§ 5-2-10. Definitions.

For the purpose of this franchise, the following words and phrases shall have the meaning given in this article. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning.

"Board" or "Town Board" refers to, and is, the legislative body of the Town.

"Association" refers to, and is, Poudre Valley Rural Electric Association, Inc. and its successors and assigned, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest.

"Distribution facilities" refers to, and is, only that portion of the Association's electric system which delivers electric energy from the substation breakers to the point-of-delivery of the customer, including all devices connected to that system.

"Facilities" refers to, and are, all facilities reasonably necessary to provide electricity into, within and through the Town and include plants, works, systems, substations, transmission and distribution structures, lines, equipment, mains, conduit, transformers, underground lines, meters, wires, cables and poles.

"Public Easements" refers to, and are, public and dedicated easements created and available for use by investor-owned, cooperative or other public utilities for their facilities.

"Public Utilities Commission" or "PUC" refers to, and is, the Public Utilities Commission of the State of Colorado, or other authority, including the board of directors of the Association succeeding to the regulatory powers of the Public Utilities Commission.

"Residents" refers to, and includes, all persons, businesses, industry, governmental agencies and any other entity whatsoever presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the Town.

"Revenues" refers to, and are, those amounts of money which the Association receives from its customers within the Town from the sale of electricity under rates authorized by the Association's board of directors to its customers within the Town and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncollectible accounts, correction or other regulatory adjustments.

"Town" refers to, and is, the municipal corporation designated as the Town of Wellington, Larimer County, Colorado, and includes the territory as currently is, or may in the future, be included within the boundaries of the Town of Wellington.

"Streets and other public places" refers to, and are, streets, alleys, viaducts, bridges, roads, lanes and other public places in said Town.

(Ord. No. 13-2009 , Art. 1, 12-8-09)