§ 3-431. Definitions

The following terms when used in this article shall have the following meaning:

(1) The term "City" shall mean the City of Burlington.

(2) The term "electric plant" shall mean the complete municipal electric generating, transmission, and distribution system now owned by the City, together with any improvements thereto hereafter constructed or acquired, and the complete municipal natural, manufactured, or synthetic gas generating, transmission, and distribution system now or hereafter owned by the City, together with any improvements thereto hereafter constructed or acquired, and all other facilities, including those authorized by 30 V.S.A. § 604, equipment, and appurtenances necessary or appropriate to such system, for the furnishing of electric power, and energy or gas for lighting, heating, power or any other purpose for which electric power and energy or gas can be used. Such term may include facilities for the production and distribution of steam and hot or chilled water, timberlands or other fuel sources, facilities for the production, processing, transportation, and storage of fuel to be used in the production of utilities furnished by the City, facilities for the processing or disposal of solid waste involving the production of such utilities (with or without other by-products) from solid waste (with or without other fuels), and innovative or experimental facilities for the utilization of conventional or other energy sources for the production of such utilities, including pilot or demonstration facilities.

(3) The term "improvement" shall mean any improvement, extension, betterment, addition, alteration, reconstruction, extraordinary repair, equipping, or re-equipping of the electric plant of the City.

(4) The term "electric service" shall mean the furnishing of the electric power and energy or gas for lighting, heating, power, or any other purpose for which electric power and energy or gas can be used. Such term may include the furnishing of steam and hot or chilled water, and the processing or disposal of solid waste. Such term may also include ownership, operation, and utilization of cable television, fiber optic cable, and other telecommunications within the corporate limits of the City; provided that the City shall have no power under 30 V.S.A. chapter 79 to take by eminent domain telecommunications, cable television, or natural gas property; and provided further that before the City may sell telecommunications or cable television services it shall obtain a certificate of public good under 30 V.S.A. § 231 from the Public Utility Commission.

(5) The term "acquire" shall mean to purchase, to acquire by eminent domain, to lease, to construct, to reconstruct, or to replace.

(6) The term "improve" shall mean to acquire any improvement.

(7) The term "bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the City pursuant to this article and payable out of the revenues of the electric plant.

(8) The terms "revenues" and "revenues derived from electric service" shall mean all rates, fees, charges, or other income received by the City, or accrued to the City, or any Board or Agency thereof in control of the management and operation of said electric plant, and all parts thereof, and may include, without limiting the generality of the foregoing, investment earnings, rentals, proceeds of insurance, condemnation, or other disposition of plant assets and proceeds of borrowing hereunder. (Amended 1997, No. M-18 (Adj. Sess.), § 22, eff. April 23, 1998; 1999, No. M-14 (Adj. Sess.), § 56.)