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1.9 Electricity or Electric Utility Services means energy (kWh) and power (kW) sold, <br />distributed, conveyed or otherwise conducted, served, supplied and furnished to <br />inhabitants of the City, and others, and to the City where applicable, by PEC. <br />1.10 Franchise means this Ordinance, and all rights and obligations established herein or in <br />Article 11 of the City Charter, and all charter amendments which are not inconsistent <br />with this ordinance. <br />1.11 Gross Receipts means the total amount collected by PEC from any and all Customers <br />from the sale of Electric Utility Services. Gross Receipts shall not include (1) local, state <br />or federal taxes collected by PEC that have been billed to its Customers and separately <br />stated on Customers' bills, (2) revenue uncollectible from Customers (i.e., bad debts) <br />with billing addresses in the City, (3) any refunds or corrections to Customers' bills, (4) <br />revenue from PEC's pole attachment agreements and Pole Rental Agreements, or (5) <br />the franchise fee paid under this Ordinance. <br />1.12 Ordinance means this Ordinance adopted by the City and agreed to by PEC and as may <br />be amended from time to time. <br />1.13 PEC means the Pedernales Electric Cooperative, Inc., a rural electric cooperative <br />organized and existing under and by virtue of the laws of the State of Texas, and <br />authorized to transact and actually transacting business in the State of Texas, together <br />with its legal representatives, successors, lessees of all or substantially all of the System <br />and assigns. <br />1.14 PEC's Service Regulations means the rules and regulations of PEC, as are now, or as shall <br />in the future be approved by the PEC Board of Directors and applicable law. <br />1.15 Pole Rental Agreement means the standard agreement prescribed and used by either <br />the City Utility or PEC, between the City Utility or PEC and any person attaching <br />equipment, lines or cable to each entity's electric utility poles under each party's <br />respective pole rental agreement. <br />1.16 Public Easement or Easement means those easements held, owned or controlled by the <br />City, and the terms, conditions or limitations upon such easements that are not <br />inconsistent with the construction or maintenance of an electric utility transmission and <br />distribution system. <br />1.17 PUCT means the Public Utility Commission of Texas or its successor agency. <br />1.18 Public Way or Public Rights -of -way means Streets, Avenues, Public Easements (other <br />than private easements obtained by PEC), rights -of -way, Alleys, highways, public places <br />and public grounds of the City, Sidewalks as defined herein and on, above, over, <br />beneath, and across the surface of the same as they now or hereafter may exist. It shall <br />3 <br />