§ 1. Definitions.  

Latest version.
  • For purposes of this franchise, the following words and phrases shall have the meanings given herein:

    "City" and "Grantor" shall mean the City of Wichita, Kansas.

    "Company" and "Grantee" shall mean Kansas Gas Service Company, a Division of ONEOK, Inc.

    "Distributed" or "Distribution" shall mean all sales, distribution, or transportation to any consumer or user within the City by the Company or by others through the Facilities of the Company in the Right-of-Way.

    "Facilities" shall mean natural gas mains, pipes, boxes, reducing and regulating stations, laterals, conduits and service extension, together with all necessary appurtenances thereto.

    "Gross receipts" shall mean any and all compensation and other consideration derived directly or indirectly by Company from any Distribution of natural gas to a consumer for any use, including domestic, commercial, and industrial purposes, and including without limitation interruptible sales and single sales; and shall include revenues from any operation or use of any or all of the Facilities in the Right-of-Way by the Company or others including without limitation charges as provided in tariffs filed and approved, and shall also include all fees or rentals received by the Company for the lease or use of pipeline capacity within the corporate limits of the City; but such term shall not include revenue from certain miscellaneous charges and accounts as set forth in the Terms and Conditions of Gas Service on file and approved, including but not limited to connection and disconnection fees, reconnection fees, customer project contributions, returned check charges, temporary service charges, and delayed or late payment charges as such terms are used in tariffs filed and approved.

    "MCF" shall mean a measurement of natural gas equal to one thousand 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 purposes of this ordinance that one MCF equals 1,000,000 British Thermal Units (BTUs).

    "Public Improvement" shall mean any existing or contemplated public facility, building, or capital improvement project, including without limitation streets, alleys, sidewalks, sewer, water, drainage, Right-of-Way improvement, and Public Projects.

    "Public Project" shall mean any project planned or undertaken by the City or any governmental entity for construction, reconstruction, maintenance, or repair of public facilities or improvements, or any other purpose of a public nature.

    "Public Project for Private Development" shall mean a Public Project, or that portion thereof, arising solely from a request or requirement of a third party primarily for the benefit and use of a third party.

    "Right-of-Way" shall mean present and future streets, alleys, rights-of-way, and public easements, including easements dedicated in plats of the City for streets, and alleys.

    "Settlement Prices" shall mean the settlement prices for natural gas futures contracts traded on the New York Mercantile Exchange (NYMEX) on the 15th day of each month or the first trading day thereafter.

    "Street Right-of-Way" shall mean the entire width between property lines of land, property or an interest therein of every way publicly maintained where any part thereof is open to the use of the public for purposes of vehicular traffic, including street, avenue, boulevard, highway, expressway, alley or any other public way for vehicular travel by whatever name.

    "Transport Gas" shall mean all natural gas transported by the Company or by others, but not sold by the Company, to any consumer or user within the City through the Facilities of the Company in the Right-of-Way.

    "Volumetric Rate" shall mean that sum measured in cents per MCF as determined by the City by ordinance or such amount as may be hereafter adjusted according to the provisions of this Section. The Volumetric Rate Calculation Form incorporated herein as Attachment A, as a sample of such calculations, shall be used for the recalculation of the Volumetric Rate. The recalculation shall be effective each January 1 and shall be based on Settlement Prices for the twelve month period beginning in July of the second preceding year and ending in June of the preceding year. For the 15th day of each month during said twelve month period, the Settlement Prices for the next twelve months will be summed and divided by twelve to determine an average Settlement Price. The average Settlement Prices for each of the twelve months shall then be summed and divided by twelve and multiplied by 5% to obtain the Volumetric Rate to be effective January 1 of the next succeeding year. The Volumetric Rate shall be calculated by the City in accordance with the procedures in this paragraph and Attachment A and filed with the City Clerk by July 31 of each year after written notice to the Company. From the effective date of this ordinance through December 31, 2008, the Volumetric Rate shall be $0.4097 per MCF. For the year beginning January 1, 2009, the Volumetric Rate shall be $0.4553 per MCF. The Volumetric Rate shall be adjusted annually thereafter pursuant to the provisions of this paragraph and Attachment A. Such annual adjustment shall not be considered an amendment to this Ordinance.