HomeMy WebLinkAboutOrdinance - 8071-1980 - Ordinance Amending Sec. 11-1. Providing A Savings Clause. - 07/10/1980J
. L . ..... -.-ORDINANCE NO • 8071
AN ORDINANCE AMENDING SEC. 11-1 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined
that it would be in the best interests of the citizens of the City of Lubbock,
Texas, to amend the language of Sec. 11-1 of the Code of Ordinances to reflect
changes in language required by the passage of Vernon's Ann.Civ.St. art.
1446c, the Public Utility Regulatory Act; and
WHEREAS, the City Council finds that such language should be corrected
immediately in the best interests of the citizens of the City of Lubbock,
which creates an emergency which requires immediate passage of this measure;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sec. 11-1 of the Code of Ordinances of the City of
Lubbock, Texas, BE and is hereby amended to read as follows:
Sec. 11-1. Rates for service furnished in city.
Rates to be charged for electric service furnished within
the city shall be in accordance with orders or resolutions of
the City Council establishing such rates for all persons, firms
or corporations engaged in furnishing such electric power service
to the public, including electric power furnished by the city's
electric power company. Said orders or resolutions establishing
rates shall be filed with the City Secretary of the City of Lubbock,
where such orders or resolutions establishing rates shall be kept
available for public inspection.
SECTION 2. 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 3. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method as provided by law.
SECTION 4. THAT the fact that public necessity and convenience
requires that this Ordinance be passed as an emergency measure for reasons set
forth in the preamble hereof, the rule requiring that no ordinance shall be
4.-;.·,
{_# "'' •. finally passed on the date of its introduction be suspended, and this Ordinance
is declared to be an emergency measure to take effect from and after its
passage.
AND IT IS SO ORDERED.
Passed by City Council this -lD..th day of Tnl y , 1980.
~JJt 1¢i:LLMCALISTER, MAYOR
" • 0 " APPROVED AS ·ro FORM:
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CITY OF LUBBOCK
MEMO
TO: Carroll McDonald, Pirector of Electric Sales and Service
FROM: John c. Ross, Jr., City Attorney
SUBJECT: City Electric Rate Ordinance
DATE: August 15, 1980
It has come to my attention that your recent rate increase request, which
was approved by the City Council and filed with the City Secretary did not
contain those tariffs which were unchanged by the City Council.
Therefore, I must request that you file those unchanged tariffs with the
City Secretary as soon as possible, 1since th~ City Electric Rate Ordinance was
amended in conjunction with the rate hearing to provide that all rates will be
placed on file with the City Secretary. --
If you have questions about this matter, please don't hesitate to call me
at 762-6411, Ext. 2211. Thank you very much for your cooperation in this
matter.
~~Ross, Jr.
J'CR:cl
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LUBBOCK POWER & LIGHT & WATER
916 Texas Avenue P.O. Box 2000 Ares Code 806-763·9381
LUBBOCK, TEXAS 79457
I
ELECTRIC WATER HEATING
APPLICABLE
To water heating service, on a separate meter, for residential customers
or commercial establishments. Service under this rate is subject to the
conditions and regulations g·overning water heating as stated below:
RATE
All kwh per month at 1.15¢ per kwh.
CONDITIONS AND REGULATIONS
1. Water heating equipment served on this rate shall be of insulated
storage type bearing the approval of the Underwriter's Laboratories, Inc.,
and shall have a demand of not greater then 5.5 kilowatts individual
capacity.
2. Service will be supplied through a separate circuit to which no equ1p-
ment except the water heater will be.connected. A separate meter will
be furnished by the supplying utility.
FUEL COST ADJUSTMENT The net charge per kilowatt hour shall be increased
or decreased 0.0067 cents per kwh for each ·0.5 cent increase or decrease,
or major fraction thereof, in the cost of fuel delivered at LP&L generating
stations, above or below 21 cents per· I ,000,000 BTU. The cost of fuel
shall be determined as follows:
1. Natural Gas: Cost per thousand cubic feet@ 1,000,000 BTU during the
second preceding month of service.
2. Fuel Oil: ·cost per J,OOO,OOO BTU based on a six month moving average
through the end of the next prior month by the last in first out inventory
cost method.
STATE OF TEXAS
COUNTY OF LUBBOCK
ELECTRIC SERVICE AGREEMENT
EXPERIMENTAL WIND POWERED GENERATION
l
l
THIS AGREEMENT, ts made thfs day of
1979, by and between the lubbock Power and L'ight ,--r-h_e_r_e..,...in_a_f-=-t-e_r_r_e..,f,....e_r_r_e...,.d--
to as LP&l, and ~~~-----=----~~----~--~~--------------~-----------' hereinafter referred to as the Customer. ---------
WITNESSETH
WHEREAS, the Customer has notified LP&l that he/she intends to
install on his/her property
for the purpose of generating electric energy for his/her own use; and
WHEREAS, LP&l wishing to encourage innovation in the energy field,
is willing to furnish standby electric service to the Customer when the
alternate power source is not available for the Customer's wind powered
generating facilities;
NOW THEREFORE, the parties hereto, each in consideration of the agree-
ment of the other contained herein, agree as follows:
1. LP&l wlll furnish electric service to the Customer at --:---=-----~-----..,...~--~--~--~~------------------~------on a standby basis for periods when the alternate power source is not available to the Customer
for the operation of his own electric generating facilities.
2. Lubbock Power and light will credit the customer's monthly bill
for all KWH delivered/supplied to LP&l, as determined by recorded data, at
a rate equal to said month's fuel adjustment charge for lubbock, Texas. In
the event that accumulated credits to the customer for KWH delivered to
LP&l exceed the billing to the customer by LP&l, a payment for the excess
credits will be made by LP&l annually within fifteen (15) days after the
anniversary date of connection or within fifteen (15) days of termination
of this agreement.
3. Prior to installation, the Customer will submit to LP&l a
diagram for the wind powered generators and all electrical protection devices
showing the complete electrical circuit of same. The diagram will indicate,
in the judgment of LP&l, that the wind system cannot deliver energy to the
LP&l system if loss of LP&l voltage occurs to the wind system. The diagram
will also indicate, in the judgment of LP&l, that the wind system cannot cause
damage or shutdown of any portion of lubbock Power & light's system in the
event of an occurrence or failure in the operation of the wind system. No
modification is to be undertaken to the wind system in the diagrams without
the express written approval of Lubbock Power and Light.
.. . . .
LUBBOC/( POWER & LIGHT & WATER
916 Texas Avenue P.O. Box 2000 Area Code 806-763-9381
LUBBOCK, TEXAS 79457
ELECTRIC HEATING SERVICE
APPLICABLE
To residential and commercial customers for space heating service, including
resistance heating, radiant heating and heat pumps, when all heating service
is supplied at one point of delivery and measured through one kilowatt hour
meter which meter must be separate from the meter which measures the energy
for lighting and general use.
RATE
November through April
All kwh used per month @ $.0115 per kwh.
May through October
All kwh used per month shall be billed under the applicable residential or
commercial rate.
CONDITIONS AND REGULATIONS
Space heating equipment and the installation of the equipment shall be subject
to the approval of the supplying utility. To be eligible for the space heat-
ing rate, a customer must have permanently installed and in regular use
space heating equipment having a total connected load of not less than five
kilowatts. ·
For heat pump installations, the rated capacity shall be determined by adding
the rated capacity of any auxilliary heating elements used in conjunction with
the heat pump.
FUEL COST ADJUSTMENT The net charge per kilowatt hour shall be increased
or decreased 0.0067 cents per kwh for each o.s cent increase or decrease,
or major fraction thereof, in the cost of fuel delivered at LP&L generating
stations, above .or below 21 cents per 1,000,000 BTU. The cost of fuel
shall be determined as follows:
J. Natural Gas: Cost per thousand cubic feet@ 1,000,000 BTU during the
second preceding month of service •
2. Fuel Oil: Cost per 1,000,000 BTU based on a six month moving average
through the end of the next prior month bythe last in first out inventory
cost method.
~. Upon completion of the facilities, the Customer will so notify
LP&L, and LP&L will thereupon inspect the facilities for compliance with
the diagrams and will test the operating characteristics of the facilities
for assurance of safety for Its employees and accuracy of its meter(s)
before authorizing the operation of the facilities.
5. It will be the Customer's sole responsibility to maintain the wind
system so as to guarantee the operation of the specific safety features which
prevent energy from being delivered to LP&L's system during a pov1er failure
on Lubbock Power and Light's system and those safety features necessary
to isolate the wind system from LP&L's system in the event of an electrical
malfunction of the wind system.
6. LP&L may at any time install or modify any equipment as it deems
necessary to protect the safety of its employees or the accuracy of its
meter.(s) as a result of the operation of the facilities, and the Customer
shall reimburse LP&L for the cost of such installation or modification
upon receipt of a statement therefor from LP&L.
1. Due to the reduced return on investment· for the facilities provided
to serve the Customer and in order to protect LP&L 1s other customers from
subsidizing the wind system, the r~te LP&L will charge to Customer will
equal the rate charged to other buildings of a similar size and nature
with a modified minimum bill calculated to prevent any LP&L losses due
to the providing of the electric service. The monthly bill to the customer
before the credits •under Paragraph 2 shall not be less than 2.1% times
LP&L's installed equipment and facilities cost to serve the customer.
8. LP&L will install a detent on the watt-hour meter used to
register the electrical energy provided to the customer in order to prevent
reverse registration.
9. The Customer will pay LP&L 1 s costs in installing and providing
a watt-hour meter with a detent which will be used in register the elec-
trical energy the Customer will provide to LP&L. ·
10. The Customer ~ill at all times be in compliance with all rules and
regulations of LP&L and with all rules, regulations and ordinances of
the City of Lubbock.' This specifically includes obtaining a zoning variance
from the Zoning Board of Adjustment, if Installation of the facilities would
be in violation of zoning ordinances.
11. .Authorized LP&L employees will have the right to enter upon
the Customer's property at any reasonable time for the purpose of inspecting
or servicing the facilities and making additional tests to ensure tnelr con-
tinued safe operation and the accuracy of its meter, but such inspections
sha11 not relieve the Customer from his ohfigation to maintain the facilities
in satisfactory operating condition.
12. The data gathered by LP&L through the use of LP&L's metering
facilities will be available to all Customers as may be required by law.
-2-
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: .: ~· t • ~ ' .. ~ /l
,.,.
13. If, in the sole judgment of LP&L, the operation of the wind
system is determined to be detrimental to LP&L 1s other customers, or its
equipment or Its operating procedures, LP&L may notify the Customer to
disconnect the facilities from LP&L 1s system and in the event the
Customer fails to immediately comply with such notice, LP&L may dis-
continue service to the Customer until the facilities are disconnected.
11§. The Customer will indemnify, protect and hold harmless LP&L,
its officers, agents and employees against all claims, demand,loss, damage,
cost, expense and liability resulting from injury to or death of. any person
or damage to any property, arising out of or in any way connected with the
performance of this agreement, including any claims, demands, loss, damage,
expense and liability proximately caused or contributed to by the negligence, .
whether active or passive, of LP&L, excepting only that which may be caused
by the sole negligence or willful misconduct of LP&L.
15. No assignment of this agreement or of ~ny right accruing hereunder
shall be made, in whole or in part, by Customer wtthout the prior consent of
LP&L.
16. This agreement shall become effective immediately upon the execution
hereof and shall continue in effect until terminated (except as to paragraph
13 If applicable) by either party upon thirty (30) days written notice given
to the other party.
IN WITNESS WHEREOF, l P&l and ----=--=--=-----:-:-----:,-----::------have executed this agreement as of the date first above written. ---
Executed this ____ day of _________ ,19 __ •
ATTEST: CUSTOMER
By _________________ ___
Its
ATIEST:
LUBBOCK POWER AND LIGHT
By ____________________ __
Its
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CITY OF LUBBOCK
MEMO
TO: .Larry J. Cunningham, City Manager
FROM: Donald G. Vandiver, Assistant City Attorney
SUBJECT: Comment on Agenda Item Regarding Electric Rates for LP&L and SPS
DATE: June 27, 1980
Electric rates for LP&L and SPS presently are established by means of a
City ordinance and it bas occurred to me that perhaps it would be well advised
for housekeeping reasons to amend that portion of the Code of Ordinances to
provide·that electric rates shall be established by means of an "order" as
required by the PURA for SPS and South Plains Co-Op or by means of a resolution
for LP&L. I don't feel that it would be good practice to attempt to supercede
an ordinance with a resolution or order, even though the PURA bas drastically
changed 'this area of the law since the passage of the. present rate ordinance in
1975.
Part of the problem is that if the Council as a regulatory agency enters
an "order" for SPS,· it can be effective immediately, but if LP&L's rates continue
to be set by ordinance, there is a City Charter provision that prohibits setting
utility rates as an emergency ordinance, which would keep LP&L always two weeks
behind SPS so long as the policy of considering rates for both power companies
at the same time is continued. John Ross and I feel that the easiest way to
keep things even is not to set rates for any electric utility by ordinance.
The proposed amendment, which I have prepared for emergency passage in
connection with the decision in the SPS and LP&L rate case, will get the language
in the Code of Ordinances more in keeping with the PURA and will keep all
electric companies on an even keel with regard to effective dates of rate
changes.
c::=fl~ l1.1~)R.j1
Donald G. Vandiver
DGV/pg
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The State of Texas
Countv of Lubbock
i•
Before me, Gilbert Ortiz, a Notary Public in and for Lubbock
County,, Texas on this day personally appeared Bidal Aguero of
Amigo \Publications, publishers ·of El Editor, weekly newspaper,
who be'ing by me duly sworn did depose and say that said news-
paper !has been published continuously for more than fifty-two
weeks prior to the first insertion of this City Ordinance No.
#8071 ·at Lubbock County, Texas and the attached
printed copy of the City Ordinance is a true copy of the origin-
al and', was printed in El Editor on the following dates: July 18
and \i25, 1980
Amigo fublications
Subscribed and sworn to before me this lz..tl..day of fb.tg u.s T, 1980.
NotaryjPublic
(
.··· • ·c,~cli~-~~c~ N"o. 8or1' · ' •· · .;tablishlng rates ihal~ ': fll~:~~ ·
An nrdinance amendiOQ Sec.H:1 ~he City S!!crtrtarv o e tttlel,qe of Qrdinancil&{)fttte C1ty n.ubbQ:ck. . whe.re such o~ders h~~
1of. Lutlbock,, Texa:i; · j;rovldlng a ·resolutions es~blishlng r .es sbll
laavlnga . ~lt~Ull!l; provldi~g. for , be kept available for pu. · c
!public!ltJ<>;n. tl~d de~lermg 1"·· 1"~e':~0;4. That thetectthat public
; emergencyOAINEO BY. TI-lE f;:ITY .necessity end convenience reqwes '· ~~Jk?c•; OF . TI-lE ·CITY ; OF that this Ordinance be passed as~~ f CK:\·· . . · emergeOfY measure for reasons se •
; LUB~'?on 1 That Sec 11-1 of the forth in the preamble her eo,, the rule · ic::e ~~ O~<li(lances ~~ tj'le C:ltY ol requiring that no ord~':~'~J:!hd!l \: .
:: LUbbock,':Te~. BE al'ld Is .hereby. fim!lly p~ed on t d <I and this r i:teifto reed as follows: IntroductiOn be suspen e • :'an;;: 11·1 Rates for service Ordinance Ia decl11red to beH: · ! furnished 11'1 city. , : . ; , ,., ,, · · emergency m~dre to 1e~e. e
•, , ·flatell to );)e'C:harged Jor .electric from and after ··• passeg:RED ~iervicefumlshedwlthinthecltyshall AND lllS.SOCORD 'I thu; 10th t be 11'1 accordance with orders or Passed by Ctty ounCI ·
1 resolutiQf'IS: ol the City council day of July. 198~. McAr t . _Mayor
t t · ·:suc.h rates for all ts/8111 ts er. 15 1Jrrf'llt~, ·or,' :corporations I.TTEST: . ' . P il'llt:im!Shing .such elect~ic /atEvelyn Gaflge City Secretary· .
' ower service tb the public, Treasurer ... · .· .. . ;fncludlng electric power. turnished AI'PROVED AS TO FORM.
l bytheclty'aelectrlcpowercompany, /!1/00nald G. Vandiver,
:, Said orders or. resolutions 'Aast. City Attom,ey -~-