Unless the context specifically indicates otherwise, the following terms, as used in this chapter, shall have the meanings hereinafter designated:
BUSINESS CONTRACTS: All contracts or agreements by Utilities for purchase or sale of goods and services except contracts or agreements involving purchase or sale of any interest in real estate.
BYPASS OR BYPASSING: Any wire, cord, socket, motor or other instrument, device or contrivance connected to the electric supply system or any part thereof or to any other customer's or user's electric system in such a manner as to transmit, supply or use any electricity, natural gas, water or wastewater without passing through the authorized meter for measuring or registering the amount of electricity consumed at the receiving premises.
CHAPTER OR THIS CHAPTER: Chapter 12 of this Code of the City of Colorado Springs.
CHIEF EXECUTIVE OFFICER: The Chief Executive Officer of Colorado Springs Utilities employed by the Utilities Board pursuant to City Charter section 6-10, or the Chief Executive Officer's designee.
CITY: The City of Colorado Springs, County of El Paso, State of Colorado.
COLORADO SPRINGS UTILITIES OR CSU: The Utilities of the City of Colorado Springs created and operated as an enterprise pursuant to article VI of the City Charter.
CUSTOMER: The person or authorized agent of the person designated on the records of the Utilities as the person responsible for payment of charges incurred for the use of the utility supply system of the City at the premises being served.
ELECTRIC SUPPLY SYSTEM OR ELECTRIC SYSTEM:
A. Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the production, generation, transmission, distribution or regulation of electricity, including, but not limited to, electric lines, service lines, transformers, electric poles, meters, electric generation plants and substations;
B. Any and all rights, property and obligations of the City or Utilities concerning electricity and electric production, transmission and distribution facilities;
C. Any and all standby or contingency equipment, facilities, devices or materials which may be necessary to provide reliable electric service;
D. Any and all land or sites owned by the City or used by Utilities for the purpose of generating electricity and/or providing electric service to users, including any and all substations, easements and rights-of-way; and
E. Any and all appurtenances, extensions, improvements, additions, alterations or replacements thereof.
ENTERPRISE: A government owned business authorized to issue its own revenue bonds and receiving under ten percent (10%) of annual revenue in grants from all Colorado State and local governments combined (Colorado Constitution article X, section 20). A City owned business receiving over seventy five percent (75%) of annual nondebt revenue from nongovernmental sources 1 .
HAZARDOUS CONDITION: A condition which, in the judgment of Utilities, poses a threat to life, health or safety of any person, or which may result in damage to property. Hazardous condition includes any unsafe condition or dangerous condition.
NATURAL GAS SUPPLY SYSTEM OR NATURAL GAS SYSTEM:
A. Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the production, distribution or regulation of natural gas, including, but not limited to, natural gas main lines, service lines, regulators, meter set, valves and associated appurtenances;
B. Any and all rights, property and obligations of the City or Utilities concerning natural gas distribution facilities;
C. Any and all standby or contingency equipment, facilities, devices or materials which may be necessary to provide reliable natural gas service including the propane air plant;
D. Any and all land or sites owned by the City or used by Utilities for the purpose of measuring and regulating natural gas and/or providing natural gas service to users, including any and all other facilities, easements and rights-of-way used by Utilities to provide natural gas utility service; and
E. Any and all appurtenances, extensions, improvements, additions, alterations or replacements thereof.
PUC: The Public Utilities Commission of the State of Colorado as established by and organized and operated pursuant to title 40 of the Colorado Revised Statutes, as the same may be now or hereafter amended.
PERSON: Any individual, firm, company, partnership, corporation, association, group or society and includes the United States and the State of Colorado and agencies, districts, commissions and political subdivisions created by or pursuant to State or Federal law.
PREMISES: A lot, parcel of land, building or establishment. For the purpose of this chapter, premises shall also include the point of connection between the water supply system and another public water supply system.
SERVICE STANDARDS AND SPECIFICATIONS: A regulation promulgated by the Chief Executive Officer or the Chief Executive Officer's designee as authorized by subsection 12.1.110B of this article.
SUBTERFUGE: Any means by which service is attained or liability escaped by deception or concealment.
TAMPER OR TAMPERING: Damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of electricity, natural gas, water or wastewater passing through the meter.
UNAUTHORIZED METERING: Removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for electric, natural gas, water or wastewater service by a person other than an authorized employee of the Utilities.
USER: Any person who uses, takes service from, receives benefit of service supplied, or is connected to the utility supply system. User includes commercial users, residential users, and public users as defined below.
Commercial User: Any person whose use of the utility supply system is in connection with the operation of a business, trade or occupation, whether or not for profit, or any other non- single-family residential purpose. The persons shall include but shall not be limited to homeowners' associations, clubs, fraternities, sororities, lodges, hotels, apartment and rooming houses, tourist camps and cottages, multi-family dwellings where more than one dwelling unit is served through one meter, all common areas of multi-family dwellings when separately metered, schools, military facilities, industrial facilities, governmental buildings and churches.
Public User: The owner or operator of a public water supply system that is connected to the water supply system.
Residential User: Any person whose use of the utility supply system is exclusively for domestic purposes in a private home or individual dwelling unit where not more than one dwelling unit is served through one meter. Each person of full legal age who resides at the premises shall be deemed to have received benefit of utility services supplied and shall be liable to Utilities for payment, whether or not service is listed in that person's name.
UTILITIES: The Utilities of the City of Colorado Springs created and operated as an enterprise pursuant to article VI of the City Charter, hereinafter sometimes referred to as "Colorado Springs Utilities" or "CSU".
UTILITIES BOARD: The City Council serving as the Board of Directors for Utilities pursuant to City Charter section 6-40.
UTILITIES ENTERPRISE POLICIES: Regulations promulgated by the Chief Executive Officer for internal administration of Utilities as authorized by subsection 12.1.110A of this article.
UTILITY: Electrical systems, natural gas systems, water systems, wastewater systems and the other systems designated by Council, including the acquisition, erection, construction, operation or maintenance by CSU.
UTILITY SERVICE: The provision of regulated electric, natural gas, water or wastewater service by Colorado Springs Utilities to users or customers.
UTILITY SUPPLY SYSTEM OR UTILITY SYSTEM:
A. Any and all rights, property and obligations of the City concerning Utilities;
B. Any and all devices, facilities, structures, equipment or works owned by the City or used by CSU for the purpose of supplying utility service;
C. Any and all standby or contingency equipment, facilities or material which may be necessary to provide reliable utility service;
D. Any and all land or sites owned by the City or used by CSU for the purpose of providing utility services to user; and
E. Any and all extensions, improvements, additions, alterations or remodeling thereof.
WASTEWATER TREATMENT SYSTEM OR WASTEWATER SYSTEM:
A. Any devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, collection lines, pumping, power and other equipment, and their appurtenances and excluding service lines;
B. Extensions, improvements, additions, alterations or any remodeling thereof;
C. Elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and
D. Any works, including the land and sites that may be acquired, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from the treatment.
E. It does not include the stormwater drainage system, a separate Municipal operation which is not part of Utilities.
WATER SUPPLY SYSTEM OR WATER SYSTEM:
A. Any and all rights, property and obligations of the City concerning water and water supply facilities, including nonpotable water and nonpotable water supply facilities;
B. Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the collection, storage, transmission, treatment, regulation or distribution of potable and nonpotable water, including distribution mains, pumping facilities, metering facilities, pressure regulations facilities and their appurtenances and excluding service lines;
C. Any and all standby or contingency equipment, facilities or material which may be necessary to provide reliable water service;
D. Any and all devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the transmission, storage, treatment or distribution of potable and nonpotable water, including treatment plants, pumping facilities, reservoirs, transmission lines and their appurtenances;
E. Any and all land or sites owned by the City or used by Utilities, for the purpose of providing potable or nonpotable water to users including streams or other waters which contribute to the water supply of the City and any area in or along the waters or within five (5) miles upgrade of any point from which water is taken by the City, and any and all watershed areas; and
F. Any and all extensions, improvements, additions, alterations or remodeling thereof. (Ord. 98-173; Ord. 01-42; Ord. 08-44; Ord. 17-42; Ord. 18-42)
Notes
| 1 | 1. See City Charter subsection 7-90(b)(5). |