As used in this chapter, the following words and phrases shall have the following meanings:
CALCULATED VALUE: The total transport gas in Decatherms (Dth) delivered to a transport gas consumer for a billing period times the settlement price to arrive at the value of the transport gas transported by grantee for that transport gas consumer.
CITY: The city of Ponca City.
CONSUMER: Any individual person, corporation, company, partnership, firm, unincorporated association, trust, municipality, or public or private entity located within the corporate limits of the city of Ponca City and served by the grantee through any use of the public ways.
DECATHERM OR Dth: A measurement of natural gas equal to one million (1,000,000) British thermal units ("Btu"), or one MMBtu, on a dry basis. Btu shall be computed on a temperature base of sixty degrees Fahrenheit (60°F) and a pressure base of 14.73 psia.
DISTRIBUTED OR DISTRIBUTION: All sales, distribution, or transportation of natural gas to any consumer or user located within the corporate limits of the city of Ponca City by the grantee or by others through grantee's distribution system.
DISTRIBUTION SYSTEM: A system of works, pipes, pipelines, apparatus, machinery, structures, appliances and appurtenances as are reasonably necessary for the transportation, distribution or sale of gas to consumers.
DOWNSTREAM UNBUNDLING: The unbundling or separation of the grantee's natural gas supply and distribution services to the residential and small commercial consumer level, as authorized by the Oklahoma corporation commission, such that persons other than grantee are selling gas to said consumers, with such natural gas distributed by grantee through its distribution system.
FRANCHISE: The rights and privileges granted by grantor to grantee under subsection 5-9-2A of this chapter.
GRANTEE: Oklahoma Natural Gas Company, a division of ONEOK, Inc., a corporation, its successors and assigns.
GRANTOR: The city of Ponca City, Oklahoma, a municipal corporation, hereinafter also referred to as "city".
GROSS RECEIPTS: Any and all compensation derived by grantee from the distribution of natural gas to a consumer for any use, including domestic, industrial and commercial purposes, and shall include, without limitation, revenues from any operation or use of any or all of the distribution system by grantee or others including, but not limited to, all fees or rentals received by grantee for the lease or use of pipeline capacity within the corporate limits of the city. Gross receipts shall not include revenues received by grantee from consumers as franchise fee reimbursement.
INSTALL, OPERATE AND MAINTAIN: To acquire, erect, construct, install, extend, repair, remove, relocate, replace, or otherwise operate and maintain.
LICENSE: The right and privilege to have one's own natural gas transported by a franchisee through the public ways of the city.
PUBLIC WAYS: Any street, alley, avenue, boulevard, lane, park, parkway, sidewalk, driveway, public right of way, and any other public ways, places, areas, or grounds within the corporate limits of the city as now constituted or as may be added or extended hereafter.
SETTLEMENT PRICE: The inside FERC first of month price for natural gas as published for the month of delivery in the "Platts Inside FERC Gas Market Report" publication, under the heading prices of spot gas delivered to pipelines, ONEOK gas transportation, LLC-Oklahoma, or a successor publication or index, or other viable index or exchange agreed on by grantor and grantee.
TRANSPORT GAS: All natural gas transported by grantee pursuant to a transportation tariff or by other agreement, but not sold by grantee, through grantee's distribution system to any consumer or user located within the corporate limits of the city.
TRANSPORT GAS CONSUMER: A consumer which uses transport gas.
TRANSPORTATION TARIFF ARRANGEMENT: Any arrangement between grantee and a consumer pursuant to which natural gas owned by any party other than the grantee shall be transported, distributed or sold through any portion of grantee's distribution system and under one of grantee's tariffs or special contract for delivery to the consumer. (Ord. 6053, 5-9-2007)