AN ORDINANCE GRANTING KANSAS CITY POWER AND LIGHT COMPANY, ITS GRANTEES, SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO CONSTRUCT AND MAINTAIN ALL WORKS AND PLANTS NECESSARY OR PROPER FOR SUPPLYING CONSUMERS WITH ELECTRIC OR OTHER ENERGY, GRANTING TO SAID COMPANY THE RIGHT TO USE THE STREETS, ALLEYS AND ALL OTHER PUBLIC PLACES IN CERTAIN PORTIONS OF THE CITY, PRESCRIBING THE TERMS OF AND RELATING TO SUCH FRANCHISE, AND REPEALING INCONSISTENT ORDINANCES OR PART THEREOF.

Section 1. In consideration of the benefits to be derived by the City and the inhabitants of the tracts from the construction, operating and maintenance of an electric light and power transmission and distribution system and the supplying of electric energy to the Public, there is hereby granted to the Company and to its successors and assigns, for the term of twenty (20) years from the effective date hereof, a Franchise and authority to construct, operate and maintain in the tracts all appropriate facilities and plants for carrying on a power and light business and all other operations connected therewith or incident thereto for the purpose of supplying the tracts with electric or other energy in such forms as may be reasonably required for domestic, commercial, industrial, municipal and other purposes and to produce and supply such energy by manufacture, generation, purchase or otherwise, and to transmit and distribute same by means of underground or overhead lines or otherwise, and for any or all of said purposes it is authorized to (i) construct, install, replace and remove conduits or other underground facilities for the installation and protection of its underground wire and cables, (ii) place poles, lamp posts, guys, and anchors for its overhead wires, cables and street lights on all streets, alleys, avenues, bridges, parks, parking and other public places or thoroughfares in the Tracts, (iii) construct, erect and maintain all buildings, machinery and attachments of any and every kind for any and all of said purposes, and (iv) enter upon any and all of said public places within the Tracts and to trim trees upon and overhanging such   places and make such excavations and thereon as may be appropriate for the construction, repair and renewal of its overhead and underground facilities and plants. The legal description of the Tracts is set forth in Exhibit A, attached hereto and made a part hereof.

Section 2. Any pavements, sidewalks or curbing taken up or any and all excavations made shall be done under the supervision and direction of the governing body of said City under all necessary permits issued for the work, and shall be made and done in such manner as to give the least inconvenience to the inhabitants of the City and the public generally, and pavements, sidewalks, curbing and excavations shall be replaced and repaired in as good condition as before with all convenient speed, all at the expense of the Company.

Section 3. During the continuance of this Franchise, the Company shall construct, maintain and operate its transmission and distribution system within the Tracts and shall furnish electric energy to the Tracts and its inhabitants in accordance with the terms of this Franchise, the rates, charges, rules and regulations now on file with the State Corporation Commission of the State of Kansas, or such revision of rates, charges, rules and regulations as may be lawfully established from time to time in accordance with the laws of the State of Kansas. Nothing contained herein shall be construed as a guarantee upon the part of the Company to furnish uninterrupted service, and interruptions due to acts of God, fire, strikes, civil or military authority, Orders of Court and other causes reasonably beyond the control of     the Company are specifically exempt from the terms of this Section.

Section 4. The company shall, at all times, in the construction, maintenance and operation of its electric transmission, distribution and street lighting system, use all reasonable and proper precautions to avoid damage or injury to persons or property, and shall hold and save harmless said City from any and all damage, injury and expense caused by the sole negligence of the Company, its successors and assigns.

Section 5. In consideration of the premises, the Company agrees to pay to the City of Osawatomie, Kansas, and the City agrees to accept as adequate compensation and consideration for the Franchise hereby granted and in Lieu of occupation, license, privilege and all other taxes and fees, four percent (4%) of the total of the gross receipts for electric energy sold by the Company to all consumers located in the Tracts during the term of this Franchise. Any consideration hereunder shall be reported and paid to the City by the Company on a semiannual basis on each March 31 and September 30 for the years in which this Franchise remains in effect reflecting such electric energy sold to customers within the Tracts for the six months’ period ending at the last meter reading preceding each February 28 and August 31, respectively. Such payments shall be rendered in cash to the City. The term “gross receipts”, as used in this Section shall not include (1) the electric energy sold to the United States or the State of Kansas or to any agency or political subdivision thereof, (2) the electrical energy sold for other use which cannot be classified as domestic, commercial, or industrial, such as the electrical energy used by public utilities, telephone, telegraph, and radio communication companies, railroads, pipe line companies, educational institutions not for profit, churches and charitable institutions and (3) the electrical energy sold for resale.

Section 6. That this Ordinance shall not take effect and be in force until after the expiration of sixty (60) days from the date of this final passage and acceptance by the Company, within said sixty (60) days, in writing; if no acceptance as hereinbefore provided has been filed, then this Ordinance shall be ipso facto, absolutely, null and void. All provisions of this Ordinance shall be binding upon the Company from and after the date this ordinance takes effect, and shall inure to the benefit of the Company, its grantees, successors and assigns.

Section 7. This Franchise is granted pursuant to the provisions of KSA 12-2001, and shall take effect and be in force as therein provided.

(5-14-1992)