§ 1. DEFINITIONS.

 

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

"Arterial Streets"—shall mean those portions of Right-of-Way designated as arterial streets by City of Wichita Code § 11.96.100.

"Business Day"—shall mean a day which is not a Saturday, Sunday, or any day designated as a holiday by the Congress of the United State, by the State of Kansas, or by the City of Wichita.

"City"—shall mean the City of Wichita, Kansas.

"Company"—shall mean Butler Rural Electric Cooperative Assn., Inc.

"Customer" or "Consumer"—shall mean any person, firm, partnership, association, corporation, company or organization of any kind served by Company hereunder within the City.

"Downtown Area"—shall mean the area described as follows: Starting at a point on the east bank of the Arkansas River at Douglas, thence northerly along said bank of the River to Second Street; thence northeasterly to Greenway Boulevard; following said boulevard northerly to Central; following Central northeasterly to its junction with Waco; thence north on Waco to Pine, east on Pine to Market, south on Market to Central, east on Central to Washington, south on Washington to Waterman, west on Waterman to St. Francis, south on St. Francis to Kellogg, West on Kellogg to the east bank of the River; thence northerly following the east bank of the River to the point of beginning on Douglas.

"Electric Utility Service"—shall mean and include:

(i)

all sales of electricity to all Customers at retail within the corporate limits of the City;

(ii)

ancillary or unbundled electric services provided to all Customers at retail within the corporate city limits of the City when sold separately from kWh which shall include, but not be limited to:

(a)

reactive supply and voltage control,

(b)

scheduling,

(c)

system control and dispatch,

(d)

regulation and frequency response,

(e)

energy imbalance,

(f)

operating reserves,

(g)

supplemental reserves, and

(h)

spinning reserves; and

(iii)

transmission and distribution of electricity when sold separately from energy to any person located within the city limits of the City.

"Electric Utility System" or "System"—shall mean an electric power system installed and operated in the City in compliance with applicable rules and regulations of the Federal Energy Regulatory Commission (FERC) and Kansas Corporation Commission (KCC), and their successors, which shall include, but not be limited to, the generation, transmission and distribution facilities, equipment and administrative services necessary to provide electric service for any use in the City, and such extensions, additions or reductions as may hereafter be made.

"Emergency"—shall mean a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

"Facilities"—shall mean electric light and power lines, together with all necessary or desirable appurtenances, including underground conduits, poles, towers, wires and other appurtenances.

"Gross Receipts"—shall mean all revenues received by the Company from providing Electric Utility Service within the corporate limits of the City but shall not include any administrative or non-recurring charges associated with the provision of Electric Utility Service within the corporate limits of the City.

"Person"—shall mean any individual, firm, partnership, association, corporation, company or organization of any kind.

"Public Project"—shall mean any project planned or undertaken by the City or any other governmental entity for construction, reconstruction, maintenance, or repair of public facilities or improvements, including without limitation streets, alleys, sidewalks, sewer system, water system, drainage system, Right-of-Way improvement, or any other purpose of a public nature.

"Public Project for Private Development"—shall mean a Public Project, or that portion thereof, arising solely from a request or requirement of a third party primarily for the benefit and use of a third party.

"Retail Wheeling"—shall mean the use of the Company's transmission, distribution, and associated Facilities of its Electric Utility System to deliver electricity purchased by end use Customers located within the City from electric suppliers other than the Company.

"Right-of-Way"—shall mean 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, or boulevards dedicated or acquired as rights-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, easements obtained by utilities, or private easements in platted subdivisions or tracts. The term does not include property owned or held by the City that is typically not considered right-of-way, including, but not limited to, undeveloped road right-of-way in City parks, reserves and in or around City buildings.