2002-018 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED ORDINANCE NO. 2002-18 By: Mayor Musial. AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT AN OPT-OUT NATURAL GAS AGGREGATION PROGRAM PURSUANT TO SECTION 4929.26, OHIO REVISED CODE, DIRECTING THE CUYAHOGA COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS, AUTHORIZING EXECUTION OF AN AGREEMENT WITH NOPEC FOR SUCH PURPOSES, AND DECLARING AN EMERGENCY. WHEREAS, under Section 4929.26, Ohio Revised Code, the City of North Olmsted, Ohio (the "City") is authorized to establish an opt-out natural gas aggregation program for the benefit of natural gas consumers within the City; and WHEREAS, under Section 4929.26, Ohio Revised Code, the City may exercise such authority jointly with other political subdivisions of the State of Ohio; and WHEREAS, governmental aggregation provides an opportunity for natural gas customers collectively to participate in the poterrtial benefits of natural gas deregulation through lower gas rates which they would not otherwise be able to have individually; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SEC770N 1: This Council finds and determines that it is in the best interest of the City and certain natural gas consumers located within the corporate limits of the City to establish an op-out natural gas program (the "Gas Aggegation Program") in the City. Provided that this Ordinance and the Gas Aggregation Program is approved by the electors of the City pursuant to Section 2 of this Ordinance, the City is hereby authorized to aggregate in accordance with Section 4929.26, Ohio Revised Code, the retail natural gas loads located within the City. For the Gas Aggregation Program, the City may enter into service agreements to facilitate the sale and purchase of service for retail natural gas toads. The City may exercise such authority jointly with any other political subdivision of the State of Ohio and through the Northeast Ohio Public Energy Council ("NOPEC"), a political subdivision of the State of Ohio, to the full extent permitted by law, and for such purpose, the Mayor is hereby authorized to execute and deliver a program agreement with NOPEC in order to establish the Gas Aggregation Program through NOPEC. The Gas Aggregation Program does not apply to persons meeting any of the following criteria, as more specifically described in Section 4929.26(A)(2): (i) the person is both a distribution service customer and a mercantile customer, (n) the person has an existing commodity sales service contract with a retail natural gas supplier, (iii) the