CITY of ALBUQUERQUE
EIGHTEENTH COUNCIL
COUNCIL BILL NO. O-09-85 ENACTMENT NO. ________________________
SPONSORED BY: Isaac Benton by request
ORDINANCE
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Adopting An Interim 2009 Albuquerque Energy Conservation Code - Volumes I and II Pending Federal Litigation In The Air Conditioning, Heating and Refrigeration Institute, Et Al. v. City of Albuquerque, Civ. No. 08-633 MV/RLP; Repealing Enactment Nos. O-2007-034 and O-2008-023, The Albuquerque High Performance Building Ordinance; Maintaining Enforcement of Other Technical Codes Previously Passed (Benton, by request)
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ADOPTING AN INTERIM 2009 ALBUQUERQUE ENERGY CONSERVATION CODE - volumes i and II PENDING FEDERAL LITIGATION IN The Air Conditioning, Heating And Refrigeration Institute, et al. v. City of Albuquerque, CIV. NO. 08-633 MV/RLP; REPEALING ENACTMENT NOS. O-2007-034 AND O-2008-023, THE ALBUQUERQUE HIGH PERFORMANCE BUILDING ORDINANCE; MAINTAINING ENFORCEMENT OF OTHER TECHNICAL CODES PREVIOUSLY PASSED.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. COUNCIL FINDINGS:
The Council makes the following findings:
(1) AHRI and other plaintiffs sued the City of Albuquerque in federal court in a case captioned The Air Conditioning, Heating And Refrigeration Institute, et al. v. City of Albuquerque, Civ. No. 08-633 MV/RLP, seeking a permanent injunction against enforcing the 2007 Albuquerque Energy Conservation Code - Volumes I and II, as amended, and the Albuquerque High Performance Building Ordinance.
(2) On October 3, 2008, the federal district court issued an opinion and order in The Air Conditioning, Heating And Refrigeration Institute, et al., v. City of Albuquerque, Civ. No. 08-633 MV/RLP, granting a preliminary injunction against enforcing the 2007 Albuquerque Energy Conservation Code - Volumes I and II, as amended, and the Albuquerque High Performance Building Ordinance.
(3) Since that time, enforcement of the 2007 Albuquerque Energy Conservation Code - Volumes I and II, as amended, and the Albuquerque High Performance Building Ordinance have been stayed pending the final outcome of the litigation.
(4) Albuquerque needs an interim energy conservation code that meets many of the City of Albuquerque's energy conservation goals while at the same time complying with the federal judge's opinion and order of October 3, 2008 in The Air Conditioning, Heating And Refrigeration Institute, et al. v. City of Albuquerque, Civ. No. 08-633 MV/RLP.
SECTION 2. ADOPTION OF A TECHNICAL CODE OF THE CITY OF ALBUQUERQUE PENDING THE OUTCOME OF LITIGATION. For the purpose of prescribing minimum standards regulating construction and maintenance of energy efficient buildings and structures, including all building service equipment, and installations within the City of Albuquerque, New Mexico, the following codes are adopted pending the outcome of litigation in The Air Conditioning, Heating And Refrigeration Institute, et al., v. City of Albuquerque, Civ. No. 08-633 MV/RLP:
(A) The 2009 Interim Albuquerque Energy Conservation Code - Volumes I and II.
SECTION 3. REPEAL OF ALBUQUERQUE HIGH PERFORMANCE BUILDING ORDINANCE. Enactment Nos. O-2007-034 and O-2008-023, the Albuquerque High Performance Building Ordinance, are hereby repealed.
SECTION 4. PREVIOUSLY PASSED CODES EXCEPT FOR THE ALBUQUERQUE HIGH PERFORMANCE BUILDING ORDINANCE TO REMAIN IN EFFECT. Other technical codes previously passed which were not covered in the federal judge's October 3, 2008 opinion and order in The Air Conditioning, Heating And Refrigeration Institute, et al., v. City of Albuquerque, Civ. No. 08-633 MV/RLP, remain unaffected and in force.
SECTION 5. INTERPRETATION. The 2009 Interim Albuquerque Energy Conservation Code - Volumes I and II is to be interpreted and enforced in a manner consistent with the federal judge's October 3, 2008 opinion and order in The Air Conditioning, Heating And Refrigeration Institute, et al. v. City of Albuquerque, Civ. No. 08-633 MV/RLP.
SECTION 6. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this interim ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this interim ordinance. The Council hereby declares that it would have passed this interim ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 7. EFFECTIVE DATE. This ordinance shall take effect five days after publication by title and general summary.
SECTION 8. In order to give the industry time to adjust to these new standards, enforcement will not begin prior to December 1, 2009.
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