(A) It is hereby declared to be the policy of the village to make available the products and services of its municipal utilities to all residents and taxpayers of the village, in accordance with such rates, rules, regulations and other terms and conditions of service as are now, or may hereafter be, adopted by the village, at reasonable rates and without undue discrimination taking into account customer situation, classification, usage and other appropriate factors.
(B) There is presently no provider of electric, water or sewer utility service, other than the village and its utility departments, that is authorized by the village under Article XVIII of the Ohio Constitution to provide such utility services within the corporate limits of the village.
(C) On and after the effective date of this section, all new utility service connections for electric, water or sewer utility service within the corporate limits of the village, as the same may be altered from time to time through annexation or otherwise, shall be made with the village’s electric, water and sewer utilities unless and until any other entity desiring to provide such service obtains a franchise or like permit from the village setting forth the terms and conditions under which it may operate or serve consumers within the village. Service from facilities existing as of the effective date of this section by a provider of utility service to a new occupant of a premises served on the effective date of this section shall not be precluded by this section.
(D) This section shall not affect utility service connections and arrangements between individual residents or other consumers within the village and providers of utility services other than the village, if such arrangements are lawful, existing and in place as of the effective date of this section. Such arrangements and connections are hereby permitted to continue, at the option of such residents having such arrangements and connections, unless the village obtains such authorization or approval as may be required under the laws of the state to cause such existing arrangements and connections to be terminated and utility service provided by the village to be substituted for service provided under such other arrangements and connections.
(E) Nothing in this section is to be construed to limit either the rights or the authority of the village under the laws and Constitution of Ohio, including the right to sell utility products and services outside of its corporate limits.
(F) The Village Solicitor is hereby authorized and directed to initiate in consultation with the Mayor, such applications and other proceedings before the courts and administrative agencies of the state as may be necessary and appropriate to obtain any and all orders or other relief required to effectuate the purposes of this section.
(G) The Mayor is hereby authorized to negotiate and present to Council for its approval reasonable franchise or like agreements with any entity desiring to operate or provide electric, water or sewer utility service to consumers within the village.
(Ord. 04-1999, passed 2-15-1999)