For the purpose of §§ 13-4-9-1 et seq., 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.
AUTHORITY. The Albuquerque-Bernalillo County Water Utility Authority as established by Section 72-1-10 NMSA 1978 (2003 Supp.) (as amended Laws 2005, Chapter 345) or successor statute.
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 the Authority such as pipes, hydrants, wells, systems, lift stations, manholes, tanks, reservoirs, 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 the Authority from the sale of water or provision of wastewater to its customers within the limits of the City, as those limits may be extended from time to time including the value of the water and wastewater served and consumed by the Authority in the City. GROSS REVENUE shall not include amounts received by the Authority as a tax, fee or assessment of general applicability collected by the Authority for pass-through to another governmental agency, reimbursements from third parties for expenses, bad debts written off, revenue received by the Authority upon which the City already collects a franchise fee from another utility, 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 the Authority at the time of the extension.
MAYOR. The Mayor of the City of Albuquerque or his/her designated representative.
MEMORANDUM OF UNDERSTANDING. That Memorandum of Understanding dated January 21,
2004, as amended April 7, 2004, and any subsequent amendments thereto, between the City, the County of Bernalillo and the Authority and entered into for the purpose, among other things, of adopting certain City policies and procedures and recognizing the City's continued management and operation of the facilities for the time period set out in the Memorandum of Understanding ("MOU").
PUBLIC PLACE. Any properties that are owned or under the control of the City that are not rights-of-way but may be dedicated for public use, including but not limited to, buildings and parks.
REASONABLE ATTORNEY FEES. Charges for legal representation as may be incurred by the City or the Authority.
RIGHTS-OF-WAY. The surface of and the space above and below any street, road, avenue, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, platted or other public utility easement, right- of-way or other easement, excluding railroad rights-of- way, parks and airport property, of the City now or hereafter existing within or owned by the City which may be properly used for water and wastewater systems. To the extent the Authority occupies an easement granted by the City to the Authority on any public place that permits use and occupation of such public place, the terms and conditions of that easement shall govern and control the Authority's occupation thereof.
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.
WASTEWATER. Residential, multi-family, commercial, industrial, institutional and wholesale- special contracts wastewater, systems and services.
WATER. Residential, multi-family, commercial, industrial and institutional water, systems and services.
(Ord. 27-2006)