The provisions of the Oklahoma Security Guard and Private Investigator Act (59 O.S. § 1750.1 et seq.), are adopted by reference and punishable as provided in section 1-8.

Septic tank haulers operating within the city boundaries shall be required to hold a valid state septic hauler's license, a copy of which must be on file with the city clerk. Haulers must submit reports of all hauling activity, upon the form provided by the community development department, for the previous month, to the community development department, on or before the fifth day of each succeeding month, provided that, if the fifth day falls on a weekend or holiday, then the report shall be due the first working day thereafter. Each day of operation without a valid license shall constitute a separate offense. Each day following the due date for reporting of each succeeding month for which a report of activity for the previous month has not been submitted as required in this section shall constitute a separate offense.

(Code 1977, § 16.24.100(F); Ord. No. 661, § 1, 3-4-1997)

State Law reference— Licensing of septic tank cleaners, 27A O.S. § 2-6-801.

(a)

It is unlawful for any person to operate one or more taxicabs in the city without securing a taxicab operator's license. Upon application, the clerk of the municipality will issue such license upon the following conditions:

(1)

That the applicant pay an annual license tax in the amount fixed in section 42-22;

(2)

That the applicant take out and file with the clerk proof of financial responsibility as set forth in 47 O.S. § 8-104. Such license shall be in effect only when such policy is in force.

(b)

Such licenses shall expire on April 30.

(Code 1977, § 5.24.010)

There is levied an annual inspection fee and service charge upon each and every person operating a telephone exchange in the city, in an amount equal to two percent of the gross revenues for each current year for exchange telephone transmission service rendered wholly within the limits of the city, to compensate the city for the expenses incurred and services rendered incident to the exercise of its police power, supervision, police regulations, and police control of the construction of lines and equipment of the telephone company in the city. The inspection fee and charge shall be due and payable to the city on or before July 1 of each year, and shall be paid into and appropriated and expended from the general revenue fund of the city.

(Code 1977, § 5.28.010)

During continued substantial compliance with the terms of this article by the owner of any telephone exchange, the charge levied by this article shall be and continue to be in lieu of all concessions, charges, exercises, franchises, licenses, privileges and permit fees or taxes or assessments except ad valorem taxes; provided, however, that it is not intended to extinguish or abrogate any existing arrangements whereby the city is permitted to use underground conduit, duct space or pole contacts of the company for the fire alarm and/or police call systems of the city.

(Code 1977, § 5.28.020)

(a)

No person shall operate as a pawnbroker or as a receiver of goods under chattel mortgage without first securing a city license and making payment therefor as provided in this article.

(b)

There is levied as a license fee for the operation of the business of pawnbroker the sum fixed in section 42-22, per year. All licenses shall expire on October 31 after they are issued; provided any license issued after May 1 of the calendar year shall be charged a one-half year license fee.

(c)

Any pawnbroker who is guilty of a violation of this article, or who shall permit any employee in the course of such employment to be guilty of a violation of this article, may, in addition to the fine otherwise provided as a penalty therefor, upon conviction, be deprived of his license; and upon such conviction the municipal judge may order such license revoked.

(Code 1977, § 5.32.010)

Every pawnbroker shall keep at his place of business a register in which he will enter in writing a minute description of all property taken, purchased or received by him, including any number that may be in or upon any article, together with the time, name and place of residence (giving street and number) of the person leaving the property, also the amount loaned, the interest charged and the time when the loan falls due; which registry shall be kept clean and legible. He shall make such entry within one hour after the receipt or purchase of such property. Every entry will be made in ink and will not in any manner be obliterated or erased. To the person negotiating or leaving such property, he shall give a plainly written or printed ticket, having upon it a full and perfect copy of all entries required to be kept in such register, for which copy no charge shall be made. It will be the further duty of every pawnbroker to make out and deliver to the chief of police, or any police officer upon demand, a legible and correct copy from the register of all personal property or other valuable things received, deposited or purchased, together with the time when received or purchased and a description of the person by whom left in pledge or from whom the personal property was purchased. No person will be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased at open sale or from any bankrupt stock, or from any other person having an established place of business, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to any officer when demanded.

(Code 1977, § 5.32.020)

The register required by section 22-62 shall at all times be kept open to the inspection of the chief of police and sheriff of the county, or the deputy of either, any officer of the police force of the city, the city attorney and the district attorney of the county, and anyone authorized in writing for that purpose by the chief or captain of the police force, which authority shall be exhibited to the pawnbroker. The pawnbroker will, upon request, show and exhibit to such person or officer for inspection, any articles purchased, taken or received by him.

(Code 1977, § 5.32.030)

No pawnbroker will purchase, take or receive on deposit or in any other manner from any person, any article of property between the hours of 9:00 p.m. and 8:30 a.m., and all pawnbrokers will remain closed all day on Sunday and legal holidays.

(Code 1977, § 5.32.040)

It is unlawful for any person to solicit business for any pawnshop from any person while such person is on the streets, alleys, sidewalks or other public places within the city, or to call to or in any manner attract the attention of any person while such person is on the streets, sidewalks, alleys or any public place for the purpose of asking such person to patronize any pawnshop.

(Code 1977, § 5.32.050)

This article shall be known and may be cited as the Mustang Cable Ordinance.

(Ord. No. 1132, § 2, 12-1-2015)

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given in this section, except where the content clearly indicates a different meaning.

Affiliate means an entity which owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee.

Application means any proposal, submission or request to:

(1)

Construct and operate a cable system within the city;

(2)

Transfer a franchise or control of a franchise;

(3)

Renew a franchise;

(4)

Modify a franchise; or

(5)

Seek any other relief from the city pursuant to this article, a franchise agreement, the cable act as amended, or the Federal Communications Commission (FCC) rules and regulations.

Basic service means any service tier which includes the retransmission of local television broadcast signals.

Cable act means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended from time to time.

Cable service means the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming and other programming service.

Cable system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves subscribers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of the Federal Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 541(c) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with 47 U.S.C. § 573; or (E) any facilities of any electric utility used solely for operating its electric utility system.

City means the City of Mustang, a municipal corporation.

Council or city council means the City Council of The City of Mustang, Oklahoma, or such other legally appointed or elected successor or agency constituting the governing body of the city.

FCC means the Federal Communications Commission and any legally appointed or elected successor thereof.

Franchise means an initial authorization, or renewal thereof, (including a renewal of an authorization which has been granted subject to 47 U.S.C. § 546), issued by the city, which authorizes the construction or operation of a cable system within public rights-of-way for the business of delivering a cable service to the residents of the city, which is a business affected with a public interest. Said business could not be conducted without the occupation of and placement of private commercial facilities in the public streets and other public ways of the city, which is essential to the performance of the general function or purpose of the grantee.

Franchise fee means the fee a franchisee is required to pay under the terms of a franchise for consideration of the rights and privileges granted therein, subject to the limitations of 47 U.S.C. § 542.

Franchisee means any person granted a franchise pursuant to this article and shall include any successor thereto.

Gross revenues means all cash, credits, property or other consideration of any kind or nature received directly or indirectly by the franchisee, its subsidiaries and affiliates who are cable operators arising from, attributable to, or in any way derived from the operation of the system to provide cable service within the city. Gross revenues shall include, but not be limited to, monthly fees charged to subscribers for basic service; any optional, pay per view, premium, per-channel or per-program service or charges for any other type of service; installation, disconnection and change in service fees; leased channel fees; fees, payments or other consideration received from programmers for carriage of cable service programming; converter and equipment rental fees; advertising revenues; revenues from home shopping channels; fees from use of access channels; and revenues from studio rental, production fees and equipment charges when applicable. Gross revenues shall not include any sales, excise or other taxes or fees which are imposed directly on any cable service subscriber by any governmental unit or agency and which are collected by the franchisee on behalf of such governmental unit or agency, late payment fees, revenues from contracts for in-home maintenance service unless they relate solely to the maintenance of equipment used only for the provisioning of cable services and not for the provisioning of any other service provided by a franchisee or its affiliates, revenue from the sale of capital assets or equipment. Exchange or other nonmonetary compensation shall be includable in gross revenues at the retail value of the compensation received by the franchisee.

May is permissive.

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.

Ordinance means the Mustang Cable Ordinance, unless otherwise indicated.

Person means an individual, partnership, association, corporation or any lawful successor, transferee or assignee of said individual, partnership, association, organization or corporation.

Public school means any elementary, junior high or high school within the city by a public school system.

Public way means each of the following which has been dedicated to the public or hereafter is dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the city shall permit to be included within the definition of street from time to time.

Service area means the present municipal boundaries of the city and any additions thereto by annexation or other legal means.

State means the State of Oklahoma.

Shall and will are mandatory and not merely directory.

Subscriber means any person who lawfully receives any form of cable service from a franchisee.

Transfer of franchise means any transaction in which:

(1)

Any ownership or other interest in a franchise or its system is transferred from one person or group of persons to another person or group of persons, none of whom already own a controlling ownership interest in the transferring person; or

(2)

The rights and/or obligations held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons, none of whom already own a controlling ownership interest in the transferring person.

(Ord. No. 1132, § 2, 12-1-2015)

A franchisee shall abide by all provisions of this article and the franchise agreement, and by accepting a franchise agrees that it will not at any time in the future set up as against the city or the council that claim that the provisions of this article are unreasonable, unlawful, arbitrary or void, except as to matters that are preempted or superseded by federal or state law or regulations.

(Ord. No. 1132, § 2, 12-1-2015)

(a)

Except as otherwise provided in this section, this article and any franchise agreement shall be governed by the laws of the state. The district court of the county and the United States Court for the Western District of Oklahoma shall have venue and jurisdiction exclusively for any action in law or equity which may be instituted to enforce the terms of this article, the franchise agreement or other applicable laws, rules and regulations.

(b)

If any legal action is instituted by either party to enforce any terms of this article or the franchise agreement, the attorney fees, costs of the action including, but not limited to, court costs, expert witness fees and all other actual expenses incurred by the prevailing party shall be paid by the losing party.

(Ord. No. 1132, § 2, 12-1-2015)

(a)

Grounds for revocation. The city reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise only under the following circumstances, each of which shall represent a default and breach under this chapter and the franchise grant:

(1)

If the franchisee should default in the performance of any of its material obligations under this chapter or under the franchise.

(2)

If the franchisee should fail to provide or maintain in full force and effect, the liability and indemnification coverages as may be required herein.

(3)

If any court of competent jurisdiction, the Federal Communications Commission or any state regulatory body by rules, decision, or other action determines that any material provision of the franchise documents, including this chapter, is invalid or unenforceable prior to the commencement of construction of the cable system.

(4)

If the franchisee should frequently violate any orders or rulings of any regulatory body having jurisdiction over the franchisee relative to this franchise.

(5)

If the franchisee fails to receive necessary Federal Communications Commission certification.

(6)

If the franchisee fails to provide cable services for any reason within the control of the franchisee over the cable system.

(7)

If the franchisee is found by a court of competent jurisdiction to have attempted to evade any of the provisions of this chapter or the franchise agreement or practices any fraud or deceit upon the city.

(b)

[At fault.] A franchisee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case in which performance of any such provision is prevented for reasons beyond the franchisee's control. A fault shall not be deemed to be beyond the franchisee's control if committed by an affiliate or a corporation or other business entity in which the franchisee holds a controlling interest, whether directly or indirectly.

(c)

Procedure prior to revocation.

(1)

The city manager may make written demand that the franchisee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the franchisee continues for a period of 30 days following such written demand, the city manager may place his request for termination of the franchise upon the next regular council meeting agenda. The city manager shall cause to be served upon such franchisee, at least ten days prior to the date of such council meeting, a written notice of his intent to request such termination, and the time and place of the meeting, notice of which shall be published by the city clerk at least once ten days before such meeting in a newspaper of general circulation within the city.

(2)

The council shall consider the request of the city manager and shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the franchisee was with just cause.

(3)

If such failure, refusal or neglect by the franchisee was with just cause, the council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

(4)

If the council shall determine such failure, refusal or neglect by the franchisee was without just cause, then the council may, by resolution, declare that the franchise of such franchisee shall be terminated and bond forfeited unless there be compliance by the franchisee within such period as the council may fix.

(d)

Disposition of facilities. In the event a franchise is revoked, or is otherwise terminated, the city may order the removal of the network facilities from the city within a period of time as determined by the city or require the original franchisee to maintain and operate its network until a subsequent franchisee is selected.

(e)

Restoration of property. In removing its plant, structures and equipment, the franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and appliances without affecting the electrical or telephone cable wires, or attachments. The city shall inspect and approve the condition of the public ways and public places, and cables, wires, attachments and poles after removal. The liability indemnity and insurance as provided herein and the performance bond provided herein shall continue in full force and effect during the period of removal and until full compliance by the franchisee with the terms and conditions of this paragraph and this chapter.

(f)

Restoration by city, reimbursement of costs. In the event of a failure by the franchisee to complete any work required by subsection (c) above and/or subsection (d) above, or any other work required by city law or ordinance within the time as may be established and to the satisfaction of the city, the city may cause such work to be done and the franchisee shall reimburse the city the costs thereof within 30 days after receipt of an itemized list of such costs or the city may recover such costs through the performance bond provided by the franchisee. The city shall be permitted to seek legal and equitable relief to enforce the provisions of this section.

(g)

Extended operation. Upon the revocation of a franchise, the city may require the franchisee to continue to operate the network for an extended period of time not to exceed one year from the date of such expiration or revocation, or as otherwise provided for by applicable law. The franchisee shall, as trustee for its successor in interest, continue to operate the cable television system under the terms and conditions of this chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. During such interim period, the franchisee shall not sell any of the system assets nor shall the franchisee make any physical, material, administrative or operational change that would tend to (1) degrade the quality of service to the subscribers, (2) decrease income, or (3) materially increase expenses without the express permission, in writing, of the city or its assignee. The city shall be permitted to seek legal and equitable relief to enforce the provisions of this section.

(h)

City's rights not affected. The revocation or termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise or any provision of law.

(Ord. No. 1132, § 2, 12-1-2015)

(a)

The city manager, either directly or through a duly appointed designee, shall have the responsibility for overseeing the day-to-day administration of this article and any franchise agreement issued hereunder. The city manager shall be empowered to take all administrative actions on behalf of the city, except for those actions specified in this article that are reserved to the council. The city manager may recommend that the council take certain actions with respect to the franchise. The city manager shall keep the council apprised of developments in cable and provide the council with assistance, advice and recommendations as appropriate.

(b)

A franchisee shall have the right to appeal to the council any decision of the city manager relating to such franchisee or its franchise agreement. Such appeal must be made by written request within 15 calendar days of the city manager's written decision which the franchisee seeks to appeal.

(Ord. No. 1132, § 2, 12-1-2015)

A franchisee shall comply with the rules of any court or agency requiring service of pleadings, filings, or other documents upon the city. Upon request of the city, a franchisee shall provide the city a copy of, or an electronic link to, all petitions, applications and any communications submitted by the franchisee to or received from the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting, directly or indirectly, the system operations authorized pursuant to a franchise.

(Ord. No. 1132, § 2, 12-1-2015)

(a)

In order to make cable services available to the residents of the city, the city may grant one or more franchises in accordance with this article and the execution of a franchise agreement.

(b)

No person may construct or operate a system in the city without a franchise granted by the city and having entered into a franchise agreement with the city.

(c)

Nothing in this article shall be deemed to prevent the city from seeking additional franchisees at any time pursuant to a request for proposals or applications. Responses shall comply with this article.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

A franchise shall be for a term or period of time not to exceed 15 years to serve all or specified areas of the city, and shall take effect upon the execution of a franchise agreement.

(b)

A franchise authorizes the franchisee to use the public ways within the city for installing cables, wires, lines, underground conduit and other facilities to operate a cable system within the city, but does not authorize such use on private property or privately owned easements. Provided, nothing herein is intended nor shall be construed as limiting any right that may be granted to franchisee under federal law to use private easements dedicated to compatible uses without obtaining the owner's consent.

(c)

A franchise shall be nonexclusive, and will not preclude the issuance of another franchise, nor affect the city's right to authorize use of any public way by other persons as it deems appropriate. However, any additional grant of franchise to provide cable service in the city shall be in compliance with applicable law.

(d)

A franchise shall not relieve the franchisee of any requirement of any applicable ordinance, rule, regulation or specification of the city lawfully enacted by the city. The franchisee shall at all times be subject to the lawful exercise of the police power of the city to the full extent that such powers may be vested in or granted to the city. However, any ordinance, rule, regulation or specification of the city enacted after a franchisee has entered into a franchise agreement shall not materially alter the rights or obligations of the franchisee under the existing ordinance and franchise agreement unless specifically authorized by state or federal law.

(e)

The franchisee, at its expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities and with any directive of any public officer pursuant to law who shall legally impose any regulation, order or duty upon the grantee with respect to the franchise.

(f)

Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or any successor to any interest of the grantee, of, or pertaining to, the construction, operation, or maintenance of any cable system in the city; and the acceptance of any franchise hereunder shall operate, as between the grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between the grantee and the city, all construction, operation and maintenance by any grantee of any cable television system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to another right, privilege, power, immunity, or authority whatsoever.

(g)

The provisions of this article shall apply to a franchise agreement as if fully set out in such agreement. The terms of this article shall prevail over conflicting provisions of the franchise agreement unless the franchise agreement contains an explicit intent of waiver.

(h)

The franchisee shall make cable service available to all residents and businesses within the city, subject to the provisions of subsection 22-181(a)(3).

(i)

No privilege or exemption shall be granted or conferred by any franchise granted except those specifically prescribed therein.

(j)

Any privilege claimed under a franchise by a grantee in any street or other public property shall be subordinate to any prior existing lawful occupancy of the streets or other public property.

(k)

Any franchise granted hereunder shall be binding upon the grantee, and all successors, lessees or assignees as may be approved by the city.

(l)

Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city shall be subject to transfer by the city to any other officer, employee, department, or board of the city.

(m)

Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others maintaining utilities in streets.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

In selecting a franchisee pursuant to this chapter, the city may prepare a request for proposal to seek bids for a cable system to be established by franchise in the city. This request for proposal shall include information and instructions relating to the preparation and filing of proposals.

(b)

A written application shall be filed with the city clerk for the:

(1)

Grant of a new franchise;

(2)

Modification of a franchise agreement;

(3)

Transfer of a franchise pursuant to this article, the franchise agreement or the cable act.

The applicant has the burden to demonstrate compliance with all applicable laws and entitlement to the relief sought.

(c)

The applicant must file an original and five copies of the application together with any required filing fee as set forth in subsection (j) of this section. The application shall also conform to any request for proposals and shall contain all requested information.

(d)

All applications shall identify persons authorized to act on behalf of the applicant with respect to the application.

(e)

All applications shall identify persons authorized to act on behalf of the applicant with respect to the application.

(f)

All applications accepted for filing by the city shall be available during the city's regular business hours for public inspection.

(g)

An application for the initial grant of a franchise shall contain, at a minimum, the following information:

(1)

The name and address of the applicant and identification of ownership and control of the applicant, including:

a.

The names and addresses of the ten largest holders of an ownership interest and all persons with a five percent or more ownership interest in the applicant;

b.

The names of persons who control the applicant including, without limitation, all officers and directors;

c.

Any other business affiliation and cable interest of each named person.

(2)

A statement as to whether the applicant, or any person controlling the applicant, or any officer, director or major stockholder has been adjudged bankrupt, had a cable franchise revoked, or been found guilty of any violation of any security or antitrust law, or of the commission of a felony or crime involving moral turpitude; and if so, the identification of such person and a full explanation of such circumstances.

(3)

A demonstration of the applicant's technical, legal and financial ability to construct and/or operate the proposed system, including identification of key personnel.

(4)

A description of the applicant's prior experience in system ownership and construction, and identification of all communities the applicant or its principals have served.

(5)

Identification of the proposed cable service area and a detailed description of the facilities proposed and the characteristics of the system including, but not limited to, channel capacity, technical design, and performance and quality expectations.

(6)

A detailed description of the construction of the proposed system, together with a proposed construction schedule. Where appropriate, the applicant shall include an explanation of how services will be converted from the existing facilities to the new facilities.

(7)

A description of all services to be provided, including, without limitation, all broadcast and nonbroadcast signals and all nontelevision services to be carried on the system. If tiers of service are to be used by the franchisee, a description of each tier service to be available to subscribers shall be provided.

(8)

A description of the proposed rate schedule for cable service and equipment to be provided or used in association with the basic cable service tier, together with all forms or information required to allow the determination by the city of the maximum initial permitted rates and charges. Additionally, and for informational purposes, the franchisee shall disclose to the city any and all charges to be made for all other services and equipment.

(9)

A demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, taking into account the costs thereof including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the city.

(10)

A statement showing pro-forma financial projections for the first five years.

(11)

An affidavit of the applicant or authorized officer thereof certifying to the truth and accuracy of all information in the application, acknowledging the enforceability of application commitments and that the application proposal meets all regulatory authority requirements.

(12)

Any other information which may be necessary to demonstrate compliance with all laws as may be relevant to the city's consideration of the application.

(h)

An application for modifications of the franchise agreement shall include, as a minimum, the following information:

(1)

The specified modifications requested.

(2)

The justification and basis for the requested modification, including a statement of impact the requested modification may have on subscribers or others, and the financial impact approval or disapproval may have on the applicant.

(3)

Any other relevant information which may be reasonably necessary for the city to make an informed decision.

(i)

An application for approval of the transfer of a franchise shall comply with the requirements of section 22-158.

(j)

Each application shall be accompanied by a non-refundable filing fee in the amount of $5,000.00.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

The city may grant or renew a franchise for a period not to exceed 15 years in accordance with the requirements of this article and the terms of a franchise agreement.

(b)

The grant of a franchise may be conditioned upon completion of construction within times prescribed or upon performance of specific obligations as set forth in the franchise agreement.

(c)

Proposals will be evaluated according to the legal, financial, character, technical and other public interest qualities of the applicant as required or suggested by the Federal Communications Commission. Preference may be given to applicants demonstrating the best total service package and more reasonable installment and subscriber rate schedules, the most expeditious installation schedule, and to those applicants demonstrating a significant sensitivity to the knowledge of local conditions.

(d)

The application shall be reviewed by the city manager and staff to determine whether the application complies with all requirements of this division. If, the application is sufficient, the city manager and the applicant shall negotiate the terms and conditions of the proposed franchise agreement. The proposed franchise agreement shall provide that it is subject to the approval of the qualified electors of the city. The proposed franchise agreement shall further provide that the applicant acknowledges its acceptance of the proposed franchise and the obligation of the applicant to comply with all the provisions of this article, the proposed franchise agreement and the terms and conditions of the applicant's proposal as submitted to the city as a part of the application, except to the extent such items are preempted or superseded by federal or state law.

(e)

After examining all applications submitted pursuant to the prescribed procedures, with respect to the applicant's legal, character, financial, technical and other qualifications, including adequacy and feasibility of its construction plans, and after reviewing the recommendations of the staff, the council shall select the person who they consider has presented the proposal in the best interests of the city and if required by applicable law, shall submit the question of granting a nonexclusive franchise, pursuant to the terms of this chapter, to the citizens of the city for their choice either at a special or general election. However, no provision of this chapter shall be deemed or construed as to require the council to submit to a vote any prospective grantee following the receipt of any franchise application.

(f)

The grant, transfer, modification of a franchise agreement or other actions related to such proceedings may be subject to a processing fee in an amount not to exceed the city's reasonable out of pocket expenses. In the event of an initial grant of a franchise, such costs shall include fees incurred by the city for consultants or attorneys required to consider the application. The city shall notify the franchisee of such costs and the franchisee shall have 30 days to render payment in full. All fees shall be due the city irrespective of the approval or disapproval by the city of the requested action or the approval or disapproval by the electorate.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

No franchise granted pursuant to this chapter and passed by the city council or a vote of the qualified electors, as applicable, shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the city clerk, duly executed by the proper officers of the franchisee. Written acceptance, which shall be in the form and substance approved by the municipal counselor, must contain, in addition to any other matters included, the following express representations by the grantee that:

(1)

It has carefully read the terms and conditions of this chapter and the franchise agreement and accepts all of the terms and conditions imposed by this chapter and the franchise agreement and agrees to abide by same; and

(2)

It further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this chapter and expressly waives any claims that any provisions hereof are unreasonable, arbitrary or void; and

(3)

By accepting the franchise, it acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the city or by any third person regarding any term or condition of this chapter or the franchise agreement not expressed therein. The grantee further pledges that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the cable system franchise.

(b)

The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the 30th day next following the passage of an ordinance approving a franchise, or if an election was allowed, following the franchise election granting such franchise. In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and repudiated the franchise and shall be deemed to have forfeited the grantee's proposal bond or certified check in lieu thereof. Thereafter, the acceptance of the grantee shall not be received by the city clerk. The grantee shall have no rights, remedies, or redress unless and until the council, by resolution, shall determine that such acceptance be received, and then upon such terms and conditions as the council may impose.

(c)

In addition to the written acceptance and within the same 30-day period the grantee shall:

(1)

File a certificate of insurance as provided herein; and

(2)

File a performance bond if required by the franchise; and

(3)

Advise the city in writing of the grantee's address for mail and official notifications from the city.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

Finding. The city has authority to grant a non-exclusive franchise to a cable television operator for the right to use the public streets, and other public ways, for the purpose of maintaining and operating a cable television business within the city. The business of delivering cable services to the residents of the city is a business affected with a public interest. The construction, installation, maintenance and operation of a cable system involves the occupation of and placement of private commercial facilities in the valuable and scarce public streets and other public ways within the city and which are maintained by the city at a significant cost, and such use is essential to the performance of the general function or purpose of the cable television operator. The city further finds that the grant of a franchise for use of rights-of-way to provide service is a valuable property right without which a grantee would be required to invest substantial capital.

(b)

A grantee of a franchise hereunder shall pay to the city a franchise fee in an amount to be set by the franchise agreement as a percentage of gross revenues derived from operation of the cable system by the grantee to provide cable service. Such payment shall be in addition to any other payment, charge, permit fee or bond owed to the city by the grantee and shall not be construed as payment in lieu of personal or real property taxes levied by state, county or local authorities; provided, however, such fee shall include and be in lieu of any fee required by the city for any construction, building, or other permit for use or occupation of, or work in, the streets, except for the inspection fee and service charge levied under chapter 42 of this Code. As compensation for the use of valuable public ways and privileges granted to operate a system, and to defray the cost of the regulation, the franchisee shall pay to the city a franchise fee of three percent of the franchisee's gross revenues received from the operation of its system to provide cable service within the city. The city reserves the right to increase the franchise fee up to five percent of the franchisee's gross revenue upon 90 days' notice to the franchisee. Further, in the event the cable act, the FCC rules and regulations or other federal laws are amended to permit the city to assess a franchise fee of a greater amount than stated in this subsection, the city shall have the right to negotiate with the franchisee for an increase in the franchise fee to the maximum then permitted.

(c)

The franchise fee shall be payable to the city on a quarterly basis and shall be due no later than 45 days after the end of the calendar quarter for which the franchise fee is being calculated.

(d)

Should FCC, state or federal law or regulation be amended in the future to allow the city to recover fees for services not set forth in the definition of gross revenues set forth in section 22-102, then, in that event, the franchisee shall upon 90 days' written notice commence making the additional payment to the city as legally authorized and to the fullest extent of such authorization.

(e)

If the franchise fee payment is not received by the city on the due date, the franchisee shall be assessed interest on any delinquency from the due date until paid in full at the rate of 18 percent per annum. If any franchise fee shall be delinquent for more than 90 days, the franchisee shall be deemed in material default and subject to the provisions of this article regarding termination of a franchise.

(f)

The franchisee shall submit with each payment a report showing the amounts of gross revenues for the preceding quarter on which the franchise fee is determined. Additionally, the franchisee 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 franchisee on forms reasonably acceptable to the city and certified by the franchisee's chief financial officer or the certified public accountant firm. The same reports shall be due within 90 days of the termination of the franchise.

(g)

Except as otherwise provided in the cable act and FCC regulations, all payments required by this section shall be in addition to all other fees and payments required to be made by the franchisee to the city.

(h)

Acceptance by the city of any payment shall not be construed as an accord or satisfaction that such payment is correct, nor shall acceptance be construed as a release of any claim the city may have for additional sums which may be due.

(i)

The city shall have the right, at its cost and upon reasonable notice, to inspect and audit all books and records of the franchisee which may be necessary for the determination of gross revenues and computation of franchise fees due. If the city determines franchise fees have been underpaid in an amount in excess of three percent, the cost of audit shall be paid by the franchisee. The books and records necessary for such audit shall be maintained by the franchisee in Oklahoma County or Canadian County.

(Ord. No. 1132, § 3, 12-1-2015)

A franchise granted pursuant to this chapter shall be renewed pursuant to the procedures established by the Cable Act or such other procedure to which the city and a grantee mutually agree. In the event that the city and an existing franchisee cannot agree upon terms for renewal of the franchise agreement, the parties may mutually agree to hold over the current franchise agreement for no more than one year or as otherwise provided for by applicable federal law.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

No transfer of a franchise shall occur without prior approval of the city, which shall not be unreasonably withheld, conditioned or delayed.

(b)

An application for a transfer of a franchise shall provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service, to the extent required by FCC rules.

(c)

At least 120 calendar days prior to the contemplated effective date of a transfer, the franchisee shall submit to the city an application, together with any required FCC transfer forms, for approval of the transfer. To the extent consistent with FCC rules, such application and/or the FCC forms shall include the following:

(1)

A statement of the reason for the contemplated transfer.

(2)

The name, address and telephone number of the proposed transferee.

(3)

A detailed statement of the corporate or other business entity organization of the proposed transferee, including, but not limited to, the following:

a.

The names, business addresses, state of residence and country of citizenship of all general partners and corporate officers of the proposed transferee.

b.

The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling or being entitled to have or control ten percent or more of the ownership of the proposed transferee and the respective ownership share of each such person or entity.

c.

The name and address of any parent or subsidiary of the proposed transferee and of any other business entity owning or controlling in whole or in part, or owned or controlled in whole or in part by the proposed transferee.

d.

A detailed and complete financial statement or annual report of the proposed transferee, for the three fiscal years immediately preceding the date of the request for transfer approval, or a letter or other acceptable evidence in writing from the proposed transferee's lending institution or funding source, addressed to both the proposed transferee and the city, setting forth a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the proposed transfer to construct, install, maintain and operate the proposed system in the city. If the corporate or business entity organization of the proposed transferee has not been in existence for a full three years, the proposed transferee shall submit a certified financial statement for the period of existence.

e.

A detailed description of all previous experience of the proposed transferee in operating cable television systems and providing cable television services or related or similar services, including a statement identifying, by place and date, any other cable television franchises awarded to the proposed transferee, its parent, subsidiaries or affiliates currently operating or in the status of transfer; and the status of such franchises with respect to completion thereof.

f.

Other information the city may reasonably request consistent with FCC regulations.

(d)

In making a determination on whether to grant an application for a transfer of a franchise, the city council, in good faith, shall consider the legal, financial, technical and other qualifications of the transferee to operate the system; whether the incumbent franchisee is in material compliance with its franchise agreement and this article and, if not, the franchisee's or proposed transferee's commitment to cure such material noncompliance; and whether operation by the transferee would adversely affect cable service to subscribers, or otherwise be contrary to the public interest.

(e)

No application for a transfer of a franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this article and the franchise agreement, and that it will assume the obligations and liabilities of the previous franchisee under this article and the franchise agreement.

(f)

Approval by the city of a transfer of a franchise does not constitute a waiver or release of any of the rights of the city under this article or the franchise agreement, whether arising before or after the date of the transfer.

(g)

The city may impose on a proposed transferee a processing fee to reimburse the city for its actual out of pocket costs in excess of the filing fee in considering an application for transfer of a franchise. The fee shall not exceed $10,000.00.

(h)

Notwithstanding the forgoing, a franchisee may transfer a franchise agreement or cable system to an affiliate by providing written notice to the city at least 30 days in advance of such internal corporate restructuring or transfer, provided such transfer is not related to a merger or acquisition between the grantee or an affiliate and an unaffiliated third party.

(Ord. No. 1132, § 3, 12-1-2015)

Upon written notice given by the city or the franchisee, one to the other, the terms and conditions of the franchise agreement may be modified, provided that both the city and the franchisee are agreeable to such modification. Modifications shall be directed toward effecting alterations in the terms and conditions to reflect those technical, economic, or regulatory changes which have occurred during the interim period.

(Ord. No. 1132, § 3, 12-1-2015)

The Cable Act preempts any state or local requirement of a voter-approved cable television franchise. In the event the preemption is eliminated and applicable state or local law requires franchises to be voter-approved, then, in order for a nonexclusive franchise to be granted pursuant to this chapter, an election must be held and a majority of those voting must vote in favor of the granting of such franchise. The entire cost of the election together with all printing and publishing costs relating thereto shall be prepaid by the applicant selected by the council to be grantee, regardless of whether or not the applicant is granted a franchise by said election. When the actual costs of the election are known, the final payment may be adjusted accordingly.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

The franchisee shall maintain throughout the term of the franchise, at its own cost and expense, automobile insurance on all its vehicles, and general comprehensive liability insurance, insuring the franchisee and the city, the council, its officers, private subcontractors, agents and employees, whether elected or appointed, from and against all claims by any person whatsoever for loss, injury or damage to persons or property, both real and personal, occasioned or caused by the construction, erection, operation or maintenance of the system. The insurance shall provide amounts of coverage not less than the following:

General Liability Insurance

Bodily injury per person .....$1,000,000.00

Bodily injury per occurrence .....2,000,000.00

Property damage per occurrence .....500,000.00

Automobile Insurance

Bodily injury per person .....1,000,000.00

Bodily injury per occurrence .....2,000,000.00

Property damage per occurrence .....500,000.00

In no event shall the coverage or amounts be less than those established as the city's liability limits under Oklahoma Governmental Tort Claims Act, as may be amended from time to time.

(b)

The franchisee shall also provide workers' compensation coverage as required by the laws of the state.

(c)

All insurance policies shall be with companies licensed to conduct business in the state.

(d)

All insurance policies must name the city as an additional insured and no cancellation shall be effective, except upon 30 days' written notice to the city, and unless another policy is in effect on or before the date of cancellation.

(e)

The insurance coverage, as evidenced by the certificates of insurance, shall be filed and maintained with the city.

(f)

The franchisee shall provide proof to the city of compliance with this section no later than the effective date of the franchise.

(g)

If the franchisee fails to maintain the insurance required in this section, the city may, at its option, obtain and keep such insurance in full force and effect. The franchisee shall promptly reimburse the city for such insurance costs.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

Except in the event of the city's, its employees' or agents' negligence or wrongful acts, the franchisee shall, at its cost and expense, indemnify, save, hold harmless and defend the city, its officials, boards, commissions, agents, consultants and employees against any and all claims, suits, causes of action, demands, penalties, liabilities, proceedings or judgments for damages or equitable relief filed by third parties resulting from or arising out of or through:

(1)

The franchisee's construction, installation, maintenance or operation of its system.

(2)

Any processes or procedures, acts or omissions by the franchisee in connection with the consideration of an award to the franchisee of a franchise and/or any amendments thereto.

(3)

The conduct of the franchisee's business, including, without limitation, any acts or omissions of the franchisee, its servants, employees or agents, whether or not such act or omission is authorized, required, allowed or prohibited by this article or the franchise agreement.

(b)

This indemnification shall include all expenses, including, but not limited to, out of pocket expenses, attorneys' fees and litigation expenses incurred by the city in defending itself from such claims and demands, provided, if any action at law or suit in equity is instituted by a third party (a "claim") with respect to which the city intends to seek indemnification under this section, the city shall promptly notify the franchisee of such action or suit. The franchisee shall have the right to conduct and control any claim through counsel of its own choosing, but the city may, at its election, participate in a defense of any such claim at its sole cost and expense. It is further provided that if a conflict of interest should exist or develop between the franchisee and the city, then the city may proceed in the litigation, claim, proceeding or action which, in the exercise of its discretionary authority, represents the best interest of the city, at its own cost and expense.

(c)

This indemnification shall also include, but not be limited to, claims based on invasion of right of privacy, libel, slander, copyright infringements, defamation, violation of trade name, service mark or patent rights.

(d)

In addition to the provisions of subsection (b) of this section, nothing in this section shall prohibit the city from participating in the defense of any litigation by its own separate counsel at its own costs. Compliance by the franchisee with these indemnity provisions shall not limit any other remedies available to the city, at law or equity or waive any defense, position or objection the city may assert.

(e)

Nothing in this section shall be construed as an intent to waive or circumvent the provisions of the Governmental Tort Claims Act, 51 O.S. § 151 et seq.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

The franchise agreement shall provide that, prior to the initial commencement of any system construction, upgrade or other work in the streets or other public ways of the city, the franchisee shall establish and maintain a performance bond in favor of the city, in an amount specified in the franchise agreement or other authorization as may be necessary to ensure the franchisee's faithful performance of each term and condition of this article, the franchise agreement and all applicable ordinances, statutes, rules and regulations, relating to the performance of any construction, upgrade or other work which is required of the franchisee.

(b)

If the franchisee shall fail to fulfill the material obligations as imposed, or breaches any such obligations, there shall be recoverable, jointly and severally, from the principal and sureties, any damages or loss suffered by the city proximately resulting from the failure of the franchisee to faithfully perform the material provisions of this article and the franchise agreement, including the cost of removal of property of the franchisee, the cost of completing the obligations of the franchisee, together with a reasonable attorney's fee.

(c)

The franchise agreement may provide the amounts, terms and periods of maintenance of such performance bond. Upon completion of all construction, upgrade or other work in the streets or other public ways to the satisfaction of the city, the city may reduce the amount of the bond to an amount determined by the city sufficient to protect the city in the event of breach. Bond requirements may be also increased by the city to secure additional construction upgrade or other work.

(d)

Any performance bond required by this action shall be issued by a surety authorized to conduct business in the state. The performance bond shall contain a restriction prohibiting cancellation or lapse without 30 days' written notice to the city from the surety or issuer of the performance bond of its intention to cancel or not renew. In the event of such cancellation or nonrenewal, the franchisee shall establish and maintain another performance bond, subject to the terms and conditions contained in this section; the intent of this provision is to prevent any lapse in coverage of a performance bond so long as applicable and required.

(e)

The performance bond shall be filed and maintained with the city clerk.

(f)

The rights available to the city pursuant to the performance bond are in addition to all other rights and remedies available to the city. The exercise of any such rights shall not be construed to excuse or waive unfaithful performance or breach by the franchisee, or limit the liability of the franchisee to the city.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

A franchisee shall maintain up-to-date copies of the franchisee's schedule of charges, contract or application forms for regular subscriber service, policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the franchisee's policy in connection with its subscribers, and shall provide such information to the city upon request.

(b)

The franchisee shall at all times maintain records sufficient to demonstrate the proper payment of the franchise fee required by section 22-156 of this chapter.

(c)

A franchisee shall maintain a full and complete set of plans, records and "as built" maps showing the exact location of all cable system equipment installed or in use in the city streets, exclusive of subscriber service drops. Plans, records and "as built" maps will be available for inspection by the city manager or his designee during normal business hours. Copies of maps shall be provided upon request in a mutually agreeable format.

(d)

The city shall have the right to inspect the books and records specified in this section and such other records as may be reasonably required by the city to perform its regulatory responsibilities under this article and the Cable Act. The city agrees to carry out any such inspection at reasonable hours and upon reasonable notice. Access by the city to the franchisee's books and records shall not be denied on grounds that such books and records contain proprietary or confidential information, provided, the city agrees to maintain the confidentiality of any such information.

(Ord. No. 1132, § 3, 12-1-2015)

(a)

The following are minimum requirements for facilities and service for all cable franchises granted by the city. The city may establish in the franchise agreement additional requirements, where the city and franchisee determine that additional requirements are necessary to meet public needs.

(1)

The system shall be capable of both one-way and two-way transmission and shall consist of a fiber optic trunk system consisting of a series of nodes and a coaxial cable distribution system. The system must be capable of delivering, at a minimum, 110 6MHZ analog channels (750 MHZ) with converters or digital/high definition signals.

(2)

The franchisee shall provide one outlet consisting of all non-pay-per-view or premium channels cable service without charge to all facilities and/or buildings owned or occupied by the city or by an educational institution.

(3)

Cable service shall be available to every dwelling and business within the city, unless residents reside in a remote or relatively inaccessible area or in annexed areas already served by another cable operator. The franchisee will build to these remote and inaccessible areas and extend service inside the city limits as long as such extension meets the return on investment as established by the franchisee. However, at a minimum, the franchisee will build to these remote and inaccessible areas and extend service inside the city limits on the following schedule: For every one-fourth mile of cable plant required to serve a particular section of the city, ten or more customers must have placed orders for service. Expenses associated with the provision of service to businesses beyond 125 feet from an existing subscriber tap shall be shared equally between the franchisee and such businesses.

(b)

The franchisee shall provide two access channels for non-commercial educational and/or governmental access programming, The city may delegate the responsibility for programming the educational channel to a public educational institution.

(c)

A franchisee shall provide leased access channels as required by federal law.

(d)

The franchisee shall comply with the Federal Emergency Alert System Regulations, 47 C.F.R. Part 11.

(e)

The system will provide standby power to be installed at locations as determined by the franchisee, but shall include backup power at the headend. The power system shall be capable of self activation at any time there is a loss of commercial power and shall be capable of continuous generation for an undetermined amount of time and perform self diagnostics.

(f)

When constructing or reconstructing the system, the franchisee shall place its facilities in accordance with the following requirements:

(1)

The franchisee shall place its cable, appurtenances and transmission facilities underground in those areas where the transmission and distribution facilities of the telephone company and electric company are both located underground.

(2)

The franchisee shall, remove, relocate, or rearrange its cable, appurtenances and transmission facilities underground in any area where, during the term of a franchise, and upon reasonable notice by the city, the transmission and distribution facilities of the telephone company and electric company are moved underground. A franchisee shall have access, on a non-discriminatory basis, to any public funds under the control or direction of the city, used to reimburse the costs of removing, relocating, or rearranging facilities located in the public ways.

(3)

Where aerial cable is allowed, the franchisee shall not erect any new poles along any public way except as may be reasonably necessary to fill small gaps in the existing aerial utility systems and only then with approval of the city, which shall not be unreasonably withheld.

(g)

The franchisee shall make no pavement cuts in the installation, maintenance or removal of its system, except upon compliance with this Code.

(Ord. No. 1132, § 4, 12-1-2015)

The franchisee shall comply with all applicable laws and regulations of the FCC with regard to the operation of a cable system, including, but not limited to, technical requirements, subscriber notices and closed captioning obligations.

(Ord. No. 1132, § 4, 12-1-2015)

The franchisee shall receive and distribute all broadcast television signals as required by the Cable Act and FCC rules and regulations.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

No poles or other wire-holding structures shall be erected by the franchisee without prior approval of the city. The franchisee shall have no vested interest in the location of any pole or wire-holding structure. Such poles or structures shall be removed or modified by the franchisee at its own expense whenever the city determines that public convenience would be enhanced thereby.

(b)

If poles or other wire-holding structures are already existing for use in serving the city and are available for use by the franchisee, and the franchisee does not make arrangements for such use, the city may require the franchisee to use such poles or structures, upon reasonable terms and conditions, if the city determines that the public convenience would be enhanced thereby, and the terms of the use available to the franchisee are just and reasonable.

(c)

Where a public utility serving the city desires to make use of the poles or other wire-holding structures of the franchisee, but an agreement therefor with the franchisee cannot be reached, the city may require the franchisee to permit such use for such consideration and on such terms as the city shall determine to be just and reasonable, taking into account pole rates charged the franchisee by the public utility, if the city determines that the use would enhance the public convenience and would not unduly interfere with operations of the franchisee.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

The franchisee 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 franchisee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the National Electrical Safety Code and the National Electrical Code, as adopted by the city, and as such codes may respectively be amended or replaced, and all applicable state and local laws, codes and ordinances.

(c)

All structures and lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and 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 repair.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

Upon termination of service by any subscriber, the franchisee shall promptly remove all of its facilities and equipment from the premises of such subscriber upon his request.

(b)

The question of ownership of wiring installed inside the residence or business of a subscriber shall be determined by the rules promulgated by the FCC.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

The franchisee shall render efficient service, promptly make repairs and interrupt service only for good cause and for the shortest time possible. The requirements established in this section shall be deemed minimum service standards and may be supplemented by terms of the franchise agreement or mutually agreed upon amendments to this article.

(b)

If required by the franchise agreement, a franchisee shall maintain an office within the city. The office shall be adequately staffed during normal business hours and capable of providing at all times all services the franchisee offers at its district office and other offices.

(c)

All employees of the franchisee who are involved in field work which require the employee to enter onto private property shall wear, on the outside of clothing, a photograph identification badge.

(d)

Telephone availability requirements may be provided by equipment and personnel located at the city office or other offices of the franchisee.

(e)

The franchisee shall provide a listed local, toll free or collect call telephone access telephone number which will be available to subscribers and members of the public 24 hours a day, seven days a week.

(f)

The franchisee shall comply with the customer service standards established by the FCC.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

All transmission and distribution structures and equipment, including utility poles, erected by the franchisee 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, and to the extent feasible, to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places, while allowing the franchisee to adequately perform its requirements under the franchise.

(b)

It shall be the responsibility of the franchisee to obtain the necessary pole attachment agreements from the city and/or private utility companies using poles within the city. All pole attachment agreements with the city shall be negotiated and approved by the council.

(c)

If, at any time during the period of a franchise, the city shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public way, the franchisee, upon reasonable notice by the city, shall remove or 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 franchisee shall be placed in such a manner as not to interfere with the usual travel on such public way.

(e)

The franchisee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its facilities to permit the moving of buildings. The expense of such temporary removal or raising or lowering of facilities to permit the moving of buildings shall be paid by the person requesting such removal or raising or lowering of facilities, and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than 48 hours' advance notice to arrange for such temporary facility changes.

(f)

A franchisee shall not place its facilities, equipment or fixtures where they will interfere with public utility facilities or equipment, nor obstruct or hinder the service of such utilities to the residents.

(g)

The city may issue such rules and regulations concerning the installation and maintenance of the system as may be consistent with this article and the franchise agreement.

(h)

Upon completion of any work, the franchisee shall restore all property to its former condition.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

The right is reserved to the council to adopt, in addition to the provisions contained in this section and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its lawful police powers or powers granted to the city by federal or state law. However, such regulation, by ordinance or otherwise, shall be reasonable, of general applicability and not in conflict with the material rights granted in this article.

(b)

The city shall have the right to inspect the books, records, maps, plans and other like materials of the franchisee reasonably necessary to enforce the franchise granted under this article, at any time upon reasonable notice and during normal business hours.

(c)

The city shall have the right, during the life of a franchise, to install and maintain for a fee, upon the poles owned by the franchisee, any wire and pole fixtures that do not interfere with the system of the franchisee.

(d)

The city shall have the right to inspect all construction or installation work performed within public ways subject to the provisions of this nonexclusive franchise and other pertinent provisions of the state and local law. If city inspections reveal that the franchisee has failed, in the city's reasonable judgment, to fulfill its obligation under the terms of this nonexclusive franchise, or is otherwise impeding the public ways in an unauthorized manner, or performing in a manner contrary to federal, state or local law, the city shall notify the franchisee in writing of its specific deficiencies. Absent commencement of corrective action or filing of a request for review before the city council by the franchisee within 48 hours of receipt of such notification, the city may undertake the necessary repairs or restoration at the franchisee's sole expense.

(e)

At the expiration of the term for which a franchise is granted, or upon its termination or cancellation, as provided in this article, and absent a franchise renewal, the council may require the franchisee to continue operations for a period not to exceed six months from the date of the council's decision. In the event of nonrenewal of the franchise, the franchisee shall have 180 days 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 such public ways to a condition reasonably satisfactory to the city, taking into account normal wear and tear.

(Ord. No. 1132, § 4, 12-1-2015)

A franchisee shall comply with all provisions of applicable federal and state law as it related to subscriber privacy.

(Ord. No. 1132, § 4, 12-1-2015)

(a)

A franchise granted under this article shall be subject to all applicable provisions of the laws of the United States, the state and city ordinances, and any amendments thereto.

(b)

The franchisee shall, at all times during the life of a franchise, be subject to all lawful powers of the state and the city, and to such reasonable regulations of general applicability as the state and city shall provide.

(c)

The franchisee shall conform to all zoning and platting requirements of the city prior to the commencement of any and all construction work.

(d)

The franchisee shall obtain building permits for all buildings constructed, pay all building permit fees, tap charge fees and all other fees as required by the ordinances of the city, and at the rates that are in full force and effect at the time of application for building permits.

(Ord. No. 1132, § 4, 12-1-2015)

When used in this Code, words and phrases shall have the meaning as defined pursuant to the rules adopted by the Oklahoma State Department of Health, Oklahoma Administrative Code section 310:681-1-1, et seq., and as they may be amended from time to time.

(Ord. No. 1173, § 1, 9-4-2018)

The growing, possession, processing, transporting, sale, or use of marijuana within the city is limited to that authorized by this chapter 22, article V, and by state law, 63 O.S. § 420A, et seq. Any growing, possession, processing, transporting, sale, or use of marijuana within the city that is not authorized in, or without having obtained the applicable permit provided in this article, shall constitute an offense and, upon conviction, shall be punished as authorized in section 1-8 of this Code. Provided, possession of up to 1.5 ounces of marijuana by persons who can state a medical condition, but not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed $400.00.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1177, § 1, 11-6-2018)

All permits issued pursuant to this chapter 22, article V, shall be displayed in a conspicuous place at all times on the permitted premises. No permit holder may consent to or allow the use or display of the permit by a person other than the person to whom the permit was issued. No person may use a permit or exercise any privileges granted by the permit except at the place, address, premises or location for which the permit is issued. Permits issued cover only the person or entity named in the permit and shall not be refundable or transferable.

(Ord. No. 1173, § 1, 9-4-2018)

(a)

All permits outlined in this article will be subject to inspection of the facilities by an authorized municipal inspector prior to issuance.

(b)

The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and the municipal inspector.

(c)

The applicant will be required to be present during the inspection.

(d)

The smell or noxious odor emitted from smoking or consumption of marijuana by a person possessing a valid state issued medical marijuana license shall be treated as a public nuisance.

(Ord. No. 1173, § 1, 9-4-2018)

(a)

No commercial marijuana establishment shall allow the consumption of alcohol, medical marijuana, or medical marijuana products on the premises.

(b)

No commercial marijuana establishment shall employ any person under the age of 18.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1191, § 1, 8-6-2019)

(a)

Smoking or using marijuana shall be prohibited on all city property, including, but not limited to, vehicles, buildings, parks or other facilities.

(b)

Smoking or vaping of medical marijuana shall be prohibited within 50 feet of a street, alley or sidewalk.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1217, § 1, 2-2-2021)

(a)

All dispensaries of medical marijuana are required to obtain a medical marijuana retailer permit and a business license from the city clerk.

(b)

The medical marijuana retailer permit fee shall be the amount set forth in section 42-22(4) of this Code. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of retail marijuana establishments.

(c)

A medical marijuana retailer permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in chapter 122 of this Code.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1191, § 2, 8-6-2019; Ord. No. 1217, § 2, 2-2-2021)

(a)

A medical marijuana retailer permit will not be granted to any applicant where the proposed location would be located within 1,000 feet of any private or public preschool, elementary, secondary, vocational or trade school, college or university.

(b)

For the distance requirements outlined in this section, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in subsection (a) above is located to the nearest property line of the building or unit in which the proposed dispensary establishment would be located.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1191, § 4, 8-6-2019; Ord. No. 1211, § 1, 11-3-2021; Ord. No. 1217, §§ 3, 4, 2-2-2021; Ord. No. 1221, § 1, 4-6-2021)

Editor's note— Ord. No. 1221, § 1, adopted April 6, 2021, changed the title of § 22-221 from "Conditions of operation" to read as set out herein.

(a)

All commercial growers of marijuana are required to obtain a marijuana commercial grower permit and a business license from the city clerk.

(b)

The marijuana commercial grower permit fee shall be the amount set forth in section 42-22(4) of this Code. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of retail marijuana establishments.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1217, § 5, 2-2-2021)

(a)

A marijuana commercial grower must obtain a specific use permit in an appropriate zoning district in accordance with chapter 122, section 122-57, et seq. for its business location.

(b)

In granting a specific use permit for a marijuana commercial grower's facility, such permit shall not be granted where the proposed location is within 1,000 feet of any of the following locations:

(1)

Any private or public preschool, elementary, secondary, vocational or trade school, college or university;

(2)

Any library or museum;

(3)

Any public playground;

(4)

Any childcare center;

(5)

Any place of worship or religious assembly;

(6)

Any public park, pool, or recreation facility;

(7)

Any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center; or

(8)

Any residentially zoned district;

Unless the applicant requests in its application a change in the location restrictions listed in this subsection and, pursuant to section 122-57, et seq., a change in the location restrictions is approved in the specific use permit.

(c)

If an applicant for a specific use permit requests in its written application a change in the location restrictions in subsection 22-241(b), above, all owners of property within 1,000 feet of the requested location shall be provided notice of the hearing on the application pursuant to section 122-57, et seq.

(d)

For the distance requirements outlined in this section, the distances shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in subsection (b) above is located to the nearest property line of the building or unit in which the proposed marijuana processor facility would be located.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1191, § 5, 8-6-2019; Ord. No. 1217, § 6, 2-2-2021)

Editor's note— Ord. No. 1217, § 6, adopted Feb. 2, 2021, changed the title of § 22-241 from "Location restrictions" to read as set out herein.

(a)

Growing of marijuana pursuant to a marijuana commercial grower permit shall be within an enclosed structure.

(b)

The marijuana commercial grower facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right-of-way.

(c)

The growing area, including any lighting, plumbing or electrical components used shall comply with city building, fire and other applicable codes.

(d)

Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.

(e)

It is the intent of the city that nothing in the medical marijuana ordinances be construed to:

(1)

Allow persons to engage in conduct that endangers or causes a public nuisance;

(2)

Allow the use of marijuana for non-medical purposes; or

(3)

Allow any activity that is otherwise illegal and not permitted by state law.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1217, § 7, 2-2-2021)

(a)

All marijuana processors are required to obtain a marijuana processor permit and a business license from the city clerk.

(b)

The marijuana processor's permit fee shall be the amount set forth in section 42-22(4) of this Code. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of marijuana processing facilities.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1217, § 8, 2-2-2021)

(a)

A marijuana processor must obtain a specific use permit in an appropriate zoning district in accordance with chapter 122, section 122-57, et seq. for its business location.

(b)

In granting a specific use permit for a marijuana processor's business location, such permit shall not be granted where the proposed location is within 1,000 feet of any of the following locations:

(1)

Any private or public preschool, elementary, secondary, vocational or trade school, college or university;

(2)

Any library or museum;

(3)

Any public playground;

(4)

Any childcare center;

(5)

Any place of worship or religious assembly;

(6)

Any public park, pool, or recreation facility;

(7)

Any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center; or

(8)

Any residentially zoned district;

Unless the applicant requests in its application a change in the location restrictions listed in this subsection and, pursuant to section 122-57, et seq., a change in the location restrictions is approved in the specific use permit.

(c)

If an applicant for a specific use permit requests in its written application a change in the location restrictions in section 22-241(b), above, all owners of property within 1,000 feet of the requested location shall be provided notice of the hearing on the application pursuant to section 122-57, et seq.

(d)

For the distance requirements outlined in this section, the distances shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in subsection (b) above is located to the nearest property line of the building or unit in which the proposed marijuana processor facility would be located.

(Ord. No. 1173, § 1, 9-4-2018; Ord. No. 1191, § 6, 8-6-2019; Ord. No. 1217, § 9, 2-2-2021)

Editor's note— Ord. No. 1217, § 9, adopted Feb. 2, 2021, changed the title of § 22-261 from "Location restrictions" to read as set out herein.

(a)

Buildings where marijuana processing occurs must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.

(b)

The marijuana processor facility must collect the applicable sales tax on all sales.

(c)

The hours of operation shall be between the hours of 9:00 a.m. to 9:00 p.m. Monday through Saturday. Operations shall be closed on Sundays as well as Christmas, Thanksgiving, July 4th and New Year's Day.

(d)

Any violations of this section will result in the revocation of the marijuana processor permit.

(e)

It is the intent of the city that nothing in the medical marijuana retailer ordinances be construed to:

(1)

Allow persons to engage in conduct that endangers or causes a public nuisance;

(2)

Allow the use of marijuana for non-medical purposes; or

(3)

Allow any activity that is otherwise illegal and not permitted by state law.

(f)

Processing facilities must remain locked at all times when not in operation. The facility must have an electronic security system and have an appropriate security fence that must be at least ten feet tall around the facility.

(Ord. No. 1173, § 1, 9-4-2018)