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RESOLUTION NO. 14
A RESOLUTION OF THE CITY OF tiENNEDALE, TEXAS
AllOP"PING A GOAL IN ACCORDANCE WITH SENATE
BILL. 5 (SECTION 388.005, TEXAS HEALTH AND SAFETY
CODE) REGARDING THE CITY'S CONSUMPTION OF
ELECTRICITY BY CITY FACILITIES; DIRECTING THE
PREPARATION OF AN ELECTRIC F.NF.RGY
CONSERVATION PLAN; PROVIDING FOR REPORTING
TO THE STATE ENERGY CONSF,RVATiON OFFICE AND
DESIGNATING A CONTACT PERSON; PROVIDING AN
F,FFECTIVF, DATE.
~i'HEREAS, in 2001, the 77"` Texas Legisiahtre adopted Senate Biil 5 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 consurption 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
~~'HEREAS, 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 he measured against the baseline year of 2001, and (ii)
interpreted the term "facilities" to include any facility (inchiding street and stadium
lighting) that was "spinning and meter" on September 1, 2001; and
WHEREAS, "I'he 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 (~°io) each year for five years (beginning with
calendar year 2002).
NO~i%, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY" OF KENNEDALE, TEXAS:
Section 1. Reduction of Consumption of Electricity. The City Council does
hereby adopt as a goal for the City of Kennedale the reduction of the City's annual
constunption of electricity by the facilities (as defined herein) of the City by Gve percent
(5%) for each of five successive calendar years, beginning January 1, 2002 (calendar year
2002).
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A. The detei~nination of whether or not the stated goal for cach calcndar 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 (begimiing with calendar year 2002 and for each of the
four (4) successive years), the City Manager (or the Manager's designee) shall make such
comparison and report the results of the comparison to the City Council and, as may be
required, to SEGO 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 327LLp~Z 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. Electriciri~ Conservation Plan. The City Manager is hereby
directed to develop and to present to the City Council for its consideration an elecir-icity
conservation plan, for the City's facilities which plan shall have as its stated goal the goal
set forth in Scction 1 above.
Section 3. Reporting: Designation of Contact Person. The City Manager, or
the City Manager's designee, is hereby directed to file a tree and correct copy of this
Resolution with SECO, and is authorized to make and file such reports in comnection
herewith as maybe required by law. For purposes hereof and unless changed by the City
Manager, the contact person in connection with Senate Bill 5 shall be the City Manager
of the City.
Scction 4. Effective Date. This Resolution shall take effect from and after its
date of adoption.
PASSED AND APPROVED by the City Council of the City of Kennedale, Texas
this the ~~ day of , 2002.
Mayor
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