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CITY OF NORTH OLMSTED ORDINANCE N0.2011-1 BY: Mayor Kennedy AN ORDINANCF. CREATING NEW SECTION 111.10 OF THE ADMINISTRATIVE CODE OF THE CITY OF NORTH OLMSTED ENTITLED, "PUBLIC UTILITY CONTRACTS" IN ORDER TO ESTABLISH A CONTRACTING PROCEDURE TO BE USED IN SECURING CONTRACTS FOR THE PROVIDING OF PUBLIC UTILITY SERVICES TO MUNICIPAL B UILDINGS AND FIXTURES, AS AMENDED. WHEREAS, pursuant to Charter Art. VIII, §6, the "Council may authorize the expenditure of funds of the City" without public bidding "...for the product or services of public utilities (including municipal utilities...)"; and WHEREAS, neither the Charter nor North Olmsted Codified Chapter 111 "City Contracts" makes mention of a contracting procedure for public utility contracts; and WHEREAS, prior to deregulation, public utility contracts could only be entered into by the City of North Olmsted with a single source provider of electric, natural gas and telephone services; and WHEREAS, the City of North Olmsted now has at its option a number of providers for natural gas, electricity, and telephone service; and WHEREAS, it is the desire and recommendation of the Administration and the Director of Finance to establish a formal contracting process to select and enter into contracts for public utilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ,'NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION ONE: That there be and hereby is created new Section 111.10 of the Administrative Code of the City of North Olmsted, which, as created, shall read as follows: 111.10 PUBLIC UTILITY CONTRACTS. (a) Where public utility services are required, the Mayor or his designee may select a public utility provider and negotiate a public utility contract utilizing any process chosen by the Mayor or his designee so long as such process is designed to provide for competition and objectivity in the selection of a public utility provider. In so acting, the Mayor or his designee shall use a process designed or chosen that reasonably provides for competition and objectivity. After selecting a public utility provider and negotiating the terms of a proposed public utility contract, the Mayor or his designee shall submit the contract first to the Director of Law for legal review and approval and thereafter to the Board of Control for award of the contract.