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Yy , f , <br />CITY OF NORTH OLM5TED <br />RESOLUTION NO. 99-76 <br />BY: THE MAYOR AND THE ENTIRE COUNCII. <br />A RESOLIITION OPPOSING THOSE PROVISIONS OF OHIO AMENDED <br />SUBSTITUTE SENATE BILL 3(AM. SUB. S.B. 3) WHICH WOULD REQUIRE <br />THAT MUNICIPAL CORPORATIONS ACTING AS AGGREGATORS FOR THE <br />PURCHASE OF RETAIL ELECTRIC POWER BY CONSUMER GROUPS <br />LOCATED WITHIN THEIR MZINICIPAL BOUNDARIES OBTAIN THE PRIOR <br />WRIT?'EN CONSENT (OPT-INREQUIRF.MENT) FROMEACH CONSUMER <br />WITHIN SAID CONSIIMER GROUP, AND DECLARING ANEMERGENCY. <br />WHEREAS, Am. Sub. S.B. 3, which was passed by the Ohio Senate on May 18, 1999, <br />and is now pending in the Ohio House, would provide comprehensively for competitive retail <br />electric services in the State of Ohio; and <br />WHEREAS, certain provisions of said Am. Sub. S.B. 3 would create a new Section <br />4928.20 of the Ohio Revised Code which would, inter alia, require municipal corporations acting <br />as aggregators for the purchase of retail electric power by consumer groups located within their <br />municipal boundaries to obtain the prior written consent (opt-in requirement) of each consumer <br />within said group; and <br />WHEREAS, while enabling legislation permitting municipal corporations to serve as <br />aggregators for consumer groups purchasing retail electric service furthers the public health, <br />safety and welfare, consumer opt-in requirements in such legislation are contrary to the public <br />interest and tend to financially discourage or preclude municipal corporations from acting as such <br />aggregators; and <br />WHEREAS, Article XI, Section 2 of the Charter of the City of North Olmsted, adopted <br />by the citizens of North Olmsted in 1997, authorizes this Council, by ordinance, to provide for <br />the City to act as an aggregator for the purchase of utility services by residents, and further <br />specifically provides that "the consent of individually affected utility consumers within the City <br />shall not be necessary in order to establish such aggregations"; and <br />WHEREAS, said opt-in requirements of proposed R.C. Section 4928.20 within Am. Sub. <br />S.B. 3 would merely limit the authority of municipal corporations to adopt and enforce local <br />police regulations, and therefore, as such, would violate the home rule provisions of Article <br />XVIII, Section 3 of the Ohio Constitution; and <br />WHEREAS, for these reasons, this Council strongly objects to the said provisions within <br />