This nonexclusive franchise authorizes only the operation of a BTN as provided for herein, and does not take the place of any other license or permit which might be required by law of the grantee, its employees or agents.
A. 
The grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
B. 
The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electrical Safety Code and the National Electrical Code, as adopted by the City, and all applicable state and local laws, and in such a manner that they will not interfere with any installations of the City or of a public utility serving the City.
C. 
All structures and all lines, equipment, and connections in, along, across, over, under and upon the streets, sidewalks, alleys, or public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
It shall be the prerogative of the Council to liberally amend this nonexclusive franchise, upon application and consent of the grantee, when necessary to enable the grantee to take advantage of any developments in the provision of telecommunications services which will afford it an opportunity to service its subscribers more effectively, efficiently or economically; provided, however, that this section shall not be construed to require the Council to make any amendment.
A. 
All transmission and distribution structures, and equipment erected by the grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places.
B. 
It shall be the responsibility of the grantee to obtain the necessary pole attachment agreements from the City and/or private utility companies using poles within the City. If requested by grantee, the City shall assist grantee in obtaining such pole attachment agreements from public utility companies.
(1) 
All pole attachment agreements with the City shall be negotiated with the Mayor or his/her designee and approved by the Council.
C. 
If, at any time during the period of this nonexclusive franchise, the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
D. 
Any poles or other fixtures placed in any public way by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
E. 
The grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires to permit the moving of buildings shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.
F. 
The grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee.
G. 
In all sections of the City where any cables, wires or other like facilities of public utilities are placed underground, the grantee shall place its cables, wires, or other like facilities underground.
Except as may be permitted by federal law or regulation, and except as to promotional or discount packages, the grantee shall not, as to rates, charges, service, service facilities, rules, regulations or in any other respect, make or grant any undue preference or advantage to any person, or subject any person to any prejudice or disadvantage.
A. 
The grantee, except as required for its reasonable financing, shall not make, execute, or enter into any deed, deed of trust, mortgage, conditional sales contract, or any loan, lease, pledge, sale, gift or similar agreement concerning any of the facilities and property, real or personal, of the BTN system without prior approval of the Council, which shall not be unreasonably withheld, upon its determination that the transaction proposed by the grantee will not be inimical to the rights of the City under this nonexclusive franchise; provided, however, that this section shall not apply to the disposition of worn out or obsolete facilities or personal property in the normal course of carrying on the BTN system.
B. 
Grantee shall at all times be the full and complete owner of all facilities and property, real and personal, of the BTN system unless loaned, leased, or pledged pursuant to Council authorization under § A366-29A.
Prior approval of the Council, which shall not be unreasonably withheld, shall be required where ownership or control of more than 30 percent of the right of control of grantee is acquired by a person or group of persons acting in concert, none of whom already own or control 30% or more of such right of control, singularly or collectively. By its execution of the franchise agreement, the grantee specifically grants and agrees that any such acquisition occurring without prior approval of the Council shall constitute a violation of this ordinance by the grantee.
A. 
The right is hereby reserved to the City or the Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations of general applicability as it shall find necessary in the exercise of its lawful police powers. However, such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted.
B. 
The designated City official shall have the right to inspect the books, records, maps, plans, and other like materials pertaining directly to the nonexclusive franchise granted hereunder, of the grantee at any time upon reasonable notice and during normal business hours. Each party shall be responsible for its own costs attributable to such inspection.
C. 
The City shall have the right, during the life of this nonexclusive franchise, to install and maintain for a reasonable fee upon the poles of the grantee any wire and pole fixtures that do not interfere with the BTN operation of the grantee.
D. 
The City shall have the right to inspect all construction or installation work performed subject to the provisions of this nonexclusive franchise and other pertinent provisions of the state and local law. In the event such inspections reveal(s) that the grantee has failed, in the City's reasonable judgment, to fulfill its obligation under the terms of this nonexclusive franchise, the City shall notify the grantee, in writing, of its specific deficiencies. Absent commencement of corrective action by the grantee within 48 hours of receipt of said notification, the City, upon the direction of the Council, may undertake the necessary repairs or restoration at the grantee's sole expense.
E. 
At the expiration of the term for which this nonexclusive franchise is granted, or upon its termination or cancellation, as provided herein, and absent a franchise renewal, the Council may require the grantee to continue operations for a period not to exceed six months from the date of the Council's decision. In the event of such nonrenewal, the grantee shall have two years from the date it ceases operations to remove, at its own expense, all portions of its system from all public ways within the City and to restore said public ways to a condition reasonably satisfactory to the City.
F. 
Upon the nonrenewal or forfeiture of this franchise as provided for herein, the City, at its election and upon the payment of a sum equal to the fair market value to the grantee as provided by § A366-31G, shall have the right to purchase and take over the system in its entirety. Upon the exercise of this option and the payment of the above sum by the City and its service of an official notice of such action upon the grantee, the grantee shall immediately transfer to the City possession and title to all facilities and property, real and personal, of the system, free from any and all liens and encumbrances not agreed to be assumed by the City in lieu of some portion of the purchase price set forth above; and the grantee shall execute such warranty deeds or other instruments of conveyance to the City as shall be necessary for this purpose.
G. 
Upon the exercise of the option by the City to purchase and take over the system in its entirety, the fair market value to the grantee of the system as a going concern shall be determined by three disinterested parties, one of such parties to be selected by the City, another to be selected by the grantee, and the two parties so selected shall mutually agree upon a third party.
H. 
When all three parties have been selected, they shall proceed to appraise the system and determine the fair market value to the grantee, which determination shall be binding upon the City and the grantee. The fair market value shall not include and the grantee shall not receive anything for the valuation of any right or privilege appertaining to it under the grant of the franchise. In the event the two parties selected by the City and grantee are unable to agree upon a third party, then the presiding district judge of Canadian County, Oklahoma, or his designee shall serve as the third party. The party selected by the City shall be with approval of the Council. However, if the City no longer desires to acquire the system after its value is determined, the City may, without penalty or waiver of future rights to acquire the system, abandon its intention to acquire the system. The cost of the appraisal shall be shared equally between the City and grantee.
A. 
The grantee shall file with the City Clerk, upon request, maps or plats of all existing and proposed installations. Grantee shall, simultaneously with the execution of the franchise agreement, file a map of the City showing the proposed construction schedule of grantee.
B. 
Grantee shall file annually with the City its annual report to shareholders.
A. 
The grantee shall pay to the City quarterly an amount equal to 5% of grantee's annual gross revenues received from the operation of its system to provide cable service within the City. Payment due under this provision shall be payable 45 calendar days after the end of each calendar quarter. The increase in the franchise fee from 3% to 5% of annual gross revenues shall become effective 90 days after grantee's written acceptance of this ordinance as set forth in § A366-6.
B. 
The grantee shall submit with each payment a report showing the amounts of gross revenues for the proceeding quarter on which the franchise fee is determined. Additionally, grantee shall submit to the City an annual revenue audit statement within three months of the close of the fiscal year, setting forth the computation of gross revenues for the preceding year and an explanation of the method of computation. The annual statement shall be submitted to the City by a nationally recognized certified public accountant firm. The required reports shall be prepared at the expense of the grantee on forms reasonably acceptable to the City and certified by the grantee's chief financial officer or the certified public accountant firm.
A. 
In addition to all other rights and powers pertaining to the City by virtue of this nonexclusive franchise or otherwise, the City reserves the right to terminate and cancel this nonexclusive franchise and all rights and privileges of the grantee hereunder in the event that the grantee:
(1) 
Willfully violates any material provision of this ordinance or any rule, order, or determination of the Council made pursuant to this nonexclusive franchise, except where such violation is without fault or through excusable neglect;
(2) 
Becomes insolvent, or unable to pay its lawful debts, or is adjudged bankrupt;
(3) 
Willfully violates or attempts to evade any of the material provisions of this nonexclusive franchise or practices any fraud or deceit upon the City or its citizens.
B. 
Such termination or cancellation shall be by ordinance duly adopted and published after 60 days' prior written notice to grantee of its proposed adoption; provided, however, before this nonexclusive franchise may be terminated and canceled under this section, grantee must have been provided with at least 60 days' prior written notice of the alleged franchise violation and an opportunity to cure or attempt to cure such alleged violation and an opportunity to be publicly heard before the Council. In the event that such termination or cancellation depends upon a finding of fact, such finding of fact as made by the Council or its representative shall be conclusive.
This franchise shall not be transferred or assigned by the grantee without the prior written consent of the Council, which shall not be unreasonably Withheld, provided grantee may upon 30 days' prior written notice to the Council transfer this franchise to an entity controlling, controlled by or under common control with grantee.
The grantee agrees to abide by all provisions of this ordinance, and further agrees that it will not at any future time set up, as against the City, the claim that the provisions of this ordinance are unreasonable, arbitrary or void, except to the extent federal or state law preempts or supersedes such provisions.
Subject to applicable federal law, grantee shall not, under penalty of forfeiture of its nonexclusive franchise rights and privileges, without the express prior approval of the Council, give, sell or exchange to any person any information concerning subscribers, subscriber viewing habits or preferences except for normal business practices. The purpose of this section is to ensure that the right of privacy of each subscriber shall be fully protected.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Except as otherwise provided herein, all previous ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Whereas, it being immediately necessary for the preservation of the peace, health and safety of the City of El Reno and the inhabitants thereof that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect and be in full force from and after its passage as provided by law.