grantee.
SECTION 4. COMMUNITY SERVICES
Section 4.1 Commercial Video Programming.
The Grantee will provide broad categories of video programming, including news, sports and entertainment.
Section 4.2 PEG Access Facilities.
a. Access Channels. The Grantee shall continue to dedicate two (2) Channels for public, education, and government access (“PEG Access”) programming. The two (2) 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. Only to the extent required by Minn. Stat. §238.084, Subd. 1. (z) and permitted by applicable law, 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. 1(z), and applicable FCC regulations.
b. Responsibility for PEG Access. The City will operate, administer, and manage PEG Access programming pursuant to this Section 4.2. The City may delegate its PEG Access authority and responsibilities to the Commission. The Grantee acknowledges that the Commission may coordinate the expenditure of Franchise Fees and PEG Capital Fees by and among the Commission’s member municipalities. Nothing herein shall obligate the City to make equipment or channels available for public access programming or to any particular programmer.
c. Narrowcast. The System currently allows one (1) PEG Access Channel to be “narrowcast;” i.e. permits a program to be cablecast on such Channel for viewing solely by Subscribers in one City while Subscribers in adjoining cities served by the Grantee and who are members of the Commission simultaneously view other programming on that Channel. Grantee shall continue to ensure that such narrowcasting is provided on the System.
d. Live Origination. The Grantee shall continue to provide two-way capability permitting transmission of live programming from the public institutional sites listed in Exhibit A-1 attached. The Grantee shall not be required to provide end-user equipment. The City may designate relocated or additional live programming sites provided that the City shall pay the actual construction cost of connecting such relocated or additional live programming sites prior to the Grantee’s construction of same. The Grantee must ensure that the System meets the technical standards attached as Exhibit B at all live origination sites. The Grantee must further ensure that the City can “narrowcast” programming originated from City Hall consistent with Section 4.2c.
e. High Definition.
(i) Within one hundred and twenty (120) days after the Effective Date, unless delayed by events out of Grantee’s reasonable control, the Grantee shall convert the Commission’s area-wide PEG Access Channel (i.e. the Channel that is not “narrowcast” to each member city pursuant to Section 4.2(c)) to high definition (“HD”) provided that the programming signals are provided to the Grantee in HD and meet Grantee’s technical specifications for HD channels. Thereafter, at such time as Grantee makes at least 90% of all non-PEG Channels available in HD, the Grantee shall also convert the “narrowcast” PEG Access Channel to HD provided that the programming signals are provided to the Grantee in HD and meet Grantee’s technical specifications for HD channels. The City understands that, although the Grantee must ensure that the PEG Access Channels are cablecast on the Basic Cable Service tier and available to all Subscribers at no additional charge, the HD PEG Access Channel will not be located on the Basic Cable tier, the signal from the HD PEG Access Channels may not be available in HD on the Basic Cable tier of service, and Grantee shall have no obligation to carry PEG Access Channels in more than one format; i.e. dual carriage. Grantee’s costs to purchase equipment to convert and distribute programming on the PEG Access Channels in HD will be reimbursed by the City or Commission in an aggregate amount not to exceed Seven Thousand Five Hundred Dollars ($7500.00) within sixty (60) days of receipt of invoices evidencing Grantee’s expenditures.
(ii) The City acknowledges that in order to receive Access Channels in HD format Subscribers may be required to buy or lease special equipment, or pay additional HD charges applicable to all HD services,
f. PEG Access Capital Support. In addition to the requirements of Section 4.2(a)-(d) above, the Grantee shall collect and remit a PEG capital fee of up to eighty-five cents ($.85) per Subscriber, per month (“PEG Capital Fee”). The Grantee shall remit such payments on the same schedule as the Franchise Fee. All amounts paid shall be subject to audit and recomputation and acceptance thereof does not constitute an accord that amounts paid are correct. The PEG Capital Fee as of the Effective Date is eighty-five cents ($.85) per Subscriber, per month. Grantee may itemize any PEG Capital Fee on Subscriber’s bills. Payment by Grantee must be separate from and in addition to any Franchise Fee.
g. Use of PEG Capital Fee. The City and Grantee agree that the City will expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated with PEG Access. In consideration for Grantee’s obligation to remit the PEG Capital Fee, the City agrees to provide financial support for PEG Access that is equivalent to the amount of PEG Capital Fees collected and provided to the City. Within sixty (60) days of written request, the City shall provide Grantee with an annual report of any expenditures of the PEG Access Capital Fee to insure such fees are used for capital costs related to PEG Access. The report shall also demonstrate how the City fulfilled its requirement to provide matching support for PEG Access. Based on the report, the Grantee may send a written notice to the City alleging that the City failed to demonstrate that the PEG Capital Fee was used for capital or that matching PEG Access support was provided. The City shall have thirty (30) days after receipt of the written notice to provide additional information demonstrating compliance with the requirements of this Section. If the Grantee continues to allege that the City has not complied with its obligations herein, the Grantee may provide written notice of its intent to reduce and/or discontinue collecting and remitting the PEG Capital Fee. If the City disputes the Grantee’s actions, it may initiate any enforcement action under the Cable Ordinance it deems appropriate.
h. Access Rules. The City may implement rules governing PEG Access Channels and programming.
i. Parity of Obligations. The City will impose equivalent PEG Access obligations on any other franchised provider of Cable Service in the City.
Section 4.3 Drops and Service to Public Buildings.
a. Subject to applicable law, the Grantee must provide, without charge, monthly Basic Cable Service and Cable Programming Service (excluding pay-per-channel or pay-per-program), one (1) Drop, one (1) outlet, and one (1) Converter of the type and functionality made available to Subscribers (“Complimentary Service”) to the public institutional sites listed in Exhibit A-2 attached which are served as of the Effective Date. The programming provided by Grantee is not for public display. The City shall hold the Grantee harmless for any copyright, or other penalties, incurred due to improper use of free service. If additional Converters or other customer premises equipment (“CPE”) are required to receive Complimentary Service, Grantee reserves the right to charge the institution the published rate for such CPE consistent with applicable law.
b. Subject to applicable law, the Grantee shall connect such additional public administration buildings as the City may subsequently designate, provided however, that the Grantee shall only be required to pay the cost of the first one hundred and fifty (150) feet of any necessary System or Drop construction as measured from an accessible System tie-in point actively delivering Cable Service, and further provided that the City or institution shall pay any additional mutually agreed upon construction cost. The Grantee will have a reasonable time from the designation of additional sites to complete extension. Institutions may add outlets at their own expense. The Grantee shall only be required to provide Complimentary Service to the extent a newly designated building replaces a site previously receiving such service.
Section 4.4 Receipt of Subscriber Payments
The Grantee must maintain a convenient means for Subscribers to make payments such as the ability to make payments electronically via a company website.
SECTION 5.ADMINISTRATION PROVISIONS
Section 5.1 Franchise Fee.
a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments to the City on a quarterly basis within 60 days of the close of the preceding calendar quarter. Payments shall be based on Gross Revenues generated during the preceding calendar quarter. In the event Grantee offers a bundle or package of Cable Services and non-Cable Services at a discounted rate, the Grantee must allocate revenues between Cable Services subject to the Franchise Fee and non-Cable Services that are not subject to the Fee on a proportionate pro rata basis in accordance with Generally Accepted Accounting Principles (“GAAP”). In no event shall the Grantee allocate the revenues to evade its Franchise Fee obligations under this Franchise or to disproportionately reduce Gross Revenues.
b. Each Franchise Fee payment must be accompanied by a report in form reasonably acceptable to City detailing the computation of the payment. All amounts paid are subject to audit and recomputation by the City, and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. In accordance with Minn. Stat. § 541.05, any action to recover Franchise Fees must be commenced within three (3) years of receipt of the Franchise Fee payment or due date for such payment.
c. In the event that any Franchise payment or recomputed payment is not made on or before the dates specified herein, Grantee shall pay an interest charge, computed from such due date, at the annual rate of one percent over the prime interest rate.
Section 5.2 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
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 to the Commission, for the benefit of all member cities of the Commission, a single performance bond in the amount of Fifty Thousand Dollars ($50,000.00) in a form and substance reasonably acceptable to the Commission. The single bond provided to the Commission shall comply with the parallel bonding requirements imposed by the other members of the Commission. The Grantee must maintain the bond until this Franchise expires or is terminated.
b. The bond shall 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 security, 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 is entitled to collect any resultant damages, costs or liabilities incurred by the City.
c. The City and Grantee acknowledge that 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. Accordingly, the City may, in its reasonable discretion, collect 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 in an amount not to exceed Five Thousand Dollars ($5,000.00) in any calendar year. 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 bond or otherwise seeks to assess liquidated damages, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise.
e. The City’s rights herein are in addition to all other rights the City may have and the City’s exercise of such rights 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 mutually agree, from time to time, to amend this Franchise. Any changes, modifications or amendments to this Franchise must be made in writing, signed by the City and the Grantee. Nothing herein is intended to expand or diminish the rights given to City under state law. The City reserves its lawful rights, including its police powers, ordinance-making authority, and under power of eminent domain law.
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.
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, preempted 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, preempted or unenforceable provisions do not substantially alter the agreement between the Parties. In the event a law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid, preempted or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding upon thirty (30) days written notice to the Grantee.
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.
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 work performed by 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 Entire Agreement.
This Franchise sets forth the entire agreement between the parties respecting the subject matter hereof. All agreements, covenants, representations, and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another with respect to the matter of this Franchise. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties with respect to the subject matter hereof are waived, merged herein and therein and are superseded hereby and thereby.
SECTION 8. ACCEPTANCE OF FRANCHISE
Section 8.1 Publication and Effective Date.
This Franchise will be effective on the date of acceptance by Grantee. This Franchise shall be enacted and published in accordance with applicable local and Minnesota law.
Section 8.2 Time for Acceptance.
a. The Grantee must accept this Franchise within sixty (60) 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.
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 13th day of November, 2019.
CITY OF COKATO
By: /s/ Gordy Erickson
Its: Mayor
By: /s/ Andrew Carlson
Its: City Clerk
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
SPECTRUM MID-AMERICA, LLC L/K/A CHARTER COMMUNICATIONS
By: Charter Communications, Inc.
Its: Manager
By: /s/ Paul Abbott
Its: VP Local Government Affairs and Franchise
Date: 9/27/2019

EXHIBIT A-1
(Live Origination Sites)
City of Big Lake, City Hall
160 Lake St N, Big Lake, MN 55309
City of Buffalo, City Hall*
212 Central Ave, Buffalo, MN 55313
City of Cokato, City Hall
555 Broadway Ave S, Cokato, MN 55321
City of Cokato, Fire Hall
745 7th Street SE, Cokato, MN 55321
City of Dassel, City Hall
460 3rd St, Dassel, MN 55325
City of Delano, City Hall
234 2nd St N, Delano, MN 55328
City of Elk River, City Hall
13065 Orono Pkwy NW, Elk River, MN 55330
City of Maple Lake, City Hall
10 Maple Ave S, Maple Lake, MN 55358
City of Rockford, City Hall
6031 Main St, Rockford, MN 55373
City of Watertown, City Hall
309 Lewis Ave S Ste 1, Watertown, MN 55388
City of Monticello, City Hall
505 Walnut St Ste 1, Monticello, MN 55362
• In Buffalo City Hall, Grantee shall continue to provide two (2) Converters free of charge for program monitoring purposes and two-way connectivity for two (2) programming streams originating from this site.
EXHIBIT A-2
(Complimentary Service Sites)
City Hall Locations
City of Big Lake, City Hall,
160 Lake Street North, Big Lake MN 55309
City of Buffalo, City Hall
212 Central Avenue Buffalo, MN 55313
City of Cokato, City Hall
255 Broadway Avenue South, Cokato, MN 55321
City of Dassel, City Hall
460 3rd Street Dassel, MN 55325
City of Delano, City Hall
234 2nd Street North Delano, MN 55328
City of Elk River, City Hall
13065 Orono Parkway NW, Elk River, MN 55330
City of Maple Lake, City Hall
10 Maple Avenue South, Maple Lake, MN 55358
City of Rockford, City Hall
6031 Main Street Rockford, MN 55373
City of Monticello , City Hall
505 Walnut Street Monticello, MN 55362
City of Watertown, City Hall
309 Lewis Avenue South, Watertown, MN 55313
SWTV - Area Wide Channel (Located in Buffalo City Hall)
212 Central Avenue Buffalo, MN 55313
Public Safety Locations
Big Lake Police Department
790 Minnesota Avenue, Big Lake, MN 55309
Big Lake Fire Department
20243 County Road 43, Big Lake, MN 55309
Big Lake Public Works
18041 198th Avenue, Big Lake, MN 55309
Buffalo Police Department
215 1st Avenue NE, Buffalo, MN 55313
Buffalo Fire Department - Station 1 -
212 Central Avenue, Buffalo, MN 55313*
Buffalo Fire Department - Station 2 -
209 Atlas Avenue NE, Buffalo, MN 55313
Buffalo Streets and Parks
1303 County Road 134, Buffalo, MN 55313
Buffalo Utilities Campus
503 Lake Blvd. NW, Buffalo, MN 55313
Cokato Fire Department
745 7th Street SE, Cokato, MN 55321
Cokato Public Works
695 Cokato Street East, Cokato, MN 55321*
Delano Fire Station
245 2nd Street North, Delano, MN 55328
Delano Public Works
402 County Road 30 SE, Delano, MN 55328*
Dassel Fire Department
426 2nd Street North, Dassel, MN 55325
Elk River Police Department 1
13077 Orono Parkway, Elk River, MN 55330
Elk River Fire Department - Station 1 -
415 Jackson Street, Elk River MN 55330
Elk River Fire Department - Station 2 -
13073 Orono Parkway, Elk River, MN 55330
Elk River Emergency Operations Center
13077 Orono Parkway, Elk River, MN 55330
Elk River Public Works
19000 Proctor Road NW, Elk River, MN 55330
Maple Lake Fire Department
106 Division Street West, Maple Lake, MN 55358
Maple Lake Pubic Works
441 Oak Avenue South, Maple Lake, MN 55358
Monticello Fire Department (Current Address)
6th Street West, Monticello, MN 55362
Monticello Fire Department (November 2019)
101 Chelsea Road, Monticello, MN 55362*
Monticello Public Works
909 Golf Course Road, Monticello, MN 55362
Rockford Fire Department
6700 Main Street, Rockford, MN 55373
Rockford Public Works
6551 Utility Drive, Rockford, MN 55373
Watertown Fire Department
401 Carter Street NE, Watertown, MN 55388
Watertown Public Works
700 Lewis Avenue North, Watertown, MN 55388
*The Grantee’s rights to recover its actual, demonstrated costs of completing these connections shall be governed by Section 4.3.b. of the Franchise.
EXHIBIT B
(Technical Standards- Live Origination Sites)
With respect to all sites listed in Exhibit A, the System shall meet or exceed the following requirements:
1. The System shall operate in conformance with the technical standards promulgated by the FCC pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time.
2. The System shall be capable of continuous 24-hour operation without signal degradation.
3. The System shall be capable of operation without failure, material performance changes or signal degradation over an outdoor temperature range of -40 degrees F to +130 degrees F and over a variation in supply voltages from 105 to 130 volts AC.
4. The System will provide access channel connections up to the demarcation point, both upstream and downstream, without material signal degradation or deterioration and with signal quality equal to or better than any other channels. Material signal degradation or deterioration where any signal problem including ghosting or other audio or visual distortion or interference is apparent without special testing. The Grantee shall not be responsible for technical problems deriving from facilities or equipment located beyond the demarcation point, within the institutional site.
Published in the Enterprise Dispatch Nov. 22, 2019.

CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
COURT FILE NO. 86-CV-19-5749
JUDGE CATHERINE McPHERSON
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
BE Holdings LLC, et al.
Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
NOTICE
To the Respondents hereinabove named:
You, and each of you, are hereby notified that on January 17, 2020, at 9:00 o’clock am., or as soon thereafter as counsel can be heard, before Judge Catherine McPherson, in the Government Center at Buffalo, Wright County, Minnesota, the above named petitioner will present to the above named Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes. A copy of said petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, That at the above time and place the above-named petitioner will also move the court for an order transferring title and possession to petitioner of the parcels described in the petition in accordance with Minn. Stat. §117.042, as of February 27, 2020.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE FEBRUARY 27, 2020. All advertising signs or devices located on the property being acquired must be removed by February 27, 2020.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
Dated: 10/30/19
KEITH ELLISON
Attorney General
State of Minnesota
/s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER

CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
BE Holdings LLC, Citizens State Bank of Waverly, JigLabs LLC, County of Wright, BEH Properties LLC, First National Bank of Cokato, City of Cokato, Jose Ricardo Larios, also known as Jose R. Larios and also known as Ricky Larios, Benjamin Aho, Kala E. Larios, Gina Aho, Kensington Bank, Aho Management, Inc., DMSJ, LLC, United States of America Small Business Administration, 21st Century Bank, Duane Smith Canvas Works, Inc., Allina Health System, successor in interest by merger to Allina Medical Clinic, previously known as Allina Medical Group, a MN nonprofit corporation, Home State Bank, Steven F. Nolan, Julie Nolan, Gloria A. Lindquist, Jason Lindquist, Jessica Lindquist, Bruce E. Lindquist, Sandra D Lind, Randy Allen Lindquist, Marisol Lindquist, Evelyn Lindquist, Steven Lind, Donna Lindquist, Casey’s General Stores Inc., VEREIT SH Cokato MN, LLC, Ricky’s Insulation, Inc., Dean Mahlstedt, Lorna L. Mahlstedt, ProCare Services, Inc., also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
PETITION
To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:
I. That Trunk Highway numbered 12, being Route numbered 10, has been located according to law and passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 98035, 98036 and 98037.
That it is duly covered by Graphic Order numbered 97741.
II. That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, together with the following rights: to acquire a temporary easement in those cases which are herein particularly mentioned.
With reference to Parcel 257, there appears a mortgage executed by DMSJ, LLC, a limited liability company, under the laws of the State of Minnesota, mortgagor, to Minnesota Business Finance Corporation, mortgagee, and assigned to United States of America, Small Business Administration, assignee, and filed in the office of the County Recorder in Wright County, Minnesota, as follows:
Dated Date Filed
March 24, 2016 March 29, 2016
Document No.
1311158
It is the intention of the above-named petitioner to move the court for an order authorizing the Court Administrator to accept and deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes.
Further, it is the intention of the above-named petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes §117.042.
The petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.
III. That the following described lands in these proceedings taken are situated in Wright County, Minnesota; that the names of all persons appearing of record or known to your petitioner to be the owners of said lands or interested therein, including all whom your petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:
FEE ACQUISITION
Parcel 246 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of Tract A described below:
Tract A. That part of the Southwest Quarter of the Southwest Quarter of Section 27, Township 119 North, Range 28 West, Wright County, Minnesota,described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southwest Quarter; thence West 127 feet;thence North 104 feet; thence East 127 feet; thence South 104 feet to the point of beginning; lying northerly of the northerly boundary of Minnesota Department of Transportation Right of Way Plat No. 86-29 as the same is on file and of record in the office of the County Recorder in and for said Wright County;
containing 8001 square feet, more or less, of which 2205 square feet is encumbered by an existing road easement.
Names of parties interested in the above described land and nature of interest:
BE Holdings LLC Fee
Citizens State Bank of Waverly Mortgage
JigLabs LLC Lessee
County of Wright Taxes
FEE ACQUISITION
Parcel 246B C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 119 North, Range 28 West, shown as Parcel 246B on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota;
containing 3056 square feet, more or less;
together with other rights as set forth below, forming and being part of said Parcel 246B:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 246B by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing building situate thereon.
Names of parties interested in the above described land and nature of interest:
BEH Properties LLC Fee
First National Bank of Cokato Mortgage
City of Cokato Lis Pendens
County of Wright Taxes
Parcel 249 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
A temporary easement for highway purposes in that part of Outlot 1, Lee’s Addition, shown as Parcel 249 on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing signs situate thereon.
Names of parties interested in the above described land and nature of interest:
Jose Ricardo Larios, also known as Jose R. Larios and also known as Ricky Larios Fee
Benjamin Aho Fee
Kala E. Larios Spouse
Gina Aho Spouse
Kensington Bank Mortgage
County of Wright Taxes and Special
Assessments
Aho Management, Inc. Occupant
Parcel 257 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
A temporary easement for highway purposes in that part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 119 North, Range 28 West, shown as Parcel 257 on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
DMSJ, LLC Fee
United States of America Small Business
Administration Mortgage
21st Century Bank Mortgage and
Financing Statement
Duane Smith Canvas Works, Inc. Lessee
County of Wright Taxes and Special
Assessments
FEE ACQUISITION
Parcel 259A C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
That part of Lot 3, Block 1, NORTH INDUSTRIAL PARK TWO, shown as Parcel 259A on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 259A:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 259A by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Allina Health System, successor in interest
by merger to Allina Medical Clinic, previously known as Allina Medical Group, a MN nonprofit corporation Fee
County of Wright Taxes and Special
Assessments
FEE ACQUISITION
Parcel 267 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 119 North, Range 28 West, shown as Parcel 267 on Minnesota Department of Transportation Right of Way Plat Numbered 86-137 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota;
containing 75 square feet, more or less;
together with other rights as set forth below, forming and being part of said Parcel 267:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 267 by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing building situate thereon.
Names of parties interested in the above described land and nature of interest:
Jose Ricardo Larios, also known as Jose R.
Larios and also known as Ricky Larios Fee
Kala E. Larios Spouse
Home State Bank Mortgage
Steven F. Nolan Claimant of an Interest
Julie Nolan
County of Wright Taxes and Special
Assessments
Parcel 344 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
A temporary easement for highway purposes in that part of Lot 28 and vacated alley, Block 4, and vacated Jenks Avenue, Town of Cokato, shown as Parcel 344 on Minnesota Department of Transportation Right of Way Plat Numbered 86-135 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing retaining wall and steps situate thereon.
Names of parties interested in the above described land and nature of interest:
Gloria A. Lindquist Life Estate
Jason Lindquist Fee
Jessica Lindquist
Bruce E. Lindquist Fee
Sandra D Lind Fee
Randy Allen Lindquist Fee
Marisol Lindquist Spouse
Evelyn Lindquist Spouse
Steven Lind Spouse
Donna Lindquist Spouse
County of Wright Taxes and Special
Assessments
Parcel 348 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
A temporary easement for highway purposes in that part of Outlot 1, Lee’s Addition, shown as Parcel 348 on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing sign situate thereon.
Names of parties interested in the above described land and nature of interest:
Casey’s General Stores Inc. Fee
County of Wright Taxes and Special
Assessments
FEE ACQUISITION
Parcel 350 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
That part of Lot 1, Block 1, NORTHEAST COMMERCIAL ADDITION, shown as Parcel 350 on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 350:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 350 by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
VEREIT SH Cokato MN, LLC Fee
City of Cokato Claimant of an Interest
County of Wright Taxes and Special
Assessments
Parcel 356 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
A temporary easement for highway purposes in that part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 119 North, Range 28 West, shown as Parcel 356 on Minnesota Department of Transportation Right of Way Plat Numbered 86-136 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Jose Ricardo Larios, also known as Jose R. Larios and also known as Ricky Larios Fee
Kala E. Larios Spouse
Kensington Bank Mortgage
Home State Bank Mortgage
Ricky’s Insulation, Inc. Lessee
County of Wright Taxes and Special
Assessments
FEE ACQUISITION
Parcel 445 C.S. 8601 (12=10) 901
S.P. 8601-61RW
All of the following:
That part of Lots 1 and 2, and vacated alley, Block 4, Town of Cokato, shown as Parcel 445 on Minnesota Department of Transportation Right of Way Plat Numbered 86-135 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 445:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 445 by the temporary easement symbol, said easement shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes.
Names of parties interested in the above described land and nature of interest:
Dean Mahlstedt Fee
Lorna L. Mahlstedt
First National Bank of Cokato Mortgage
County of Wright Taxes
ProCare Services, Inc. Occupant
WHEREFORE, Your petitioner prays that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that suchproceedings may be had herein as are provided by law.
Dated: 10/17/19
KEITH ELLISON
Attorney General
State of Minnesota
/s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
MINN. STAT. § 549.211
ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.
Dated: 10/17/19
KEITH ELLISON
Attorney General
State of Minnesota
/s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
Published in the Enterprise Dispatch Nov 22, 29, and Dec. 6, 2019.