A. The Utilities shall, to the maximum extent of its capabilities and consistent with its purposes, be the sole and exclusive provider of electric, natural gas, water and wastewater utility services within the corporate limits of the City.
1. Exceptions:
a. Strategic Exception: An exception to this section may be granted for a property if Utilities Board determines it is in the best interest of Utilities to grant such an exception.
b. Legal Exception: An exception to this section may be granted for a property if Utilities Board determines that providing one or more utility service(s) may result in (1) potential breach of contract; (2) violation of federal, state or local law by Utilities or the City; or (3) the provision of such service(s) is inconsistent with the terms of existing contracts or the federal, state or local law.
2. Criteria: An exception under subsection A1 may only be granted if:
a. The Chief Executive Officer recommends approval of the proposed exception based on the following evaluations demonstrating a net benefit to Utilities:
(1) Financial analysis of the proposed exception conducted by or under the direction of Utilities' staff.
(2) Risk analysis of the proposed exception conducted by or under the direction of Utilities' staff with support from the City Attorney's Office.
(3) Demonstration from the property owner that the property can receive or does not have a need for the excluded utility service(s) independent of Utilities.
b. Additionally for an exception granted under subsection A1a, the proposed exception must support one or more current Utilities Board directives or instructions.
3. Approval of an exception under this subsection shall be subject to the following conditions:
a. Notice of the exception will be recorded against the property in the real property records of the El Paso County, Colorado, Clerk and Recorder.
b. The property owner must enter into an agreement with Utilities that sets out the terms and conditions of the exception, including the following:
(1) Whether the property must connect to Utilities' system(s) and terminate service by the other utility service provider(s) if (i) Utilities determines that it is in the best interest of Utilities to serve the property; and (ii) Utilities has the ability to provide service to the property.
(2) Whether the property must design and install new utility infrastructure in accordance with the then-existing Utilities Rules and Regulations and Line Extension and Service Standards.
(3) If the property must connect to Utilities' system(s), whether the property must comply with all requirements of the Utilities Rules and Regulations and Line Extension and Service Standards to connect to Utilities' system(s), including payment of any applicable development charges before building permits may be issued or the applicable utility service may be provided to the property by Utilities.
c. Utilities may require an agreement with the other utility service provider(s) providing service to a property prior to granting an exception under this subsection.
B. Except as otherwise provided in this chapter, it shall be unlawful to furnish or offer to furnish to any property in the City any electrical, natural gas, water or wastewater service, or to accept the service from any entity other than the City.
C. Each day that any violation of these provisions continues shall constitute a separate offense.
D. Electric utility service may be provided within the corporate limits of the City:
1. By an owner or operator of solar generating equipment: a) that is located on the property of the consumer of the electric service, and b) that is sized to supply no more than one hundred twenty percent (120%) of the average annual electric consumption of the consumer at that site. The measurement of the average annual consumption of the consumer of electricity at the site of the solar generating equipment may include any electric consumption utilized in alternative fuel vehicle recharging at the time of the installation of the solar generating equipment.
2. By the seller of electricity for use as fuel in alternative fuel vehicles so long as the electricity was initially purchased from Utilities and the seller has given notice to Utilities of the resale. An "alternative fuel vehicle" for purposes of this subsection means any automobile, truck, motor bus, boat, airplane, train, tractor, or other type of motorized off highway equipment or other self-propelled device or vessel that is capable of moving itself or being moved from place to place utilizing electricity, or a combination of electricity and natural gas or other fossil fuel, as transportation fuel whether or not the vehicle is used in agricultural, commercial, domestic, or industrial operations.
E. Natural gas utility service may be provided within the corporate limits of the City by the seller of natural gas for use as fuel in alternative fuel vehicles so long as the natural gas was initially purchased from Utilities or transported by Utilities, and the seller has given notice to Utilities of the resale or transport activity. An "alternative fuel vehicle" for purposes of this subsection means any automobile, truck, motor bus, boat, airplane, train, tractor, or other type of motorized off highway equipment or other self-propelled device or vessel that is capable of moving itself or being moved from place to place utilizing natural gas, or a combination of natural gas and electricity or other fossil fuel, as transportation fuel whether or not the vehicle is used in agricultural, commercial, domestic, or industrial operations. (Ord. 98-173; Ord. 01-42; Ord. 12-26; Ord. 18-42; Ord. 24-26)