§ 94-208. Payments for underground line extensions for residential development.

Developer will make payment to the system and/or the system will make payment to developer of multifamily dwellings and single-family detached housing subdivisions according to the following schedules and conditions by mutual agreement between system and developer as approved by the city-parish consolidated council:

(1)

Developer-constructed underground line extensions for multifamily dwellings (apartments, townhouses and condominiums). Payment of $100.00 per residential unit will be made to the developer for a contribution in aid of construction of the primary electrical system (high voltage distribution conductors, conduits, manholes, pullboxes, transformer pads, etc.) and approved street lighting along dedicated rights-of-way under the following conditions:

a.

The developer shall enter into an agreement with the system prior to commencing work.

b.

The developer shall provide and record easements for all facilities to be owned by the system upon acceptance of the construction work by the system.

c.

Upon completion and acceptance of the newly constructed facilities by the system, the developer shall donate all facilities to be owned by the system to the system.

d.

The system will provide the electrical system design and a copy of the system's "Standards for Construction" specifications for the required facilities to be constructed by the developer. The developer shall be responsible for providing the system with a reproducible quality plat of the development and for producing a compiled set of construction plans and specifications utilizing the system's design and standard specifications. Final plans and specifications shall be reviewed and approved by the system prior to commencement of construction to ensure that the system's standards have been satisfied. The developer shall be responsible for securing a qualified electrical contractor to construct the required system. A list of the electrical contractors preapproved by the director will be provided to the developer. The developer shall be responsible for inspection of the work during construction to ensure compliance with the system's standards of construction. It shall be the developer's responsibility to transport the transformers and any other equipment furnished by the system, from the system's warehouse to the development site. Any excess material shall be returned upon the completion of the construction. The developer shall be responsible for equipment lost or damaged through negligence, theft or vandalism. The system will not accept the construction work until all facilities are completed according to the approved plans and specifications or with changes approved by the system. All work shall be inspected and approved by the system, in addition to the developer's inspection, prior to acceptance. Changes in the originally issued plans and specifications shall be approved by the system prior to construction of these changes.

e.

The street lighting standards (poles), fixtures, mounting brackets, wiring, fuses and other associated equipment along dedicated rights-of-way shall be installed by the developer. All standards and fixtures shall be as per the system's approved standards (decorative or non-decorative) for residential lighting.

f.

Payment to the developer in the amount of $100.00 per residential unit shall be a contribution to partially compensate for the cost of installing the electrical distribution system. The $100.00 per residential unit contribution may be adjusted, at the discretion of the Director of the Lafayette Utilities System, from time to time in order to compensate for increases or decreases in said market prices or in order to allow LUS to remain competitive in providing electrical service to new multifamily developments.

g.

The facilities to be owned and maintained by the system upon acceptance shall include the primary conductors, terminations, transformers, switching cabinets, and approved street lights along dedicated rights-of-way. The developer will own and maintain the primary conduit, transformer pads, and manholes located on the complex site.

h.

Payment to the developer shall be made after all work is completed in accordance with plans and specifications.

i.

Should the developer require temporary electric service before permanent service is available to the development, the developer agrees to pay all costs for such service.

(2)

LCPCG-constructed underground line extensions for multifamily dwellings. Upon mutual agreement between the system and developer, the developer may enter into an agreement with the system whereby the system agrees to install underground electric facilities, and the developer agrees to make a payment to the system for the total costs of installation prior to the system installing the underground electric facilities. The system will then make payment to the developer, per subsection (2)(b), to partially compensate the developer for the cost of installing the electrical distribution system.

a.

In the event that the system installs the underground electric facilities, the following conditions shall apply:

1.

The developer shall enter into an agreement with the system prior to the system commencing work. The system shall not be obligated to commence work prior to 90 days after the date of execution of the agreement with developer.

2.

The developer shall provide and record easements for all facilities to be owned by the system upon acceptance of the construction work by the system.

3.

Upon completion and acceptance of the newly constructed facilities by the system, the developer shall donate all facilities to be owned by the system to the system.

4.

The system will provide the electrical system design and a copy of the system's "Standards for Construction" specifications for the required facilities to be constructed within the development. The developer shall be responsible for providing the system with a reproducible quality plat of the development and for producing a compiled set of construction plans and specifications utilizing the system's design and standard specifications. Final plans and specifications shall be reviewed and approved by the system prior to commencement of construction to ensure that the system's standards have been satisfied.

5.

The street lighting standards (poles), fixtures, mounting brackets, wiring, fuses and other associated equipment along dedicated rights-of-way shall be installed by the system. All standards and fixtures shall be as per the system's approved standards (decorative or non-decorative) for residential lighting.

6.

The facilities to be owned and maintained by the system upon acceptance shall include the primary conductors, terminations, transformers, switching cabinets, and approved street lights along dedicated rights-of-way. The developer will own and maintain the primary conduit, transformer pads, and manholes located on the complex site.

7.

The developer agrees to pay the system a certain sum total to be equal to the system's cost of installing said facilities, said cost based on the system's determination of the fair market price, and this payment shall be made prior to the system commencing work on the installation of the underground electric facilities.

8.

Should the developer require temporary electric service before permanent service is available to the development, the developer agrees to pay all costs for such service.

b.

In consideration of developer's payment to the system for the system's construction of underground electric facilities, developer is eligible to receive payment from the system of $100.00 per residential unit pursuant to subsection (1) for multifamily dwellings hereinabove. The $100.00 per residential unit contribution may be adjusted, at the discretion of the Director of the Lafayette Utilities System, from time to time in order to compensate for increases or decreases in said market prices or in order to allow LUS to remain competitive in providing electrical service to new multifamily developments. Payment to the developer shall be made after all work is completed in accordance with plans and specifications.

(3)

Developer-constructed underground line extensions for residential single-family detached housing subdivisions. Payment in the amount set out in this subsection will be made to the developer as a contribution in aid of construction of a complete electrical distribution system, which electrical distribution system shall include only standard non-decorative street lights.

a.

Developer shall obtain, and provide copies to the system of, no less than the three lowest competitive bids from a list of electrical contractors preapproved by the director. The competitive bids shall include all labor and material construction costs for the complete electrical distribution system (including only standard non-decorative street lights) for the subdivision. Payment will be made to developer in an amount equal to the lowest competitive bid (excluding any change orders) less $4.00 per front foot times the total front footage calculated per this subsection (3)a.1., a.2. and a.3. The $4.00 per front foot rate may be adjusted, at the discretion of the Director of the Lafayette Utilities System, from time to time in order to compensate for increases or decreases in said market prices or in order to allow LUS to remain competitive in providing electrical service to new subdivision developments. For the purpose of determining payment made to developer, total front footage shall be determined as follows:

1.

Add the front footage of all lots within the subdivision, except corner lots.

2.

Add the front footage of all corner lots within the subdivision and divide the sum by two.

3.

The sum of subsections (3)a.1. and (3)a.2. will be the value used as the total front footage of the subdivision.

b.

The payment by the system to the developer shall be made only after all electrical construction work is completed by developer and accepted by the system, in accordance with plans and specifications.

c.

The following conditions shall apply:

1.

The developer shall enter into an agreement with the system prior to commencing work.

2.

The developer shall provide and record easements for all facilities to be owned by the system upon acceptance of the construction work by the system.

3.

Upon completion of the newly constructed facilities by developer and acceptance of same by the system, the developer shall donate all facilities to be owned by the system to the system.

4.

The system will provide the electrical system design and a copy of the system's standards for construction specifications for the required facilities to be constructed by the developer. The developer shall be responsible for providing the system with a reproducible quality plat of the development and for producing a compiled set of construction plans and specifications utilizing the system's design and standard specifications. Final plans and specifications shall be reviewed and approved by the system prior to commencement of construction to ensure that the system's standards have been satisfied. The developer shall be responsible for securing an approved electrical contractor to construct the required system. A list of the electrical contractors preapproved by the director will be provided to the developer. The developer shall be responsible for inspection of the work during construction to ensure compliance with the system's standards of construction. It shall be the developer's responsibility to transport the transformers and any other equipment furnished by the system from the system's warehouse to the development site. Any excess material shall be returned upon the completion of the construction. The developer shall be responsible for equipment lost or damaged through negligence, theft or vandalism. The system will not accept the construction work until all facilities are completed according to the approved plans and specifications or with changes approved by the system. All work shall be inspected and approved by the system, in addition to the developer's inspection, prior to acceptance. Changes in the originally issued plans and specifications shall be approved by the system prior to construction of these changes.

5.

The street lighting standards (poles), fixtures, mounting brackets, wiring, fuses and other associated equipment shall be installed by the developer. All standards and fixtures shall be as per the system's approved standards for residential lighting. After acceptance of the construction, the system has the option of energizing only those lights which serve a permanent residence.

6.

Payment to the developer shall be a contribution to partially compensate for the cost of installing an electrical distribution system with standard non-decorative street lights such that the developer's final cost will be approximately $4.00 per front foot.

7.

The facilities to be owned and maintained by the system upon acceptance shall include the complete distribution system and street lighting constructed by the developer in accordance with this agreement. Electrical services (service laterals from the pedestal or transformer to the customer, whichever is applicable) for individual residences shall not be included in the contract for construction under this agreement. It is the responsibility of the developer, or assigned property owner, to install the service when the development is connected and to maintain the service after construction of the dwelling is complete. The system shall not assume ownership of any electrical services.

8.

Should the developer choose to select one of the system's approved decorative street lights for the subdivision, the developer agrees to pay the additional material costs associated with decorative street lighting; however, the system's contribution to the developer shall only be based on standard non-decorative street lights.

9.

Should the developer require temporary electric service before permanent service is available to the subdivision, the developer agrees to pay all costs for such service.

(4)

LCPCG-constructed underground line extensions for residential single-family detached housing subdivisions. Upon mutual agreement between the system and developer, the developer may enter into an agreement with the system whereby the system agrees to install underground electric facilities, and the developer agrees to make a payment to the system for the costs of installation prior to the system installing the underground electric facilities. LUS shall charge developer installation cost for the complete electrical distribution system (including only standard non-decorative street lights) at the rate of $5.00 per front foot. The $5.00 per front foot rate may be adjusted, at the discretion of the Director of the Lafayette Utilities System, from time to time in order to compensate for increases or decreases in said market prices or in order to allow LUS to remain competitive in providing electrical service to new subdivision developments. The developer's total payment to LUS shall be equal to the $5.00 per front foot rate times the total development front footage calculated pursuant to subsection (3)a.3. for single-family detached subdivisions hereinabove.

a.

In the event that the system installs the underground electric facilities, the following conditions shall apply:

1.

The developer shall enter into an agreement with the system prior to the system commencing work. The system shall not be obligated to commence work prior to 90 days after the date of execution of the agreement with developer.

2.

The developer shall provide and record easements for all facilities to be owned by the system upon acceptance of the construction work by the system.

3.

Upon completion and acceptance of the newly constructed facilities by the system, the developer shall donate all facilities to be owned by the system to the system.

4.

The street lighting standards (poles), fixtures, mounting brackets, wiring, fuses and other associated equipment shall be installed by the system. All standards and fixtures shall be as per the system's approved standards for residential lighting. After acceptance of the construction, the system has the option of energizing only those lights which serve a permanent residence.

5.

The facilities to be owned and maintained by the system upon acceptance shall include the complete distribution system and street lighting constructed by the system in accordance with this agreement. Electrical services (service laterals from the pedestal or transformer to the customer, whichever is applicable) for individual residences shall not be included in the contract for construction under this agreement. It is the responsibility of the developer, or assigned property owner, to install the service when the development is connected and to maintain the service after construction of the dwelling is complete. The system shall not assume ownership of any electrical services.

6.

The system will provide the electrical system design and a copy of the system's "Standards for Construction" specifications for the required facilities to be constructed by the system. The developer shall be responsible for providing the system with a reproducible quality plat of the development and for producing a compiled set of construction plans and specifications utilizing the system's design and standard specifications. Final plans and specifications shall be reviewed and approved by the system prior to commencement of construction to ensure that the system's standards have been satisfied.

7.

The developer agrees to pay the system a certain sum total to be equal to $5.00 per front foot, and this payment shall be made prior to the system commencing work on the installation of the underground electric facilities. The developer's total payment to LUS shall be equal to the $5.00 per front foot rate times the total development front footage calculated pursuant to subsection (3)a.3. for single-family detached subdivisions hereinabove.

8.

Should the developer choose to select one of the system's approved decorative street lights for the subdivision, the developer agrees to pay the additional material costs associated with decorative street lighting, and this payment shall be made prior to the system commencing work on the installation of the underground electric facilities.

9.

Furthermore, the developer agrees to present a surety bond or letter of credit equal to the system's estimated market value of the labor and material construction cost for the complete electrical distribution system for the subdivision, less the certain sum total equal to $5.00 per front foot times the total front footage as calculated hereinabove, less any additional material costs associated with decorative street lighting paid pursuant to subsection (4)a.8. hereinabove. The surety bond or letter of credit shall be returned to developer upon completion and acceptance of the newly constructed facilities by the system.

10.

Should the developer require temporary electric service before permanent service is available to the subdivision, the developer agrees to pay all costs for such service.

(City Code 1965, § 23-28; Ord. No. O-131-2000, § 1, 7-19-00; Ord. No. O-321-2003, § 1, 12-2-03; Ord. No. O-011-2014, § 2, 2-4-14)