AN ORDINANCE GRANTING KANSAS CITY POWER & LIGHT COMPANY, ITS GRANTEES, SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO CONSTRUCT AND MAINTAIN ALL FACILITIES NECESSARY OR PROPER FOR SUPPLYING CONSUMERS WITH ELECTRIC ENERGY, GRANTING TO SAID COMPANY THE RIGHT TO USE THE STREET, ALLEYS AND THOROUGHFARES, PROVIDING FOR COMPENSATION FROM SUCH COMPANY FOR SAID RIGHT AND FRANCHISE, PRESCRIBING THE TERMS OF AND RELATING TO SUCH FRANCHISE, AND AMENDING ORDINANCE 72-A

WHEREAS, Kansas City Power & Light Company (herein called the Company) is a corporation duly organized and existing under and by virtue of the laws of the State of Missouri, and admitted to do business under the laws of the State of Kansas as a foreign corporation for the purposes of generating and distributing electric energy; and

WHEREAS, the Company is operating a system for the transmission of electric current between 1wo or more incorporated cities in the State of Kansas and “has heretofore built, or proposed to build, its transmission lines into or through the City of Lane, Kansas (herein called the City), under a twenty (20) year Franchise Ordinance with the City of Lane, to wit, Ordinance No. 72-A, which expires in 2007, and

WHEREAS, the parties hereto desire that the Company continue furnishing electric energy to consumers in said City and desire that the current Franchise be amended.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LANE, KANSAS:

Section VI of Ordinance 72-A is hereby amended as of the defective date of this Ordinance by replacing Section VI with the following:

SECTION VI: In consideration of the premises, the Company agrees to pay to the City of Lane, 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, five percent (5 %) of the total of the gross receipts for electric energy sold by the Company to all consumers 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 June 30 and December 31 for the years in which this Franchise remains in effect, ret1ecting such electric energy sold to customers for the six months’ period ending at the last meter reading preceding each May 31 and November 30 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 electrical 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, ai1d radio communication companies, railroads, pipe line companies, educational institutions not operating for profit, churches and charitable institutions and (3) the electrical energy sold for resale.

Except as specifically amended herein, Ordinance No. 72-A shall continue in full force and effect.

(8/3/1992)