§ 1. Definitions.  


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

    A.

    "City" or "Franchisor" shall mean the City of Wichita, Kansas.

    B.

    "Facilities" means any portion of a treated wastewater pipeline, associated subsurface piping, and other associated equipment located in, along, over, upon, under, or through the Right-of-Way.

    C.

    "Franchise fee" means the Linear Foot fee and fee on Gross Receipts established under this ordinance.

    D.

    "Franchisee" or "Provider" means the City of Bel Aire, Kansas, when acting as the owner, operator, or user of the Facilities franchised herein.

    E.

    "Gross receipts" means all revenue derived by Franchisee from provision or sale of treated wastewater whether at wholesale or retail within the corporate boundaries of the City.

    F.

    "Linear Foot" — means the length in feet of the Right-of-Way along which is occupied by Facilities of the Provider that are not currently used to provide treated waste water to customers on which Gross Receipts are determined.

    G.

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

    H.

    "Right-of-Way" means only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other nonwire telecommunications or broadcast service or easements obtained by utilities or private easements in platted subdivisions or tracts.