For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given in this section. 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 section shall be given their common and ordinary meaning.
CITY. The City of Albuquerque, a municipal corporation of the State of New Mexico.
COUNCIL. The legislative body of the City of Albuquerque sometimes referred to as "City Council".
DIRECTOR. The Director of the Department of Municipal Development of the City of Albuquerque or his or her designee.
FACILITIES. Are and include, but are not limited to, plant, works, systems, improvements and equipment of NMUI such as pipes, hydrants, systems, manholes, underground links, meters, pumping equipment and sewer mains.
FRANCHISE. The authorization granted herein to use Rights-of-way to construct, operate, and maintain water and wastewater systems in the city or any portion or portions thereof.
GROSS REVENUE. Includes any and all revenue received by NMUI for the use of or access to NMUI's facilities located on the city's rights-of-way plus all revenue derived by NMUI from the sale of water or wastewater service to its customers within the limits of the city, as those limits may be extended from time to time including the value of water and wastewater served and consumed by NMUI in the city. GROSS REVENUE shall not include amounts received by NMUI as a tax, fee or assessment of general applicability collected by NMUI for pass-through to another governmental agency, reimbursements from third parties for expenses, bad debt, utility expansion charges or to refunds or credits. The gross revenue shall be measured and monitored periodically as set out below.
LINE EXTENSION. Any extension of distribution, transmission or collection facilities into areas within the boundaries of the city not then served by NMUI.
MAYOR. The Mayor of the City of Albuquerque or his/her designated representative.
PUBLIC PROPERTY. Any property that is owned or under the control of the city that is not a public right- of-way but may be dedicated for public use or travel, including but not limited to, buildings and parks.
RIGHTS-OF-WAY. The surface of and the space below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, or right-of-way or easement primarily dedicated to travel, excluding railroad rights-of-way, parks and airport property, now or hereafter existing within the city which may be properly used for the purpose of installing, maintaining, and operating the water and wastewater systems. To the extent that NMUI holds an easement granted by the city on any public property that permits use and occupation of such property, the terms and conditions of that easement shall govern and control the subject property.
STORM DRAINAGE FACILITIES. Includes all city owned channels (lined or unlined), pipe, manholes, inlets, and all other structures that handle storm run-off.
TREASURER. The Treasurer of the City of Albuquerque.
(Ord. 1-1994; Am. Ord. 32-2007)