HomeMy WebLinkAboutOrdinance - 2003-O0066 - Amendi Chpt. 9; Add Art. II, Sec. 9-30, Installation/Cost Recovery For Electric - 06/19/2003First Reading
June 19, 2003
Item No. 15
ORDINANCE NO. 2003-00066
Second Reading
July 10, 2003
Item No. 13
AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE
III, SECTIONS 9-30 THROUGH 9-36 TO THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK BY PROVIDING INSTALLATION AND COST
RECOVERY FOR ELECTRIC UTILITIES PROVIDING UNDERGROUND
ELECTRI C UTILITY DISTRIBUTION SERVICE FOR NEW RESIDENTIAL
DEVELOPMENTS WHEN FIVE OR MORE CONTIGUOUS LOTS ARE
SCHEDULED FOR IMMEDIATE DEVELOPMENT; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, pursuant to Section 33 .001 of the Texas Utilities Code, the City of
Lubbock has exclusive original jmisdiction over the rates, operations, and services of an
electri c uti lity in the municipality; and
WHEREAS, Lubbock Power and Light is the City of Lubbock's municipally
owned electric utility; and
WHEREAS, the Ci ty Council of the City of Lubbock deems it to be in the best
interest of the citi zens of the City of Lubbock to provide for a cost recovery mechanism
fo r electric utilities or muni cipal owned utilities who install and/or provide underground
electric utili ty distribution to new residential developments within the corporate limits of
the City of Lubbock when five or more contiguous lots are sched uled for immediate
development; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
SECTION 1: THAT Chapter 9 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended by add ing Article TU, sections numbered 9-30 through 9-36,
which said sections shall read as follows:
Section 9-30. Scope.
This arti cle shall apply to all electric uti lities, as that te1m is
defined in the Texas Utility Code, and municipally owned utilities
operating within their certifi cated service teITitory within the corporate
limits of the City of Lubbock (collectively referred to herein as "utili ty").
Section 9-31. Applicability.
A utility subj ect to thi s artic le shal l apply the following sections of
this article when providing underground electric utili ty distribution service
to new residential developments when fi ve or more contiguous lots are
scheduled for immediate development under the fo llowing guidelines:
a. This article shall apply to any person who proposes a final
plat within the corporate limits of the City of Lubbock for
single or multi-family residential dwelling units (referred to
herein as "developer").
b. The developer provides at no cost to the utility:
1. Right-of-way easements and covenants on the
owner's property that are satisfactory to the utility.
2. Site plan (streets, alleys, wet utilities, mechanical,
electric, plumbing and landscaping plans, etc.),
notice of construction start dates and constructi on
schedules that are reasonable and industry typical
for the type of work to be performed.
3. Survey points for grades, lot corners, street ROW,
all ey ROW, and other locations reasonably
necessary for installati on of the electric system.
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.
Section 9-32. Utility Cost Recovery.
The utility shall collect the following fees from the developer to
recover the cost of providing underground electri c distribution service to
developments subject to this article. The developer shall be required to
pay to the utility in advance of construction as an aid-to-construction for
underground electric distribution the foll owing fees with all measurements
being taken per the center I ine of the alley, easement or right-of-way:
Beginning: 7/1/2003:
7/1 /2004:
7/1/2005:
7/1/2006:
7/1/2007:
$12 per linear foot
$14 per linear foot
$16 per linear foot
$18 per linear foot
City Council will review the fee
structure outlined above and may by
resolution alter the fee structure to
reflect the actual costs incu1Ted in
providing underground utility
service.
If the developer is only d eveloping one side of the al ley, right-of-
way or utility easement in which the utilities will be placed, the developer
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will only be required to pay the utility seventy-five percent (75%) of the
above listed fees for providing underground electric utility service.
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 1st of each
subsequent year.
In multiply ce1iificated areas, the developer wi ll only be requi red
to pay the fees listed above to the utility it has initially requested to
provide electric servi ce to the development. However, while th e
developer will not be subject to the fees li sted in this ordinance, in no way
does this provision restrict or otherwise prohibit a utility from installing or
providing for electric service in areas in whi ch it is properly certificated.
Section 9-33. Ditching Work and Developer Credit.
The developer wi ll 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 tem1 inating al l wiring. By providing this work, the
developer shal I be credited $5 per li near foot from the cost of providing
underground utility service.
If the developer elects to provide the Ditching Work and in order
to be entitled to the credit, the developer must meet the fo llowing
req uirements:
a. The developer must provide each and every element of the
Ditching Work as defined (ditching, installation of the
cables, service pedestals and transfonner pads);
b. The developer may provide the Ditching Work or contract
to have the Ditchjng Work provided; and
c. All Ditching Work is required to meet the specifications of
the uti lity and subject to inspection and approval by the
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utility. Should the Ditching Work fa il to meet th e
specifications of the util ity, the utility shall provide written
notice to the developer what is required to correct all or
parts of the Ditchi ng Work. Should the developer refuse or
be unable to meet the specifications of the utility, the uti lity
may provide the Ditching Work and assess the developer
the actual cost for providing such work.
The utili ty 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
req uirements listed above and refuses or is unable to compl y with the
requirements li sted above, the developer may be required by the utility to
pay the $5 credit previously provided and assess any additional cost th e
utility may reasonably incur in completing the Ditching Work.
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 ut ility.
Section 9-34. Coordination with other utilities.
The developer and/or the utility may work with other types of
utilities (cable, telephone, etc.) to instal l their facilities, when appropriate,
in a joint trench and coordinate the installation of the electric utilities.
Section 9-35. Effect on other City policies.
This article is not intended as and is subj ect to any and all existing
wri tten ordinances and policies of the Ci ty of Lubbock, including, without
li mitation, the Underground Utilities Policy of 1977.
Section 9-36. Effective Date.
This article shall be in fu ll force and effect for all final plats filed
with the City of Lubbock on or after July 1, 2003.
SECTION 2: THAT the City Counci l 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 th e time requi red by law
preceding this meeting, that such place of posting was readi ly accessible at all times to
the general public, and that all of the forego in g was done as required by law at all times
during which this Ordinance and the subject matter thereof has been discussed,
considered and fom1ally acted upon.
The City Council further ratifies, approves and confim1s such written notice and
the contents of posting thereof.
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SECTION 3: THAT should any paragraph, sentence, clause, phrase, or word of
this Ordinance be declared unconstitutional or invalid for an y reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4: IHA T the C ity Secretary is hereb y authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative m ethod of
publication provided by law.
AND IT IS SO ORDERED
Passed by the City Counc il on the first reading on this 19th day of ____ _
June 2003 ----------' .
Passed by the City Council on the second reading on this 10th day of ____ _
_____ J_u_ly=--------' 2003.
ATTEST:
-----+-=~ ~
Reoecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ca1rnll McDonald,
Chief Executive Officer
Department of E lectric U tilities
City of Lubbock
APPROVED AS TO FORM:
M atthew L. Wade, Assistant City Attorney
ML W:ke/ccdocs/ AidConstruction.ord
July 3, 2003
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