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HomeMy WebLinkAboutOrdinance - 6741-1973 - Amending Article V, Chapter 2, Code Of Ordinance 4661 - 10/25/1973i ORDINANCE NO. 6741 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI TY OF LUBBOCK BY REPEALING THE PRESENT ARTICLE V OF CHAPTER 2 THEREOF; REPEALING ORDINANCE NO. 4661 OF THE CITY OF LUBBOCK; ENACTING A NEW ART! CLE V OF CHAPTER 2 ENT! TLED 11ELECTRI C UTILITIES"; PROVIDING A DEPARTMENT OF ELECTRICAL UTILITIES; PROVIDING AN ELECTRIC UTILITY BOARD; PROVIDING RESPONSIBILITI OF SUCH BOARD; PROVIDING FOR PROMOTION AND ADVERTISING; PRO- VIDING FOR ORGANIZATION OF THE BOARD; PROVIDING A DIRECTOR OF ELECTRICAL UTILITIES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION: WHEREAS, the City Council has determined that the changes in the opera- tion of the municipal electric utility as set forth below would be in the best intere of the citizens of the City of Lubbock: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Article V of Chapter 2 of the Code of Ordinances, Cit of Lubbock and Ordinance No. 4661 of the City of Lubbock BE and are hereby repealed. SECTION 2. THAT a new article Vof Chapter 2 of the Code of Ordinance City of Lubbock BE and is hereby enacted which shall read as follows: l!ARTICLE V. ELECTRIC UTILITIES Sec. 2-32. Department of Electrical Utilities There is hereby created the Department of Electrical Utilities 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. I I Sec. 2-33. Electric Utility Board There is hereby created and established a Board to be known as th Electric Utility Board of the City of Lubbock. Sec. 2-34. Responsibility of the Board (a) Tlie Electric Utility Board shall be responsible to the City Cou cil in the areas of research, expansion, operational policies, and all other acts that are in its opinion nec€:ssary, convenient or desirable in order to operate, maintain, enlarge, extend, preserve and promote an orderly, economic and businesslike administration of the Department of Electrical Utilities of the City of Lubbock. No policy action witliin these areas shall hereafter be taken by the City Councilor any administrative personnel of the City of Lubbock without first being referred to the Electric Utility Boa d for its study and recommendation. (b) The Board shall review the proposed budget for the Department of Electrical Utilities for each fiscal year and shall submitc copiee of such proposed budget to the City Manager and the City Council. Representative of the Board may be present during budget sessions when the proposed bud get of the Department Qf Electrical Utilities is being discussed by the City Council and the City Manager. n Sec. 2-35, Promotion and Advertising The Electric Utility Board shall be responsible for the promotion of sales of electrical energy by Lubbock Power and Light and shall approv 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. Sec. 2-36. Organization of the Board. ' (a) Number: The Board shall consist of seven (7) 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. (b) Salary: No salary or compensation of any sort shall be paid to the members of said Electric Utility Board. (c) Tenure: The present members of the Electric Utility Board, as established by Ordinance No. 4661, shall continue to serve as members of ~uch Board with the expiration date of their terms revised as follows: Terms to expire in 1975 shall expire January 31, 1975; terms to expire in 1978 ahcl 1979 shall expire January 31, 1977. All successive appointments shall be for a term of four (4) years. (d) Vacancies: Upon the death, resignation, removal by disqualifi cation or expiration of the term of office of any member or members of said Electric Utility Board, the City Council shall appoint a member of said Electric Utility Board who shall hold his membership on said Board for the unexpired term to which he is appointed in the event of vacancy created before a full term has expired; otherwise, he shall serve the full term of four years in the event he is succeeding a member whose term has fully e~pired. (e) ==Qualifications: No person shall be a member of the Board unle s he shall have been for at least six years next preceeding his appointment a resident elector of the City, and unless he shall believe in the desirability of a competitive operation of electric production and distribution and shall have no substantial ownership, interest in or income derived from any electrical contractor or supply or electrical utility business located or -2- -~ ====~.....,====·========-============================It== doing business in Lubbock County. Any member who fails to attend £hre·e consecutive regular Board meetings for any reason other than sickness or absence from the City or who shall fail to attend at least 50o/o of the regula meetings in any one year shall become disqualified to serve on the Board., and upon certification of such absence from the Secretary to the Board, the City Council shall thereupon appoint a successor to complete the un- expired term. (f) Conduct of Meetings: The Board by majority vote shall annuall during the month of February 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, and the chairman shall not be elegible to succeed.himself more than one term. An election of officers of the Board shall be held at the first regular meeting at which all _members are present and thereafter as herein provided. The Board shall adopt rules for the conduct of its meetings which shall provide for not less than one meeting each month. No action shall be taken by the Bo d except by the affirmative vote of at least four (4) members. Four (4) members shall constitute a quorum. Sec. 2-37. 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 City Mcinager. The Director of Electrical Utilities shall be and is hereby char ed with the general management of the production, sales and collections and dis:tribution of electrical services to and for the City of Lubbock. The Director is hereby authorized, directed and empowered to supervise and control all operations for production, sales and collections, and distributi n of electricity and facilities now or hereafter owned, controlled and opera d by the City of Lubbock. To this end the Director shall conserve the value of all properties and equipment by utilizing a continuous preventative maintenance program. The Director shall be responsible for all electric properties in his custody and all monies and accounts received, collected and disbursed making full account to the City Manager and the City Counci of each and every item. 11 SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconsti!utional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. -3- V SECTION 4. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this 25th day of _ _..O~c.:.:to,...b:.i:e:.:.r _____ , 1973. Passed by the Council on second reading this 8th day of November , 1973. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary-Treasurer I ' APPROVED AS TO FORM: