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HomeMy WebLinkAboutOrdinance - 2012-O0027 - Amendment 12. Ch. 22 And Changes Recommended By EUB - 03/29/2012First Reading March 29, 2012 Item No. 6.8 ORDINANCE NO. 2012-00027 Second Reading April 10, 2012 Item No. 5.26 AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CITY OF LUBBOCK CHARTER REFERENCES, APPOINTMENT AND DIRECTION OF THE DIRECTOR OF ELECTRIC UTILITIES, AUTHORITY OF THE ELECTRIC UTILITY BOARD, UTILITY COST RECOVERY PROCEDURES, AND FEES FOR THE INSTALLATION OF CERTAIN UNDERGROUND UTILITY SERVICE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 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 clarify and update certain portions of the City of Lubbock Code of Ordinances by proposing certain amendments to Chapter 22, Article 22.02 of the Code of Ordinances with regard to the City of Lubbock's electric utility; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 22, Article 22.02 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as set forth in Exhibit "A" attached hereto, and incorporated herein for all purposes. 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 _29th_ day of Passed by the City Council on second reading this _loth_ day of TTEST: Garza, City Secretary March , 2012. April 2012. -�/ /�.�� TOM MARTIN, MAYOR APPROVED AS TO CONTENT: Chapter 22 Ordinance Amendment.doc 3.23,12 Ordinance No. 2012-00027 EXHIBIT A ARTICLE 22.02 ELECTRIC UTILITY Division 1. Generally Sec. 22.02.001 Electrical utilities division There is hereby created the electrical utilities division of the City of Lubbock, designated as Lubbock Power and Light, which shall be responsible for the development, production and distribution of all electric utility service by the city and subject to Article XII of the Lubbock City Charter.- (1959 Code, sec. 2-32; Ordinance 4661, sec. 1, adopted 3/25/1965; Ordinance 6741, sec. 2, adopted 11 /8/ 1973; 1983 Code, sec. 9-1) Sec. 22.02.002 Director of electrical utilities There is hereby created the office of the director of electrical utilities who shall be appointed by and directly responsible to the electric utility board pursuant to Article XII of the Lubbock City Charter. Subiect to the duties and responsibilities as directed by the electric utility board,eity manage he director of electrical utilities shall be and is hereby charged with the general management of the production, sales and collections and distribution of electrical services to and for the city. The director is hereby authorized, directed and empowered to supervise and control all operations for production, sales and collections, and distribution of electricity and facilities now or hereafter owned, controlled and operated by the city. To this end the director shall conserve the value of all properties and equipment by utilizing a continuous preventive maintenance program. The director shall be responsible for all electrical properties in his custody and all monies and accounts received, collected and disbursed making full account to the electric utility boardeit n an ht e4y eoune4 of each and every item. The director of electrical utilities shall report to the electric utility board as authorized in division 12 of article 2.03 and shall perform and maintain the duties, responsibilities and qualifications outlined therein. (1959 Code, sec. 2-37; Ordinance 4661, sec. 5, adopted 3/25/1965; Ordinance 6741, sec. 2, adopted 11/8/1973; 1983 Code, sec. 9-2; Ordinance 2004-00021, sec. 2, adopted 2/19/2004) Sec. 22.02.003 Billing of residential building contractors The director of electrical utilities of the city is hereby authorized to establish procedures, rules and regulations with respect to billing and collection for electric power furnished to residential building contractors at residential building sites by the city, all such procedures, rules and regulations and any modification or change thereof being hereby made subject to the approval of the electric utility boarde4zl in each instance before same shall become effective. (1959 Code, sec. 11-7; Ordinance 3140, sec. 1, adopted 5/12/1960; 1983 Code, sec. 9-3) Sec. 22.02.004 Electric utility board Provisions concerning the electrical utility board are as provided in Article XII of the Lubbock City Charter and article 2.03, division 12 of this code. (Ordinance adopting Code) Secs.22.02.005-22.02.070 Reserved Division 2. Rates Sec. 22.02.071 Free service No free electric service shall be allowed and, to the extent that the city or any of its agencies or instrumentalities avail themselves of the service and facilities provided by its electric light and power system, they shall pay the rates and charges prescribed by this article and total consumption computed and charged as if served through one meter. (Ordinance 861, sec. 4, adopted 2/26/1948; 1959 Code, sec. 11-6; Ordinance 2808, sec. 1, adopted 5/29/1959; 1983 Code, sec. 9-16) Sec. 22.02.072 Determination; filing (a) Rates to be charged for electric service furnished by electric utilities, as defined in section 31.002 of the Texas Utilities Code, within the city shall be in accordance with orders or resolutions of the city council establishing such rates for such persons or parties engaged in furnishing such electric power service to the public. Said orders or resolutions establishing rates shall be filed with the city secretary, where such orders or resolutions establishing rates shall be kept available for public inspection. (b) Rates to be charged for electric service, including any discount related thereto, furnished by the municipally owned electric utility of the city shall be determined by the city council of the City of Lubbockeendueted-p ant to section 531.086 of the Texas Qev emum Cie. (Ordinance 861, sec. 1, adopted 2/26/1948; Ordinance 1070, sec. 1, adopted 4/26/1951; 1959 Code, sec. 11-1; Ordinance 2808, sec. 1, adopted 5/29/1959; Ordinance 3354, sec. 1, adopted 1 / 12/ 1961; Ordinance 4063, sec. 1, adopted 4/ 11 / 1963; Ordinance 5226, sec. 1, adopted 4/13/1967; Ordinance 6679, sec. 1, adopted 7/12/1973; Ordinance 6746, sec. 1, adopted 11/21/1973; Ordinance 6916, sec. 1, adopted 6/27/1974; Ordinance 7110, sec. 1, adopted 7/26/1975; Ordinance 7129, sec. 1, adopted 8/15/1975; Ordinance 7749, sec. 1, adopted 10/12/1978; Ordinance 7840, sec. 1, adopted 4/12/1979; Ordinance 8071, sec. 1, adopted 7/10/1980; 1983 Code, sec. 9-17; Ordinance 10197, sec. 1, adopted 10/14/1999) Sec. 22.02.073 All other consumers to pay commercial rates All users or customers of all electric power utilities within the city to whom the rates provided for in section 22.02.072 are not made specifically applicable shall be charged commercial rates, except electrical service furnished between public electrical energy suppliers, which rates shall be negotiated. (1959 Code, sec. 11-2; Ordinance 2808, sec. 1, adopted 5/29/1959; 1983 Code, sec. 9-18) Sees.22.02.074-22.02.100 Reserved Division 3. Utility Cost Recovery Sec.22.02.101 Scope This division shall apply to all electric utilities, as that term is defined in the Texas Utilities Code, and municipally owned utilities operating within their certificated service territory within the corporate limits of the City of Lubbock (collectively referred to herein as "utility"). (1983 Code, sec. 9-30; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) Sec.22.02.102 Applicability (a) A utility subject to this division shall apply the following sections of this division when providing underground electric utility distribution service to new residential developments when five or more contiguous lots are scheduled for immediate development under the following guidelines: (1) This division shall apply to any person who proposes a final plat within the corporate limits of the City of Lubbock for single-family or multifamily residential dwelling units (referred to herein as "developer"). (2) The developer provides at no cost to the utility: (A) Right-of-way easements and covenants on the owner's property that are satisfactory to the utility. (B) Site plan (streets, alleys, wet utilities, mechanical, electric, plumbing and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed. (C) Survey points for grades, lot corners, street ROW, alley ROW, and other locations reasonably necessary for installation of the electric system. (b) This policy only applies to single-phase service. This policy does not apply to three-phase service, main feeder lines or existing overhead distribution lines. (1983 Code, sec. 9-3 1; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) See.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/ 1 /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. 7/1/2007: 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 of Lubbock's municipally owned electric utility, Lubbock Power & Light, to reflect the actual costs incurred by Lubbock Power & Light in providing underground utility service. (b) If the developer is only developing one side of the alley, right-of-way or utility easement in which the utilities will be placed, the developer will only be required to pay the utility seventy- five (75) percent of the above -listed fees for providing underground electric utility service. (c) The fees shall be based on the actual cost incurred by the utility for providing this service. The fees shall not include the cost for providing the underground service drop to the individual residences. The measurement shall be taken from the centerline of the alley, right-of-way or utility easement in which the utilities will be placed. The utility may submit evidence to the city regarding the costs incurred by the utility for providing underground electric service. The city may review the fees listed above and beginning July 1, 2007, may annually make any adjustments the city deems necessary to reflect the actual costs incurred by the utility. These adjustments will go into effect on July I of each subsequent year. (d) In multiple certificated areas, the developer will only be required to pay the fees listed above to the utility it has initially requested to provide electric service to the development. However, while the developer will not be subject to the fees listed in this division, in no way does this provision restrict or otherwise prohibit a utility from installing or providing for electric service in areas in which it is properly certificated. (1983 Code, sec. 9-32; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) Sec. 22.02.104 Ditching work and developer credit (a) The developer will have the option to provide ditching services, install the cables, service pedestals and transformer pads (collectively referred to as the "ditching work") to the specifications of the utility and subject to inspection and approval as outlined below. The utility equipment shall be provided by the utility at the utility's warehouse or delivered to the development site by the utility. The utility shall be responsible for terminating all wiring. By providing this work, the developer shall be credited five dollars ($5.00) per linear foot from the cost of providing underground utility service. (b) If the developer elects to provide the ditching work and in order to be entitled to the credit, the developer must meet the following requirements: (1) The developer must provide each and every element of the ditching work as defined (ditching, installation of the cables, service pedestals and transformer pads); (2) The developer may provide the ditching work or contract to have the ditching work provided; and (3) All ditching work is required to meet the specifications of the utility and subject to inspection and approval by the utility. Should the ditching work fail to meet the specifications of the utility, the utility shall provide written notice to the developer what is required to correct all or parts of the ditching work. Should the developer refuse or be unable to meet the specifications of the utility, the utility may provide the ditching work and assess the developer the actual cost for providing such work. (c) The utility is under no obligation to energize the electric distribution line until such time as the developer meets the specifications and requirements listed above. If the developer fails to meet the requirements listed above and refuses or is unable to comply with the requirements listed above, the developer may be required by the utility to pay the five -dollar ($5.00) credit previously provided and assess any additional cost the utility may reasonably incur in completing the ditching work. (d) Upon receiving approval from the utility, the utility shall provide the developer with written verification that the ditching work is complete and meets the approval of the utility. (1983 Code, sec. 9-33; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) Sec. 22.02.105 Coordination with other utilities The developer and/or the utility may work with other types of utilities (cable, telephone, etc.) to install their facilities, when appropriate, in a joint trench and coordinate the installation of the electric utilities. (1983 Code, sec. 9-34; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) Sec. 22.02.106 Effect on other city policies This division is not intended as and is subject to any and all existing written ordinances and policies of the City of Lubbock, including, without limitation, the Underground Utilities Policy of 1977. (1983 Code, sec. 9-35; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) Sec. 22.02.107 Effective date This division shall be in full force and effect for all final plats filed with the City of Lubbock on or after July 1, 2003. (1983 Code, sec. 9-36; Ordinance 2003-00066, sec. 1, adopted 7/10/2003) Secs.22.02.108-22.02.140 Reserved Division 4. Commercial Properties Sec.22.02.141 Scope This division shall apply to all persons owning and/or operating commercial properties (referred to in this division as "customer") within the corporate limits of the City of Lubbock and who receive electric utility service from either an electric utility, as that term is defined in the Texas Utilities Code, or a municipally owned utility, each operating within their respective certificated service territories within the corporate limits of the City of Lubbock (collectively referred to in this division as "utility"). (1983 Code, sec. 9-40; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sec. 22.02.142 Properties one acre or less in size A customer owning a commercial property within the corporate limits of the City of Lubbock that is one acre or less in size shall be subject to the following provisions: (1) The customer shall install, own and maintain and be solely responsible for providing all underground secondary service conductors from the customer's facility receiving the electric service to the appropriate facilities of the utility located in the public right-of-way and as designated by the utility. (2) The customer shall, at no cost to the utility, grant, convey and/or otherwise devise to the utility any and all necessary right-of-way easements and/or covenants, if any, at or near the customer's property line so that the utility may properly install any and all utility equipment necessary to provide proper electric utility service to the customer. (1983 Code, sec. 9-41; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sec. 22.02.143 Properties more than one acre in size A customer owning a commercial property within the corporate limits of the City of Lubbock that is more than one acre in size shall be subject to the following provisions: (1) The utility shall provide overhead primary or secondary service, as determined solely by the utility, to the customer at no cost to the customer. Such overhead wires, equipment shall be installed, owned and maintained by the utility up to the customer's entrance fitting. (2) If the customer requests that underground service be provided by the utility, whether primary or secondary, the customer shall be subject to the following regulations: (A) The utility shall collect from the customer thirteen dollars and forty cents ($13.40) per linear foot times the number of feet from the customer's facility receiving the electric service to the appropriate facilities of the utility located in the public right-of-way and as designated by the utility. The city may review this fee annually and may make any adjustments the city deems necessary to reflect the actual costs incurred by the utility. Additionally, on behalf of the City of Lubbock's municipally owned electric utility, Lubbock Power & Light, the electric utility board can request that this fee be adjusted by the city as it applies to Lubbock Power & Light to reflect the actual costs incurred by Lubbock Power & Light. These adjustments, if any, will go into effect on October 1 of each subsequent year. (B) The customer, solely at the customer's cost and expense, shall provide all ditching/trenching services, backfill, compaction and install any and all transformer pads necessary to provide underground secondary service (collectively referred to as the "ditching work"). All ditching work is required to meet the specifications of the utility and subject to inspection and approval by the utility. Should the ditching work fail to meet the specifications of the utility, the utility shall provide written notice to the customer what is required to correct all or parts of the ditching work. Should the customer refuse or be unable to meet the specifications of the utility, the utility may provide the ditching work and assess the customer the actual cost for providing such work. (C) Once the ditching work is complete the utility shall install any and all equipment necessary to provide service to the customer. The customer shall, at no cost to the utility, grant, convey and/or otherwise devise to the utility any and all necessary right-of-way easements and/or covenants to the utility for the utility to properly serve, repair and maintain the equipment providing service to the customer. The service wires, equipment shall be owned and maintained by the utility up to the customer's entrance fitting. (D) Any and all other requests by the customer of the utility related to providing service to the customer (including but not limited to loop feeds, manholes, automatic transformer switches) shall be charged to the customer at the actual cost incurred by the utility for providing such service. (1983 Code, sec. 9-42; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sec. 22.02.144 Utility's obligation The utility is under no obligation to energize the electric distribution line for secondary service until such time as the customer meets the specifications and requirements contained in this division. If the customer fails to meet the requirements listed above and refuses or is unable to comply with the requirements listed above, the utility, solely at the discretion of the utility, may provide the necessary services and assess the customer the actual cost incurred by the utility in providing such services. (1983 Code, sec. 9-43; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sec. 22.02.145 Coordination with other utilities The customer and/or the utility may work with other types of utilities (cable, telephone, etc.) to install their facilities, when appropriate, in a joint trench and coordinate the installation of the electric utilities. (1983 Code, sec. 9-44; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sec. 22.02.146 Effect on other city policies This division is not intended as and is subject to any and all existing written ordinances and policies of the City of Lubbock, including, without limitation, the Underground Utilities Policy of 1977. (1983 Code, sec. 9-45; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sec. 22.02.147 Effective date This division shall be in full force and effect for all final plats filed with the City of Lubbock on or after October 1, 2004. (1983 Code, sec. 9-46; Ordinance 2004-00100, sec. 1, adopted 9/28/2004) Sees.22.02.148-22.02.170 Reserved Division 5. Utility Liens Sec. 22.02.171 Imposed (a) Subject to the provisions contained in this article and pursuant to state law, the City of Lubbock is authorized to impose a lien on real property owned by any customer of the city's electric, water and/or sewer utility service when such customer has failed to pay for the utility service provided. (b) Any lien authorized by this article shall include all delinquent charges for utility service, penalties, interest, fees and collection costs. (c) Any lien authorized by this article shall be perfected by recording in the real property records of Lubbock County a notice of lien in a form approved by the city attorney or the general counsel of Lubbock Power & Light duly executed by the city manager or the director of electric utilities. The notice of lien shall contain a legal description of the real property and the utility's account number for the delinquent charges. (d) Any lien authorized by this article shall not apply to the following: (1) Homestead property; (2) Any bills for utility service connected in a tenant's name after the appropriate City of Lubbock utility department has received notice from the property owner that the property is rental property; or (3) Any bills for utility service connected in a tenant's name prior to the effective date of this division. (e) The lien authorized by this article shall be inferior to a bona fide mortgage lien that is recorded before the recording of the city's utility lien in the real property records of Lubbock County. The lien authorized by this article is superior to all other liens, including, without limitation, previously recorded judgment liens and any lien recorded after the city's lien. (1984 Code, sec. 9-50; Ordinance 2009-00016, sec. 1, adopted 3/5/2009) Sec. 22.02.172 Release of lien The city manager or the director of electric utilities shall have the authority to release any lien imposed in accordance with this article when all delinquent charges for utility service, penalties, interest, fees and collection costs have been fully paid. The release shall be in a form approved by the city attorney or the general counsel of Lubbock Power & Light and shall be duly executed by the city manager or the director of electric utilities and recorded in the real property records of Lubbock County. (1984 Code, sec. 9-5 1; Ordinance 2009-00016, sec. 1, adopted 3/5/2009) Sec. 22.02.173 Rights cumulative and nonexclusive The authority and rights granted in this article are cumulative to any and all legal rights and remedies, methods of collection and/or security available to the City of Lubbock under common law, statutory law, the City's Charter or Code of Ordinances. Nothing contained herein shall limit the authority of the City of Lubbock to refuse utility service when delinquent utility charges exist. (1984 Code, sec. 9-52; Ordinance 2009-00016, sec. 1, adopted 3/5/2009)