This division and division 3 of this article provide for the location and routing of transmission lines in an orderly manner compatible with environmental preservation and the efficient use of resources, and permit the city to choose locations that minimize adverse human and environmental impact while insuring continued system reliability and integrity and insuring that all the city’s needs are met and fulfilled in an orderly and timely fashion.
(Ordinance 96-05-20-2, sec. 1, adopted 5/20/96)
This division and division 3 of this article shall apply to all utilities which own or operate or plan to own or operate electric transmission lines within the next fifteen (15) years within the corporate limits of the city or its extraterritorial jurisdiction; provided, however, that those public utilities over which the public utility commission is authorized to and does in fact exercise plenary and preemptive jurisdiction pursuant to the V.T.C.A., Utilities Code, chapter 11 et seq., and the rules and regulations promulgated pursuant thereto with respect to all substantive matters involving or relating to electric transmission projects shall be exempt from the provisions of this division; provided further, however, that mere possession of a certificate of convenience and necessity shall not entitle its holder to such exemption.
(Ordinance 96-05-20-2, sec. 1.01, adopted 5/20/96)
(a) 
Each utility which owns or operates or plans within the next fifteen (15) years to own or operate transmission lines in the city shall develop forecasts as specified in this section. On or before July 1 of each even-numbered year, each utility shall submit a report of its forecast to the city. The report may consist of appropriate portions of a single regional forecast and may be jointly prepared and submitted by two or more utilities and shall contain the following information:
(1) 
Description of the tentative regional location and general size of all transmission lines to be owned or operated by the utility during the ensuing fifteen (15) years or any longer period the city deems necessary;
(2) 
Identification of all existing transmission lines projected to be removed from service during any fifteen-year period or upon completion of construction of any transmission lines;
(3) 
Statement of the projected demand for services in the city for the ensuing fifteen (15) years and the underlying assumptions for this forecast, such information to be as geographically specific as possible where this demand will occur;
(4) 
Description of the capacity of the system to meet projected demands during the ensuing fifteen (15) years;
(5) 
Description of the utility’s relationship to other utilities and regional associations, power pools or networks; and
(6) 
Other relevant information as may be requested by the city.
(b) 
On or before July 1 of each odd-numbered year, a utility shall verify or submit revisions to items under subsections (a)(1) and (2) of this section.
(Ordinance 96-05-20-2, sec. 1.02, adopted 5/20/96)
The city shall promptly initiate a public planning process where all interested persons can participate in developing the criteria and standards to be used by the city in preparing an inventory of large transmission lines and to guide the site and route suitability evaluation and selection process. The participatory process shall include, but should not be limited to, public hearings. Before substantial modifications of the initial criteria and standards are adopted, additional public hearings shall be held.
(Ordinance 96-05-20-2, sec. 1.03, adopted 5/20/96)
Before any transmission line is permitted by the city, the electrical utility serving the city shall present an inventory of transmission lines to the city.
(Ordinance 96-05-20-2, sec. 1.04, adopted 5/20/96)
A utility shall apply to the city in a form and manner prescribed by the city for a permit for the construction of a transmission line. The application shall contain at least two (2) proposed routes. The city shall study and evaluate the type, design, routing, right-of-way, preparation and facility construction of any route proposed in a utility’s application and any other route the city deems necessary which was not proposed. Within six (6) months after the city’s acceptance of a utility’s application, the city shall decide in accordance with the criteria and standards specified herein which proposed route is to be designated. The city may extend for just cause the time limitation for its decision for a period not to exceed one hundred eighty (180) days. When the city designates a route, it shall issue a permit for the construction of a transmission line specifying the type, design, routing, right-of-way preparation and facility construction it deems necessary along with any other appropriate conditions. The city may order the construction of transmission line facilities which are capable of expansion in transmission capacity through design modifications. No transmission line shall be constructed except on a route designated by the city.
(Ordinance 96-05-20-2, sec. 1.05, adopted 5/20/96)
Any utility whose system requires the immediate construction of a transmission line may make application to the city for an emergency permit for the construction of transmission lines, which permit shall be issued in a timely manner no later than one hundred ninety-five (195) days after the city’s acceptance of the application and upon a finding by the city that a demonstrable emergency exists which requires immediate construction, and that adherence to the procedures and time schedules specified in this division would jeopardize the utility’s system or would jeopardize the utility’s ability to meet the needs of its customers in an orderly and timely manner. A public hearing to determine if an emergency exists shall be held within ninety (90) days of the application. The city shall, after notice and hearing, promulgate rules specifying the criteria for emergency certification.
(Ordinance 96-05-20-2, sec. 1.06, adopted 5/20/96)
To facilitate the study, research, evaluation and designation of routes, the city shall be guided by, but not limited to, the following responsibilities, procedures, and considerations:
(1) 
Evaluation of research and investigations relating to the effects on land, water, and air resources of transmission line routes and the effects of water and air discharges and electric fields resulting from such facilities on public health and welfare, vegetation, animals, materials and aesthetic values, including baseline studies, predictive modeling, and monitoring of the water and air mass at proposed and operating routes, and evaluation of new or improved methods for minimizing adverse impacts on water and air;
(2) 
Environmental evaluation of routes proposed for future development and expansion and their relationship to the land, water, air and human resources of the city;
(3) 
Evaluation of the effects of new transmission technologies and systems to minimize adverse environmental effects;
(4) 
Analysis of the direct and indirect economic impact of proposed routes to residential land lost or impaired;
(5) 
Evaluation of adverse direct and indirect environmental effects which cannot be avoided should the proposed route be accepted;
(6) 
Evaluation of alternatives to the applicant’s proposed route proposed pursuant to this division;
(7) 
Evaluation of potential routes which would use or parallel existing highway right-of-way;
(8) 
Evaluation of governmental survey lines and other natural division lines so as to minimize interference with residential use;
(9) 
Evaluation of the future needs for additional transmission lines in the same general area as any proposed route, and the advisability of ordering the construction of structures capable of expansion in transmission capacity through multiple circuiting or design modifications;
(10) 
Evaluation of irreversible and irretrievable commitments of resources should the proposed site or route be approved;
(11) 
Where appropriate, consideration of problems raised by other state and federal agencies and local entities.
(Ordinance 96-05-20-2, sec. 1.07, adopted 5/20/96)
The city shall hold appropriate public hearings in order to afford interested persons an opportunity to be heard regarding its inventory of transmission route study areas and any other aspects of the city’s activities and duties or policies specified in this division. Any person may appear at the hearings and present testimony and exhibits and may question witnesses.
(Ordinance 96-05-20-2, sec. 1.08, adopted 5/20/96)
(a) 
Advisory committee.
The city shall appoint one or more advisory committees to assist it in carrying out its duties. Committees appointed to evaluate routes considered for designation shall be comprised of as many persons as may be designated by the city. No officer, agent, or employee of a utility shall serve on an advisory committee.
(b) 
Public advisor.
The city shall designate one (1) staff person for the sole purpose of assisting and advising those affected and interested citizens on how to participate effectively in route proceedings.
(c) 
Scientific advisory committee.
The city may appoint one or more advisory committees composed of technical and scientific experts to conduct research and make recommendations concerning generic issues such as health, safety, underground routes, double circuiting and long-range route and site planning.
(Ordinance 96-05-20-2, sec. 1.09, adopted 5/20/96)