(a) It is the policy of the City of Jackson to make available the products and services of its municipal utilities to all consumers in the City, in accordance with such rates, rules, regulations and other terms and conditions of service as are now, or may hereafter be, adopted by the City, at reasonable rates and without undue discrimination taking into account consumer situations, classifications, usage and other appropriate factors including, without limitation, availability of facilities and the capacity of the same to provide service.
(b) There is presently no provider of electric, water or sewer utility service, other than the City of Jackson and its utility departments, that is authorized by the City under Article XVIII of the Ohio Constitution to provide such utility services within the City’s corporate limits.
(c) Except for temporary construction services which may be approved by the Service Director, all new utility service connections for electric, water or sewer utility service within the corporate limits of the City of Jackson, as the same may be altered from time to time through annexation or otherwise, shall be made with the City of Jackson’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 City setting forth the terms and conditions under which it may operate or serve consumers within the City. Service from facilities existing as of the effective date of this section by a provider of utility service to a new occupant of a premise lawfully served on the effective date of this section pursuant to previous franchises granted by the City shall not be precluded by this section. Likewise, service from facilities existing in any annexed areas as of the effective date of the annexation shall be similarly treated.
(d) This section shall not affect utility service connections and arrangements between individual consumers within the City of Jackson and providers of utility services other than the City, if such arrangements are pursuant to a previous franchise and are lawful, existing and in place as of the effective date of this section or for annexed territory are lawful, existing and in place at the date of such annexation. Such arrangements and connections are hereby permitted to continue, at the option of such consumer having such arrangements and connections, unless the City of Jackson obtains such authorization or approval as may be required under the laws of the State of Ohio to cause such existing lawful arrangements and connections to be terminated and utility service provided by the City to be substituted for service provided under such other arrangements and connections.
(e) Nothing in this section is to be construed to:
(1) Limit the rights or the authority of the City of Jackson under the laws and Constitution of Ohio, including the right to sell utility products and services outside its corporate limits, or
(2) Approve the provision of utility service by any entity other than the City, or waive any of the City’s rights to object to and supplant any such service with its service to any consumer within the City or hereafter not lawfully served pursuant to franchises granted by the City.
(f) The City Attorney is hereby authorized and directed to initiate, in consultation with the Service Director such applications and other proceedings before the courts and administrative agencies of the State of Ohio 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 Service Director is hereby authorized to negotiate, and present to Council for its approval, reasonable franchise or like agreements with any entity desiring to operate facilities for the provision of or to provide electric, water or sewer utility service to consumers within the City. (Ord. 02-14. Passed 2-10-14.)