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For the purpose of this franchise, the following words and phrases shall have the meaning given in this Article. When not inconsistent with context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and "may" is permissive. Words not defined in this Article shall be given their common and ordinary meaning. §1.1 "City" refers to the City of Sterling, a municipal corporation of the State of Colorado. §1.2 "City Council" or "Council" refers to the legislative body of the City. §1.3 "Company" refers to Public Service Company of Colorado d/b/a Xcel Energy and its successors and assigns including affiliates or subsidiaries that undertake to perform any of the obligations under this franchise. §1.4 "Company Facilities" refer to all facilities of the Company reasonably necessary to provide gas and electric service into, within and through the City, including but not limited to plants, works, systems, substations, transmission and distribution structures, lines, equipment, pipes, mains, conduit, transformers, underground lines, gas compressors, meters, meter reading devices, communication and data transfer equipment, control equipment, gas regulator stations, street lights, wire, cables and poles. §1.5 "Electric Gross Revenues" refers to those amounts of money which the Company receives from the sale or delivery of electricity in the City, after adjusting for refunds, net write-offs of uncollectible accounts, corrections, or regulatory adjustments. Regulatory adjustments include, but are not limited to, credits, surcharges, refunds, and pro-forma adjustments pursuant to federal or state regulation. "Electric Gross Revenues" shall exclude any revenue for the sale or delivery of electricity to the City. §1.6 "Gross Revenues" refers to those amounts of money which the Company receives from the sale of gas and electricity within the City under rates authorized by the Public Utilities Commission, as well as from the transportation of gas to its customers within the City (unless otherwise preempted by applicable federal or state law), as adjusted for refunds, net write-offs of uncollectible accounts, corrections, or regulatory adjustments. Regulatory adjustments include, but are not limited to, credits, surcharges, refunds, and pro-forma adjustments pursuant to federal or state regulation. "Gross Revenues" shall exclude any revenues from the sale of gas or electricity to the City or the transportation of gas to the City. §1.7 "Private Project" refers to any project which is not covered by the definition of Public Project. §1.8 "Public Project" refers to (1) any public work or improvement within the City that is wholly owned or wholly funded by the City; (2) any public work or improvement within the City where fifty percent (50%) or more of the funding is provided by any combination of the City, the federal government, the State of Colorado, the Regional Transportation District, or any Colorado county; and (3) any public work or improvement within the City where fifty percent (50%) or more of the funding is provided by special districts that in the reasonable exercise of their legal authority are the sole providers within specified areas of the City of water, sewer, and/or water and sewer service, and only to the extent the project at issue involves water, sewer, and/or water and sewer facilities, but excluding all other entities established under Title 32 of the Colorado Revised Statutes. §1.9 "Public Utilities Commission" or "PUC" refers to the Public Utilities Commission of the State of Colorado or other state agency succeeding to the regulatory powers of the Public Utilities Commission. §1.10 "Public Utility Easement" refers to any easement over, under, or above public or private property, lawfully acquired by or dedicated to the use of the Company, its predecessors in interest, or other public utility companies for the placement of public utility facilities, including but not limited to Company Facilities. §1.11 "Residents" refer to all persons, businesses, industries, governmental agencies, including the City, and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the City. §1.12 "Streets" or "City Streets" refers to the surface, the air space above the surface and the area below the surface of any City dedicated streets, alleys, bridges, roads, lanes, public easements, and other public rights-of-way within the City. Streets shall also include other public places within the City that are suitable locations for the placement of Company Facilities as specifically approved in writing by the City. Streets shall not include Public Utility Easements. §1.13 "Supporting Documentation" refers to all information reasonably required in order to allow the Company to design and construct any work performed under the provisions of this franchise. Supporting Documentation may include, but is not limited to, construction plans, a description of known environmental issues, the identification of critical right of way or easement issues, the final recorded plat for the property, the date the site will be ready for the Company to begin construction, the date electric service and meter set are needed, the date gas service and meter set are needed, and the name and contact information for the City's project manager. §1.14 "Tariffs" refer to those tariffs of the Company on file and in effect with the PUC. §1.15 "Utility Service" refers to the sale of gas or electricity to Residents by the Company under rates approved by the PUC, as well as the delivery of gas to Residents by the Company. |