A. The right is 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 supervise 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 inspection(s) 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 forty eight (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 twelve (12) months from the date of the council's decision. In the event of such nonrenewal, the grantee shall have two (2) 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 subsection G of this section, shall have the right to purchase and take over the cable 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 cable 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 cable system in its entirety, the fair market value to the grantee of the system shall be determined by three (3) disinterested parties, one of such parties to be selected by the city, another to be selected by the grantee, and the two (2) parties so selected shall mutually agree upon a third party. When all three (3) 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 (2) parties selected by the city and grantee are unable to agree upon a third party, then the presiding district judge of Oklahoma 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. (Ord. 761 §31, 1995)