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person owning, occupying, controlling, or using an electric load center proposed to be aggregated <br />and will provide for the opt-out rights described in Section 3 of this Ordinance. <br />SECTION 2: The Board of Elections of Cuyahoga County is hereby directed to submit <br />the following question to the electors of the City at the general election on November 7, 2000. <br />Shall the City of North Olmsted have the authority to aggregate the retail electric loads <br />located in the City, and for that purpose, enter into service agreements to facilitate for <br />those loads the sale and purchase of electricity, such aggregation to occur automatically <br />except where any person elects to opt out? <br />The Clerk of this Council is instructed immediately to file a certified copy of this <br />Ordinance and the proposed form of the ballot question with the County Board of Elections not <br />less than seventy-five (75) days prior to November 7, 2000. The Aggregation Program shall not <br />take effect unless approved by a majority of the electors voting upon this Ordinance and the <br />Aggregation Program provided for herein at the election held pursuant to this Section 2 and <br />Section 4928.20, Ohio Revised Code. <br />SECTION 3: Upon the approval of a majority of the electors voting at the general <br />election provided for in Section 2 of this Ordinance, this Council individually or jointly with any <br />other political subdivision, shall develop a plan of operation and governance for the Aggregation <br />Program. Before adopting such plan, this Council shall hold at least two public hearings on the <br />plan. Before the first hearing, notice of the hearings shall be published once a week for two <br />consecutive weeks in a newspaper of general circulation in the City. The notice shall summarize <br />the plan and state the date, time, and location of each hearing. No plan adopted by this Council <br />shall aggregate the electrical load of any electric load center within the City unless it in advance <br />clearly discloses to the person owning, occupying, controlling, or using the load center that the <br />person will be enrolled automatically in the Aggregation Program and will remain so enrolled <br />unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure <br />shall state prominently the rates, charges, and other terms and conditions of enrollment. The <br />stated procedure shall allow any person enrolled in the Aggregation Program the opportunity to <br />opt out of the program every two years, without paying a switching fee. Any such person that <br />opts out of the Aggregation Program pursua.nt to the stated procedure shall default to the standard <br />service offer provided under division (a) of Section 4928.14 or division (d) of Section 4928.35, <br />Ohio Revised Code until the person chooses an alternative supplier. <br />SECTION 4: This council finds and determines that all formal actions of this Council <br />concerning and relating to the adoption of this Ordinance were taken in an open meeting of this <br />council and that all deliberations of this Council and of any committees that resulted in those <br />formal actions were in meetings open to the public in compliance with the law. <br />SECTION 5: This Ordinance is declared to be an emergency measure necessary for the <br />immediate preservation of the public health, safety and welfare of the City, and for the further <br />reason that this Ordinance is required to be immediately effective in order to file a certified copy <br />of this Ordinance and the proposed form of the ballot question with the Board of Elections of <br />Cuyahoga County not later than seventy-five (75) days prior to the November 7, 2000 election, <br />