A. Grantee shall not have the right to assign, sell, lease, or otherwise transfer in any manner whatsoever to any third party not affiliated with grantee the rights and privileges granted under this chapter except as hereinafter provided. Any assignment, sale, lease, or other transfer by the grantee of the franchise granted herein to any third party not affiliated with grantee shall be ineffective and void unless:
1. The proposed assignment, sale, lease or transfer shall be in writing;
2. The prospective assignee, buyer, lessee or other transferee shall agree in writing to accept and become responsible for full performance of all conditions, covenants, obligations, and liabilities contained in this chapter; and
3. Such writing shall be submitted to the city clerk of the city.
This subsection A shall not apply to any lease or other arrangement which is in compliance with the provisions of subsection B of this section.
B. Beginning ninety (90) days after the effective date hereof, neither grantee nor any other person shall enter into or continue to use any part of the public ways pursuant to any transportation tariff arrangement except as follows:
1. The person who is or would be a transport gas consumer holds a valid license from the city and timely pays the fees established in subsection 5-9-11A2 of this chapter;
2. The city manager or his designee shall issue such a license to a transport gas consumer upon the consumer completing an application therefor and agreeing to abide by the terms of this chapter and to the audit of its books to verify correct payment of the fee. Grantee shall identify each consumer of such gas and report to grantor on a monthly basis all volumes transported, distributed or sold through grantee's distribution system for delivery to such persons; and
3. Said license shall be revocable by the city manager upon ten (10) days' written notice to licensee, with the city manager authorized to adopt rules providing for due process and appeal from his/her decision.
C. In the event of downstream unbundling, grantor may in its discretion, by duly authorized ordinance or other official action, require the seller of the natural gas or the consumer of the natural gas to obtain a license permitting the gas to be transported through grantee's distribution system and/or require compensation to be paid to grantor by such persons for use of the public ways, whether based upon the value of the gas or other calculable amount. Should such ordinance or other official action authorize and/or direct grantee to collect such compensation on behalf of grantor, grantee agrees to collect such sums and submit such payments to grantor and to take such other action as may be required. (Ord. 6053, 5-9-2007)