HomeMy WebLinkAbout24-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ......................................24.-.Q3-....... Passed
AN ORDINANCE AUTHORIZING ALL ACTIONS
NECESSARY TO EFFECT A GOVERNMENTAL NATURAL
GAS AGGREGATION PROG'~RAM 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
UNION 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, THEREI~'ORE, 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 of the Ohio Revised
Code, competitive retail natural gas service iFor the retail 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 by
law. Except for those persons specifically exempted in Section 2 of this Ordinance,
the Natural Gas Aggregation Program enrolhnent 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.
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ................24-.03........................,......... Passed ....__......................................................P.~g.e..2..............
SECTION 2. The Natural Gas Aggregation program shall not apply to persons
meeting any of the following criteria, as more specifically described in Section
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 Union 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 NATURAL GAS LOADS
LOCATED IN THE CITY, AND FO:~ THAT PURPOSE, ENTER
INTO ANY CONTRACTS AND SERVICE AGREEMENTS
NECESSARY FOR THE SALE AND PURCHASE OF RETAIL
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 immediately to file a certified copy of this
Ordinance and the proposed form of the ballot question with the Union 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. 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 weeks in a
newspaper of general circulation in the City. T'he notice shall summarize the plan and
state the date, time and location of each hearin g. No plan adopted by this Council shall
aggregate anyretail natural gas load within its jiurisdiction, unless it in advance clearly
i 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 wi I1
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 ProF;ram 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 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 in those formal actions were in meetings open to the public in
compliance with the law.
RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No ...............24.-.03.............................. Passed .............................................................P~ge..3..............
SECTION 6. That waiver of second reading has been requested.
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 iimmediately effective in order to file a
certified copy of this Ordinance and the proposed form of the ballot question with the
Union 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 / 0 day of ~~Lc.Gtr 2003
i
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.
erk of Council, Dublin, Ohio