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Home My WebLink AboutOrdinance - 2004-O0100 - Amending Chapt. 9 Guidelines For Commercial Properties - 09/16/2004l First Reading September 16, 2004 ItemNo. 17 ORDINANCE NO. 2004-oOlOO Second Reading September 28, 2004 Item No. 25 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE IV, SECTIONS 9-40 THROUGH 9-46 TO THE CODE OF ORDINANCES OF ' THE CITY OF LUBBOCK BY PROVIDING INSTALLATION GUIDELINES AND REQUIREMENTS for COMMERICIAL PROPERTIES OF ONE (1) ACRE OR LESS AND PROVIDING FOR INSTALLATION AND COST RECOVERY GUIDELINES FOR ELECTRIC UTILITY DISTRIBUTION SERVICE FOR COMMERCIAL PROPERTIES OF MORE THAN ONE (1) ACRE; PROVIDING 1 A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. I WHEREAS, pursuant to Section 33.001 of the Texas Utilities Code, the City of I Lubbock has exclusive original jurisdiction over the rates, operations, and services of an I electric utility in the municipality; and I WHEREAS, Lubbock Power and Light is the City of Lubbock's municipally owned electric utility; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to provide guidelines and regulations for . the installation and cost recovery for electric utilities or municipal owned utilities who install and/or provide electric utility distribution to commercial properties within the I corporate limits of the City of Lubbock such guidelines being based on the size of the commercial lot; 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 adding Article IV, sections numbered 9-40 through 9-46, which said sections shall read as follows: Section 9-40. Scope. This article shall apply to all persons owning and/or operating ' . commercial properties (referred to in this Article as "customer") within the corporate limits of the City of Lubbock and who receive electric utility service from either an electric utility, as that term is defined in the Texas Utility Code, or a municipally owned utilities each operating within their respective certificated service territories within the corporate limits of the City of Lubbock (collectively referred to in this Article as "utility''). Section 9-41. Applicability. A customer owning a commercial property within the corporate limits of the City of Lubbock that is one (I) acre or less in size shall be subject to the following provisions: (a) The customer shall install, own and maintain and be solely I II responsible for providing all underground secondary service conductors from the customer's facility receiving the electric service to the appropriate facilities of the utility located in the public right-of-way and as designated by the utility. (b) The customer shall, at no cost to the utility, grant, convey and/or otherwise devise to the utility any and all necessary right- of-way easements and/or covenants, if any, at or near the customer's property line so that the utility may properly instaU any II and all utility equipment necessary to provide proper electric utility service to the customer. Section 9-42. Utility Cost Recovery. A customer owning a commercial property within the corporate limits of the City of Lubbock that is more than one (1) acre in size shall be subject to the following provisions: (a) The utility shall provide overhead primary or secondary service, as determined solely by the utility, to the customer at no cost to the customer. Such overhead wires, equipment shall be installed, owned and maintained by the utility up to the customer's entrance fitting. (b) If the customer requests that underground service be provided by the utility, whether primary or secondary, the customer shall be subject to the following regulations: (I) The utility shall collect from the customer $13.40 per linear foot times the number of feet from the customer's facility receiving the electric service to the appropriate facilities of the utility located in the public right-of-way and as designated by the utility. The City may review this fee annually and may make any adjustments the City deems necessary to reflect the actual costs incurred by the utility. These adjustments, if any, will go into effect on October 1st of each subsequent year. (2) The customer, solely at the customer's cost and expense, shall provide all ditching/trenching services, backfill, compaction and install any and all transformer pads necessary to provide underground secondary service (collectively referred to as the "Ditching Work"). All Ditching Work is required to meet the specifications of the utility and subject to inspection and approval by the utility. Should the Ditching Work fail to meet the specifications of the utility, the utility shall provide written notice to the customer what is required to correct all or parts of the Ditching Work. Should the customer refuse or be unable to meet the specifications ofthe utility, the utility may provide the Ditching Work and assess the customer the actual cost for providing such work. (3) Once the Ditching Work is complete the utility shall install any and all equipment necessary to provide service to the customer. The customer shall, at no cost to the utility, grant, convey and/or otherwise devise to the utility any and all necessary right-of-way easements and/or covenants to the utility for the utility to properly serve, repair and maintain the equipment providing service to the customer. The service wires, equipment shall be owned and maintained by the utility up to the customer's entrance fitting. ( 4) Any and all other requests by the customer of the utility related to providing service to the customer (including but not limited to loop feeds, manholes, automatic transformer switches) shall be charged to the customer at the actual cost incurred by the utility for providing such service. I l. Section 9-43. Utility's Obligation The utility is under no obligation to energize the electric distribution line for secondary service until such time as the customer meets the specifications and requirements contained in this Article. If the customer fails to meet the requirements listed above and refuses or is unable to comply with the requirements listed above, the utility, solely at the discretion of the utility, may provide the necessary services and assess the customer the actual cost incurred by the utility in providing such services. Section 9-44. Coordination with other utilities. The customer and/or the utility may work with other types of utilities (cable, telephone, etc.) to install their facilities, when appropriate, in a joint trench and coordinate the installation of the electric utilities. Section 9-45. Effect on other City policies. This article is not intended as and is subject to any and all existing written ordinances and policies of the City of Lubbock, including, without limitation, the Underground Utilities Policy of 1977. Section 9-46. Effective Date. This article shall be in full force and effect for all final plats filed with the City of Lubbock on or after October 1, 2004. SECTION 2: 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 j designated place convenient to the public at the City Hall for the time required by law I preceding this meeting, that such place of posting was readily accessible at all times to I i 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, I considered and formally acted upon. ' The City Council further ratifies, approves and confirms such written notice and , the contents of posting thereof. SECTION 3: THAT should any paragraph, sentence, clause, phrase, or word of l this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4: THAT the City Secretary is hereby authorized and directed to j' cause publication of the descriptive caption of this Ordinance as an alternative method of I I II publication provided by law. AND IT IS SO ORDERED Passed by the City Council on the first reading on this 16th day September 2004 ------~~----------' . Passed by the City Council on the second reading on this 28th day ___ s_e=-p_temb __ e_r _______ , 2004. ATTEST: ig Qk/.b ~ Reb<;ca Garza, City Secretary V APPROVED AS TO CONTENT: ·~u_,~w~ Carroll McDonald, Director of Electric Utilities City of Lubbock APPROVED AS TO FORM: Matth w L. Wade, Assistant City Attorney , I ML W dccdocslcommercial distribution se<vice o'd 9-04b I m