§ 18-386. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Consumer or user means, without limitation, any individual person, business, corporation, company, partnership, firm, limited liability corporation, limited liability partnership, unincorporated association, joint venture, trust, municipality, or public corporation served by a franchised entity or provider through a distribution system.

Distribution system or distribution facilities means a pipeline or system of pipelines, including without limitation mains, pipes, boxes, reducing and regulating stations, laterals, conduits, and service extensions, together with all necessary appurtenances thereto, or any part thereof, for the purpose of supplying natural gas or other energy for light, heat, power, and all other purposes.

Franchised entity means any entity that has a franchise granted by the city for the supplying of natural gas under the procedures and provisions of K.S.A. 12-2001 et seq., as amended; such entity at the effective date of the ordinance from which this division is derived is Kansas Gas Service Company, a division of Oneok, Inc.

Gross receipts.

(1)

Gross receipts means any and all compensation and other consideration derived directly or indirectly by the provider from:

a.

Transportation, distribution, or sale of natural gas to a consumer for any use, including domestic, commercial, and industrial purposes, and including without limitation interruptible, single, and firm sales; and

b.

Operation or use of any or all of the distribution facilities in the public right-of-way by the provider or others including without limitation charges as provided in tariffs filed and approved, and shall also include all fees or rentals received by the provider for the lease or use of pipeline capacity within the corporate limits of the city.

(2)

Gross receipts shall not include:

a.

Connection and disconnection fees, re-connection fees, returned check charges, temporary service charges, and delayed or late payment charges as such terms are used in tariffs or in the natural gas industry;

b.

Compensation from the sale of natural gas when:

1.

The customer purchases the natural gas as a separate and identifiable commodity that is not subject to a regulated tariff rate; and

2.

On which the volumetric rate is applied; or

c.

Compensation from the sale of natural gas when a franchise fee has been paid by another franchised entity on the same transaction.

MCF means a measurement of natural gas equal to 1,00 cubic feet; a cubic foot is the quantity of natural gas occupying one cubic foot of space at a pressure of 14.73 PSIA and a temperature of 60 degrees Fahrenheit. It is assumed for the purposes of this division that one MCF is equal to 1,000,000 British Thermal Units (BTUs).

Other energy means energy provided in gaseous, liquid, or slurry mixture form through pipelines for light, heat, power, and all other purposes as an alternative to or replacement for natural gas, but specifically shall not include electrical energy.

Provider means any business, including any individual person, business, corporation, company, partnership, firm, limited liability corporation, limited liability partnership, unincorporated association, joint venture, trust, municipality, or public corporation providing the transportation, distribution, or sale of natural gas or other energy to a consumer, whether through its own distribution system, the distribution system of a franchised entity, or through the distribution system of another, and shall also include a consumer transporting natural gas or other energy for its own use.

Public right-of-way means any and all present and future streets, alleys, rights-of-way, and public easements, whether platted or otherwise dedicated, and located within the city.

Settlement price means the settlement prices for natural gas futures contracts traded on the New York Mercantile Exchange on the 15th day of each month as published daily in the Wall Street Journal on the following business day (or the next day on which a settlement price is published).

Volumetric rate means $0.112 per MG, or such amount as may be hereafter calculated and filed with the city clerk according to the provisions of this division.

(Prior Code(2), § 19.05.020; Ord. No. 3856, § 1, 4-4-2000)