R-1083 - 01/11/2011 - ELECTORS - ResolutionsRESOLUTION 2011 -EL- REF -R -1083
A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE
VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, THE QUESTION WHETHER THE
VILLAGE OF OAK BROOK SHOULD HAVE THE AUTHORITY UNDER PUBLIC ACT 096 -0176 TO
ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL
COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM
WHEREAS, the Illinois Power Agency Act, 385 5/1 -1 et seq. (the "Act") was recently amended by
the adoption of Public Act 96 -176; and
WHEREAS, under the Act if the Village seeks to operate the aggregation program under the Act
as an opt -out program for residential and small commercial retail customers, then prior to an adoption of
an ordinance to establish a program, the Village must first submit a referendum to its residents to
determine whether or not the aggregation program shall operate as an opt -out aggregation program for
residential and small commercial retail customers; and
WHEREAS, the President and Board of Trustees hereby find that it is in the best interests of the
Village to operate the aggregation program under the Act as an opt -out program and to submit the
question to the electors in a referendum pursuant to the Act.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The foregoing preambles are incorporated herein by reference as though fully set forth
herein.
Section 2: The Village President and Board of Trustees finds and determines that it is in the best
interests of the Village to operate the aggregation program under the Act as an opt -out program.
Section 3: In the event such question is approved by a majority of the electors voting on the
question at the regular election on April 5, 2011, the Village may implement an opt -out aggregation
program and if the Village adopts the program the Village shall comply with all the terms and provision of
the Act.
Section 4: The Village Clerk is directed to certify and submit the following question to the
DuPage and Cook County Clerk to be placed on the ballot for the general election to be held on April 5,
2011, in the following form:
Shall the Village of Oak Brook have the authority to arrange for the supply of YES ❑
electricity for its residential and small commercial retail customers who have not
opted out of such a program? NO ❑
Section 5: This resolution shall be in full force and effect from and after its passage, approval and
publication as required by law.
Section 6: All resolutions or parts thereof in conflict with the provisions of this resolution be and
the same are hereby repealed to the extent of such conflict.
Resolution 2011 -E1. -REF -R -1083
Submission to Electors re: Electricity
Page 2 of 2
APPROVED THIS 11" day of January, 2011.
PASSED THIS 11'" day of January, 2011.
Ayes: Trustees Aktipis Carson Mov Saived and Wolin
None
Trustee Zannis
0
ATTEST:
Charlotte K. Pruss
Village Clerk