(A) It is hereby declared to be the policy of the city to make available the products and services of its municipal utilities to all residents and taxpayers of 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 customer situation, classification, usage and other appropriate factors.
(B) There is presently no provider of electric, water or sewer utility service, other than the city and its utilities, that is authorized by the city under Article XVIII of the Ohio Constitution to provide such utility services within the corporate limits of the city.
(C) On or 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 city, as the same may be altered from time to time through annexation or otherwise, shall be made with the city's 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 service consumers within the city.
(D) This section shall not affect utility service connections and arrangements to individual residents or other consumers' premises within the city, or subsequent service to a new occupant of a premise served on the effective date of this section, and providers of utility services other than the city, 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 consumer having such arrangements and connections, unless the city obtains such authorization or approval as may be required under the laws of the State of Ohio to cause such existing 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 limit either the rights or the authority of the city under the laws and Constitution of Ohio.
(F) The City Manager 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 city.
(Ord. 02-04, passed 1-5-2004)