APPENDIX A – FRANCHISESAPPENDIX A – FRANCHISES\Ordinance No. 880 (Telecom)

AN ORDINANCE OF THE CITY OF HEBRON APPROVING THE ASSIGNMENT TO GLENWOOD TELECOMMUNICATIONS, INC., OF THE FRANCHISE GRANTED TO DIODE CABLE CO. DATED SEPTEMBER 15, 2001 GRANTING SAID GLENWOOD TELECOMMUNICATIONS, INC. THE RIGHT, AUTHORITY, POWER AND FRANCHISE TO ESTABLISH, CONSTRUCT, ACQUIRE, MAINTAIN, AND OPERATE A HIGH SPEED INTERNET SERVICE WITHIN THE CITY OF HEBRON NEBRASKA, TO RENDER, FURNISH AND SELL HIGH SPEED INTERNET WITHIN ANY AREA OVER WHICH CITY HAS JURISDICTION, AND TO USE AND OCCUPY THE FACILITIES (BUILDINGS, POLES, TOWER, ETC.) THAT ARE REQUIRED TO OPERATE HIGH SPEED SERVICES FOR A TERM EXTENDING UNTIL NOVEMBER 1, 2028.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HEBRON:

Section 1: City of Hebron does hereby consent to the assignment to Glenwood Telecommunications, Inc., by Diode Cable Co., of all rights granted by a Franchise Agreement which was signed September 15, 2001.

Section 2: Said Franchise Agreement shall be and remain in full force and effect according to its original terms subject to the following changes: a) the name Glenwood Telecommunications, Inc., shall be substituted throughout for the name Diode Cable Co.; b) Glenwood shall furnish high-speed Internet Services and reception equipment to City’s Municipal Office at 216 Lincoln Street, City Library at 146 North 4th Street, City Fire Hall at 5th and Jefferson Street, Municipal Airport on U.S. Highway 136 and the Community Center at 1350 Dove Road; and c) the term of this Franchise shall be for 10 years beginning November 1, 2018 and ending on November 1, 2028, and shall automatically renew for additional one-year terms unless 90 days written notice is provided by either Party.

Section 3: All provisions of said Franchise Agreement dated September 15, 2001 shall be binding upon Glenwood Telecommunications, Inc., (Grantee) and all successors, lessees and assigns of Grantee whether expressly stated herein or not, and all the rights, authorities, powers, grants and privileges secured by said ordinance to the Grantee shall be held to inure to the benefit of the Grantee and all successors, lessees, and assigns of the Grantee; provided, however, that this franchise may not be assigned without the consent of the City, which consent shall not be unreasonably withheld.

(11-05-2018)