§ 3.01.110. Natural gas—Definitions.

As used in Sections 3.01.120 through 3.01.200, the following terms are defined in this section:

"City" means the City of Wichita, Kansas.

"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 services 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 of Wichita for the supplying of natural gas under the procedures and provisions of K.S.A. 12-2001, et seq., as amended; such entities at the effective date of the ordinance codified in Sections 3.01.110 through 3.01.200 are Peoples Natural Gas Company as the assign of Arkansas-Louisiana Gas Company (Ordinance No. 38-076) and Kansas Gas Service Company, a Division of ONEOK, Inc., as the assign of Gas Service Company (Ordinance No. 38-075).

"Gross receipts" means:

(a)

Any and all compensation and other consideration derived directly or indirectly by the provider from:

(1)

Any 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

(2)

Any 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.

(b)

Except that "gross receipts" shall not include:

(1)

Connection and disconnection fees, reconnection 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;

(2)

Compensation from the sale of natural gas when:

(A)

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

(B)

On which the volumetric rate is applied; or

(3)

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 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 sixty degrees Fahrenheit. It is assumed for purposes of Sections 3.01.110 through 3.01.200 that one MCF equals one million British Thermal Units (BTUs).

"Other energy" means energy provided in a gaseous, liquid, or slurry mixture form through pipelines for light, heat, power, and all other purposes as an alternative 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 present and future streets, alleys, rights-of-way, and public easements, including easements dedicated in plats of the City of Wichita for streets and alleys.

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

"Volumetric rate" means eleven and nine-tenths cents (11.9 ¢) per MCF, or such amount as may be hereafter calculated and filed with the city clerk according to the provisions of Sections 3.01.110 through 3.01.200.

(Ord. No. 43-969 § 1)