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HomeMy WebLinkAboutOrdinance - 2013-O0051 - Reese Water Wholesale Rate - 05/23/2013First Reading May 9, 2013 Item No. 5.5 Second Reading May 23, 2013 Item No. 5.3 ORDINANCE NO.2013-CX1051 AN ORDINANCE AMENDING CHAPTER 22 (UTILITIES) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 22.03.091(h) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK THAT PROVIDES FOR A SPECIFIC WHOLESALE WATER VOLUME RATE MULTIPLIER FOR LUBBOCK REESE REDEVELOPMENT AUTHORITY; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lubbock and Lubbock County established Lubbock Reese Redevelopment Authority by Joint Resolution No. 5575, dated June 26, 1997; WHEREAS, the State of Texas enacted legislation on July 11, 1997 affirming the creation of the Lubbock Reese Redevelopment Authority to accept title from the United States to all or any portion of the real, personal, and mixed property situated within Reese Air Force Base; WHEREAS, Texas Tech University, South Plains College, and the City of Lubbock have also received property on the former Reese Air Force Base for use in education, research, and training of the citizens of Lubbock and the surrounding communities; WHEREAS, the City of Lubbock has provided Lubbock Reese Redevelopment Authority with wholesale water pursuant to that certain Wholesale Water Sales Interlocal Agreement approved by the City of Lubbock in Resolution No. 2003-110202, dated May 22, 2003; WHEREAS, the City of Lubbock and Lubbock Reese Redevelopment Authority have negotiated a new Interlocal Wholesale Water Sales Contract that has been approved by the Board of Directors of the Lubbock Reese Redevelopment Authority; and, which provides that the City Council of the City of Lubbock may specify a volume rate multiplier other than the current wholesale water volume rate multiplier of 1.5; and WHEREAS, the City Council of the City deems it to be in the best interest of the citizens of the City of Lubbock to establish a specific wholesale water volume rate multiplier for the Lubbock Reese Redevelopment Authority instead of the wholesale water volume rate multiplier contained in Section 22.03.085(6)(A) of the Code of Ordinances due to the longstanding special relationship that has existed between the City of Lubbock and Lubbock Reese Redevelopment Authority and the contributions that it has made to the redevelopment of the former Reese Air Force Base, as well as the ongoing economic development, education, research, and job creation that benefits the City of Lubbock, Lubbock County, and the South Plains region; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l: THAT Section 22.03.091(h), Lubbock Reese Redevelopment Authority, of the Code of Ordinances, City of Lubbock, Texas is hereby added to read as follows: Solely for the purposes of Lubbock Reese Redevelopment Authority, the water volume rate shall be equal to the water volume rate for all other commercial customers as set forth in Section 22.03.085 of this division as applicable to each block. All other provisions as set forth in Section 22.03.085(6)(A) regarding wholesale water customers shall continue to apply to the Lubbock Reese Redevelopment Authority. SECTION 2: THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law. SECTION 3: THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4: THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the city council on first reading this 9th day of May , 2013. Passed by the city council on second reading this 2grd day of _my 12013. I GLEWL AOERTSON, Mayor ATTEST: liebec Garza, City Secre PPROVE °'f CO NT: 'fo d Klein, District 43 Councilman APPROVED AST ORM: a .aura raft, Assistant City Attorney It ,c W.1a O,d,n.,,< Amrndmrn10523.13