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  • (a)

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

    City as the Grantor —shall mean the City of Wichita, Kansas.

    Company as the Grantee —shall mean Kansas Gas and Electric Company, doing business as Westar Energy.

    Distributed or Distribution —shall mean all sales, distribution, or transportation by the Company or by others through the Facilities of the Company in the Right-of-Way to any consumer for use 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:


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


    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: reactive supply and voltage control; scheduling; system control and dispatch; regulation and frequency response; energy imbalance; operating reserves; supplemental reserves, and spinning reserves; and


    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.

    Facilities —shall mean all electric distribution lines, substations, works, and plants together with all necessary appurtenances thereto.

    Gross receipts —shall mean any and all compensation and other consideration derived by the Company from any Distribution of Electric Utility Service to a consumer for any use within the City, including domestic, commercial and industrial purposes, through charges as provided in tariffs filed and approved, and including without limitation interruptible sales and single sales; and all revenues from any operation or use of any or all of the Facilities in the Right-of-Way by others. Such term shall not include revenues from certain miscellaneous charges and accounts, including but not limited to delayed or late payment charges, connection and disconnection fees, reconnection fees, customer project contributions, returned check charges, and temporary service charges.

    Public Improvement —shall mean any existing or contemplated public facility, building, or capital improvement project, financed by the City, including without limitation, streets, alleys, sidewalks, sewer, water, drainage, Right-of-Way improvement, and Public Projects.

    Public Project —shall mean any project planned or undertaken and financed by the City or any governmental entity for construction, reconstruction, maintenance, or repair of public facilities or improvements, 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 (3 rd ) party that primarily benefits a third (3rd) party.

    Right-of-Way —shall mean present and developed streets, alleys, rights-of-way dedicated or acquired right-of-way interest in the real property that is developed, and public easements, including easements dedicated to the City in plats of the City for streets and alleys but not including any Utility Easement.

    Street Right-of-Way —shall mean the entire width between property lines of land, property, or an interest therein of every way publicly maintained, dedicated right-of-way where any part thereof is open to the use of the public for purposes of vehicular traffic, including street, avenue, boulevard, highway, expressway, alley, or any other public way for vehicular travel by whatever name.

    Utility Easement —shall mean an easement owned by or dedicated to the City for the purpose of providing the Company and other utilities access to customers and users of any utility service.


    Definitions maintained in the parties' prior agreement, Franchise Ordinance 45-987, shall apply to any terms of dispute that are not specifically defined herein.