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HomeMy WebLinkAbout20-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ................................2II-03................. Passed AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL, ELECTRIC AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO SECTION 4928.20 OF THE OHIO REVISED CODE AND ARTICLE XVIII SECTION 4 OF THE OHIO CONSTITUTION AND DIRECTING THE DELAWARE COUNTY BOARD OF ELECTIONS TO SUBMIT A BA?LLOT QUESTION TO THE ELECTORS OF THE CITY OF DUBLIN; TO WAIVE SECOND READING; AND TO DECLARE AN EMERGENCY. WHEREAS, Article XVIII Section 4 of the Ohuo Constitution grants the City of Dublin ("City") certain authority related to utility service; and WHEREAS, Chapter 4928 of the Ohio Revised Code authorizes the legislative authorities of municipal corporations, townships and counties to aggregate the retail electrical loads located in their respective jurisdictions and to enter into service agreements to facilitate for those loads the purchase and sale of electricity; and WHEREAS, such legislative authorities may exercise such authority jointly with any other legislative authorities; and WHEREAS, governmental aggregation provides an opportunity for residential and small business customers collectively to participate in the potential benefits of deregulation through lower rates which they would not otherwise be able to have individually; and WHEREAS, this Council seeks to establish a governmental electric aggregation program with opt-out provisions pursuant to Section 4928.20, Ohio Revised Code ("Electric Aggregation Program"), for the residents, businesses and other electric consumers in the City and in conjunction jointly with any other municipal corporation, township, county or other political subdivision of the State of Ohio, as permitted by law. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: SECTION 1. This Council finds and determines that it is in the best interest of the City, its residents, businesses and other electric consumers located within the corporate limits of the City to establish an Electric Aggregation Prograrn in the City. Provided that the enactment of an Electric Aggregation Program is approved by the electors of the City pursuant to Section 2 of this Ordinance, the City is hereby authorized to aggregate, in accordance with Section 4928.20 of the Ohio Revised Code, the retail electrical loads located within the City, and for that purpose, to enter into any contracts and service agreements necessary for the sale and purchase of electricity and other services. The City may exercise such authority jointly with any other municipal corporation, township or county or other political subdivision of the State of Ohio to the full extent permitted by law. The Electric Aggregation Program enrollment will occur automatically for each person owning, occupying, controlling, or using an electric load center proposed to be aggregated and will provide for the opt-out rights described in Section 3 of this Ordinance. SECTION 2. The Board of Elections of Delaware County is hereby directed to submit the following question to the electors of the City at a special election on May 6, 2003. "SHALL THE CITY OF DUBLIN HAVE THE AUTHORITY TO AGGREGATE THE RETAIL ELECTRIC LOADS LOCATED IN THE CITY, AND FOR THAT PURPOSE, ENTER INTO ANY CONTRACTS AND SERVICE AGREEMENTS NECESSARY FOR THE SALE AND PURCHASE OF ELECTRICITY AND OTHER SERVICES, SUCH AGGREGATION TO OCCUR AUTOMATICALLY EXCEPT WHERE ANY PERSON ELECTS TO OPT-OUT?" RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No...........2.0-0.3 Passed .......................................................Page 2.................... The Clerk ofthis Council is instructed immediately to file a certi Pied copy of this Ordinance and the proposed form of the ballot question with the Delaware County Board of Elections r. not later than February 20, 2003. The Electric Aggregation Program shall not take effect unless approved by a majority of the electors voting upon the proposed ballot question provided for herein at the special election held pursuant to this Section 2 and Section 4928.20, Ohio Revised Code. SECTION 3. Upon the approval of a majority of the electors voting at the special election provided for in Section 2 of this Ordinance, this Council individually or jointly with any other political subdivision, shall develop a plan of operation and governance for the Electric Aggregation Program. Before adopting such plan, this Council shall hold at least two (2) public hearings on the plan. Before the first hearing, notice of the hearings shall be published once a week for two consecutive weer' in a newspaper of general circulation in the City. The notice shall summarize the plan and state the date, time and location of each hearing. No plan adopted by this Council shall aggregate the electrical load of any electric load center within the City unless it in advance clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the Electric Aggregation Program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the Electric Aggregation Program the opportunity to opt-out of the program every two (2) years, without paying a switching fee. Any such person that opts-out of the Electric Aggregation Program pursuant to the stated procedure shall default to the standard service offer provided under division (A) of Section 4928.14 or division (D) of Section 4928.35, Ohio Revised Code until the person chooses an alternative supplier. SECTION 4. This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted ill those formal actions were in meetings open to the public in compliance with the law. SECTION 5. That waiver of second reading ha.s been requested. SECTION 6. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that this Ordinance is requested to be immediately effective in order to file a certified copy of this Ordinance and the proposed form of the ballot question with the Delaware County Board of Elections not later than May 6, 2003, as provided herein; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~~i day of ~~2003 ayor -Presiding Officer ATTEST: I hereby certify that copies of this Clerk Of CounCll Ordinance/Resolution were posted in the City of Dublin in accordance with Section 73125 of the Ohio Revised Code. C ~ of Council, Dublin, Ohio