[HISTORY: Adopted by the City Council of the City of Socorro 4-18-2016 by Ord. No. 16-03-21b. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Socorro
Industrial Corridor Competitive Electric Power Ordinance (S-Corridor
Power Ordinance)."
The purpose of this chapter is to provide for the efficient
delivery of reliable electric power service to the City, its industrial
park and the public at the lowest cost and, where feasible, at a competitively
determined price.
There is hereby created a municipally owned electric utility,
the Socorro Industrial Corridor Competitive Electric Utility, hereinafter
"S-Corridor Electric Utility," which shall be responsible for the
planning, development, production, purchase, sale, transmission and
distribution of electricity-related services by the City to the industrial
park or others, as may be required.
A.
Property and contracts. The City may:
(1)
Sell its products and services to the residents, both public and
private, of the City and others as may be permitted by law;
(2)
Construct and operate generating plants, transmission, distribution,
and other electric facilities;
(3)
Set electric rates and service policies and regulations;
(4)
Purchase real property and personal property; and
(5)
Enter into contracts, leases, and agreements in furtherance of its
powers and duties.
B.
Extensions of service. The City may adopt regulations governing extensions
of services of the S-Corridor Electric Utility. The regulations shall
provide the conditions under which the extensions shall be made to
render them compensatory and shall provide that each extension project
shall, when completed, become the property of the City whether on
public or private property. The S-Corridor Electric Utility may provide
for refunds where advances by the person benefitted are necessary
to make extensions compensatory.
C.
Joint operations with others. The City may enter into contracts and
agreements with any public entity, private corporation or any other
person, both inside and outside the boundaries of the City and state:
(1)
For the joint use of property belonging either to the City or to
the other contracting party or jointly to both parties;
(2)
For the joint acquisition of real and personal property, rights and
franchises and the joint financing, construction, and operation of
plants, buildings, transmission, distribution, and other facilities;
or
(3)
For the operation and management of the electric system of the S-Corridor
Electric Utility or any part thereof.
D.
Eminent domain. As granted by NMSA 1978, § 3-24-5, the
City may enter upon any land or water for the purpose of making surveys
and may exercise the right of eminent domain as provided by law when
the City determines that public interest, necessity or convenience
requires such action in furtherance of the S-Corridor Electric Utility.
E.
Use of thoroughfares and easements for utility installations. The
City may use the ground over, under, or along any road, railway, highway,
street, sidewalk, thoroughfare, alley, waterway or any other public
right-of-way in the operations of the S-Corridor Electric Utility
including the easements granted by NMSA 1978, § 3-24-4,
but shall in all cases, subject to the applicable general regulations
of the City, cause the surface of the public way to be restored to
its usual condition.
F.
Bond issues and other indebtedness. Subject to applicable state laws,
the City may authorize the issuance and sale of revenue bonds or other
types of indebtedness necessary to finance the condemnation, acquisition,
construction, improvement, and extension of the utility facilities
owned by the S-Corridor Electric Utility, including facilities owned
or operated jointly with others.
G.
Public information expenditures. The City may authorize reasonable
expenditures to inform the public of the policies, operations, programs
and plans of the S-Corridor Electric Utility.
H.
Existing obligations. Contracts and obligations relating to the utility
systems of the City incurred prior to the effective date of this chapter
shall not be impaired and shall be binding upon the City insofar as
they apply to the City.
I.
Remaining powers: to do and perform any and all remaining acts as
permitted by law as necessary to carry out the purpose of this chapter.
A.
The City may amend any provision of this chapter and may adopt the
regulations it finds necessary in the exercise of its police power
as may be necessary to effectuate such regulations.
B.
The City may amend this chapter when necessary to enable the S-Corridor
Electric Utility to pursue developments which may afford the opportunity
to provide more efficient and economical electric services.
C.
The City is authorized to use procurement processes to further the
public and corporate purposes of the S-Corridor Electric Utility.
