34-00 Government Elecricity Aggregation Program

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PLEASE SUBSTITUTE FOR ORDINANCE 34-00 PLACED ON FIRST READING AND REFERRED RULES & ORDINANCES COMMITTEE 6/19/00. PLACED ON SECOND READING 7/3/00, ORDINANCE NO. 34-00 BY: Corrigan, FitzGerald, George, Seelie, Skindell, Smith. AN EMERGENCY ORDINANCE authorizir.,] the Mayor to take all actions necessary to effect a governmental electricity aggregation program with opt-out provisions pursuant to Ohio Revised Code {}4928.20 and directing the County Board of Elections to submit a ballot question to the electors. WHEREAS, the Ohio Legislature has enacted electric deregulation legislation CAm. Sub. S.B. No. 3'~) which authorizes the legislative authorities of municipal corporations, townships and counties to aggregate the retail electrical loads located in the respective jurisdictions and to enter in to service agreements to facilitate for those loads the purchase and sale of electricity; 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 particioate in the potential benefits of electricity deregulation through lower electric rates which they would not otherwise be able to have individually; and WHEREAS, this Council seeks to establish a governmental aggregation program with opt-out provisions pursuant to Ohio Revised Code {}4928.20 (the "Aggregation Program"), for the residents, businesses and other electric consumers in the City an din conjunction jointly with other municipal corporation, township, county or other political subdivision of the State of Ohio, as permitted by law; 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 Counci finds and determines that it is in the best interest of the City, its residents, businesses and other electric consumers located within the corporate limits of the City to establish the Aggregation Program in the City. Provided that this Ordinance and the Aggregation Program is approved by the electors of the City pursuant to Section 2 of the Ordinance, the City is hereby authorized to aggregate in accordance with Ohio Revised Code {}4928.20, the retail electrical loads located within the City, and, for that purpose, to enter into service agreements to facilitate for those loads the sale and purchase of electricity. 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. The aggregation will occur automatically for each person owning, occupying, controlling, or using an electric load center proposed to be aggregated and will provide for the opt-out rights described in Section 3 of this Ordinance. Section 2. The Board of Elections of Cuyahoga County is hereby directed to submit the following question to the electors of the City at the general election on Nowmber 7, 2000. Shall the City of Lakewood have the authority to aggregate the retail electric loads located within the City, and for that purpose, enter into service agreements to facilitate for those loads the sale and purchase of electricity, such aggregation to occur automatically except where any person elects to opt-out? Roth,