§ 302. Franchise assignment, sale or lease.  


Latest version.
  • Grantee shall not have the right to assign, sell, lease, or otherwise transfer in any manner whatsoever either the rights or privileges granted under this franchise, or the distribution system installed, operated and maintained under this Ordinance, except as hereinafter provided. Any assignment, sale, lease, or other transfer by the Grantee of the franchise granted herein or the distribution system installed, operated and maintained hereunder shall be deemed a breach of this franchise by the Grantee and shall be ineffective and void unless all of the following conditions are met:

    A.

    The proposed assignment, sale, lease or transfer shall be in writing and filed with the City Clerk of the City; and

    B.

    The prospective assignee, buyer, lessee or other transferee shall have agreed in writing as part of the proposed assignment, sale, lease or transfer to accept and become responsible to the City for full performance of all conditions, covenants, obligations, and liabilities contained in this Ordinance and such agreement shall have been filed with the City Clerk of the City; and

    C.

    In the event of a proposed partial assignment, sale, lease or transfer, the proposed partial assignment, sale, lease or transfer shall have been submitted to the City Clerk and approved by the governing body of the City of Tulsa; provided, approval of a proposed partial assignment, sale, lease or transfer shall not be unreasonably delayed or unreasonably withheld by City.

    In the event all the conditions set forth above are met, then such assignment, sale, lease or transfer shall be effective to grant the assignee, purchaser, lessee or transferee the rights in this franchise or the system so assigned, sold, leased or transferred, subject, however, to the continuing compliance by such assignee, purchaser, lessee or transferee with all the provisions of this Ordinance.

    This Subsection 302.C shall not apply to the use of any portion of Grantee's system for the transportation, distribution or sale of natural gas to any person outside the corporate limits of the City of Tulsa.

(Ord. No. 22415, § 1, 5-19-2011)