§ 15-36. Definitions.
For the purpose of this electric power franchise agreement, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a)
City means the City of Manhattan, Kansas.
(b)
Company means Westar Energy, Inc., a Kansas corporation.
(c)
Distributed or distribution means 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.
(d)
Customer means a person, partnership, association, public or private firm, corporation or governmental agency or other entity using electric service at a stated location under a service agreement.
(e)
Facilities means all electric distribution lines, substations, works, and plants together with all necessary appurtenances located in, along, over, upon, under or through the rights-of-way.
(f)
Franchise agreement or franchise means this agreement between the city and the company.
(g)
Gross receipts means any and all compensation and other consideration derived directly by the company from any distribution of electric energy 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; except that such term shall not include revenues from any operation or use of any or all of the facilities in the rights-of-way by others nor shall such term include revenue 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.
(h)
Public improvement means any existing or contemplated facility, building, or capital improvement project, owned, occupied or used by the city, including without limitation streets, alleys, sidewalks, sewer, water, drainage, rights-of-way improvements, and public projects.
(i)
Public project means any project, or that portion thereof, planned, undertaken or financed through the city or any governmental entity for construction, reconstruction, maintenance, or repair of public improvements, or for any other purpose of a public nature or in the public interest. In designating a project as a public project, the city shall use reasonable discretion.
(j)
Private development project shall mean a project, or that portion thereof, planned, undertaken or financed by a non-governmental third party that is primarily for the benefit and use of the third party. As used herein, the term "private development project" does not include any project or portion that is a public project.
(k)
Rights-of-way means the surface and space on, above, and below every municipal street, alley, road, highway, lane or city right-of-way dedicated or commonly used now or hereafter for vehicular travel or utility purposes, including but not limited to overhead lighting facilities, and including utility easements wherein the city now or hereafter acquires the right and authority to locate or permit the location of utilities. This term shall not include any county, state or federal rights-of-way or any property owned or controlled by any person or agency other than the city, except as provided by applicable law or pursuant to an agreement between the city and any such person or agency. "Rights-of-way" shall not include property owned or leased by the city that is not typically utilized as right-of-way for laying of lines, such as city parks, city hall property, or public works facilities.
(Ord. No. 6618, § 1, 5-1-07)