Division 2. Transportation, Distribution and Sale of Natural Gas or Other Energy Through Pipelines or Distribution Systems
Sec. 1. Definitions.
“City” shall mean the City of Topeka, Kansas.
“Consumer” or “user” shall mean, 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” shall mean 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.
“Franchise entity” shall mean any entity that has a franchise granted by the City for 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 this Ordinance is Kansas Gas Service, a Division of ONEOK, Inc., as the assign of Gas Service Company.
“Gross receipts” shall mean
(1) Any and all compensation and other consideration derived directly or indirectly by the Provider from:
(a) 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
(b) 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 rental received by the Provider for the lease or use of pipeline capacity within the corporate limits of the City.
(2) Except the Gross receipts shall not include:
(a) 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; and
(b) Compensation from the sale of natural gas when:
(i) The Customer purchases the natural gas as a separate and identifiable commodity that is not subject to a regulated tariff rate; and
(ii) 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” shall mean a measurement of natural gas equal to one thousand (1,000) cubic feet. It is assumed for purposes of this Ordinance that one MCF equals one million (1,000,000) British Thermal Units (BTUs).
“Other energy” shall mean 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.
“Provider” shall mean 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” 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 fifteenth (15th) day of each month as published daily in the Wall Street Journal (WSJ) on the following business day (or the next day in which a Settlement Price is published).
“Volumetric rate” shall mean $0.2374 per MCF, or such amount as may be hereafter calculated and filed with the City Clerk according to the provisions of this Ordinance. (Ord. 18296 § 1, 7-20-04.)