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Home My WebLink About11-65 Ordinance . ., .~......_..!~._,:...a......,...,_.__... ._ _ . - ...... -- -_.~.._--._- -- -'.'~'--~-~---'- -(- .-. - "'-4 -..- -~"---'- -. ---""'-,-.----- ~---_. -.- -. --- , -.- -- . ---- j ~ .,. . ... - ORDINANCE NO. I'-~~ An ordinance granting to Columbia Gas of Ohio, Inc. , its successors or assigns, the privilege to install, construct, operate and maintain all necessary pipe 1 ines and other equipment in and on the streets, lanes, avenues, alleys, bridges and publ ic grounds in the Village of Dubl in, Ohio 1" for the purpose of producing, storing, conveying, sell ing and supplying natural gas to the citizens thereof for a period of Fifteen (15) Years from I and after the effective date of this ordinance; and fixing and regulating V the price that may be charged by Columbia Gas of Ohio, Inc., its successors or assigns, for natural gas to the Village of Dubl in, Ohio and to its inhabitants, for the period of Four (4) Years from and after the effective date of this ordinance. BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, OHIO: SECTI ON 1: That, Columbia Gas of Ohio, Inc., a corporation organized under the laws of Ohio, its successors or assigns, (hereinafter referred to as the Company), be and is hereby granted the right and permission to use the streets, lanes, avenues, alleys, commons, b rid g e sand publ ic grounds of the Village of Dubl in, Ohio, (hereinafter referred to as the Village) for the purpose of constructingf laying, operating and maintaining pipe 1 ines and other equipment useful in the producing, storing, transmitting, conveying, sell ing and supplying of natural gas and in the distribution of gas for publ ic and private use in residential, commercial, pub 1 i c, industrial and other buildings in the Village, together with the right to excavate in all of said streets, lanes, avenues, alleys, commons and publ ic grounds for the purpose of construcing, laying, operating and maintaining such pipe and other equipment. SECTI ON 2: That all of said excavations made in the streets, ""\ avenues, alleys, lanes and publ ic places in said Village by said Company, its successors or assigns, shall be made with the least practical incon- . ~ venience to the publ ic or _individuals and with reasonable dispatch; and all damage done to the streets, avenues, alleys, lanes and publ ic places, or material therein, by reason of such excavations shall be replaced by said Company, its successors or assigns, at its cost without unnecessary delay, and all such excavations shall be rammed in such manner that the streets, avenues, alleys, lanes and publ ic places wherein such excavations occur shall be placed in as good condition as formerly and to the satisfaction of the Village. SECTION 3: The terms and conditions of the service to be rendered hereunder sha 11 conform with and be subject to the Rules and Regulations for furnishing g~s service of the Company on file with and approved by The Publ ic Util ities Commission of Ohio, SECTION 4: That the grants herein are made upon the condition that the service to be rendered by said Company, pursuant to this ordinance, shall be primarily for domestic and commercial purposes, and that service shall not be extended to other consumers of different classes until after all reasonable requirements for domestic and commercial purposes are fully met, and this provision shall be binding upon said Company, during each month of each year, but during any month or year, subject to the foregoing limitations and after compl iance with the foregoing provisions gas may be ~ del ivered to other and additional classes of consumers at such times and ~ under such conditions and for such rates as may be agreed upon between the -.." Company and such consume~ or consumers. SECT! ON 5: That, for the period of Four (4) Years from and after the effective date of th'is ordinance, the maximum price which the Company shall be permitted to charge for and the minimum price at which it or they sha 11 be required to furnish natural gas to the Village and to its inhabit- ants, shall be and the same is hereby fixed for each individual consumer, as follows: '-.. - - -- -- ---------- - - - - . ~""'''''''-''''I'''''' .............,.,._.. ..,.---"~-~1..... '.- _ ~.____._.h...h._ ___._ --- -.---( -..; ---.-- - --.-.- ._____ _____.__~_________.4.u_. ..-___.__.... .-.-'-~"._.,-._.. . l.- I J - 2 - Twenty-five Cents (25c) per one hundred (100) cubic feet for the first 1,000 cubic feet, used through each meter each month; Fifteen Cents (15c) per one hundred (100) cubic feet for the /"\ next 4,000 cubic feet, used through each meter each G month; Nine and thirty-five hundredths Cents (9-35/100c) per one hund red (100) cubic feet for the next 95,000 cubic feet, used through each meter each month; Seven Cents (7c) per one hundred (100) cubic feet for all in excess of 100,000 cubic feet, used through each meter each month; A Minimum Charge for each customer each month of Two Dollars and Fifty Cents ($2.50) shall be made. If service under this rate schedule is discontinued at the request of customer, the Company shall not be under any obI igation to resume service to the same customer on the same premises unt i 1 the customer has made payment of an amount equal to the minimum monthly charge for each month of the inter- vening period, but not to exceed twelve (12) months. FUEL COST CLAUSE The service rates prescribed above are subject to an adjustment for any change in the rates paid by Columbia Gas of Ohio, Inc. (Company) to The Ohio Fuel Gas Company (Ohio Fuel) for the purchase of natural gas or ("- for any refund or refunds received from Ohio Fuel, as hereinafter provided. C Ohio Fuel IS rates to the Company are regulated by the Federal Power \ Commiss ion, V The service rates prescribed above are predicated upon the rate paid by the Company to Ohio Fuel of $1.87 per month per one thousand (1 ,000) cubic feet of Bill ing Demand and 32.05c per one thousand (1,000) cubic feet for all gas purchased and are here i nafter referred to as the "base rate'l. A. Purchased Gas Adjustment When any change is made in the rate paid by the Company to Ohio Fuel, the service rates herein shall be increased or decreased in the following manner: (I) Gas purchased by the Company during the twelve (12) month period ended with the second month preceding the month in which a new rate of Ohio Fuel is first used in computing the monthly bill to the Company shall be pr iced: (a) at the base rate, and (b) at the new rate. The difference in the cost of gas purchased computed at the base rate and at the new rate in the manner set forth above, shall be d i vi ded by (', the volume of gas purchased by the Company during the same twelve (12) month period to determine the increase or decrease per one thousand (1,000) cubic ( feet, to the nearest one-hundredth of a cent, which shall be the "purchased V gas adjustment", (2) The service rates shall be increased or decreased by the amount of the purchased gas adjustment as determined in paragraph A (1), effective with bills rendered on and after the 30th day (the effective date) following the date on which a new rate of Ohio Fuel is first used in computing the monthly bill to the Company; provided that the Company shall have filed with the Publ ic Util ities Commission of Ohio and the Clerk of - -- ., -. ..... CO'" -- ....- - - _. ~-- -- -.-.-- - ----~-.----.--- -~-. t'--,-- -~. ---...-~._---- --_.. --- ._-_._-_._---_.._.~.-----_._-_._- ,---- .., . , I f . I - 3 - Council of the Village of Dubl in, Ohio, not less than fifteen (15) days prior to the effective date, a computation in support of said purchased gas adjust- ment, together with a notice that such purchased gas adjustment is to be placed in effect at 12:01 A.M, on the effective date and shall apply to all bills rendered on and after that date, ." B. Refund Adjustment G Whenever, during a quarterly period ending each March 31, June 30, September 30 and December 31, subsequent to the effective date of this fuel cost clause, the Company receives a refund or refunds from Ohio Fuel, the Company shall decrease the service rates in the following manner: (1 ) Dividing such refund or refunds by the actual volumes of gas purchased during the twelve month period ending with the quarter in which the refund or refunds were received. The quotient so determined to the nearest one-hundredth of a cent shall be the "refund adj ustmentll. (2) The service rates which would otherwise be in effect shall be decreased for a twelve month period commencing on the first day of the third month after the quarterly period in which the refund or refunds were received, The refund adjustment shall terminate at the end of said twelve months. (3) The Company shall file with The Publ ic Util ities Commission of Ohio and the Clerk of Council of the Village of Dubl in, Ohio, thirty (30) days prior to the effective date a computation in support of said refund adjustment together with a notice that the refund adjustment will be placed in effect as of 12:01 A.M. on the effective date and shall apply to all bills rendered on and after that date for a twelve months period. Such (' fil ing shall also set forth the combined effect of the current purchased gas t adjustment and the refund adjustments determined as herein provided for the \.J next four (4) quarterly periods. S E CTI ON 6: That the natural gas furnished or del ivered pursuant to the terms of this ordinance, by the said Company, shall have an average heating value of 1,000 British thermal units per cubic foot for any consecutive twelve (12) month period subject to a variance of not more than five (5) percent upward or downward. SECTION 7: In the event the State of Ohio or the Village of Dubl in, Ohio, should hereafter impose a tax upon the Company, that is not now imposed, or should hereafter increase the rate of any tax now imposed upon the Company above the tax rate now existing, other than the rate on property 1 isted in the real estate tax 1 ist and dupl icate, then the rates prescribed in Section 5 shall be increased to the extent necessary to compensate the Company for the increase in cost due to such new tax or higher tax rate, This shall be done in the following manner: (a) If the new tax or higher tax rate is computed in d i rec t relation to gas sold or revenues received for the sale of gas, the rates set forth herein shall be adjusted to the extent necessary to recompense the Company for the amount thereof. (b) If the new tax or higher tax rate is not related directly {' to gas sold or to revenues received for the sale of gas, then the total dollar effect thereof upon the cost of serving gas by the Company in the ( I Vi llage shall be determined, based upon operations of the Company in the V Vllage during the most recently available twelve months period ending on the last day of the December or June, preceding the effective date of the new tax or higher tax rate; the total dollars so computed shall then be divided by the total sales made to the types of customers covered by this ordinance during the same twelve months period and the rates prescribed herein shall be correspondingly adjusted. -- - - - ~ \' . l - - . - ----.-~~...........---- .-.-- --~~.------..-----.------;r- ~- - --~-~- --------.----- -'-.--.-..-- -.--...------.,.--- - --f ~ -~- ---.+ I ~ - 4 - The adjustment of the rates prescribed in this Ordinance, as provided in subparagraphs (a) and (b) above, shall be made by rounding the mathematical result of the computations so prescribed to the nearest one quarter cent (.25~) per one thousand cubic feet. The adjusted rate shall be placed in effect and shall apply to all ~ meter readings occurring on and after the effective date of the statute, l I ordinance or resolution pursuant to which the new tax or increased tax rate V is imposed. Written notification of the adjustment shall be sent to the Clerk of the Village as quickly as possible after the effect of the new tax or higher tax rate can be determined. SECTION 8: That for the considerations passing, and to pass, pursuant to this franchise, from each to the other of the parties, this franchise grant shall continue in full force and effect for a period of Fifteen (15) Years from the effective date of this ordinance. SECTION 9: That should any section or part of a section or provision of a section of this ordinance be declared void, the remainder of this ordinance shall not be affected thereby. SECTION 10: That any ordinance or resolution, or part of an ordi- nance or resolution, inconsistent herewith, is, to the extent of such incon- sistency, hereby repealed. SECTION 11: That Columbia Gas of Ohiof Inc., shall not be obI igated hereunder to extend or provide gas service, or to lay 1 ines or install facil ities until it shall receive approximately seventy-one (71) gas service appl ications satisfactory to the Company together with pre-service ~ deposits of Ten Dollars ($10.00) each from potential customers in the Village, ~ . said deposit to be refundable without interest subsequent to payment of each ~ customers initial gas bills, and until Columbia Gas of Ohio, Inc. shall receive the approval of all regulatory commissions having jurisdiction over the initiation and furnishing of the service contemplated herein, and the facilities used in the furnishing of such service, SECTION 12: That this ordinance shall become effective aK~ on :leXlXi~xbttKx.:x:~xk~x~ passage in that it is declared to be an emergenc measure for the public safety and general welfare of the Village of Dublin. PASSED: JU/...'( IZJ ,'1l:,S- ~. h. , . ~ ~.AYOR ATTEST: r ~~-fJ~~ V I I hereby certify that five copies of this ordinance were posted in accordance with section 7~J.;~ Cf.:;J../hiO Revised Code ~pri~ Villagecof Dublin, Ohio