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.
refers to the City of Grand Junction, a municipal corporation
of the State of Colorado.
refers to the legislative body of the City.
means energy produced from renewable energy resources, eligible
energy sources, and by means of advanced technologies that cost-effectively
capture and sequester carbon emissions produced as a by-product of
power generation. For purposes of this definition, cost means all those costs as determined by the PUC.
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.
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.
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 as a customer of the company.
means the decrease in energy requirements of specific customers
during any selected time period, resulting in a reduction in end-use
services.
means the decrease in energy requirements of specific customers
during any selected period with end-use services of such customers
held constant.
means the inability to undertake an obligation of this franchise
due to a cause that could not be reasonably anticipated by a party
or is beyond its reasonable control after exercise of best efforts
to perform, including but not limited to fire, strike, war, riots,
acts of governmental authority, acts of God, floods, epidemics, quarantines,
labor disputes, unavailability or shortages of materials or equipment
or failures or delays in delivery of materials. Neither the City nor
the company shall be in breach of this franchise if a failure to perform
any of the duties under this franchise is due to a force majeure condition.
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 and those amounts of money,
excluding expense reimbursements, which the company receives from
the use of company facilities in streets and other public places (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.
refers to the surface, the air space above the surface and
the area below the surface of any property owned or controlled by
the City or hereafter held by the City, that would not otherwise fall
under the definition of streets, but which provides
a suitable location for the placement of company facilities as specifically
approved in writing by the City.
refers to any project which is not covered by the definition
of public project.
refers to (1) any public work or improvement within the City
that is wholly or beneficially owned by the City; or (2) any public
work or improvement within the City where 50 percent or more of the
funding is provided by any combination of the City, the federal government,
the State of Colorado, or any Colorado county, but excluding all entities
established under Title 32 of the Colorado Revised Statutes.
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.
refers to any easement over, under, or above public or private
property, dedicated to the use of public utility companies for the
placement of utility facilities, including but not limited to company
facilities. Public utility easement shall not include
any easement that is located within streets or other city property.
means wind; solar; geothermal; biomass from nontoxic plant
matter consisting of agricultural crops or their byproducts, urban
wood waste, mill residue, slash, or brush, or from animal wastes and
products of animal wastes, or from methane produced at landfills or
as a by-product of the treatment of wastewater residuals; new hydroelectricity
with a nameplate rating of 10 megawatts or less, and hydroelectricity
in existence on January 1, 2005, with a nameplate rating of 30 megawatts
or less; fuel cells using hydrogen derived from a renewable energy
resource; and recycled energy produced by a generation unit with a
nameplate capacity of not more than 15 megawatts that converts the
otherwise lost energy from the heat from exhaust stacks or pipes to
electricity and that does not combust additional fossil fuel, and
includes any eligible renewable energy resource as defined in § 40-2-124(1)(a), C.R.S., as the same shall be amended from time to time.
refers 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.
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 (excluding any easements the
terms of which do not permit the use thereof by public utilities),
and other public rights-of-way within the City, which are primarily
used for vehicle traffic. Streets shall not include
public utility easements.
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.
refer to those tariffs of the company on file and in effect
with the PUC.
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.
