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.??.. <br />, <br />CITY OF NDRTH OLMSTED <br />DRDINANCE NO. 2000-169 <br />BY: MAYOR MUSIAL <br />AN ORDINANCE ADOPTING THE PLAN OF OPERATION <br />AND GOVERNANCE FOR THE ELECTRICITY <br />AGGREGATION PROGRAM FOR THE CITY OF NORTH <br />OLMSTED AND OTHER MEMBERS OF THE NORTHEAST <br />OHIO PUBLIC ENERGY COUNCIL, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, this Council and the electors of this City have authorized establishing an <br />opt-out electricity program for the residents, businesses, and other electric consumers in the City, <br />and to act jointly with other Ohio municipal corporations, townships and counties through the <br />Northeast Ohio Public Energy Council (NOPEC), all pursuant to Section 4928.20, Ohio Revised <br />Code; and <br />WHEREAS, NOPEC, on behalf of the City and other members of NOPEC, has held two <br />public hearings on and developed a Plan of Operation and Governance for the aggregation <br />program; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />Section 1: That this Council hereby adopts the Plan of Operation and Governance, which <br />is attached hereto as Exhibit A. <br />Section 2: That it is found and determined that all formal actions of this Council <br />concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this <br />Council and that all deliberations of this Council, and any of its committees that resulted in such <br />formal action, were in meetings open to the public in compliance with all legal requirements. <br />Section 3: That this Ordinance be and the same is hereby declared to be an emergency <br />measure necessary for the immediate preservation of the public health, safety and welfare of the <br />City, and for the further reason that this Ordinance is required to be immediately effective in order <br />that the Program may be in effect by January 1, 2001, which is the first day upon which the <br />electric aggregation program may, pursuant to law, go into effect; and further provided that it <br />receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be <br />in force immediately upon its passage and approval by the Mayor. <br />1 <br />