22-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ...................................22-.Q3......,......... Passed
AN ORDINANCE AUTHORI~~ING 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
FRANKLIN 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 benefrts of deregulation
through lower rates which they would not othel-wise 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, THORE, 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 for 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 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 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
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No .............22-.03..................................... Passed ..........................................................P.age..2..................
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 Franklin 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 FOR 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 Franklin 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. 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 ternis 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 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.
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
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No .............22-.03...................................... Passed .........................................................P.age..3..................
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 Franklin 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 day o ~ rlit l~l' ~ , 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.
e of Council, Dublin, Ohio