11-65 Ordinance
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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-
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~ 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:
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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,
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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
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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.
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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-
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~.AYOR
ATTEST:
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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