City Council Study Session Agenda and Packet 2004 10 12

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DRAFT CITY OF LOUISVILLE ORDINANCE FRANCHISE AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND PUBLIC SERVICE COMPANY OF COLORADO ARTICLE 1 DEFINITIONS §1.1 For the purpose of this franchise agreement, 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 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. • §1.2 "City" means to and is the home rule municipal corporation designated as the City of Louisville, Boulder County, Colorado. §1.3 "Company" means Public Service Company of Colorado, its affiliates and subsidiaries, and its successors and assigns approved by the City in accordance with Article 10. §1.4 "Council" or "City Council" means the legislative body of the City of Louisville, Boulder County, Colorado. §1.5 "Electric Revenues" means that portion of Revenues which the Company receives from the sale of electricity. §1.6 "Facility" or "Facilities" means all apparatuses reasonably necessary for the Company 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, wires, cables and poles. §1.7 "Party" or "Parties" means the Company and the City, either singly or collectively as the context requires. DPS \56925 \478939.02