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..:... . .v:n;,,? .? ._•??vu.r,?? ??a?.?#a?:n?a?? '"? ?".,::.. ? ?zm „?.:i ,-Fx,.,:.?-,. <,w?..:..??.?..e,,,,.?,?-..„,. . .....,.. ..... Ordinance No. 2002-18 Page 2 person has commodity sales service as part of a retail natural gas aggregation pursuant to rules and orders of the Public Utilities Cornmission of Ohio, or (iv) such other persons that are not eligible customers pursuant to rules and orders of the Public Utilities Commission of Ohio. SECTION 2: The Board of Elections of Cuyahoga County is hereby directed to submit the following questian to the electors of the City at the primary election on May 7, 2002. Shall the City of North Olmsted have the authority to aggregate the retail natural gas loads located in the City, and errter irrto service agreements for the sale and purchase of natural gas, such aggregation to occur automatically except where any person elects to opt out? The Clerk of this Councii is instructed immediately to file a certified copy of this Ordinance and the proposed form of the ballot question with the County Board of Elections not less than seventy-five (75) days prior to May 7, 2002. The Ga.s Aggregation Program sha11 not take effect unless approved by a majority of the electors voting upon the proposed ballot question at the election held pursuant to this Section 2 and Section 4929.26, Ohio Revised Code. SECTION 3: Upon the approval of a majority of the electors voting at the primary election provided for in Section 2 of this Ordinance, this Council individually or joirrtly through NOPEC, shall develop a plan of operation and governance for the Gas Aggregation Program. Before adopting such plan, this Council sha11 hold at least two public hearings on the plan. Before the first hearing, notice of the hearings shall be published once a week for two consecutive weeks in a newspaper of general circulation in the City. The notice shall summarize the plan and state the date, time, and loca.tion of each hearing. No plan adopted by this Council of NOPEC on behalf of this Council shall aggregate any retail natural gas within the City unless it in advance clearly discloses to the person whose retail natural gas is to be so aggregated that the person will be enrolled automatically in the Gas Aggregation Progam and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure sha11 a11ow any person enrolled in the Aggregation Program the opportunity to opt out of the program every two years, without paying a switching fee. Any such person that opts out of the Gas Aggregation Program pursuant to the stated procedure shall default to the natural gas company providing distribution service for the person's retail gas load, until the person chooses an alternative supplier. SECTION 4: This council finds and determines that a11 formal actions of this Council concerning and relating to the adoption of this Ordina.nce were taken in an open meeting of this council and that afl deliberations of this Council and of any committees tha.t resulted in those formal actions were in meetings open to the public in compliance with the law. SECT70N S: This Ordinance is declared ta be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the City, and for the further reason that this Ordinance is required to be immediately effective in order to file a certified copy of this Ordinance and the proposed form of the ballot question with the Board of Elections of Cuyahoga County not later than February 21, 2001, as provided herein; wherefore, this Ordinance, provided it receives the two-third affirmative vote of all of the members of this Council, sha11 be in full force and effect immediately upon its adoption and apgroval by the Mayor.