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CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
July 20, 2021
11:00 A.M.


 
The City Council of the City of Lubbock, Texas met in special session on the 20th of July, 2021, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas, and via video conference and teleconference at 11:00 a.m.

 
11:02 A.M.               CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas and via video conference and teleconference
Present:
Mayor Daniel M. Pope; Mayor Pro Tem Steve Massengale; Council Member Randy Christian; Council Member Jeff Griffith; Council Member Latrelle Joy; Council Member Shelia Patterson Harris; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver
  Council Member Latrelle Joy attended via video conference.
Absent:
Council Member Juan A. Chadis
This was a meeting of the Electric Utility Board. A quorum of Council Members attended and participated in discussions during the meeting in which the board considered the following topics as shown below.
 
Note:      The Electric Utility Board addressed agenda items in the following order:
  • Public Comments 1.1-1.2; Executive Session; 3.1-3.3.
  • No quorum, of the City Council, was present for all other items.

             
   1. PUBLIC COMMENT
             
   1.
This period, of up to thirty minutes, is dedicated to public comment. Each member of the public will have three minutes to speak. Any member of the public that requires the assistance of a translator will have six minutes to speak. Comments must be limited to only those items posted on the Electric Utility Board agenda. Any member of the public wishing to speak shall sign up on the public comment sheet on the day of the Electric Utility Board Meeting. The Electric Utility Board shall follow the order of persons wishing to speak as listed on the sign-up sheet. If everyone who signed up to speak has been given an opportunity to speak and the thirty minutes designated for public comment has not been exhausted, the Electric Utility Board may, at its discretion, open the floor to anyone else wishing to address the Electric Utility Board, subject to all the same procedures and guidelines.

No one appeared to speak.
             
   2.
Alternatively, any member of the public wishing to address the Electric Utility Board, regarding any matter posted on the Electric Utility Board Agenda, may submit a public comment by email at lplcitizencomments@mylubbock.us beginning at the time this agenda is publicly posted and no later than 9:00 a.m. on July 20, 2021. Each comment will be read aloud for a period of time not to exceed three minutes, in accordance with the practices and procedures of the Electric Utility Board.

There were no public comments submitted via email.
             
   2. EXECUTIVE SESSION

This meeting was called into a closed session at 11:04 a.m. under the provisions of Section 551, Texas Government Code. The meeting was called back into a public session at 1:23 p.m.
             
   1.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.086, to discuss and deliberate, on the following competitive matters of Lubbock Power & Light, reasonably related to the following categories:
             
   1.
Generation unit specific and portfolio fixed and variable costs, including forecasts of those costs, capital improvement plans for generation units, and generation unit operating characteristics and outage scheduling.
             
   1.
Discuss and deliberate generation unit matters.
             
   2.
Bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services and strategies.
             
   1.
Discuss and deliberate issues regarding Electric Reliability Council of Texas prices and related services and strategies.
             
   3.
Effective fuel and purchased power agreements and fuel transportation arrangements and contracts.
             
   1.
Discuss and deliberate purchased power matters
             
   4.
Risk management information, contracts, and strategies, including fuel hedging and storage.
             
   1.
Discuss and deliberate risk management strategies.
             
   5.
Plans, studies, proposals, and analyses for system improvements, additions, or sales (other than transmission and distribution system improvements inside the service area for which the public power utility is the sole certificated retail provider).
             
   1.
Discuss and deliberate plans, studies, proposals, and analyses for system improvements, additions, or sales.
             
   6.
Customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies.
             
   2.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.071, seeking the advice of its legal counsel about pending or contemplated litigation or settlement offers and hold a consultation with the attorney on matters in which the duty of the attorney to the Electric Utility Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Chapter 551 of the Texas Government Code: (i) legal advice and counsel regarding the Application of the City of Lubbock, acting by and through Lubbock Power & Light for authority to establish initial wholesale transmission rates and tariffs before the Public Utility Commission of Texas and the State Office of Administrative Hearings, PUC Docket No. 51100, SOAH Docket 473-21-0043, and associated Tariff Filing No. 52011, proceeding before the Public Utility Commission of Texas; (ii) legal issues regarding contract(s) herein listed on the agenda; (iii) legal advice and counsel regarding matters identified in Section 2.1-2.1.6 of this Agenda; (iv) legal advice and counsel regarding statutory changes and Chapter 551, Texas Government Code; (v) Schumacher v. City of Lubbock, Cause No. 2020-541,386, proceeding in the 72nd District Court of Lubbock County, Texas; (vi) legal advice and counsel regarding the City of Lubbock’s Note Purchase Program with Bank of America and legal issues regarding bond-related matters; (vii) claims related to alleged property damage on or about February 13-19, 2021; (viii) Federal Energy Regulatory Commission, Southwestern Public Service Company, Public Service Company of Colorado, Southwest Power Pool, Inc., Docket No. EL21-58-000; (ix) Federal Energy Regulatory Commission, Southwestern Public Service Company, Docket No. ER21-1901-000; and (x) Federal Energy Regulatory Commission, Southwestern Public Service Company, Docket No. ER21-2027-000.
             
   3.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.074 to deliberate the appointment, employment, evaluation, reassignment, and duties of a public officer or employee (Director of Electric Utilities, General Counsel, Chief Financial Officer/Assistant Director).
             
1:00 p.m. – Approximately - Following completion of the Executive Session, the Electric Utility Board will reconvene in open session to discuss the items listed below. It is anticipated that the open session will begin at 1:00 p.m. However, this is an approximation and the Board may begin the open session earlier or later depending on when the Executive Session is complete.
             
   3. REGULAR SESSION
             
   1.
The Board will approve the minutes from the Regular Electric Utility Board Meeting of June 15, 2021 and the minutes from the Special Meeting of the Electric Utility Board of July 12, 2021.
Motion by Edwin Schulz, seconded by Gwen Stafford, to approve the minutes from the Regular Electric Utility Board Meeting of June 15, 2021; and the minutes from the Special Electric Utility Board Meeting of July 12, 2021.
Vote: 8-0 Motion carried

Other: Greg Taylor (AWAY)
             
   2.
Presentation and discussion of the update/report by the Director of Electric Utilities, or his designee, regarding customer service, business center practices, procedures and policies, customer concerns and complaints, billing forms and procedures, status of generation, transmission and distribution projects, mutual aid, weather events, outage, and restoration efforts, staffing levels, personnel matters, regulatory matters, and operational performance metrics.

David McCalla, director of electric utilities, gave a presentation and answered questions from the Electric Utility Board.
             
   3.
Presentation and discussion of financial and capital statements, financing options, audits, and financial policies of Lubbock Power & Light relating to debt issuance issues, reserve account funding, cost allocation, revenue and expense projections, power cost recovery factor, customer metering, tariff and billing, service and administrative issues.

Ranu Manik, financial services manager for LP&L, gave a presentation and answered questions from the Electric Utility Board.
             
   4.
Presentation and discussion of a preliminary plan of finance related to the upcoming sale of Electric Light & Power System Revenue Bonds, Series 2021 and the related refunding of interim obligations.

*This item was deleted.
             
   5.
Discuss and the Board will take action on the Lubbock Power & Light FY 2021-22 Operating Budget and Capital Program and make appropriate recommendations to the City Council of the City of Lubbock pursuant to §2.03.415(a) of the Code of Ordinances, City of Lubbock, Texas.

*This item was deleted.
             
   6.
Discuss and the Board will take action on the Fiscal Year 2021-22 Electric Rate/Tariff Schedule and make appropriate recommendations to the City Council of the City of Lubbock pursuant to §2.03.415(a) of the Code of Ordinances, City of Lubbock, Texas.

*This item was deleted.
             
   7.
The Board will consider a budget amendment, amending the FY 2020-21 Operating Budget by increasing expenses in the Purchased Power cost center; increasing fund level expenses for the Franchise Fee Equivalent (FFE) payment and Payment in Lieu of Property Tax (PILOT); and increasing revenues for the Power Cost Recovery Factor (PCRF) and FFE.”

*This item was deleted.
             
   4. CONSENT AGENDA
             
   1.
The Board will consider a resolution authorizing the Chairman of the Electric Utility Board to execute that certain Third Amendment to Power Purchase Agreement, by and between the Texas Tech University System, acting by and through its Board of Regents (“TTU”) and the City of Lubbock, acting by and through Lubbock Power & Light (“LP&L”), amending that certain Power Purchase Agreement, by and between TTU and LP&L, dated April 28, 2005, amending the term and clarifying the price adjustment for electric service to be provided under the original Power Purchase Agreement, as amended by the First Amendment and Second Amendment to Power Purchase Agreement.

*This item was deleted.
             
   2.
The Board will consider a resolution authorizing the Director of Electric Utilities, or his designee, to execute a Public Works Contract by and between the City of Lubbock, acting by and through Lubbock Power & Light and Power Line Services, Inc., RFP# 7131-21-ELD, for LP&L Construction Services for Feeder Redesign at McCullough, COOP and Thompson Substations.

*This item was deleted.
             
   3.
The Board will consider a resolution authorizing the Purchasing Manager, or his designee, to execute Purchase Orders for RFP# 7133-21-ELD, line item 1 to American Wire Group and line item 2 to AK Tooling LLC for LP&L Overhead and Underground Cable.

*This item was deleted.
             
   4.
The Board will consider a resolution authorizing the Director of Electric Utilities, or his designee, to execute a Fifth Amendment to Professional Services Agreement, by and between the City of Lubbock, acting by and through Lubbock Power & Light, and TexHahn Media, Inc., a Texas corporation, d/b/a Hahn Public Communications, for professional services related to marketing campaigns, marketing social research, and other communications related activities.

*This item was deleted.
1:43 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, the meeting was adjourned.


 
The July 20, 2021 Special City Council Meeting minutes were approved by the City Council on the 14th day of September, 2021.

 
  ____________________________________
DANIEL M. POPE, MAYOR
ATTEST:
 
 
___________________________________
Rebecca Garza, City Secretary
 


*This item was discussed, by the Board, without a quorum of Council Members present.

    

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