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87-76 OrdinanceRECORD OF ORDINANCES National Graphics Corp., Cols., O. Form No. 2806-A Ordi~2unce No.--- `---.~~____~ S Passed-------------QE~-~------~~-..---------19----- -- ~'~ AN ORDINANCE T O ESTABLISH SCHEDULES '~, OF RATES TO BE CHARGED BY COLUMBIA GAS OF OHIO, tNC., ITS SUCCESS ORS AND ASSIGNS (COMPANY), FOR GAS SERVICE IN THE VILLAGE OF DUBLIN, OHIO, UNTIL AUGUST 1, 1978 AND TO ESTABLISH AND FIX SAID RATE SCHEDULES AS THE M{N- j I IMUM PRICES T~ BE CHARGED BY SAID ~ COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR GAS SERVICE. BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 5 of the elected members concurring: ECTION I. That far the period commencing on the effective date of his Ordinance, and ending on the 1st day of August, 1978, Columbia as of Ohio, Inc., its successors and assigns (Company), shall be ntitled to charge as maximum rates for natural gas service fur- ished to any and all persons in the City of Dublin, Ohio, the ollowing service rates: or less than one thousand (1,000} cubic feet, or none measured hrough any one meter, per montFi, one dollar and sixty-two cents $1.62). No escalation whatsoever may be applied to this minimum harge. j or the first one thousand (1,000} cubic feet measured through such ~ eter per month, one and eight thousand two hundred twenty-four I :en-thousandths do{tars ($1,8224). 'or all over one thousand (1,000) cubic feet measured through such meter per month= one and four hundred twenty-four ten-thousandths dollars (1,04241 for each one thousand (1,000) cubic feet supplied. If service under this rate schedule is f the customer, the Company shall not esume service to the same customer on ustomer has made payment of an amount ~:hly charge far each month of the inte ~:xceed ten (10) months. discontinued at the request be under any obligation to the same premises until the equal to the minimum mon- rvening period, but not to o extra or additional charge shall be made for meter rentals. he above rates are net and are due within ten (10) days after the ill or bills for the monthly reading pec,iod has or have been iss- ed. No penalty is to be~added thereto for delayed payments. RC RASED GAS COST ADJUSTMENT PR OV 1 S 1 CNS ; ' he service rates prescribed above are subject to an adjustment for ny change in the average cost of gas purchased by Columbia Gas f Ohio, Inc. (Company) from all sources of supply, and are pred- ~ ~ Gated upon the average cost of gas purchased by the Company of 6.14¢ per one thousand cubic feet. This rate is hereinafter re- erred to as the "base average rate'. The base average rate of this uel cost clause was based on the average cost of gas purchased for he twelve months ended January 31, l9?4, at supplier rates in effect n March 1, 1974. Any purchased gas adjustments subsequent to ~ arch 31, 1974 will apply immediatley upon the effective date of •hese purchased gas cost adjustment provisions. 1 -2- A. Purchased Gas Adjustment (1) Semi-Annual Adjustments Effective With Bills Rendered On or About April 1 and October .l Each Year Based on volumes purchased during the twelve billing months . ended January and July of each year, the Company shall determine the current average cost of gas purchased and such "adjusted average rate" shall be compared to the~base average rate stated above to determine the increase or decrease per one thousand (1,000) cubic feet to the nearest one-hundredth of a cent. This shall be the "purchased gas. adjustment" that will apply effective with bills rendered on or about April 1 and October 1 respectively. If, during the twelve-month period under consideration, the Company has cW~~LL,~enced purchasing gas under new contracts or has made significant changes in its purchases from existing suppliers and the effects of these changes in sources of supg~.y have not been in effect for the full twelve-month period, then the Company will adjust the actual volumes purchased during such twelve-month ` period to reflect the effects of such change~in source of supply for a full-twelve month period. The adjustment on or about April will be-based on the twelve-month billing period ended January of the same year utilizing supplier rates in effect on the following March 1 of that year. The adjustment on or about October 1 will be based on the twelve-month billing period ended July of the same year utilizing supplier rates in effect on the following September of that year. (2) Interim Adjustments If in the intervening period between semi-annual adjustments there is a significant change in source of supply or in supplier rates, the effect of which is to produce an increase or decrease in the adjustment average rate by at least one cent (14) per one thousand (1,000) cubic feet, then a new adjusted average rate shall be determined utilizing the most recently available twelve months of gas purchased adjusted to reflect changes .in source of supply. The current or new supplier rates will be applied to these volumes to determine the new adjusted average rate and the difference between this new adjusted average rate and the base average rate, to the nearest one hundredth of a cent per one thousand (1,000) cubic feet, shall be the purchased gas adjustment effective with bills rendered on and after the 30th day following the date on which the change in course of supply or supplier rates was first reflected in billings to the Company, or the 30th day following the filing of notice by the.Company whichever date is later. B. Actual Cost Adjustment and Refunds . The purpose of this section is to provide fuel cost clause coverage for cost increases or cost decreases. not covered in Sec- tion A, above. It is intended that minor cost changes of less ^n n i muJl/I iwnu loan luau i I I i~ ..< -3- than one cent (l~) per one thousand (1,000) cubic feet be tempo- rarily deferred until the next. regular semi-annual fuel cost clause adjustment and that such deferred cost increases or de- creases shall then be recovered or paid back over the next six (6) month period, This section shall not operate so as to duplicate any cost recovery made pursuant to Section A, above. The Company will maintain a continuing cumulated balance of monthly comparisons of the actual total Company cost of gas pur- chased as shown on the books and records of the Company, exclusive of refunds, and the total Company cost of gas purchased for the same month priced at .the average rate used to determine the pur- chased gas adjustment applied to service rates pursuant to Section A of this fuel cost clause. Such cumulated balance will be re- duced to reflect the effect of the applicable Actual Cost Adjust- ment in effect for that month applied to total Company volumes purchased for that month. For each six (6) month billing period ended January and July subsequent to March 31, 1974, an "Actual Cost-Adjustment" will be determined by dividing the cumulated balance as of that date by total volumes purchased during the six (6) month period ended on that date. This adjustment will be rounded to the nearest~one- hundredth of a cent to determine the increase or decrease per one thousand (1,000) cubic feet. The January calculation will be effective on or about April 1 and will remain in effect until superseded by the July calculation which will be in effect on or about October 1. If, during the six (6) months under consideration, the Com- pany shall have received a refund or refunds from its suppliers, such refunds, including interest received, shall be listed sepa- rately and included as a deduction from the cumulated balance used to determine the Actual Cost Adjustment pursuant to this Section B. C. General Provisions (1) The penalty provisions of Columbia Gas Transmission Corporation's (Transmission's) FPC Gas Tariff shall not apply to Sections A and B of this fuel cost clause and any Transmission penalty charges or rate adjustments made pursuant to such penalty provisions shall not be used to determine an adjustment pursuant to this fuel cost clause. (2) Any refund adjustment made; under the Company's former fuel COSt clause, which has not been in effect for twelve (12) months at the time the instant fuel cost clause hecomes effective, shall continue in effect until such twelve (12) month period has been completed provided, however, that such refund adjustment shall cease when duplication of refunds included in any adjustment billed to Section B of this fuel cast clause would result. (3) The Company shall file with the Public Utilities Commis- sion of Ohio thirty (30) days prior to the effective date, com- putations in support of the above fuel cost clause adjustments RECORD OF ORDINANCES National Graphics Corp., Cols., O. Form No. 2806-A Ordinance No.------------------------ Passed--------------------------------------------------19----- -- -4- together with a notice that the adjustments will be placed in ef- ~ fect as of 12:01 A.M. on the effective date. Such filing shall show the current adjustment and cumulative adjustments to be pla- ced in effect on the effective date. 'i (4) The Public Utilities Commission of Ohio retains jurisdiction over the Company's Purchased Gas Cost Adjustment Provisions, as stated above, subjecting it to any rules and regulations this I, Commission may promulgaite in the future on such adjustment clauses. D. Docketed Federal Power Commission Proceedings: The Company shall promptly give written notice to the Village of Dublin, Ohio of the filing or pendency of any proceeding to in- crease rates to the Company filed by any of its direct regulated suppliers. Upon receipt of the aforementioned written notice of the Company, the Clerk-Treasurer of this Village shall, within fifteen (IS) day~~ thereafter notify the Village Solicitor of Dublin, Ohio of his in- tention in regard to the increased rates of such supplier. In the event the Clerk-Treasurer shall see fit to resist the change in rates, he shall request the Village Solicitor to prepare a peti- tion to intervene on behalf of the Village of Dublin, ahio, against, such regulated pipeline supplier. The Clerk-Treasurer may also ~ request the Village Solicitor to prepare all necessary legal pa- pers subsequent to intervention and to send legal representation on behalf of the Village of Dublin to the place of the docketed proceedings and to plead on behalf of this Village of Dublin, Dhio, E, Continuation of Present Purchased Gas Cost Adjustments: Any adjustment made pursuant to the "Purchased Gas Cost Adjustment Provisions" of the present rate schedule shall continue as therein provided and heretofore reported. Section 2. That it is expressly conditioned that the service to be rendered for domestic and general commercial purposes by said Company, its successors or assigns, pursuant to SECTION I of this Qrdinance shall have priority, and that service shall not be ex- tended to consumers of other or different classes until after all reasonable requirements for domestic and commercial purposes are fully met, and this provision shall be binding upon said Company, its successors and assigns, so long as the foregoing rates are in effect; but during any month, or year, subject to the foregoing provisions, gas may be delivered to any other consumer and addi- tional classes. Columbia Gas of Ohio, Inc., may charge less for the natural gas so furnished than the prices specified in Section I. No special rate agreement in force on the effective date of this ©rdinance shall be altered or abridged by reason of this Ordinance during the specified term of such contract. Any such future agree- ments must be filed with the Village of Dublin, Ohio, ,- ~ ~ RECORD OF ORDINANCES National Graphics Corp., Cols., O. Form No. 2808-A Ordinance No.___ Passed___________ --------19----- -- -S- SECTION 3. That natural gas to be supplied under SECTION I hereof, shall have an average heating value of not less than 1,000 British Therma_1; units (gross) per cubic foot, and on the basis of a stand- ard established or an average found, said gas shall be uniform to the extent that the quotient obtained by dividing the thermal. val- ue, to•wit; the British thermal units (gross) per cubic foot, by the square root of the specific gravity of said gas, shall not vary more than five percentum upward or downward from such st~nd- ard or average. Tests to determine the British thermal units shall be made at such locations and at such intervals, at the expense of Columbia Gas of Ohio, Inc., as the Village of Dublin, Ohio shall determine, by the Company in the presence of a duly authorized representative of the Village of Dublin, and a state- ment of such test shall be filed with said Director. SECTION 4. That Columbia Gas of Ohio, Inc., its successors and assigns, shall make to the Village of Dublin, Ohio, by delivering the same to the Clerk-Treasurer of said Village on the first day of April of each year a statement, or statements, of its net plant assets, receipts and disbursements in the corporate limits of the Village of Dublin, Ohio, for the prior calendar year ending Dec- ember 31. Said statement shall show in detail the cost of the service rendered to all customers including contract customers in said Village of Dublin, Ohio, and rate of return resulting there- from. This statement or statements shat) be signed by Columbia Gas of Ohio, Inc., through its proper officer or officers. The Village of Dublin, Ohio, shall have the right to verify such statement or statements by examination of the books and records of Columbia Gas of Ohio, Inc, A copy of each annual report of Columbia Gas of Ohio, Inc. as filed with the Public utilities Commission of Ohio shall be filed with the Village of Dublin, Ohio. SECTION S. That, if any sentence, clause,~paragraph, section or part of this Ordinance is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, paragraph, section or part of this Ordinance and shall not impair the remainder of this Ordinance, SECTION 6. That this Ordinance shall, except as hereinbefore pro- vided, take effect the earliest date provided by law. Passed th i s ~o day of ~Es- ~~~~ ~~ Mayor-Presiding Officer Gv. President Pro-Ten~6re TTESTs n N,...~p ~,~...., lark-Treasurer