63-00 NOPEC - Electricity Aggregation Program

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Placed on 1st Reading ~ Referred to the Committee of the Whole 11/6/00. ORDINANCE NO. 65-00 BY: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith. AN EMERGENCY ORDINANCE authorizing the Mayor to enter int~ an agreement establishing the Northeast Ohio Public Energy CoUncil of Governments, for~the purpose of jointly establishing and implementing an electricity aggregation program, WHEREAS, this Council previously enacted legislation authorizing the issue of automatic aggregation on behalf of its residents, businesses and other electric Consumers in the City to.be placed on the ballot; and WHEREAS, that issue will be voted on by the electors of the City on November 7, 2000; and WHEREAS, by joining the Northeast Ohio Public Energy Council, the City will be able to act jointly with other political subdivisions that have authorized the Electricity Aggregation Program in their respective jurisdictions and thereby maximize the potential benefits of electricity deregulation through group purchasing efforts; and WHEREAS, this Ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF'OHIO: Section 1. This Council finds and determines that it is in the best interest of the City, its residents, businesses and governmental entities, to join the Northeast Ohio Public Energy Council for the purpose of establishing and implementing the Aggregation Program in the City. Section 2. Upon the approval of a majodty of electors voting at the special election on November 7, 2000 of the AutomaUc Aggregation Program, the Mayor is hereby authorized to execute and deliver the Agreement Establishing the Northeast Ohio Public Energy Council (the "Agreement~. The Agreement shall be substantially in the form presented to this Council and on file with the Clerk, subject to such changes, insertions and omissions which are consistent with this Ordinance and are not substanUally adverse to the City and as may be approved by the Mayor, which approval shall be conclusively evidenced by the execution of the Agreement. Section 3. It is found and determined that all formal actions of this ' Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 4. That this Ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it received the affirmative vote of two-thirds of all members elected to Council, it shall take effect and