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DRAFT CITY OF LOUISVILLE ORDINANCE <br />§1.8 "Public Utilities Commission" or "PUC" means the Public Utilities Commission of the <br />State of Colorado or other state agency succeeding to the regulatory powers of the Public <br />Utilities Commission. <br />§1.9 "Residents" means all persons, businesses, industry, governmental agencies, and any <br />other entity whatsoever, presently located or hereinafter to be located, in whole or in part, <br />within the territorial boundaries of the City. <br />§1.10 "Revenues" means those amounts of money which the Company receives from Residents <br />from the sale of gas and electricity under rates authorized by the Public Utilities <br />Commission as well as from the transportation of gas to Residents and represents <br />amounts billed under such rates as adjusted for refunds, net write -off of uncollectible <br />accounts, corrections or regulatory adjustments. Regulatory adjustments refer to, by way <br />of explanation, but not limitation, credits, surcharges, refunds and pro -forma adjustments <br />pursuant to federal or state regulation. <br />§1.11 "Streets" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public <br />rights -of -way in the City which are used primarily for motorized vehicle traffic, excluding <br />any easements the terms of which do not permit the use thereof by the Company. <br />"Streets" shall also include other public places within the City that are suitable locations <br />for the placement of Facilities as specifically approved by the City in writing for the <br />Company's use. <br />ARTICLE 2 <br />GRANT OF FRANCHISE <br />§2.1 Grant of Franchise. The City hereby grants to the Company the right to use the Streets <br />within the City to furnish, sell, transmit, transport and distribute gas and electricity to the <br />City and to all Residents of the City. The City also hereby grants to the Company the <br />right to acquire, construct, install, locate, maintain, operate and extend into, within and <br />DPS \56925 \478939.02 <br />-2- <br />