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Ordinance 2014-09 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2014-09 AN ORDINANCE AUTHORIZING RENEWAL OF AGGREGATION PROGRAM FOR ELECTRICAL LOAD Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 25th day of March,2014 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on March 31, 2014. Ordinance No. 2014-� AN ORDINANCE AUTHORIZING RENEWAL OF AGGREGATION PROGRAM FOR ELECTRICAL LOAD WHEREAS,Under Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-1, et seq., (the "Act") a municipality may operate an electric aggregation program as an opt-out program for residential and small commercial retail customers, if a referendum is passed by a majority vote of the residents pursuant to the requirements under the Act; and, WHEREAS, the United City of Yorkville, Illinois ("City") submitted the question to referendum in the March 20, 2012 election and a majority of the electors voting on the question voted in the affirmative; and, WHEREAS, the City subsequently implemented its initial opt-out aggregation program in 2012 with the term of the supplier agreement to end based on scheduled final meter read dates in August 2014; and, WHEREAS, over 4,800 residences and small businesses were originally enrolled in the program, and the aggregate savings for the first 15 months of the program have totaled $285/household and $1,345,000 throughout the entire community; and, WHEREAS, the Corporate Authorities hereby find that it is in the best interest of the City to continue to operate the aggregation program under the Act as an opt-out program and to enter into an additional contract with a supplier pursuant to the terms of the Act. However, the final decision will be based upon market pricing and the City retains the option of suspending the program and returning all participants back to Commonwealth Edison. NOW THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: That the Preamble of this Ordinance is declared to be true and correct and is incorporated by reference herein. SECTION 2: A. Pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-1, et seq., (the "Act") the Corporate Authorities of the City are hereby authorized to aggregate, in accordance with the terms of the Act, residential and small commercial retail electrical loads located within the corporate limits of the City, and for that purpose may solicit bids and enter Ordinance No.2014-09 Page 2 into service agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment. B. The Aggregation Program for the City shall continue to operate as an opt- out program for residential and small commercial retail customers. C. As an opt-out program, the Corporate Authorities of the City shall fully inform residential and small commercial retail customers in advance that they have the right to opt-out of the Aggregation Program before the resident or commercial account is renewed. The disclosure and information provided to the customers shall comply with the requirements of the Act. D. The Corporate Authorities shall review the bids and determine based on market pricing and the best interests of the City whether to enter into a supplier agreement. E. The City will again engage NIMEC, who managed the initial aggregation. NIMEC will solicit bids from multiple suppliers and consult with the City in our decision to select the supplier that best meets our needs. NIMEC will also assist with the conversion process, and provide assistance to residents with questions. SECTION 3: This Ordinance shall be in full force and effect after its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this cZ day of MA PC+i , A.D. 2014. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT T CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Ordinance No.2014-�q Page 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ON'0 day of NI ARCH 2014. Iry Y;AYOR Ordinance No.2014-PA Page 4