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:
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Reb cca Garza, City ecr au
APPROVED AS TO CONTENT
avid McCalla, Director of Electric Utilities
APPROVED AS TO FORM
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Hunter Harrison, LP&L Electric Utilities Attorney