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HomeMy Public PortalAboutResolution No. 184-02 10-08-2002 184-0~, • RESOLUTION NO. A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS ADOPTING A GOAL IN ACCORDANCE WITH SECTION 388.005 OF THE TEXAS HEALTH AND SAFETY CODE (SENATE BILL 5) REGARDING THE CITY'S CONSUMPTION OF ELECTRICITY BY CITY FACILITIES; DIRECTING THE PREPARATION OF AN ELECTRIC ENERGY CONSERVATION PLAN; PROVIDING FOR REPORTING TO THE STATE ENERGY CONSERVATION OFFICE AND DESIGNATING A CONTACT PERSON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2001, the 77`h Texas Legislature adopted Senate Bi115 which, among other things, established Chapter 388 of the Texas Health and Safety Code entitled "Texas Building Energy Performance Standards"; and WHEREAS, Section 388.005 of Chapter 388 requires that a political subdivision, including a municipality: (i) implement "energy efficient measures" that meet the standards established for a contract for energy conservation under Section 302.004(b), Tex. Loc. Gov. Code, in order to reduce electric consumption by the existing facilities of the political subdivision, (ii) establish a goal to reduce its electric consumption by its facilities five percent (5%) each year for five years, beginning January 1, 2002, • and (iii) annually report to the State Energy Conservation Office (SEGO) regarding its efforts and progress in connection with reducing its use of electric power; and WHEREAS, SEGO, charged by Section 388.005 to "provide assistance and information to political subdivisions to help the political subdivisions meet" their goals, has (i) determined that the goal of reducing electric consumption by five percent (5%) each year for five years is to be measured against the baseline year of 2001, and (ii) interpreted the term "facilities" to include any facility (including street and stadium lighting) that was "spinning and meter" on September 1, 2001; and WHEREAS, The City Council desires by the adoption of this Resolution, to among other things, adopt for the City the goal set forth in Senate Bill 5 of reducing the City's electric consumption by five percent (5%) each year for five years (beginning with calendar year 2002). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1: Reduction of Consumption of Electricity. The City Council does hereby adopt as a goal for the City of Richland Hills the reduction of the City's annual consumption of electricity by the • • facilities (as defined herein) of the City by five percent (5%) for each of five successive calendar years, beginning January 1, 2002 (calendar year 2002). A. The determination of whether or not the stated goal for each calendar year has been met shall be made by comparing (i) the consumption of electricity (measured in number of kilowatt hours) by the facilities of the City for the calendar year in question (beginning with calendar year 2002) with (ii) the consumption of electricity by such facilities for calendar year 2001. As soon as reasonably practical following the end of each calendar year in question (beginning with calendar year 2002 and for each of the four (4) successive years), the City Manager shall make such comparison and report the results of the comparison to the City Council and, as may be required, to SECO or its successor and to other government agencies. B. For purposes of this Resolution and the comparison described in paragraph A. of this Section 1, the total consumption (kwh) of electricity by the facilities of the City for 2001 was kwh. C. For purposes of the comparison, the term "facilities" includes any facility of the City (including without limitation street and stadium lighting) that was "spinning the meter" on September 1, 2001. Any new, modified or expanded City facilities (including, without limitation, any buildings, street lighting, or any other improvements of the City) constructed, placed, or otherwise added by the City after September 1, 2001 are not "facilities" subject • to this Resolution and shall not be included for purposes of the comparison described in Section 1.A. above or for any other purpose. SECTION 2 Electricity Conservation Plan. The City Manager is hereby directed to develop and to present to the City Council for its consideration an electricity conservation plan, for the City's facilities which plan shall have as its stated goal the goal set forth in Section 1 above. SECTION 3 Reportin~~nation of Contact Person. The City Manager is hereby directed to file a true and correct copy of this Resolution with SECO, and is authorized to make and file such reports in connection herewith as may be required by law. For purposes hereof the contact person in connection with Senate Bi115 shall be the City Manager of the City. SECTION 4 Provisions Severable. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall • not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this • ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Effective Date. This resolution shall be in full force and effect from and after its passage and publication as required by law, and it is so ordaineddd. PASSED AND APPROVED ON THIS D~_ DAY OF , 2002. TH HONORABLE NELDA STRODER, MAYOR ATTEST: TERRI WILLIS, CITY SECRETARY • EFFECTIVE: • • APPROVED O FORM AND LEGALITY: TIM G. SRALLA, CITY ATTOT~ N W:\Richland Hills\Resolution\Energy Reduction Plan Resolution (Senate Bill 5).wpd • . ~ ~ ~ • facilities (as defined herein) of the City by five percent (5%) for each of five successive calendar years, beginning January 1, 2002 (calendar year 2002). A. The determination of whether or not the stated goal for each calendar year has been met shall be made by comparing (i) the consumption of electricity (measured in number of kilowatt hours) by the facilities of the City for the calendar year in question (beginning with calendar year 2002) with (ii) the consumption of electricity by such facilities for calendar year 2001. As soon as reasonably practical following the end of each calendar year in question (beginning with calendar year 2002 and for each of the four (4) successive years), the City Manager shall make such comparison and report the results of the comparison to the City Council and, as may be required, to SECO or its successor and to other government agencies. B. For purposes of this Resolution and the comparison described in paragraph A. of this Section 1, the total consumption (kwh) of electricity by the facilities of the City for 2001 was 5 ~3 33 `1 kwh. C. For purposes of the comparison, the term "facilities" includes any facility of the City (including without limitation street and stadium lighting) that was "spinning the meter" on September 1, 2001. Any new, modified or expanded City facilities (including, without limitation, any buildings, street lighting, or any other improvements of the City) constructed, placed, or otherwise added by the City after September 1, 2001 are not "facilities" subject • to this Resolution and shall not be included for purposes of the comparison described in Section 1.A. above or for any other purpose. SECTION 2 Electricity Conservation Plan. The City Manager is hereby directed to develop and to present to the City Council for its consideration an electricity conservation plan, for the City's facilities which plan shall have as its stated goal the goal set forth in Section 1 above. SECTION 3 Reporting. Desi gnation of Contact Person. The City Manager is hereby directed to file a true and correct copy of this Resolution with SECO, and is authorized to make and file such reports in connection herewith as may be required by law. For purposes hereof the contact person in connection with Senate Bill 5 shall be the City Manager of the City. SECTION 4 Provisions Severable. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall • not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this • • 1 L`~ ,Iv ~i ~ ~ ~,~~~r ,~~U ~ ~ i ~ ~ U~ -U •