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HomeMy WebLinkAboutResolution - 2006-R0548 - Ammendment Ch. 2, Article 18 Code Of Ordinances - EUB - 11/09/2006Resolution No. 2006-RO548 November 9, 2006 Item No. 6.10 RESOLUTION WHEREAS, the Electric Utility Board has requested that the City Council amend certain portions of Chapter 2, Article XVIII of the Code of Ordinances of Lubbock, Texas; WHEREAS, Chapter 2, Article XVIII, Section 2-485 of the Code of Ordinances, City of Lubbock, Texas requires a public hearing be conducted, after notice of the public hearing is published, prior to amending any provision of Chapter 2, Article XVIII of the Code of Ordinances, City of Lubbock, Texas; and WHEREAS, pursuant to the procedures outlined in Section 2-485 of the Code of Ordinances, City of Lubbock, Texas, the City Council of the City of Lubbock deems that it would be in the best interest of the City of Lubbock and its municipally owned electric utility, Lubbock Power & Light, to call for a public hearing to consider the proposed amendments to Chapter 2, Article XVIII of the Code of Ordinances of Lubbock, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Mayor of the City of Lubbock BE and is hereby authorized and 2006 directed to call a public hearing on n �g m- to amend certain sections of Chapter 2, Article XVIII of the Code of Ordinances of Lubbock, Texas, as proposed in Exhibit A, which is attached hereto and incorporated herein as though set forth fully herein. 2. THAT the City Secretary publish notice of the date and time of the public hearing along with a complete copy of the proposed changes to Chapter 2, Article XVIII of the Code of Ordinances of Lubbock, Texas, in accordance with the procedures described in Chapter 2, Article XVIII, Section 2-485 of the Code of Ordinances of Lubbock, Texas. Passed by the City Council this ATTEST: Re cca Garz City Secretary 9th day of November , 2006. David A. Miller, Mayor APPROVED AS TO CONTENT: Lee Ann Durnbauld, City Manager APPROVED AS TO FORM: Matthew L. Wade Natural Resources Attorney �X iB1T Resolution No. 2006-RO548 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 24 OF THE CODE OF ORDINANCES, OUTLINING THE DUTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY; FURTHER DEFINING CONFLICTS OF INTERESTS AND PENALTIES ASSOCIATED THEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the Chapter 1, Article XII, Section 1 of the Lubbock City Charter establishes and outlines certain responsibilities and duties of the Electric Utility Board; WHEREAS, Chapter 1, Article XII, Section I of the Lubbock City Charter required the City Council of the City of Lubbock to pass an ordinance further detailing and outlining the duties of the Electric Utility Board; WHEREAS, on December 16, 2004, the City Council of the City of Lubbock passed Ordinance Number 2004-00140, amending Sections 2-479 through 2-485 of Chapter 2, Article XVIII of the Code of Ordinances, City of Lubbock, Texas detailing the duties and responsibilities of the Electric Utility Board and detailing the procedure for disbursing net revenues of the City's municipally owned electric utility; WHEREAS, the Electric Utility Board has requested that the City Council amend certain portions as of the above described ordinance as outlined herein; WHEREAS, Section 2-485 of the Code of Ordinances, City of Lubbock, Texas outlines the procedures for amending said ordinance; and WHEREAS, pursuant to the procedures outlined in Section 2-485 of the Code of Ordinances, City of Lubbock, Texas, the City Council of the City of Lubbock deems that it would 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 amending the Code of Ordinances of the City of Lubbock in the following manner; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION L THAT Section 2-484 (a) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 2-480. Members, Qualifications. a) The number of Board members and their terms are governed by Chapter 1, Article XII, Section 1 of the Lubbock City Charter and shall be considered officers of the City of Lubbock. No Board member shall serve more than three terms. However, for each Board member appointed whose original term was for one year or less, such original term shall not apply towards the three term term -limitation outlined herein. The City Council shall consider extensive business and/or financial experience as a qualification for serving on the Board as well as whether or not the individual is a customer of the City's electric utility provided that service with the City's electric utility is available. The Mayor or the Mayor's appointee shall serve as an ex officio, non-voting member of the Board. SECTION 2: THAT Section 2-482 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding subsection (e) to read as follows: e). To the extent authorized by law and subject to the City's Charter and Code of Ordinances, the Board shall be responsible for nominating individuals to the City Council for their consideration in appointing individuals to the Board and for appointing individuals to the West Draft 10-13-06 Page 2 of 7 Texas Municipal Power Agency. SECTION 3: THAT Section 2-484 of the Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: See. 2-484. Disbursement of Net Revenues a) Subject to Section 2-484(8), prior to paying any fee equivalent to a franchise fee, making any payment in lieu of taxes, and prior to disbursing any net operating revenues of the City's electric utility, the Board shall first fully meet all current bond reserve and fund obligations contained in any bond issuance and/or covenant for the City's electric utility. b) Subject to Section 2-484{8}, after providing for sufficient funds to meet the obligations contained in Section 2-484(a) above but prior to reimbursing any other fund of the City, paying any fee equivalent to a franchise fee, making any payment in lieu of taxes, and prior to disbursing any net operating revenues of the City's electric utility, the Board shall first fully fiend the following items: i) The Board shall maintain sufficient operating cash to satisfy all current accounts payable; ii) A General Reserve equal to the greater of four months gross retail electric revenue as determined by taking the average monthly gross retail electric revenue from the previous fiscal year or fifty million dollars ($50,000,000.00). This reserve fund shall be used for operational purposes, rate stabilization and for meeting the electric utility demand of any rapid or unforeseen increase in residential and/or commercial development. Draft 10-13-06 Page 3 of 7 C) Following proper funding of the above described funds, the Board shall pay to the City a fee equivalent to a franchise fee and payment in lieu of taxes as required by the City. This fee shall be equal to the lesser of the following: i) Five percent (5%) of the gross revenue generated from all retail electric sales; or ii) Fifty percent (50%) of net income from the most recent audited, unqualified annual financial statements, . d) Subject to the approval of the Board, any net operating revenues remaining shall be refunded to the ratepayers of the City's electric utility within six months following the fiscal year in which the net revenues are realized. Nothing contained in Section 2-484(8) shall be construed as a cap or limit on the refund outlined in this Section 2-484(d). e) This section shall be included in and become a part of each annual budget ordinance of the City of Lubbock.. f) Reserve amounts, franchise fees, payments in lieu of taxes and refunds to the ratepayers of the City's electric utility shall be based on audited, unqualified financial statements from the most recent completed fiscal year. g) Beginning with fiscal year 2006 — 2007 and subject to the approval of the Board, the City's electric utility may refund up to one million dollars and no/100 dollars ($1,000,000.00) to the ratepayers of the City's electric utility for marketing and competitive purposes as solely determined by the Board. SECTION 4: THAT Section 2-485 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: See. 2-485. Amendments. Draft 10-13-06 Page 4 of 7 a) To the extent authorized by law and subject to the City's Charter and Code of Ordinances, the Board shall be responsible for recommending any amendments to Chapter 2, Article XVIII of the Code of Ordinances of Lubbock, Texas. b) The City Council shall not amend, alter, delete or change any provision contained in this ordinance without first conducting a public hearing following proper notice as described below. c) Prior to conducting a public hearing as described above, the City Council shall provide notice of such hearing. The notice must state clearly the time and place of the hearing and must clearly state the proposed amendment, alteration or change. The notice must be published at least thirty days before the date for public hearing and at least once a week for three consecutive weeks. The last day of publication must not be less than one week or more than two weeks before the date of the hearing. The notice must be published in a newspaper of general circulation and that is published at least six days a week in the city of Lubbock. 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. Draft 10-13-06 Page 5 of 7 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 day of 12006. Passed by the City Council on the second reading on this day of , 2006. David A. Miller, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: W.R. Collier, Chairman Draft 10-13-06 Page 6 of 7 Electric Utility Board Gary Zheng, Director of Electric Utilities APPROVED AS TO FORM: Matthew L. Wade, Natural Resources Attorney L:/cityatt/matt/Elee Util Board Ordinance 10-02-06 Draft 10-13-06 Page 7 of 7 D2 LUBBOCK AVALANCHE -JOURNAL, Thursday, November 16, 2006 Entertainment/ Tickets TECH V. OSU 2 TICKETS, 50YD, HOME SIDE, 360.130 EACH . 241-615-9812 1 • Lost &Found Found 4 Month Old Male Black & White Dog In The Vicinity Of 60th & Upland. Free To Good Home If Not Claimed. Call 722-2160 FOUND around 30Th & Milwaukee. Small tan male dog w/ long hair, curly fur, very sweet & playful. Call 786-2901 or 787-7742 Found Small in emale mixed breed dog. Vicof 25th and Memphis. Coli 441-9233 lulabockonline.com/clossified FOUND YOUNG FEMALE SHEPHERD MIX? AT 98TH AND CHICAGO. CALL TO IDENTIFY 806-794-4558 Lost Female German Shepherd. Approx. 4 Years Old. Call 877-385.6349 LOST' 62nd & l9in neo LOST' an rrE ane Med Grey/Black Lab 806-368.8302 Or 817.219-5160 LOST!! Lang -Haired Female Grey Cat W1 White Face Markings, Broken Tall. 36th & Quaker Vicinity. 806-392-5245 LOST: Border Collie Male, Black & White, Long -Hair, Red Collar. 26th & Indiana CE Lost & Found - LOST: IN THE VlCINJTY OF 30TH & AVE. A. A TAN & WHITE DACHSHUND PLEASE CAL .806-928-0407 LOST: MALE BLUE HEELER MIX WITH RED COLLARAROUND 11& TOLEDO CALL 806 793.5 Monuments/ Cemetery Lots Resthaven-4 Adjoining Plots Sec -N Boughl In 1954. 325-647-0321 FarirURanch Equipment NEED A NEW HOUSE? CHECK OUT A -J CLASSIFIEDS TODAY! 1 -Gooseneck, 1 -Car Hauler a 2 -utility Trailers, (All Ill 4640 John Deere 806-236-8186 A&L 2 Dump Boll Buggy, Vane, Single Axel,,Witil Swing Tongue. Green and Black, Ready to Ga! Delivery Passible. $6950 Coll Anytime 432-517-0327 14' Miller Tandle For Sale Call 495.5219 Farm /Ranch Equipment Automate your bush hog big 12 crust buster or KBH module builder. Computer controlled no external moving parts. Complete systems installed under $5,500. Danny Caddell Module Automation Systems Submit Your A A -J Classified Ad Online At: .ww.lubbockanllne. coni classified '06 7460 6 row, 100 Hours. Crust Buster Bowl Buggy Tractors: 8100-94-4960-4760-4560-4555 Big Twelve Builder, $11,750 Other Traders AvoilablE. Call Bill - 792-0759 CELL 781-9105 LEGALS Notice is given that u public hearing will he held in the City ,Council Chmnbtum City Ball. 1625 13th Sweat. City of Lubbock. an the 19th day of December, 21706 at 10:00 o'clock a.m. The City Council of the City of Lubbock. will, at that time, consider amending the Code of Ordinances. Chapter 2. Article XVnI, entitled "Electric Utility Board" as follows, ORDINANCE NO. - AN ORDINANCE AMENDING ARTICLE XVU1 OF CHAPTER 20 OF THE CODE OF ORDINANCES, OUTLINING THE DITTIES AND RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING FOR THE DISBURSEMENT OF REVENUES OF THE CITY'S ELECTRIC UTILITY; FURTHER DEFINING CONFLICTS OF INTERESTS AND PENALTIES ASSOCIATED THEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the Chapter I, Anicle XII, Section 1 of the Lubbock City Charter establishes and outlines certain responsibilities and duties of the Electric utility Board; WHEREAS. Chapter t. Article XII, Section I of the Lubbock City Charter required the City Council of the City of Lubbock to pass an ordinance further detailing and —dining the duties of the Electric Utility Board; WHEREAS. on December 16, 241114, the City Council of the City of Lubbock passed Ordinance Number 2004-00140, amending Sections 2- 479 through 2485 of„Chapter 2. Article XVIII of the Code of Ordinances. City of Lubbock. Texas detailing the duties and responsibilities of the Electric Utility Board and detailing the procedure for disbursing net revenues of the City's municipally awned electric utility; WHEREAS. the Electric Utility Board has requested that the City Council amend certain portions as of the above described ordinance as outlined herein: WHEREAS. section 2-485 of the Code of Ordinances. City of Lubbock. Texas outlines the procedures for amending said ord'utanar: and WHEREAS, pursuant tot he procedures outlined in Section 2-485 of the code of Ordinances, City of Lubbock. Texas, the City Cound I of the City of Lubbock deems that it would 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 Poi% or & Light by amending the Cade of Ordinanovs of the City of Lubbock in the Following manner. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION I: THAT Section 2-480 (a) of the Code of Ordinances, City of Lubbock. Texas, is hereby amended to read as follows: pec. 2480. Members, Qualifleations. a) The number of Board members and their terms are governed by Chapter I, Article XII, Section I of the Lubbock City Charter and shall be considered officers of the City of Lubbock. No Board member shall serve more than three terms. However, for each Board member appointed whose original term was for one year or less, such original term shall not apply towards the three term term -limitation. outlined herein. The City Council she]] consider extensive business arl Financial experience us a qualification for serving on the Board as well as whether or not the individual is a customer of the City's electric utility provided that service with the City's electric mility is available. The Mayor or the Mayor's appointee shall serve as an m officio. non-vaing member of the Board - SECTION 2: THAT Section 2-482 of the Cade of Ordinances, City of Lubbick. Texas. is hereby amended by adding subsection(e) te, read as [allows- v). To the extent authorized by law and subject to the Cily's Charter and Code of Ordinances, the Board shall be responsible for nominating individuals to the City Council for their consideration in appointing individuals to the Board and for appointing individuals to the West Texas Municipal Power Agency. SECTION 3- THAT Section 2-484 of the Code of Ordinances. City of Lubbock., Texas, is hereby amended m rend as follows: Sec. 2.484. Disbursement of Net Revenues W Subject to Section 2484 (g), prior to paying any fee equivalent to a franchise fee, making any payment in lieu of taxes. and prior to disbursing any net operating revenues of the City's electric utility, the Board shall first rally meet all current bond reserve and fund obhgminns contained in any bond issuance mdlor convenant for the City's electric utility. b) Subject to Section 2-484 (g). after providipg for sufficient funds to meet the obligations contained in Section 2-484 (e) above but prim to reimbursing any other. fund of the City. paying any fee equivalent to a franchise fee. making any payment in lieu of taxes., and prim to disbursing any net operating revenues of the City's electric utility, the Board shall First fully fund the fallowing items: I The Round shall mainmin sufficient operating cash to satisfy all current accounts payable; i0A General Reserve equal to the greater of fumy months gross retail electric revenue as determined by taking the average monthly gross retail electric revenue from the previous fiscal year or fifty million dollars ($50,000,000.00). This reserve fund shall be used for operational purposes, rate stabilization and for meeting the electric utility demand of any rapid or unforeseen increase inresidential and/or commercial development. cl Following ptoper fuading of the above daseribed funds, the Board shall pay to the City a fee equivalent to a franchise in and payment in lieu of taxes as required by the City. This fee shall be equal to the lesser of the following: i1 Five percent (5%) of the gross revenue generated from all retail electric Saves; or OFtfty percent (50%) of net income from the mast recent audited., unqualified annual financial statements. J) Subject to the approval of the Board, any net operating revenues remaining shall be refunded to the ratepayers of the City's electric utility whithia six months following the fiscal year in which the rat revenues are realized. Nothing contained in Section 2484 (g) shall be construed as a cap or limit on the refund outlined in this Section 2484 Id). e) This section shall be included in and become a part of each annual budget ordinance of the City of Lubbock. f) Reserve amounts, franchise fees, payments in lieu of taxes and refunds to the ratepayers of the City's electric utility shall be based on audited, unqualified financial statements from the most recent completed fiscal year. Found: Small Sized Mole Mixed Breed - White with ton Spots, Has choker chain - Tail is docked Near 10th & Iola - Coll 787-2272 ORDINANCE NO, 20 0110 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE VIII OF THE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 16-251 ESTABLISHING AN EXEMPTION FROM THE PAYMENT OF FEES OR PENALTIES IMPOSED BY THE CITY OF LUBBOCK FOR PARKING IN A PARKING GARAGE OR LOT OR IN A SPACE WITH A LIMITATION ON THE LENGTH OF TIME FOR PARKING, ADOPTING SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION, ORDINANCE NO. 2006-00112 ORDINANCE NO. 2006-00113 AN ORDINANCE AMENDING ZON I NG OR DI NANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FO LLOW I NG C HANGES: ZONE CASE NO. 1335-4; A ZONING CHANGE FROM R-1 TO M-! ZONING ON LOTS 23-25,DEL PRADO ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishoble by tine not to exceed Two Thousand and No/100 Dollars ($2,ODO.00) as provided In Section 29-31 of the Zoning Ordinance of the City of Lubbock. ORDINANCE NO. 2006-00114 AN ORDINANCE AMENDING ZONING ORDINANCE N.O. ING CHANGE FROM R-1 ED ON 29 SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No100 Dollars ($2,000.00} as provided In Section 29-31 of the Zoning Ordinance of the City of Lubbock. Nothing Is Too Big Or Small To Sell In The A -J Classifieds! Call 762-3333. Application has been made with the Texas Alcoholic Beverage Commission for a Wine only Package Store Permit by Thomas Paul Melton and James Curtis Melton dba BJ's Racer nnA Winn