AN ORDINANCE RATIFYING AND AUTHORIZING A NATURAL GAS AGGREGATION AGREEMENT WITH CONSTELLATION NEWENERGY – GAS DIVISION, LLC, AND DECLARING AN EMERGENCY
WHEREAS, Aspen Energy, pursuant to its Consulting and Management Agreement with the Village, is providing consulting and other aggregation services to the Village of Killbuck in connection with the Village’s natural gas aggregation program;
WHEREAS, pursuant to Village of Killbuck Ordinance No. 2022-09, Council authorized the Mayor and Fiscal Officer to execute a Replacement Governmental Gas Aggregation Program Agreement with the replacement supplier, rate, and term to be recommended by Aspen Energy at a later date;
WHEREAS, on Friday, June 24, 2022, Aspen Energy contacted the Village Fiscal Officer and recommended that the Village immediately lock-in a contract with Constellation NewEnergy – Gas Division, LLC, for Constellation to provide natural gas supplier services to Governmental Aggregation Program Members at a fixed monthly rate of $0.763 per Ccf, for a thirty-six (36) month term beginning September 1, 2022, as set forth in the Natural Gas Aggregation Agreement;
WHEREAS, on Friday, June 24, 2022, the Fiscal Officer approved the recommendation of Aspen Energy and executed the Natural Gas Aggregation Agreement with Constellation; and
WHEREAS, Village Council wishes to ratify and approve the Constellation Natural Gas Aggregation Agreement executed on June 24, 2022.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the Village of Killbuck, Holmes County, Ohio:
SECTION 1. Council does hereby ratify and approve the Natural Gas Aggregation Agreement with Constellation NewEnergy – Gas Division, LLC, for Constellation to provide natural gas supplier services to Governmental Aggregation Program Members at a fixed monthly rate of $0.763 per Ccf, for a thirty-six (36) month term beginning September 1, 2022, which Agreement was executed by the Fiscal Officer on June 24, 2022.
SECTION 2. This Ordinance is hereby declared to be a retroactive emergency measure, necessary for the immediate preservation of the public peace, health, or safety, for the reasons that the Constellation Natural Gas Aggregation Agreement relates to a pending gas aggregation program, the goal of which is to benefit the residents of the Village, and this Ordinance ratifies and approves the execution of the Natural Gas Aggregation Agreement with Constellation NewEnergy – Gas Division, LLC to lock-in the rate set forth in the Agreement effective June 24, 2022, and therefore this Ordinance is retroactively effective as of June 24, 2022.
SECTION 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
PASSED AS EMERGENCY this 3rd day of August, 2022.
SIGNATURES ON FILE