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R-1241 - 02/26/2013 - ELECTRIC AGGREGATION - Resolutions Supporting DocumentsITEM c.F.z> ! RESOLUTION 2013 - ELEC- AGG- CMTE -R -1241 A RESOLUTION ESTABLISHING A VILLAGE ELECTRIC AGGREGATION AND ISSUES COMMITTEE WHEREAS, Section 1 -92 of the Illinois Power Agency Act, 20 ILCS 3855/1 -92 ( "Act'), authorizes the corporate authorities of a municipality to establish a program to aggregate electrical loads of residential and small commercial retail customers, and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those electrical loads ( "Electricity Aggregation Program "); and WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum, operate an Electricity Aggregation Program as an "opt -out" program that applies to all residential and small commercial retail electrical customers unless they affirmatively choose not to participate; and WHEREAS, on April 5, 2011, the voters of the Village approved a referendum to authorize the operation of an Electricity Aggregation Program as an "opt -out" program; and WHEREAS, on June 14, 2011, the Village President and Board of Trustees adopted Ordinance No. 2011 -GL- ELEC -S -1314, authorizing the establishment of an Electricity Aggregation Program as an "opt -out" program; and WHEREAS, on November 22, 2011, the Village entered into an agreement with Integrys Energy Services, Inc. ( "Integrys ") for Integrys to supply electricity for the Village's Electricity Aggregation Program ( "Agreement "); and WHEREAS, the Agreement expires in January 2014; and WHEREAS, the President and Board of Trustees desire to establish a Village Electric Aggregation and Issues Committee for the purposes of making recommendations to the Village President and Board of Trustees regarding the Electricity Aggregation Program. WHEREAS, the Village Board has determined that it would be in the general welfare and in the best interests of the Village and its residents to establish the Village Electric Aggregation and Issues Committee; and NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made apart of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Creation of the Electric Aggregation Committee. The President and Board of Trustees hereby create a committee, to be known as the Electric Aggregation and Issues Committee ( "Committee"). Section 3: Members. The Board of Trustees shall appoint seven members to the Committee. The members of the Committee shall include three Village Trustees and four residents of the Village. The Board of Trustees shall designate one member of the Committee to serve as the chairman of the Committee ( "Chairman"). Section 4: Term of Appointment. Each member of the Committee shall serve for a term of one year, and shall serve without compensation. Resolution 2013 - ELEC- AGG- CMTE -R -1241 A Resolution Establishing a Village Electric Aggregation Committee Page 2 of 3 Section 5: Vacancies. Vacancies on the Committee, should they occur, shall be filled for the unexpired term of the member whose place has become vacant, and shall be made by appointment by the Village President, with the advice and consent of the Board of Trustees. Section 6: Conduct of Meetings /Quorum. Meetings of the Committee shall be held at the call of the Chairman. All meetings shall be open to the public and duly noticed and conducted in accordance with the Open Meetings Act. The presence of a majority of the members shall constitute a quorum for the conduct of business and the holding of any meeting. The Committee shall act only with the concurring vote of a majority of members present at a duly called meeting. The Chairman shall have the power to vote. The Committee shall keep minutes of its proceedings, showing the vote of each member on every question. Section 7: Charge of the Committee. The role and responsibility of the Committee shall be as follows: a) To analyze and make recommendations to the President and the Board of Trustees about when and how to best to secure electricity pricing for the Electricity Aggregation Program; b) To analyze and make recommendations to the President and the Board of Trustees about whether the Village should retain a consultant for the Electricity Aggregation Program, what the consultant's tasks may be, and what criteria to use for selecting a consultant; C) To recommend to the President and Board of Trustees whether and how the Village should amend the Village's Electricity Aggregation Program's plan of governance; d) To make recommendations to the President and Board of Trustees about general electric supply and delivery issues affecting the Village; e) To make recommendations to the President and Board of Trustees about the supply, delivery, or purchase of other utilities affecting the Village should the General Assembly provide municipalities the authority to create aggregation programs for utilities other than electricity; and f) To engage in other specified duties or assignments as directed by the President and Board of Trustees. Section 8: Effective Date. This Resolution shall be in full force and effect from and after its passage by the President and Board of Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS) APPROVED THIS 26" day of February, 2013 Gopal G. Lalmalani Village President PASSED THIS 26" day of February, 2013 Ayes: ATTEST: Charlotte K. Pruss Village Clerk #12471974_vl Resolution 2013 - ELEC- AGG- CMTE -R -1241 A Resolution Establishing a Village Electric Aggregation Committee Page 3 of 3