HomeMy WebLinkAboutResolution - 334 - Permit Conditional Use Of Natural Gas For Outdoor Lighting To Existing Users - 11_08_1979?k. DGV:pc
RESOLUTION #334 - 11/8/79
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WHEREAS, Section 402 of the Federal Power Plant and Industrial Fuel Use
Act of 1978, hereinafter referred to as the "Act", prohibits the selling of
natural gas to be used in outdoor decorative lighting by local distribution
company unless an exemption to the prohibition has been granted pursuant to
said Act; and
WHEREAS, the effective date of said Act with regard to industrial and
commercial customers is November 5, 1979, and January 1, 1982, with regard to
residential customers; and
WHEREAS, the United States Department of Energy has delegated enforcement
of said Act to the various state regulatory authorities; and
WHEREAS, the Governor of the State of Texas has designated the munici-
palities of the State of Texas to be the local regulatory authorities for
enforcement within their municipal boundaries in accordance with Vernon's
Ann.Civ.St. art. 1446c; and
WHEREAS, it is incumbent upon the City Council of the City of Lubbock,
Texas, acting as the local regulatory authority, to provide guidelines by
which those persons affected by the Act within the City of Lubbock may seek
and obtain exemptions from the prohibitions contained in the Act if qualified;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT any exisiting user of natural gas for outdoor lighting
within the municipal limits of Lubbock, Texas, shall be entitled to continue
such use of natural gas and the local distribution system shall be entitled to
supply natural gas for such use providing that said outdoor lighting is:
a. of historical significance or memorial purpose;
b. at a commercial establishment and is of a traditional nature
and conforms with the cultural or architectural style of the
area in which it is located;
C. necessary to protect the safety of persons or property; or
d. not replaceable by other forms of lighting without substantial
expense to the user and such replacment would not be cost -justified.
SECTION 2. THAT the City of Lubbock as regulatory authority reserves
the right to grant exemptions for outdoor lighting use of natural gas in any
situation in which it would be in the public interest and consistent with the
purposes of the Act to do so.
SECTION 3. THAT no later than December 1, 1979, any industrial or
commercial user of natural gas for outdoor lighting, or the local distribution
company on behalf of such users, shall, if such use is desired to be continued,
apply for an exemption for such use by filing such request in writing with the
City Secretary and specifying the basis for the exemption request.
SECTION 4. THAT no later than December 1, 1981, any residential user
of natural gas for outdoor lighting, or the local distribution company on
behalf of such users, shall, if such use is desired to be continued, apply for
an exemption for such use by filing such request in writing with the City
Secretary and specifying the basis for the exemption request.
SECTION 5. THAT following said exemption request deadlines, any
interested person desiring a public hearing on such exemption requests shall
make such request in writing to the City Secretary with thirty (30) days after
the stated deadlines for exemption request. If no requests for public hearing
are received, then those exemption requests not otherwise acted upon by City
Council shall be deemed granted sixty (60) days after the appropriate exemption
request deadline.
SECTION 6. THAT pending consideration of any exemption request filed
pursuant hereto, the application of any prohibition of the Act shall be stayed
until such consideration has been completed.
PASSED by City Council this 8th day of November, 979
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DIRK WEST, MR
ATTEST:
elyn:Ga fga City e t ry-Treasurer
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant City Attorney