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HomeMy WebLinkAboutOrdinance - 2021-O0062 - Amending Section 22.02.103 of the Code of OrdinancesFirst Reading May 25, 2021 Second Reading June 8, 2021 Item No. 6.24 Item No. 7.18 ORDINANCE NO. 2021-00062 AN ORDINANCE AMENDING SECTION 22.02.103 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK RELATED TO THE REVIEW OF THE FEE STRUCTURE FOR UTILITY COST RECOVERY REGARDING THE PROVISION OF UNDERGROUND ELECTRIC DISTRIBUTION SERVICE TO DEVELOPMENTS; PROVIDING FOR PUBLICATION; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the citizens of the City of Lubbock to update certain portions of the City of Lubbock code ordinances by proposing certain amendments to Section 22.02.103 of the Code of Ordinances with regard to the City of Lubbock's electric utility; WHEREAS, the Electric Utility Board is charged with approving and submitting an electric rate schedule ("Rate Schedule") for Lubbock Power & Light to the City Council for approval, and is responsible for the proper implementation of the Rate Schedule pursuant to § 2.03.415(a) of the Code of Ordinances of the City of Lubbock; WHEREAS, as part of its review of the tariff, it is in the best interest of the citizens of Lubbock for the Electric Utility Board to annually review fees for certain undergrounding activities as provided in Section 22.02.103 of the Code of Ordinances; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: This article shall be in full force and effect on or after July 1, 2021. SECTION 1. THAT Section 22.02.103(a) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 22.02.103 Fees (a) The utility shall collect the following fees from the developer to recover the cost of providing underground electric distribution service to developments subject to this division. The developer shall be required to pay to the utility in advance of construction as an aid to construction for underground electric distribution the following fees with all measurements being taken per the centerline of the alley, easement or right-of-way: Beginning: 7/l/2003: twelve dollars ($12.00) per linear foot. 7/l/2004: fourteen dollars ($14.00) per linear foot. 7/l/2005: sixteen dollars ($16.00) per linear foot. 7/1/2006: eighteen dollars ($18.00) per linear foot. 7/l/2007: City council will review the fee structure outlined above and may by resolution alter the fee structure that applies to all electric utilities, as defined herein, to reflect the actual costs incurred in providing underground utility service. 1/1/2012: The electric utility board will review the fee structure outlined above and may by resolution request that the city council alter the fee structure as it applies to the city's municipally owned electric utility, Lubbock Power and Light, to reflect the actual costs incurred by Lubbock Power and Light in providing underground utility service. 07/l/2021: The electric utility board will annually review the fee structure outlined above and may alter the fee structure as it applies to the City's municipally owned electric utility, Lubbock Power & Light, to reflect the actual costs incurred in providing underground utility service by: (i) resolution to the city council requesting such alteration(s) to the fee structure as provided above, or (ii) review, approval, and recommendation of approval of the Electric Rate/Tariff Schedule to the City Council to include such fee structures and make alterations thereto. SECTION 2. THAT should any paragraph, section, clause, phrase, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED Passed by the City Council on first reading this 25thday of May , 2021. Passed by the City Council on second reading this 8th day of June 2021. DAN POPE, MA ATTEST: C)AZt-.- )K-" Reb cca Garza, City ecr au APPROVED AS TO CONTENT avid McCalla, Director of Electric Utilities APPROVED AS TO FORM .122A 1" Hunter Harrison, LP&L Electric Utilities Attorney