§ 32-206. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings given herein:

(1)

City means the Unified Government of Wyandotte County/Kansas City, Kansas.

(2)

Entity means any individual person, governmental entity, business, corporation, partnership, firm, limited liability corporation, limited liability partnership, unincorporated association, joint venture or trust and shall include all forms of business enterprise not specifically listed herein.

(3)

Facilities means lines, pipes, mains, laterals, wires, cables, conduit, ducts, poles, towers, cabinets, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, wireless communications facilities, gas distribution system and gas distribution facilities, together with all necessary appurtenances or other equipment thereto, or any part thereof, for the purpose of providing or otherwise facilitating any service.

(4)

Franchise means the grant, right, privilege and franchise by the city to provide, distribute, transport or sell a service within the city and/or to install, construct, maintain, extend or operate facilities along, across, upon, under or within the right-of-way. The grant, right, privilege and franchise shall be in accordance with the provisions of K.S.A. 12-2001 et seq. (as may be amended) or any other applicable state law, the city's home rule power, and/or any applicable city codes.

(5)

Franchisee or grantee means any entity that has a franchise granted by the city pursuant to this chapter, K.S.A. 12-2001 et seq., as amended, any other applicable state law, and/or the city's home rule power.

(6)

Franchise fee means consideration paid in the form of a charge upon a Franchisee as prescribed in the ordinance granting the franchise. Any such franchisee fee shall be subject to any applicable provisions of federal or state law.

(7)

Gas consumer means, without limitation, any entity that receives natural gas or other energy within the city through a gas distribution system or gas distribution facilities.

(8)

Gas distribution system or gas 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 distribution or supplying natural gas or other energy for light, heat, power and all other purposes.

(9)

MCF means a measurement of natural gas equal to 1,000 cubic feet. It is assumed for purposes of this chapter that one MCF equals 1,000,000 British Thermal Units (BTUs).

(10)

Other energy means any 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, it shall not include electrical energy.

(11)

Reseller means a provider of service within the city whereby the provider purchases and resells the service of a duly authorized franchisee, but only where the duly authorized franchisee is already paying fees for the resold service under its franchise with the city. (For example, the resale of local exchange service as contemplated by K.S.A. 12-2001(n).)

(12)

Right-of-way means the area on, below or above present and future streets, alleys, bridges, parkways, or highways in which the city has a dedicated or acquired right-of-way interest in the real property. The "right-of-way" shall not include property owned by the city outside of the right-of-way.

(13)

Service means any utility, commodity or similar service provided, distributed, transported or sold to an entity by means of a delivery or distribution system that is comprised of facilities within the city, including without limitation, telecommunication, cable, broadband, internet, open video systems, wireless services, alarm systems, steam, electric, water, telegraph, data transmission, natural gas, other energy, or any other similar service.

(Ord. No. O-10-18 , § 1, 3-22-2018)