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11-69 Ordinance .. , I i I 11- 6,L I I ORDINANCE NO. I I Fixing and regulating the price that may be charged by Columbia Gas of Ohio, I Inc. , its successors or assigns, for natural gas to the Village of Dubl in, Ohio, and to its inhabitants, for the period of Three (3) Years from and after the effective date of this ordinance; and repeal ing Section 5 of Ordinance No. 11-65 passed by the Council of the Village of Dubl in, Ohio, on the 12th day of July, 1965, entitled: "0rdinance No. 11-65 - An Ordinance granting to Columbia Gas of Ohio, I nc., its successors or ass i gns, the privilege to install, construct, operate and maintain all necessary pipe I ines and other equipment in and on the streets, lanes, avenues, alleys, bridges and publ ic grounds in the Village of Dubl in, Ohio for the purpose of producing, storing, conveying, selling and supplying natural gas to the citizens thereof for a period of Fifteen ( 15) Years from and after the effective date of this ordinance; and fixing and regulating 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: I SECTION I: That, for the period of Three (3) Years from and after the effective date of this ordinance, the maximum price which Columbia Gas of Ohio, Inc. , its successors or assigns, shall be permitted to charge for and the minimum price at which i tor the y s h a I I be required to furnish natural gas I to the Village of Dublin, Ohio, and to its inhabitants, shall be and the same is hereby fixed for each individual consumer, as fo II ows: I Twenty-five Cents (25d per one hundred (100) cubic feet for the first 1,000 cubic feet, used through each meter each month; Fifteen Cents (15d per one hundred (100) cubic feet for the next 4,000 cubic feet, used through each meter each month; .'~ Nine and thirty-five hundredths Cents (9- 35/ load per one I hundred (100) cubic feet for the next 95,000 cubic feet, I used through each meter each month; , I Seven Cents (7d per one hundred (100) cubic feet for all in I 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 until the customer has made payment of an amount equal to the minimum monthly charge for each month of the intervening 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, I nc. , (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. Ohio Fuel's rates to the Company are regulated by the Federal Power Commission. - The service rates prescribed above are predicated upon the rates paid by the Company to Ohio Fuel under the FPC CDS Rate Schedule of $2.63 per month per one thousand (1,000) cubic feet of Bill ing Demand and 28.36c per one thousand (1,000) cubic feet for all gas purchased, and under the FPC WS Rate Schedule of $1.02 per month per one thousand ( 1 ,000) cubic feet of Bil ling Demand and 1.32C per month per one thousand ( 1 , 000 ) cubic feet of Winter Contract Quantity. These rates are hereinafter referred to as the "base rates". '\ . . -, - 2 - A. Purchased Gas Adiustment When any change is made in the rates paid by the Company to Ohio Fuel, the service rates herein shall be increased or decreased in the following manne r: i. (1) Gas purchased by the Company during the twelve (12) month II period ended with the second month preceding the month in which new rates of I! Ohio Fuel are first used in computing the monthly bill to the Company shall be Ii priced: i! I' 11 Ii (a) at the base rates, and II (b) at the new rates. II The difference in the cost of gas purchased, computed at the base II rates and at the new rates in the manner set forth above, sha 11 be d i v i ded by II 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 I' feet, to the nearest one-hundredth of a cent, which shall be the "purchased II gas adjustment". I (2) The service rates shall be increased or decreased by the 'I amount of the purchased gas adjustment as determined in paragraph A (1), 'I effective with bills rendered on and after the 30th day (the effective date) 'I following the date on which new rates of Ohio Fuel are first used in computing II the monthly bill to the Company; provided that the Company shall have filed II with the Public Utilities Commission of Ohio and the Clerk of Council of the I Village of Dubl in, Ohio, not less than fifteen (15) days prior to the effective I date, a computation in support of said purchased gas adjustment, together with I' 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 al I bills rendered on and after i that date. II II B. Refund Adjustment , I I II Whenever, during a quarterly period ending each March 31, June 30, ! I September 30 and December 31, subsequent to the effective date of this Fuel : I Cost Clause, the Company receives a refund or refunds from Ohio Fuel, the I i Company shall decrease the service rates in the following manner: I ,I I II (1) Dividing such refund or refunds by the actual volumes of I II gas purchased during the twelve (12) month period ending with the quarter in I ,I which the refund or refunds were received. The quotien~ so determined to the i " nearest one-hundredth of a cent shall be the "refund adjustment". I ! (2) The service rates which would otherwise be in effect shall I '. " II be decreased for a twelve (12) month period commencing on the first day of the ; , '" II third month after the quarterly period in which the refund or refunds vvere L received. The refund adjustment shall terminate at the end of said twelve (12) II months. , Ii (3) The Company shall file with the Public Utilities commission! II of Ohio and the Clerk of Council of the Village of Dub] in, Ohio, thirty (30) I days prior to the effective date a computation in support of said refund adjust-J I ment together with a notice th~t the refund adjustment will be ~laced in effect I I as of 12:01 A.M. on the effective date and shall apply to all bills rendered on , II and after that date for a twelve (12) month period. Such filing shall also set: 1'1 forth the combined effect of the current purchased gas adjustment and the ! I refund adjustments determined, as herein provided for the next four (4) i I: quarterly periods. i Ii (4) Any refund adjustment, made under the Company's former fuel I Ii cost clause, which has not been in effect for twelve (12) months at the time I 11 the instant ordinance becomes effective shall continue in effect until such I d twelve (12) month period has been completed. The Company shall file a compu- I II tation with the Public Utilities Commission of Ohio and the Clerk of Council of i II the Village of Dublin, Ohio, in support of any refund adjustment determined I II under this paragraph. I I ! ,I, , 'I i I j ~ j' i II I I' Ii Ii ,I - 3 - SECTION 2: That it is expressly conditioned the service to be rendered by said Company, its successors or assigns, 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 reason- able requirements for domestic and commercial purposes are fully met, and this provision shall be binding upon said Company, its successors or assigns, during each month of each year; but during any month or year, subject to the foregoing I imitations and after compl iance with the foregoing provisions gas may be del ivered to any other consumer 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 consumer or consumers. SECTION 3: That Section 5 of Ordinance No. 11-65 passed by the ~oun~il of the Village of Dubl in, Ohio, on the 12th day of July, 1965, entitled: Ordinance No. 11-65 - An Ordinance granting to Columbia Gas of Ohio, Inc., its su~cessors or assigns, the privilege to install, construct, operate and main- tain all necessary pipe lines and other equipment in and on the streets, lanes, avenues, alleys, bridges and publ ic grounds in the Village of Dublin, Ohio, for the purp~s: of producing, storing, conveying, sell ing and supplying natural gas to the Citizens thereof for a period of Fifteen (15) Years from and after the effective date of this ordinance; and fixing and regulating the price that may be charged by Columbia Gas of Ohio, Inc., its successors or assigns, for nat~ral 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.11 be and the same is hereby repealed. SECTION 4: The terms and conditions of the service to be rendered shall conform with and be subject to the Rules and Regulations for furnishing gas service of the Company on file with and approved by the Pub1 ic Util ities Commission of Ohio. SECTION 5: That the natural gas furnished or delivered 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 up- ward or downward. SECTION 6: In the event the State of Ohio, or the Vi llage 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 listed in the real estate tax I ist and dupl icate, then the rates prescribed in Section I 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 direct 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 Village shall be determined, based upon operations of the Company in the Village during the most recently available twelve month 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 month period and the rates prescribed herein shall be correspondingly adjusted, 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 (1/4c) per one thousand cubic feet. 11 I , - 4 - 'i Ii The adj usted rate shall be placed in effect and shall app I y to all Ii meter readings occurring on and after the effective date of the statute, ordinance or resolution pursuant to which the new tax or increased tax rate II is imposed. I I Written notification of the adjustment shall be sent to the Clerk of I the Village as quickly as possible after the effect of the new tax or higher , tax rate can be determined. I I SECTION 7: That any ordinance or resolution, or part of an ordinance ! or resolution, inconsistent herewith, is, to the extent of such inconsistency, I ! hereby repealed. SECTION 8: That should any section or part of a section or provision of a section of this ordinance be declared void, the remainder of this ordi- nance sha 11 not be affected thereby. II SECTION 9: That this ordinance shall become effective at the d earl iest date allowed by law, provided, however, that this ordinance shall have II no force or effect whatsoever unless written acceptance of this ordinance is I I filed by the Company with the Clerk of the Village of Dubl in, Ohio, prior to I the expiration of thirty (30) days from the date this ordinance is passed. I II II PASSED: I )vlNc 2- /7 b ~ I I I , I ) ! I I ;1 MAYOR: J) LJ. d-~~~~ II II I I' \ II ADEST I .....~ (~~4(J~ I II ( CLERK II Ii / I II 'I I I I I I " I I I I I I I II