Duty to move or alter facilities.
Tulsa Revised Ordinances tit. 15, § 308
in effectSection 308. - Duty to move or alter facilities.
A. City reserves the right to construct or permit to be constructed cables, electric conduits, water, sewer, stormwater drainage system, gas or other pipelines and to do or permit to be done any underground work deemed necessary and proper by the City, along, across, over or under the rights-of-way. In doing or permitting such work to be done, the City shall not be liable to the Grantee for any damages to Grantee, willful and grossly negligent acts excepted.
B. Whenever by reason of establishing a grade or changes in the grade of any rights-of-way and/or public easements, or in the location or manner of construction of any, cables, electric conduits, water, sewer, stormwater drainage system, gas or other pipelines, it shall be deemed necessary by the City to alter or change Grantee's distribution system, Grantee shall make such alterations or changes as outlined below.
The City shall notify Grantee of the proposed project limits during the pre-conceptual through preliminary design phases. With this information, Grantee will provide general location information regarding its facilities to assist City in avoiding potential conflicts. City and Grantee shall continue to coordinate efforts to mitigate conflicts and/or relocation.
When the City's project design reaches adequate design to facilitate Grantee relocation design, the City shall issue Grantee a Notice to Commence Engineering and Design, after which Grantee shall be allowed up to six (6) months, commensurate to the scope of the project design, to complete its engineering and design activities. Any City review time shall not impact Grantee's time to complete.
Following Grantee's completion of its engineering and design activities, the City shall issue Grantee a Notice to Proceed. Grantee shall then Commence Construction without delay and as soon as reasonably possible but no longer than six (6) months of its receipt. City understands that some construction delays are outside of Grantee's control. These delays may include weather, supply chain issues, right-of-way issues including condemnation, and/or City's nonreturn of an executed reimbursement agreement, if applicable. Such delays shall not impact Grantee's time to Commence Construction. Project completion timelines are commensurate to relocation scope, will vary based on project complexity and will be reviewed and updated through regular meetings between the City and Grantee. Grantee shall coordinate with the City on multi-phased projects to identify opportunities for the City to begin construction on completed phases, ensuring efficient project progression.
Any changes made by the City after the issuance of the Notice to Proceed that result in net costs increase to Grantee for additional facility relocations or other related costs shall be reimbursable by the City to Grantee, irrespective of prior-rights status. Such alterations or changes due to unforeseen project or site conditions shall be without claim for reimbursement or compensation for damages against City.
C. If City shall require the Grantee to adapt or conform its facilities, or to in any way alter, relocate or change its property to enable any other person, firm, corporation or entity (whether public or private), other than the City, to use the rights-of-way or public easements, the Grantee shall be reimbursed by the person, firm corporation or entity desiring or occasioning such change, alteration or relocation. Grantee shall make such alterations, relocations or changes within a reasonable time, not to exceed six (6) months, as ordered in writing by the City.
D. If the City shall require the Grantee to adapt or conform its facilities, or to in any way alter, relocate or change its property, and then for design changes within City's control and not due to unforeseen conditions, which require Grantee to adapt or conform the same facilities again for the same improvement, Grantee shall be reimbursed by the City for such alteration, relocation or change.
E. If City shall require Grantee to in any way alter, relocate or change its facilities from a private easement, then Grantee shall be reimbursed by the City for such alteration, relocation or change. Reimbursable costs shall be limited to facilities of like size.
F. "Person," "firm," "corporation," and "entity" as used in the preceding Subsection 308.C shall not include regular departments of the City, or any trust or authority formed by or for the benefit of City, for public utility purposes, or whose revenues are subsidized by or contribute to the general funds of the City, but shall include any other agency, whether acting in a governmental or non-governmental capacity, including, but not limited to, any urban renewal authority, or any other agency or authority, which as a part of its program clears whole tracts of land within the City limits and relocates citizens for the purpose of eliminating urban blight or similar aims.
G. The foregoing shall not alter the Grantee's prior rights or obligations within a pre-existing, private easement established prior to the dedication of rights-of-way in establishing the party responsible for the expense of any City required alteration, relocation or change of facilities. The Grantee shall maintain its prior rights when Grantee is requested by City to alter, relocate or change its facilities previously in a private easement.
(Ord. No. 25782, § 1, 5-13-2026)
Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT15FRGR_CH32026OKNAGACOFR_S308DUMOALFAFetched: 10/28/2026