S-1314 - 06/14/2011 - GOVERNMENT LEGISLATION - OrdinancesORDINANCE 2011 -GL- ELEC -S -1314
AN ORDINANCE AUTHORIZING
AN ELECTRICITY AGGREGATION PROGRAM
PURSUANT TO THE ILLINOIS POWER AGENCY ACT
WHEREAS, the Illinois Power Agency Act, 20 ILCS 3855/1 -1 et seq. (the "Act"), authorizes the
corporate authorities of a municipality to adopt an ordinance authorizing 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 ( "Program "); and
WHEREAS, pursuant to Section 1 -92 of the Act, the Village may, if authorized by referendum,
operate the Program as an "opt -out" program that applies to all residential and small commercial retail
electrical customers who do not affirmatively choose not to participate in the Program; and
WHEREAS, at the April 5, 2011 election, the public question of whether to authorize the Village to
proceed with the Program as an "opt -out" program was presented to the electors of the Village, who voted
to authorize the operation of the Program as an "opt -out' program; and
WHEREAS, prior to soliciting bids and awarding proposed agreements for the provision of
electricity and other related services pursuant to the Program, the Act requires the Village Board to adopt
an ordinance authorizing the Program and to develop and approve a plan of operation for the Program
( "Plan of Operation "); and
WHEREAS, pursuant to Section 1 -92 of the Act, the Village President and Board of Trustees
must conduct two public hearings to consider and develop the Plan of Operation and are to receive
assistance from the Illinois Power Agency in developing the Plan of Operation; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interests of the Village and its residents to adopt this Ordinance to authorize the Program and to direct the
Village Manager to establish public hearings for the purpose of developing the Plan of Operation as
provided in this Ordinance;
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 incorporated into, and made a part of, this
Ordinance as the findings of the Village President and Board of Trustees.
Section 2: Authorization of Electricity Aggregation Program. Pursuant to Section 1 -92 of the
Illinois Power Agency Act, 20 ILCS 3855/1 -92, the Village President and Board of Trustees hereby
authorize the establishment of an Electricity Aggregation Program as an "opt -out' program for the
purpose of aggregating electrical loads of residential and small commercial retail electric customers in the
Village.
Section 3: Authorization and Direction to Consider Plan of Operation. The Village Manager is
hereby authorized and directed to notice two public hearings for the purpose of allowing the Village
President and Board of Trustees to develop and consider a Plan of Operation for the Program pursuant to
the Act.
Ordinance 2011 -
Authorizing an Electricity Aggregation Program
Pursuant to the Illinois Power Agency Act
Page 2 of 2
Section 4: This Ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Ayes:
APPROVED THIS 14`h day of June, 2011.
President
PASSED THIS 14th day of June, 2011.
Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
None
7', EIT:
Charlotte K. Pruss
Village Clerk
2