7513-00 Submit 2001 One-Year Action Plan

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"Member" means any municipal corporation, county and township which pursuant to duly adopted legislation, has caused this Agreement to be executed in its name, including any additional municipal corporation, county and township which has caused this Agreement to be executed in accordance with Section 7 hereof, and has not withdrawn from the Council pursuant to this Agreement or the Bylaws. "Program" me_a_~s the Aggregation Program or any Additional Program. Section 2. Nam .e.. The name of the group composed of all Members shall be the "Northeast Ohio Public Energy Council". Section 3. Representation of Members. Each Member' shall have One representative to the Assembly, who (i)in the case of municipal corporations, shall be the mayor or manager or an appointee of such officer, or (ii) in the case of counties or townships, shall be a member of its governing board or an officer chosen by such governing board. Section 4. Adoption of Bylaws.. Within thirty (30) days following the effective date of this Agreement as determined pursuant to Section 11 hereof, the representatives shall meet for the purpose of adopting Bylaws. The affirmative vote of at least a majority of representatives of all Members shall be required for the adoption of the Bylaws, a form of which is attached as Exhibit A. Section 5. The A~m'e~ation Program~ Additional Progmm~ of the Counei!. The Members will act jointly through the Council to establish and implement the Aggregation Program pursuant to Ohio Revised Code Section 4928.20. Each Member has adopted legislation, and approval by the electors of each Member has been or will be obtained, authorizing the Aggregation Program. Upon certification of the Members by the PUCO, the Council, on behalf of the Members, may effect the aggregation of the retail electrical loads located within the jurisdictions of the Members. The Council may negotiate and enter into all necessary contracts and take any other necessary and incidental actions to effect and carry out the purposes of the Aggregation Program for the benefit of the Members and their respective electricity consumers. The Board of Directors shall oversee and manage tho operation of the Aggregation Program and may adopt policies and procedures supplementing the general terms of this Agreement and the Bylaws. The Board of Directors shall develop a plan of operation and governance for the Aggregation Program pursuant to Ohio Revised Code Section 4928.20 to be adopted by each member.