HomeMy WebLinkAboutOrdinance - 2001-O0061 - Amending Chapter 2 Code Of Ord. Amending Sec 2-480, 2-482, 2-483, ETC - 07/26/2001First Reading
July 12, 2001
Item No. 47
Second Reading
July 26, 2001
Item No. 3
ORDINANCE NO. 2001-00061
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTIONS 2-480, 2-482, 2-483,
AND 2-484 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY
AMENDING THE COMPOSITION, DUTIES AND RESPONSIBILITIES OF THE
ELECTRIC UTILITY BOARD; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
WHEREAS, pursuant to Section 2-480 of the Lubbock Code of Ordinances it has
heretofore been provided that the Electric Utility Board of the City of Lubbock shall consist of
seven (7) members appointed by the City Council;
WHEREAS, pursuant to Section 2-482(a) of the Lubbock Code of Ordinances it has
heretofore been provided that the Electric Utility Board shall be responsible to the City Council
in the areas of research, expansion, operational policies and all other acts that are in its opinion
necessary, convenient or desirable in order to operate, maintain, enlarge, extend, preserve and
promote an orderly economic and businesslike administration of the electrical utilities division
prior to the City Council or any city administrative personnel from taking police action in these
areas;
WHEREAS, pursuant to Section 2-482(b) of the Lubbock Code of Ordinances it has
heretofore been provided that the Electric Utility Board shall review the proposed budget for the
electric utilities division for each fiscal year and submit copies of such proposed budget to the
city manager and the City Council and be present during budget sessions when the proposed
budget is being discussed by the City Council and the city manager;
WHEREAS, pursuant to Section 2-483 of the Lubbock Code of Ordinances it has
heretofore been provided that the Electric Utility Board must provide for at least one meeting per
month, that no action may be taken by the Board without an affirmative vote of at least four (4)
members and that four (4) members constitutes a quorum;
WHEREAS, pursuant to Section 2-484 of the Lubbock Code of Ordinances it has
heretofore been provided that the Electric Utility Board shall be responsible for the promotion of
sales of electrical energy by Lubbock Power & Light and shall approve the advertising,
formulate policies for solicitation and shall authorize the expenditure of funds within the
approved department budget to accomplish the promotion of services, sales, operations,
programs and planned expansion of the department;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of
the City of Lubbock and its municipally owned electric utility, Lubbock Power & Light, to
improve the efficiency and competitiveness of Lubbock Power & Light by increasing the number
of Electric Utility Board members to nine (9) members appointed by the City Council, with a
quorum consisting of five (5) members and with the board meeting at least quarterly;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of
the City of Lubbock and its municipally owned electric utility, Lubbock Power & Light, to
improve the efficiency and competitiveness of the Lubbock Power & Light by making the
Electric Utility Board an advisory only board regarding the efficient operation, maintenance,
extension, preservation, competitiveness, and promotion of an orderly economic and businesslike
administration of Lubbock Power & Light; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of
the City of Lubbock and its municipally owned electric utility, Lubbock Power & Light, to
improve the efficiency and competitiveness of Lubbock Power & Light by rescinding the
responsibilities and duties of the Electric Utility Board regarding the formulation of policies,
promotion of sales of electrical energy, advertising, solicitation, and budget approval, including
any and all authority for the expenditure of funds thereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT Section 2-480 of the Code of Ordinances, City of Lubbock, Texas,
is hereby amended to read as follows:
Section 2-480. Composition.
The board shall consist of nine (9) members to be appointed by the City
Council. The city manager and the director of electrical utilities or their
respective authorized representatives shall serve as ex officio members without
vote.
SECTION 2: THAT Section 2-482 of the Code of Ordinances, City of Lubbock, Texas,
is hereby amended to read as follows:
Section 2-482. General responsibility.
The electric utility board shall advise the City Council in the areas of
research, expansion, operational policies, competitiveness, efficiency,
preservation and promotion of an orderly economic and businesslike
administration of the City's municipally owned electric utility, Lubbock Power &
Light.
SECTION 3: THAT Section 2-483 of the Code of Ordinances, City of Lubbock, Texas,
is hereby amended to read as follows:
Section 2-483. Conduct of meetings.
The board by majority vote shall annually, at its first meeting held during
the first quarter of the calendar year, elect from among its members a chairman
who shall preside over the meetings of the board and a vice-chairman who shall
act for the chairman during his absence. The chairman shall not be eligible to
succeed himself more than one term. The board shall adopt rules for the conduct
of its meetings. The board will meet at least once per calendar quarter. The board
shall not take any action except by the affirmative vote of at least five (5)
members. Five (5) members shall constitute a quorum.
SECTION 4: THAT Section 2-484 of the Code of Ordinances, City of Lubbock, Texas is
hereby amended to read as follows:
Section 2-484. Advisory Function
Upon request of the City Council, the board shall issue an opinion
regarding any issue related to the efficient operation, maintenance, extension,
preservation, competitiveness, or economic function of Lubbock Power & Light.
The opinion will be in the form of a resolution approved by the board. Any
opinion issued by the board will be advisory only in nature.
SECTION 5: THAT the City Council finds and declares that sufficient written notice of
the date, hour, place and subject of this meeting of the Council was posted at a designated place
convenient to the public at the City Hall for the time required by law preceding this meeting, that
such place of posting was readily accessible at all times to the general public, and that all of the
foregoing was done as required by law at all times during which this Ordinance and the subject
matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and the
contents of posting thereof.
SECTION 6: THAT should any 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 7: 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
provided by law.
AND IT IS SO ORDERED
Passed by the City Council on the first reading on this 12th day of ___ J_ul._y ___ , 2001.
Passed by the City Council on the second reading on this 26th day of __ J_u_l.,._y ___ , 2001.
ATTEST:
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Rebecca Garza, City Secretary ·"
APPROVED AS TO CONTENT:
Paul Thompson, Director of Electric Utilities
APPROVED AS TO FORM:
Ma ew L. Wade, Assistant City Attorney
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