2026 OKLAHOMA NATURAL GAS COMPANY FRANCHISE

Tulsa Revised Ordinances tit. 15, ch. 3

in effect

Tulsa Revised Ordinances tit. 15, § 300 Definitions.

Section 300. - Definitions. As used in this Ordinance, the following words and phrases shall have the following meanings: "Arterial rights-of-way" shall mean the vehicle traffic lanes under the control and maintenance jurisdiction of the City of Tulsa, including the strips of land on each side thereof, on freeways, parkways, special traffic ways primary, secondary and urban arterial streets, all as defined and established by the adopted and currently effective Tulsa City-County Major Street and Highway Plan, as it may be amended from time to time. The terms shall also apply and have reference to the street system within Tulsa's Central Business District, as defined in the City of Tulsa's adopted Comprehensive Plan, and more particularly described as the street network bounded on the East by the east leg of the inner dispersal loop, the west by I-244, north by I-244, and on the south by the Broken Arrow Expressway. "City" shall mean the City of Tulsa, Oklahoma, a municipal corporation. "Commence construction" shall mean Grantee or Grantee's contractor will undertake substantial mobilization activities necessary to initiate construction. Mobilization includes any significant movement of labor, materials, equipment, or resources to the project site that would require Grantee or Grantee's contractor to demobilize should the project be delayed or suspended. "Construct", "construct", "constructed" or "construction" shall mean "install, operate and maintain". "Consumer" shall mean any person located within the corporate limits of the City of Tulsa and served by the Grantee through any use of any part of the Grantee's Facilities located in the Rights-of-Way. "Dekatherm" or "Dth" shall mean a measurement of natural gas equal to one million (1,000,000) British Thermal Units ("Btu"), or one (1) MMBtu, on a dry basis. Btu shall be computed on a temperature base of 60° Fahrenheit and a pressure base of 14.73 PSIA. "Director" shall mean the executive head or such executive's designee, who is the primary City official responsible for administration and enforcement of matters related to rights-of-way construction permits, the enforcement of engineering standards as outlined in this franchise, and any other administrative matters related to this franchise. "Director of Finance" or "Finance Director" shall mean the executive head of the Finance Department of the City of Tulsa responsible for the direction, operation and administration of the Finance Department, or such Director's designee. Regardless of changes in organization of the City, the Director of Finance or Finance Director, as used in this franchise, shall be the primary City official responsible for administration, enforcement and collection activities provided for in this franchise. "Distribution system" or "distribution system" shall mean a system of Facilities necessary for the transportation, distribution or sale of natural gas. "Elevation View" shall mean the product of the equipment's maximum height and maximum width or length dimension utilizing the largest side of the equipment. (For example, an equipment cabinet with exterior dimensions of three (3) feet height, by two (2) feet width, by two (2) feet length (three (3) feet h × four (4) feet w × two (2) feet l) would have an elevation view of twelve (12) square feet; a generator with exterior dimensions of four (4) feet height, by four (4) feet width, by five (5) feet length (four (4) feet h × four (4) feet w × five (5) feet l) would have an elevation view of twenty (20) square feet; and, a traffic control box with exterior dimensions of seven (7) feet height, by two (2) feet width, by four (4) feet length (seven (7) feet h × two (2) feet w × four (4) feet l) would have an elevation view of twenty-eight (28) square feet. "Emergency" or "emergency" shall mean a condition that poses a clear and immediate danger to life or health, of a significant loss of property, or requires immediate repair or replacement in order to restore service to the public or a customer. "Facility" or "facilities" shall mean all or any part of Grantee's collective system of tangible things, including but not limited to pipelines, conduits, meters, apparatus, structures and appurtenances that are partly or entirely located in the rights-of-way in the City of Tulsa, Oklahoma for the purpose of transporting, distributing and selling gas within the City and to the public generally for domestic, commercial and industrial use. "Franchise" or "franchise" shall mean the rights and privileges granted by the City to Grantee under Sections 301 et seq. of this Ordinance. "Franchise fee" or "franchise fees" shall mean the sum of the fees to be paid to the City by Grantee under Section 312 of this Ordinance as consideration for the use of the rights-of-way. "Grantee" shall mean the Oklahoma Natural Gas Company, a division of ONE Gas, Inc., a corporation, its successors and assigns. "Grantee's agent" or "agent" shall mean any contractor, subcontractor, person or entity, other than an employee of the Grantee, which is the under the direction, control or authorization of Oklahoma Natural Gas Company to affect, install, operate and maintain Facilities owned, managed or operated by Grantee in the rights-of-way. "Gross cash receipts" or "gross receipts" shall mean any and all compensation derived by Grantee directly from the sale, distribution and/or transportation of gas for domestic, commercial and industrial consumption within the City. Gross cash receipts or gross receipts shall not include the franchise fee reimbursement. Gross cash receipts or gross receipts shall include the following specific miscellaneous fees or charges: trip (collection/not home), account research, late payment, duplicate bill, reconnect, customer account history, service initiation, master summary, temporary disconnect, tampering/unauthorized gas use, insufficient funds, return check, appliance light, meter test, equipment damage, no access, special meter reading, and temporary service, and any other similar miscellaneous fees or charges approved by the Oklahoma Corporation Commission. "Install, operate and maintain" or "installation, operation and maintenance" shall mean to acquire, erect, construct, install, extend, repair, remove, relocate, replace, restore or otherwise operate and maintain. "Major project" shall mean projects that exceed five hundred (500) feet in length, or require boring under any rights-of-way, or the cutting of any pavement in an arterial rights-of-way, or the blockage of any traveling lane in any rights-of-way, for any amount of time. The subdivision of a project into multiple projects individually not exceeding five hundred (500) feet in length shall not exclude them from cumulatively being included within this definition. "Natural gas" or "natural gas" shall mean a gaseous substance predominantly composed of methane. "Notice to Commence Engineering and Design" shall mean the formal written authorization issued by the City directing the Grantee to begin engineering and design for the project. This notice confirms that the City has provided the minimum necessary information, access, approvals, and direction required for the Grantee to proceed with design development, preparation of plans, specifications, and any supporting technical documents. "Notice to Proceed" shall mean the formal written authorization issued by the City directing the Grantee to begin construction activities on the project. This notice confirms that all prerequisites for construction such as permitting, right-of-way, design approvals, utility coordination, and funding authorization have been satisfied to the extent required for construction activities to commence. "Obstruct" or "obstruct" shall mean to place any tangible object or material in the rights-of-way in a manner that stops, hinders, disrupts, or otherwise interferes with free and open passage over a specific area or part of the rights-of-way. The term does not include the otherwise legal parking of a vehicle subject to all the current parking regulations of Title 37, Tulsa Revised Ordinances. "Person" or "person" shall mean any individual human being or natural person, firm, company, corporation, partnership, association, trust, trustees, trustees in bankruptcy, or receivers, or any other organization or legal entity of any kind or nature, whether public, private or governmental. "Public Right-of-Way Accessibility Guidelines" ("PROWAG") shall mean accessibility guidelines for pedestrian facilities in the public right-of-way dedicated to transportation, issued by the Architectural and Transportation Barriers Compliance Board in its final rule "Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way," which became effective on October 7, 2023 (36 CFR part 1190). "Private easement" shall mean the right to enter or use certain described real property, and install facilities in said real property, when said right belongs to Grantee exclusively, and is not held by the general public or City. "Rights-of-way" or "ROW" shall mean the surface, the airspace above ground, and the area below the surface of any public street, highway, parkway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, stormwater drainage system, easement, or similar property in which the City now or hereafter holds a property interest and/or a maintenance responsibility which, consistent with the purposes for which it was granted or dedicated, may be used to install, operate and maintain facilities. Rights-of-way shall not include buildings, parks, or other property owned or leased by the City, its trusts, or authorities, but does include all rights-of-way as defined by this franchise. Should the Grantee desire the City to investigate whether the City can make a representation or guarantee that its interest or other right to control the use of such property is sufficient to permit the Grantee's use for such purposes, then the Grantee shall submit, in advance, sufficient funds to cover all costs associated with such an investigation by the City, including but not limited to, attorney fees, surveyor fees, title examination fees, and title insurance fees. "Rights-of-way construction permit" or "ROW construction permit" shall mean an authorization to excavate in or obstruct rights-of-way at a specific place and time, to install, operate and maintain facilities within a specified portion of rights-of-way. "Settlement prices" shall mean the settlement prices for natural gas futures contracts traded on the New York Mercantile Exchange (NYMEX), or any successor exchange or index, on the 15th day of each month as published daily in the Wall Street Journal (WSJ) on the following business day (or the next day in which a settlement price is published) for each month of the twelve-month period immediately following. "Transport customer" shall mean any consumer who receives Transport gas pursuant to a Transportation Tariff Arrangement. "Transport gas" shall mean all natural gas transported and/or distributed by Grantee or by any other person, but not sold by Grantee, through the use of any part of Grantee's distribution system located in the rights-of-way. "Transportation Tariff Arrangement" shall mean any arrangement by tariff and/or contract pursuant to which Grantee uses its facilities or allows its distribution system to be used by any other person for delivery of transport gas to any transport customer. "Volumetric rate" shall mean that sum measured in cents per Dth (or other successor standard of measurement as agreed by the City and Grantee) as determined by Grantee in accordance with the provisions of this definition. The Volumetric Rate Calculation Form incorporated herein as Exhibit "A" shall be used for the calculation of the Volumetric Rate. The calculation shall be completed by Grantee and filed with the City Clerk of the City upon Grantee's acceptance of this franchise and annually by each July 31 following acceptance. The calculation filed upon Grantee's acceptance of this franchise shall be effective from the date of such filing through and including December 31 of the next succeeding calendar year. The calculation filed by Grantee on July 31 in years following the year of acceptance of this franchise shall be effective on January 1 of the next succeeding calendar year through and including December 31 of such calendar year. The calculation shall be subject to review by the City for mathematical correctness and the City shall notify Grantee in writing within forty-five (45) calendar days after submission if the City deems such calculation to be incorrect. The volumetric rate calculation shall be based on the average of the average settlement prices for the twelve-month period beginning in July of the immediately preceding year and ending in June immediately preceding the July 31 calculation. The average settlement prices for each month during said twelve-month period shall be calculated by adding the settlement prices for such month and the previous eleven (11) months as published and dividing by twelve (12). The average settlement prices for each of the twelve (12) months shall then be summed and divided by twelve (12) to determine the average of the average settlement prices and then multiplied by four percent (4%) to obtain the volumetric rate; provided, in the event the then-current average of the average settlement prices as calculated above and entered on the Volumetric Rate Calculation Form, attached as Exhibit "A" (see line designated on Exhibit "A" as "settlement price average"), exceeds the Index price for ONEOK Gas Transportation, L.L.C., that is listed in the issue of Platt's "Inside FERC's Gas Market Report" published on the first business day of the respective month ("Platt's Index price"), then the Platt's Index price shall be used to calculate the volumetric rate for that delivery month in lieu of the average of the average settlement prices entered on the Volumetric Rate Calculation Form (Exhibit "A") (i.e. for that respective delivery month, the volumetric rate shall be determined by taking the Platt's Index price and multiplying that price by four percent (4%)). "Volumetric rate fee" or "volumetric rate fees" shall mean the franchise fee or franchise fees based on the volumetric rate to be paid to the City by Grantee as required by Section 312 of this franchise. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 301 Grant of franchise.

Section 301. - Grant of franchise. A. The City hereby grants to Grantee, Oklahoma Natural Gas Company, a division of ONE Gas, Inc., a corporation, for the term of twenty (20) years from the passage of this Ordinance and the filing of a written acceptance by the Grantee, the right to enter upon the rights-of-way to install, operate and maintain a distribution system along, across, over and under the rights-of-way for the privilege of transporting, distributing and selling natural gas to consumers and the public generally within the corporate limits of the City of Tulsa. B. No main natural gas line shall be laid in any park without special permission, designating the location of such line, from the City. C. This Ordinance shall have the effect of and shall be a contract between City and Grantee and shall be the measure of the rights and liabilities of the City as well as Grantee. D. The franchise granted by this Ordinance is not exclusive and nothing in this Ordinance shall be construed to divest the City of its control and regulation of the rights-of-way. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 302 Franchise assignment, sale or lease.

Section 302. - Franchise assignment, sale or lease. 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. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 303 Use and repair of rights-of-way.

Section 303. - Use and repair of rights-of-way. A. Grantee's distribution system and particularly Grantee's pipes and pipelines shall be erected, placed, laid, or otherwise installed, operated and maintained in such a manner as will least interfere with other public uses of the rights-of-way, including stormwater drainage systems. B. Grantee shall apply for and receive a rights-of-way construction permit, as provided in Subsection 304.A, before Grantee shall obstruct, excavate, cut pavement, bore, bore under or otherwise disturb the surface of any rights-of-way, except in the case of emergency. After such excavation or disturbance the Grantee shall, with due diligence and dispatch place the rights-of-way in a condition in compliance with the City's standards and specifications. C. Upon Grantee's failure to commence, work continuously, or complete any installation, operation and maintenance or restoration work required by this franchise with due diligence and dispatch, the City may cause such work to be done after written notice to Grantee, given so as to afford Grantee an opportunity to commence and complete such work within a reasonable time. The cost of such installation, operation and maintenance or restoration incurred by the City upon Grantee's failure shall then be charged and collected from the Grantee. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 304 Rights-of-way construction permits.

Section 304. - Rights-of-way construction permits. A. Rights-of-Way Construction Permits. Grantee or grantee's agent shall not obstruct the rights-of-way or construct new facilities or do maintenance work on more than one hundred (100) linear feet of facilities or cut the pavement or put facilities under the pavement of any defined rights-of-way without first obtaining a rights-of-way construction permit. B. Permit Requirements. To apply for a rights-of-way construction permit, Grantee or Grantee's agent shall furnish in writing or electronically the following: 1. Grantee's name, as the owner or operator of the facility; and 2. A sketch or drawing of the project; and 3. Dates of the construction activity, the proposed start and stop times, and any proposal to temporarily reopen any roadway for any "peak hour" period; and 4. The names of any known agents working on the proposed project under the Grantee's responsibility and authority; and 5. Acknowledgement of a traffic control plan in compliance with the following traffic control and safety standards and specifications: a. Whenever Grantee is occupying any portion of rights-of-way, Grantee or Grantee's agent shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs, and lights appropriate to the level of complexity of the activity in order to protect, warn, and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic-control plan in accordance with the Manual on Uniform Traffic Control Devices. b. Grantee shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the Grantee's field employees and contractors for all job sites within the rights-of-way. 6. A list of the Grantee's emergency providers, including name of company, local contact person, mailing and e-mail address, and twenty-four-hour emergency phone number. This information shall be kept current by written notice to the Director. 7. For major projects, the following may be required: a. Detailed construction plans. These plans shall show the location and area of the proposed project, the locations of all existing and proposed equipment and facilities, the height and/or depth of the proposed equipment and existing facilities, and the spatial relationship with any adjacent infrastructure, rights-of-way line, easement, utility, and/or other physical features; and b. A copy of the construction plans in an electronic format acceptable to the Director; and c. Grantee may meet with the Director for a pre-work conference. C. Permit Terms and Conditions. Each rights-of-way construction permit shall describe the general location of the permitted project, the size of the obstructed area, the duration of the permit, which shall be based on the amount of time estimated for completion of the permitted activity, and any special conditions or other information deemed relevant by the Director. A rights-of-way construction permit for major projects shall be issued or denied within fifteen (15) calendar days of submission of a completed application. All other rights-of-way construction permits shall be issued or denied within five (5) business days of submission of a completed application. In the event of denial, the Director shall advise the applicant of all steps necessary to secure approval of the permit. D. Emergency Permits. 1. An emergency rights-of-way construction permit is available for projects. Any emergency excavation required to maintain the safety and well being of the general public should be commenced without delay. Notification must be provided to the Director within two (2) hours of the commencement of the project. This notification shall consist of the following: a. Anticipated date, duration, start and stop time, location (site address if possible), including nearest cross street; and b. Size of the obstruction and work area less any normal traffic control in advance; and c. The name of any agent performing work on behalf of the Grantee; and d. Grantee's name; and e. Local contact information; and f. General description of the type of construction activity and/or facilities installed. 2. Grantee shall notify the Director upon the completion of the project. Grantee and any agents engaged in an activity within the rights-of-way, must notify the Director that an obstruction will occur. 3. Whenever the Grantee performs any work under an emergency rights-of-way construction permit, the Grantee shall apply for a standard rights-of-way construction permit as soon as possible, but in any event no later than two (2) business days following the date of notification. E. Permit Conditions. As a condition of any rights-of-way construction permit, Grantee shall adhere to the following requirements: 1. All engineering requirements and construction standards imposed by this franchise; and 2. All current rights-of-way construction permits shall be maintained on each work site. All rights-of-way construction permits shall be presented upon request to any representative of the Director; and 3. Excavation projects are subject to the requirements imposed by this franchise. F. Failure to Comply. In the event Grantee's agent fails to comply with requirements of this section, Grantee's agent shall be precluded from obtaining any rights-of-way construction permit or performing any further construction within the City's rights-of-way for up to twelve (12) months from the date of notification. G. Renewal. In the event that a permitted project is not concluded prior to expiration of the rights-of-way construction permit under which it is being performed, the Grantee shall apply to the Director for an extension of the permit. In such case, the following information shall be submitted: 1. Statement from the Grantee indicating the reason for the delay in completion of the project; and 2. Date that the Grantee anticipates the project to be completed. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 305 Appeals.

Section 305. - Appeals. Whenever the Grantee is aggrieved and it is alleged there is an error in any order, requirement, decision, or determination made by any person in the enforcement of any provision of this franchise, an appeal may be taken by the Grantee to the Director or the Director's designee. The Director or Director's designee shall provide Grantee with a hearing prior to issuing a written decision in the matter. The hearing shall take place no less than ten (10) business days after written notice of the date and time of the hearing has been provided to Grantee. The appeal must be presented upon written request to the Director, or the Director's designee. The Director, or the Director's designee, shall render a decision within ten (10) business days after affording Grantee a hearing as described hereinabove. A decision from the Director, or the Director's designee, shall be made in writing, and shall be supported by written findings establishing the reasonableness of the decision. Appeal of any decisions made by the Director, or the Director's designee, shall be made to the governing body, and the governing body of City shall afford Grantee a hearing on the matter (upon ten (10) business days advance notice) before rendering a decision. Appeal of any decision made by the governing body shall be made to the District Court of Tulsa County, Oklahoma, and an appeal from any decision of the District Court shall be as in all other civil actions. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 306 Regulation of service.

Section 306. - Regulation of service. A. The distribution system of the Grantee shall at all times be installed, operated and maintained in such condition as will enable the Grantee to furnish adequate and continuous service in accordance with: (1) good and accepted practice; (2) as required by the regulatory orders, rules and regulations of the Corporation Commission of Oklahoma; and (3) all federal laws and regulations. B. In the event that the Corporation Commission of Oklahoma or other state regulatory authority should be deprived of the authority to regulate Grantee, then the City shall have the authority to set rates, terms and conditions of service for transportation, distribution or sale of natural gas by Grantee within the corporate limits of the City of Tulsa. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 307 Engineering standards.

Section 307. - Engineering standards. A. Allocation of Space in the Rights-of-Way. The Director shall have the power to establish limitations on the placement of new or additional facilities within specific congested segments of the rights-of-way if there is insufficient space to accommodate all of the requests of entities to occupy the rights-of-way. In making such decisions, the Director shall strive, to the extent possible, to accommodate all existing and potential users of the rights-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the width and physical condition of the rights-of-way, the protection of existing utilities and improvements in the rights-of-way, and future City plans for public improvements and development projects which have been determined to be in the public's interest. B. Location Criteria. 1. Corridors. The Director shall assign specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facility that is now or as the Director concludes may in the future be located within the rights-of-way. The Director shall establish an ideal cross section identifying the lateral and vertical position of each class of potential user. All permits issued by the City involving the installation or replacement of facilities shall be reviewed as to the proper corridor for the facility. 2. Variance. Any Grantee facility which is located in the rights-of-way in a position at variance with the corridors established by the Director shall move the facility at its own expense to its assigned position within the rights-of-way no later than at the time of the next reconstruction of the facility or roadway reconstruction which requires utility relocation by the City of the area where the facility is located. This requirement may be waived by the Director for good cause shown, upon a written request giving due consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs or hardship to the Grantee. 3. Interference. Grantee shall not place any fixtures or equipment where the same will interfere with any existing utility or improvement. Grantee shall locate its facilities in such a manner as not to interfere unnecessarily with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abut any rights-of-way. C. Construction Standards. 1. Depth. a. After the operative date of this franchise, Grantee's facilities installed or replaced in rights-of-way shall be installed or replaced at depths which comply with all applicable state and federal rules and regulations establishing minimum safety standards for the design, construction, maintenance and operation of pipelines. Depth shall be measured from the lower of existing grade or proposed future grade as set forth on plans or other specifications existing at the time such lines are installed or replaced. In connection with such installation or replacement, fill and/or backfill materials and methods shall conform to the latest City standards. b. Unless agreed to in writing in advance by the Director, the local requirements for depth of installed facilities shall be, at a minimum, as follows: (1) Twenty-four (24) inches in green areas, (2) Twenty-four (24) inches below a projected slope from the flowline of a ditch at a three (3) horizontal and one (1) vertical slope, (3) Forty-eight (48) inches under a roadway measured from the surface of said roadway to the top of the installation, (4) Forty-eight (48) inches under a stormwater or creek channel design flowline, (5) Cross under all water lines at a minimum separation of twenty-four (24) inches, (6) The City may require Grantee's facilities be placed at a greater depth than minimum depths as defined by local, state, or federal standards to facilitate known projects or to correct deficiencies, and (7) Existing facilities shall be exempt from these depth requirements. 2. Backfilling/testing. Excavations shall be promptly backfilled according to standards on file with the Director and the earth shall be restored to original grade to assure no hazard to vehicular, animal, or pedestrian traffic. Upon request by the City, Grantee shall perform all necessary compaction tests in accordance with the latest design and construction specifications approved and disseminated by the Director setting forth requirements for backfill and paving cut repairs (e.g., standard concrete pavement cut and repair; standard asphalt pavement cut and repair, etc.). All test reports shall be submitted to the Director. 3. Pavement Cutting. Grantee shall comply with the latest pavement cut standards followed by the City. 4. Replacement. The replacement of any sidewalk, any driving surface, and the base of any roadway shall be the responsibility of the City's paving cut contractor, unless otherwise approved by the Director. In cases where the sidewalk needs to be opened to pedestrian traffic prior to the permanent sidewalk repair being completed, a temporary sidewalk patch may be made. Temporary sidewalk patches must be constructed in such a manner as to comply with current Americans with Disabilities Act (ADA) standards and utilize asphalt or concrete to provide a smooth surface for travel. Aggregate base or clean rock will not be an acceptable surface for temporary sidewalk patches. All repairs and replacements shall comply with the City's Engineering Standards, pursuant to engineering plans on file with the City and may require additional removal to the nearest joint in all directions. Surface replacements shall be completed no later than ten (10) calendar days from completion of the underlying construction project. Specialty pavement sections must be constructed to restore the pavement to its original or an improved condition. The reasonable costs of repairs and replacements are the Grantee's responsibility. To ensure that the foregoing replacements of sidewalks, driving surfaces and such other work is completed, if Grantee or any of Grantee's contractors or subcontractors fail to maintain an accessible work area or complete any repairs or other work contemplated by this Section C.4. within the specified 10-day period, or less where an unsuitable interim condition exists, City shall have the right to perform and complete any and all such repair or replacement work in accordance with this Agreement, City's Engineering Standards, and all applicable laws ("City Work"). All City Work shall be funded and paid by the Grantee. The foregoing are ongoing obligations of Grantee during and throughout the term of this franchise. In no event shall City's performance of City Work limit or otherwise excuse Grantee's failure to perform its repair and replacement obligations hereunder. 5. Trenching. Grantee shall not proceed with additional trench work exceeding a maximum of five hundred (500) feet of open trench without the approval of a City inspector. 6. Crossings. All underground crossings of paved roadways and stormwater and creek channels shall be made by a bore method approved by the Director. Any alternate method shall be approved by the Director, and then submitted to the ROW Administrator and Traffic Operations. Voids and all holes shall be properly grouted. Crossings shall be at approximately right angles, when possible, to the roadway and in no case shall any facility be placed in any culvert or drainage pipe. 7. Erosion. Erosion prevention measures shall be incorporated into all work within the rights-of-way as described in the City's Stormwater Criteria Manual. All gutters, ditches, and other drainage features shall be maintained free and unobstructed of sediment, dirt, and debris. The handling, grading, excavating, or moving of excess construction materials or the movement or cleaning of construction vehicles or equipment shall be conducted in such a manner that materials and washout will not be deposited into catch basins, gutters, ditches, or areas where runoff may carry materials into any public or private stormwater system. 8. Obsolete or Abandoned Facilities. Whenever Grantee's facilities are no longer used by Grantee and Grantee has no plans for any future use of those Facilities, then Grantee shall remove those facilities that are at or above grade and restore the area in accordance with City standards. D. Dimension and Location Criteria. Maximum dimensions and location of associated, above ground Facilities, including but not limited to junction boxes, duct banks, electric generators, repeaters, antennas, satellite dishes, or equipment cabinets, shall meet the following criteria: 1. The "Elevation View" shall not exceed thirty (30) square feet without written approval of the Director. 2. Associated equipment shall not be installed in such a manner so as to obstruct the view of drivers upon or entering a public street. Equipment, excluding poles, exceeding a height of twenty-four (24) inches shall not be placed within any intersection "sight-distance triangle" as defined in Title 24, Section 103, Tulsa Revised Ordinances. 3. No Facilities shall be placed so as to obstruct the flow of pedestrian traffic, and in no case result in less than four (4) feet of clear sidewalk, without the approval of the Director. 4. Grantee's Facilities shall comply with the latest design guidelines and regulations associated with the Americans with Disabilities Act. Grantee's non-compliant Facilities shall be relocated in accordance with the terms of this franchise. E. Miscellaneous Standards. 1. Construction Zone Identification. Whenever the Grantee or Grantee's agent excavates or obstructs any portion of the rights-of-way, Grantee shall erect a temporary sign displaying either: a. The name of the Grantee or Grantee's agent involved in the project, and the City permit number authorizing the activity; or b. The name of the Grantee and a local telephone number or toll free number manned during regular business hours by a person who is knowledgeable about the construction project. The sign shall be visible from any adjacent traffic lane and shall be maintained throughout the duration of the project. 2. Vehicle Identification. All vehicles used, parked, or stored by or on behalf of Grantee within a permitted construction zone shall be clearly marked, providing the name of the Grantee or Grantee's agent. Any unmarked vehicles shall be subject to all moving and parking ordinances. Private vehicles shall not be allowed to be parked or stored within any permitted work zone at any time. 3. Due Care. All Facilities and connections in, over, under, and upon the streets of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, and substantial condition, and in good order and repair. No facilities or portions of plants or systems shall be located within the ADA accessible path. Every effort must be made to ensure the public is protected from encroachments, tripping hazards, and any obstructions regarding the design and construction of all components of Grantee's facilities, plants, and systems. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 308 Duty to move or alter facilities.

Section 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)

Tulsa Revised Ordinances tit. 15, § 309 Indemnification of the City.

Section 309. - Indemnification of the City. A. Except as provided herein, Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees, and volunteers against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings, and judgments for damages or equitable relief arising out of the installation, construction, maintenance, or operation of facilities by Grantee; or in any way arising out of Grantee's enjoyment or exercise of the privileges granted by the City or applicable law, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by the City, other applicable law, or the terms of any grant to occupy the rights-of-way, except to the extent such damages were caused by the negligence or intentional conduct of the City or its officers, agents or authorized contractors and subcontractors. B. This indemnity provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such action, claim, suit (whether frivolous or otherwise), or proceeding, as well as the reasonable value of any services rendered by the City Attorney or City staff or employees. C. Nothing in this franchise shall be construed to waive any immunity the City enjoys under applicable law or the Oklahoma Constitution. D. Acceptance of the provisions of this section shall be a condition of all rights-of-way construction permits. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 310 Grantee's rules and regulations.

Section 310. - Grantee's rules and regulations. The Grantee shall have the right to make and enforce such reasonable rules and regulations as it may deem necessary for the extension of its facilities, the sale of its natural gas and the prudent conduct of its business, provided that such rules and regulations shall neither be in conflict with the laws of the State of Oklahoma, the orders, rules or regulations of the Corporation Commission of Oklahoma or other regulatory authority, nor with the ordinances and regulations of the City insofar as they are consistent with the jurisdiction of the Corporation Commission of Oklahoma or other regulatory authority. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 311 Maintenance and inspection of records.

Section 311. - Maintenance and inspection of records. A. Grantee shall at all times make and keep full and complete plats, maps and other records showing the location and size of all facilities comprising Grantee's system within the corporate limits of the City of Tulsa. Such plats, maps and any other records shall show the location and nature of all other works, structures, equipment and appurtenances comprising Grantee's system within the corporate limits of the City of Tulsa. Grantee shall further permit the City to inspect and audit during regular business hours the relevant books and records by Grantee in the ordinary course of business. B. After completion of construction on each project, Grantee shall provide final as-recorded construction and acquisition Facility maps, which shall be submitted to the City. Such as-recorded maps shall be based upon post-construction inspections to verify location. Copies of as-recorded maps in a digital format acceptable to the City shall be submitted to the City, unless otherwise exempted. C. Grantee agrees to make available within the corporate limits of the City of Tulsa all books, papers and records pertaining to its business carried on by it in or through the City of Tulsa, for the purpose of affording the City the opportunity to enforce the terms of this franchise and particularly to collect its franchise fee. Grantee shall further permit the City to inspect and audit during regular business hours the relevant books and records kept by Grantee in the ordinary course of business. City shall promptly notify Grantee in writing of areas newly annexed into or deannexed from the corporate limits of the City, and Grantee shall update its records for the purpose of payment of franchise fees as soon as reasonably practicable after receiving such notice. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 312 Consideration for franchise: Franchise and volumetric rate fees.

Section 312. - Consideration for franchise: Franchise and volumetric rate fees. A. In consideration for the rights and privileges enjoyed under this franchise, Grantee agrees to pay the City, as a franchise fee, a sum equal to four percent (4%) of Grantee's gross cash receipts. From this franchise fee, an amount equal to nine-tenths of one percent (0.9%) of Grantee's gross cash receipts shall be deposited by Grantor into a special revenue fund for the maintenance, repair, and improvement of Public Ways, including but not limited to right-of-way and median maintenance and enhancement; streetscaping; landscaping; street and highway lighting maintenance, repair, and replacement; sidewalks; and corridor enhancement and beautification. All sums due from Grantee shall be in lieu of all other franchise, license, or occupation taxes or fees, as well as any permit fees, lane closure fees and similar fees or charges for construction, installation, maintenance or restoration work on the Distribution System within the rights-of-way, which may be levied or attempted to be levied on Grantee by the City. B. For the purpose of determining Grantee's franchise fee for transport gas, Grantee shall pay the City a Volumetric Rate fee, which shall be the sum equal to the then-current Volumetric Rate multiplied by the number of Dth of transport gas transported or distributed through Grantee's facilities within the corporate limits of the City by Grantee or by any third-party to transport customers for consumption within the City. C. In the event a customer of Grantee does not pay a monthly bill from Grantee in full, Grantee shall prorate its payments of remissions to the City for sums due on that particular bill so that the amount actually paid by the customer to Grantee on the bill is distributed to Grantee for the natural gas commodity and transportation or distribution service and to the City for sums due on the bill in proportion to the percentage of the total bill actually paid by the customer. In the event Grantee actually collects any outstanding amounts due on a past due, unpaid or partially paid monthly bill to a customer, then Grantee shall pay Grantor its proportionate share of sums due to the City on such bill. D. All sums due from Grantee under Section 312 above shall be payable monthly on or before the 25th day of each month for the preceding calendar month. E. Grantee shall have the right to seek from the City a waiver by the City of the payment of the Volumetric Rate fee due under this franchise as follows: 1. The Volumetric Rate fee may be waived by the City only on a case-by-case basis as to specific transport customers and only when the specific transport customer meets all of the criteria for the waiver specified in this Subsection 312.E; and 2. To seek the waiver, Grantee shall file an application for the waiver with the Director of Finance on a form to be provided by the Director of Finance; and 3. Documentary evidence shall be attached to the application as required by the Director of Finance or as deemed necessary by Grantee; and 4. The Director of Finance shall review and investigate the application and advise the Grantee in writing of the Finance Director's proposed recommendation thereon within fifteen (15) business days after the filing of the application. After advising Grantee of the proposed recommendation, the Finance Director shall make a final recommendation on the application no later than twenty (20) business days after issuing the Finance Director's proposed recommendation, unless Grantee otherwise requests, with the final recommendation to be filed with the City Clerk of City and mailed to Grantee; provided, as part of the review and investigation process, the Director of Finance may request additional information or documents from Grantee as reasonably deemed necessary for Finance Director's evaluation of and recommendation on the application. When such a request is made, the Grantee shall reasonably cooperate and comply with such request and upon the failure of the Grantee to so reasonably cooperate or comply, the Finance Director may delay the processing of the recommendation until such cooperation or compliance is given; provided further, the Grantee may extend the time lines set forth in this paragraph 312.E.4; and 5. At the same time the Finance Director's recommendation is filed with the City Clerk under paragraph 312.E.4 above, the Director shall notify Grantee of the date of a proposed public hearing before the governing body on the application, which hearing shall be held within fifteen (15) business days after the recommendation of the Director of Finance is filed with the City Clerk, as provided for by paragraph 312.E.4 above. The governing body of the City shall then hold the public hearing to determine whether the waiver application shall be approved or disapproved; and 6. At the public hearing provided for in paragraph 312.E.5 above, the governing body shall review and consider the application for a waiver of the Volumetric Rate fee for Grantee in regard to transport gas delivered to the transport customer mentioned in the application and may hear additional evidence and arguments for or against the application from the Finance Director, Grantee, and/or others and shall then determine whether or not all of the following criteria have been established by Grantee: a. That the transport customer has access to a lawful, economically feasible alternative through interstate commerce for the transportation of an adequate supply of natural gas to the transport customer by way of interstate gas pipelines owned and/or operated by an interstate pipeline company (the "alternative interstate gas transportation service"); and b. That Grantee has not played any role whatever in obtaining the alternative interstate gas transportation service for the transport customer; and c. That the alternative interstate gas transportation service would be provided to the transport customer by the interstate pipeline company at a cost less than the combined cost of Grantee's transportation fee plus the Volumetric Rate fee that Grantee would pay to City under this Ordinance for natural gas or transport gas provided or delivered to the transport customer; and d. That due to the factors listed under subparagraphs 312.E.6.a. and c. above, the Grantee would lose the transport customer's business unless the Volumetric Rate fee due under this Ordinance is waived by the City; and e. That due to the factors listed in subparagraphs 312.E.6.a., c. and d. above, the City would lose all sums due and payable to it under this Ordinance by Grantee for natural gas or transport gas provided or delivered to the transport customer unless the Volumetric Rate fee due under this Ordinance is waived by the City; and f. That due to the factors listed in subparagraph 312.E.6.e. above and/or other material factors, the granting of a waiver of the Volumetric Rate fee for Grantee in regard to Transport Gas delivered to the Transport Customer is in the best interests of the City. 7. Following the hearing and determination required by paragraphs 312.E.5. and 312.E.6. above, the governing body of City shall either approve or disapprove the application for a waiver. If all criteria set forth above in subparagraphs 312.E.6.a. through f., inclusive, have been established by Grantee, then the governing body shall approve the waiver application; but otherwise the application shall be denied. If the application is denied, the governing body shall make specific findings of fact and conclusions of law based on such criteria. The final decision of the governing body on the waiver application, including the findings of fact and conclusions of law for a denial, shall be reduced to writing by the City Clerk and signed by the presiding officer of the governing body within ten (10) days of the date of the decision by the governing body, and immediately upon such signature by the presiding officer, the City Clerk shall mail a copy of the written decision to Grantee. 8. A waiver of the Volumetric Rate fee approved under this section shall be retroactive to the date of the filing of the application for waiver by Grantee, and the date of such filing shall be considered to be the effective date of the waiver for all purposes of this franchise. 9. A waiver of the Volumetric Rate fee approved hereunder shall be valid for a term of one (1) year, after which it shall lapse unless the Grantee seeks, and the governing body approves, an extension of the waiver for an additional one-year period in accordance with the terms of this Subsection 312.E. 10. Any denial by the governing body of City of an application for a waiver of the Volumetric Rate fee under this Subsection 312.E may be appealed to the district court by Grantee as provided for in Title 12 Oklahoma Statutes, Section 951. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 313 Right to renegotiate franchise (reopener).

Section 313. - Right to renegotiate franchise (reopener). A. If, after acceptance of this Ordinance, any legislation, rule, regulation, or regulatory order is enacted that significantly restructures the natural gas utility industry in a manner that affects the compensation provided to the City or paid by Grantee or rights granted to Grantee or the City, or if Tulsa's Amended Charter is amended to decrease or increase the allowable compensation for franchises, then either party, on the sixtieth month anniversary of the effective date of this franchise and every sixtieth month anniversary thereafter, may request renegotiation of the franchise by giving thirty (30) calendar days written notice to the other. B. Upon receipt of such notice to renegotiate, the parties shall endeavor to address the issue of a revised franchise and make reasonable efforts to resolve the issue. If after a period of six (6) months from receipt of said notice, the parties are unable to reach an agreement on a revised franchise, either party shall have the option, for a period of six (6) months thereafter, to terminate the franchise upon giving twelve (12) months advance written notice. C. If agreement is reached on a revised franchise between the City and Grantee, the issue of revision of the franchise shall be submitted for election by the qualified electors of the City of Tulsa in accordance with applicable laws. If a majority of the qualified electors of the City of Tulsa vote against the revision of the franchise, the franchise then in effect will continue in full force and effect until the end of the term provided for herein. D. An unsuccessful election held pursuant to the provisions of this Section shall not prevent either party from subsequently requesting renegotiation of the franchise under Subsection 313.A above if, after the unsuccessful election, any additional legislation, rule, regulation, or regulatory order is enacted that significantly restructures the natural gas utility industry in a manner that affects the compensation provided to the City or paid by Grantee or rights granted to Grantee or the City, or if Tulsa's Amended Charter is further amended to decrease or increase the allowable compensation for franchises. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 314 Election required.

Section 314. - Election required. This franchise shall not become effective until it shall be approved by a majority of the qualified electors voting thereon residing within the corporate limits of the City of Tulsa at an election called for that purpose, and a special election is hereby called for the purpose of submitting to the qualified electors residing in the City of Tulsa, the question of approval or disapproval of this Ordinance, which election shall be held on the 25th day of August 2026, between the hours prescribed by law. The Mayor of the City of Tulsa is hereby authorized and directed to issue a proper and lawful call and proclamation of such special election to be held on such date for such purpose and the executive officers of said City are hereby directed to give due and lawful notice of such election and submission of said question to the electors of said City, prescribing in the proclamation and notice of the proposition to be voted upon, the time of opening and closing the polls, the number and location of the polling places, and all other things prescribed by law, or the Ordinances of the City of Tulsa, Oklahoma. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 315 Severability.

Section 315. - Severability. If any section, sentence, clause or phrase of this Ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 316 Acceptance and effective date.

Section 316. - Acceptance and effective date. In the event this Ordinance is approved by a majority vote of said electors voting hereon at said special election, the Grantee shall file with the City Clerk of the City of Tulsa, within ten (10) business days after the official canvass of the votes and declaration by the governing body of the results thereof, a written acceptance of this franchise. This Ordinance shall become effective and operative on the date of filing of such acceptance. (Ord. No. 25782, § 1, 5-13-2026)

Tulsa Revised Ordinances tit. 15, § 317 Repealer.

Section 317. - Repealer. Ordinance No. 22415 is hereby repealed; and all ordinances and parts of ordinances in conflict herewith are hereby repealed. 2026 OKLAHOMA NATURAL GAS FRANCHISE - EXHIBIT "A" [image omitted; see the official code] (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_CH32026OKNAGACOFRFetched: 10/28/2026