This division shall apply to all persons owning and/or operating commercial properties (referred to in this division 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 Utilities Code, or a municipally owned utility, each operating within their respective certificated service territories within the corporate limits of the City of Lubbock (collectively referred to in this division as “utility”).
(1983 Code, sec. 9-40; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004)
A customer owning a commercial property within the corporate limits of the City of Lubbock that is one acre or less in size shall be subject to the following provisions:
(1) 
The customer shall install, own and maintain and be solely 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.
(2) 
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 install any and all utility equipment necessary to provide proper electric utility service to the customer.
(1983 Code, sec. 9-41; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004)
A customer owning a commercial property within the corporate limits of the City of Lubbock that is more than one acre in size shall be subject to the following provisions:
(1) 
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.
(2) 
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:
(A) 
The utility shall collect from the customer thirteen dollars and forty cents ($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. Additionally, on behalf of the city’s municipally owned electric utility, Lubbock Power and Light, the electric utility board can request that this fee be adjusted by the city as it applies to Lubbock Power and Light to reflect the actual costs incurred by Lubbock Power and Light. These adjustments, if any, will go into effect on October 1 of each subsequent year.
(B) 
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 of the utility, the utility may provide the ditching work and assess the customer the actual cost for providing such work.
(C) 
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.
(D) 
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.
(1983 Code, sec. 9-42; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004; Ordinance 2012-O0027, sec. 1 (ex. A), adopted 4/10/2012)
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 division. 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.
(1983 Code, sec. 9-43; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004)
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.
(1983 Code, sec. 9-44; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004)
This division 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.
(1983 Code, sec. 9-45; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004)
This division shall be in full force and effect for all final plats filed with the City of Lubbock on or after October 1, 2004.
(1983 Code, sec. 9-46; Ordinance 2004-O0100, sec. 1, adopted 9/28/2004)