§ 1.2. Definitions.

For the purpose of this franchise, the following words and phrases shall have the meaning given in this article. 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 words "shall" or "will" are mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning.

(1)

"City" means the municipal corporation designated as the city of Arvada, a home rule municipal corporation located in the Counties of Adams and Jefferson, Colorado and includes the territory that currently is, or may in the future be, included within the boundaries of the city of Arvada.

(2)

"Commission" or "CPUC" means the Colorado Public Utilities Commission.

(3)

"United Power" means United Power, Inc. of Colorado, and its successors and assigns, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest.

(4)

"Council" or "city council" means the legislative body of the city of Arvada.

(5)

"Distribution lines" means the lines which are used to distribute power and energy to the consumer, from the substation to the customer meter.

(6)

"Electricity" means all electric energy and electric service provided within the city, including street lighting and traffic signal services.

(7)

"Electric distribution facility" means that portion of United Power's electric system, which delivers electric energy from the substation breakers to United Power's meters including all devices connected to that system.

(8)

"Emergencies" means an event that directly influences the ability to provide service or is life threatening.

(9)

"Facilities" means all physical components of United Power which are reasonably necessary to provide electricity within and through the city for transportation, distribution and sale and include, but are not limited to, plants, works, systems, transmission and distribution structures, lines, street lighting fixtures, equipment, pipes, mains, conduit, transformers, underground lines, wires, cables and building structures.

(10)

"City manager" means the Arvada city manager, his or her successor in office or by the city, and any employee of the city designated to act as the official city representative by the city manager, or his successors, each of whom shall be authorized to act on behalf of the city under this franchise.

(11)

"Party" or "parties" refers to and includes United Power and the city, either singly or collectively as the context requires.

(12)

"Public or dedicated easements" refer to and are public easements created and available for use by investor-owned or other public utilities for their facilities.

(13)

"Residents" means all persons, businesses, industry, governmental agencies and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the city of Arvada.

(14)

"Revenues" means those amounts of money, which United Power receives from the sale of electricity to Residents within the city.

(15)

"Service area" means the area within the city of Arvada, which United Power is certified to serve.

(16)

"Streets and public places" means streets, alleys, viaducts, bridges, highways, avenues, boulevards, roads, lanes, public rights-of-way, easements, and places suitable for the placement of facilities that are located in the city.