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Home My WebLink About23-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No .................._...........23-Q3._....._....... Passed AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL NATURAL GAS AGGREGATION PROGRAM WITH OPT-OUT " PROVISIONS PURSUANT TO SECTION 4929.26 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 BALLOT 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 Ohio Constitution grants the City of Dublin ("City") certain authority related to utility service; and WHEREAS, Chapter 4929 of the Ohio Revised Code authorizes the legislative authorities of municipal corporations, townships and counties to aggregate competitive retail natural gas service for the retail natural gas loads that are located in their respective jurisdictions and to enter into service agreements to facilitate the sale and purchase of the service for retail natural gas loads; 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 natural gas aggregation program with opt-out provisions pursuant to Section 4929.26, Ohio Revised Code ("Natural Gas Aggregation Program"), for the residents, businesses and other natural gas 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 natural gas consumers located within the corporate limits of the City to establish a Natural Gas Aggregation Program in the City. Provided that the enactment of a Natural Gas Aggregation Program is approved by the electors of the City pursuant to Section 3 of this Ordinance, the City is hereby authorized to aggregate, in accordance with Section 4929.26 ofthe Ohio Revised Code, competitive retail natural gas service for the rettail natural gas loads located within the City, and for that purpose, to enter into any contracts and service agreements necessary for the sale and purchase of retail natural gas 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 bylaw. Except for those persons specifically exempted in Section 2 of this Ordinance, the Natural Gas Aggregation Program enrollment will occur automatically for each person that uses competitive retail natural gas service for retail gas loads in the jurisdiction and will provide for the opt-out rights described in Section 4 of this Ordinance. SECTION 2. The Natural Gas Aggregation program shall not apply to persons meeting any of the following criteria, as more specifically described in Section RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ...............23-.03......_................._....... Passed ..............._..........._.........._......._.._....P.~ge2................ 4929.26(A)(2), Ohio Revised Code: (i) the person is both a distribution service customer and a mercantile customer, (ii) the person has an existing commodity sales service contract with a retail natural gas supplier, (iii) the person has an existing commodity sales service as part of a retail natural gas aggregation pursuant to Rules and Orders of the Public Utilities Commission of Ohio ("Commission"), or (iv) such other persons that are not eligible pursuant to Rules and Orders of the Commission or the plan of operations and governance for the Natural Gas Aggregation program. SECTION 3. 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 H~.VE THE AUTHORITY TO AGGREGATE THE RETAIL NATURAL GAS LOADS LOCATED IN THE CITY, AND FOR THAT PUF~POSE, ENTER INTO ANY CONTRACTS AND SERVICE AGREEMENTS NECESSARY FOR THE SALE AND PURCHASE OF RE"PAIL NATURAL GAS AND OTHER SERVICES, SUCH AGGREGATION TO OCCUR AUTOMATICALLY EXCEPT WHERE ANY PERSON ELECTS TO OPT-OUT?" The Clerk of this Council is instructed imme-diately 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 February 20, 2003. The Natural Gas 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 3 and Section 4929.26, Ohio Revised Code. SECTION 4. Upon the approval of a majority of the electors voting at the special election provided for in Section 3 of this Ordinance, this Council individually or jointly with any other political subdivision, shall develop a plan of operation and governance for the Natural Gas Aggregation Program. Bf°fore 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 weeks 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 any retail natural gas load within its jurisdiction, unless it in advance clearly discloses to the person whose retail natural gas load is to be so aggregated that the person will be enrolled automatically in the Natural Gas 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 Natural Gas 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 Natural Gas Aggregation Program pursuant to the stated procedure shall default to the natural gas company providing distribution service for that persons retail natural gas load, until the person chooses an alternative supplier. SECTION 5. This Council finds and determines that all formal actions ofthis 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 in those formal actions were in meetings open to the public incompliance with the law. SECTION 6. That waiver of second reading has been requested. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ..............23-03..........___............... Passed .............._......_.__......................_.....P.age.3................ SECTION 7. 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 / Ooh day of ~ ~ , 2003 Mayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. rk of Council, Dublin, Ohio