927.01 SERVICE CONTRACTS; SALE OF NATURAL GAS AND ELECTRICITY ON THE OPEN MARKET WITHOUT ADVERTISEMENT FOR BIDS; ECONOMIC DEVELOPMENT SUBSIDIES.

   (a)    The Executive Director of Infrastructure (Executive Director), or his or her designee shall have the power to enter into contracts with consumers pursuant to Chapters 943, 935, 939 and 947, respectively.

   (b)    The Executive Director, or his or her designee shall have the power to enter into contracts for opportunity sales of surplus natural gas (including contracts for natural gas) and transportation capacity, and the power to enter into contracts for opportunity and other sales of surplus electricity (including contracts for electricity), whether generated or purchased, and for the sale and disposal of ash and other by-products from the generation of electricity, surplus coal and transportation capacity, in each case on the open market without the advertisement for bids, subject to the following conditions:

      (1)    The terms of the proposed contract shall have been approved by the City Manager.

      (2)    The request for such approval shall have been accompanied by the recommendation of the Executive Director.

      (3)    The annual aggregate quantity of any such sales of electricity shall not exceed 30 MW on an annual basis, without the prior approval of Council.

      (4)    The duration of any such contract shall not exceed one year, and

      (5)    The authority for all such contracts for the sale of electricity and natural gas is subject to all applicable limitations imposed by the Ohio Constitution on the authority to dispose of surplus gas and electricity.

   Council shall receive a report from the City Manager not less frequently than annually on such sales.

   (c)    The Executive Director, or his or her designee may, by contract with a consumer authorized by resolution of the City Council on the recommendation of the City Manager, for the purpose of fostering economic development within the City, provide subsidies in the form of rebates of portions of the charges for product or service of any of the City's utilities provided in the Codified Ordinances. Such rebates shall be only for the period and to the extent authorized by such resolution and payment shall be conditioned on the achievement of the goals and on the schedule and other terms specified in such contract.

   (d)    Any request to the City Manager for consideration for approval by the City Manager of, or for submission by the City Manager to the City Council for its approval of, a proposed contract for utility product or services pursuant to the Codified Ordinances shall include the recommendation of the Executive Director and, if such proposed contract provides for any rebate for the purpose of fostering economic development, the recommendation of the City Manager and/or his designated representative with respect thereto.

(Ord. 2018-4-40. Passed 4-11-18.)

   (e)   The Executive Director, or his or her designee, shall have the power to enter into contracts for opportunity sales of surplus Renewable Energy Credits (RECs) on the open market without the advertisement for bids, subject to the following conditions:

      (1)   The terms of the proposed contract shall have been approved by the City Manager.

      (2)   The request for such approval shall have been accompanied by the recommendation of the Executive Director.

      (3)   The annual aggregate quality of any such sales of RECs shall not exceed the annual generation from the applicable hydroelectric facility, without the prior approval of Council.

      (4)   The duration of any such contract shall not exceed five (5) years.

      (5)   Council shall receive a report from the City Manager not less frequently than annually on such sales.

         (Ord. 2022-1-4. Passed 1-26-22.)