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Ordinance 2015-30 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2015-30 AN ORDINANCE AUTHORIZING THE RENEWAL OF THE AGGREGATION PROGRAM FOR ELECTRICAL LOAD IN THE UNITED CITY OF YORKVILLE, ILLINOIS Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 26"'day of May, 2015 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on May 29, 2015. ORDINANCE NO. 2015- AN ORDINANCE AUTHORIZING THE RENEWAL OF THE AGGREGATION PROGRAM FOR ELECTRICAL LOAD IN THE UNITED CITY OF YORKVILLE, ILLINOIS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, 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 term of the program totaled $429 per household and $1,982,000 throughout the entire City; and, WHEREAS, the City sought bids to renew the program in 2014 and determined to suspend the program and return all participants back to Commonwealth Edison as the supplier; and, WHEREAS, the Mayor and City Council (the "Corporate Authorities") hereby find that it is in the best interest of the City to seek to renew an 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 maintaining the program's suspension and keeping all participants with Commonwealth Edison's default supply service. NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2015-30 Page 2 SECTION 1: That the Preamble of this Ordinance is declared to be true and correct and is incorporated herein by reference. SECTION 2: A. That pursuant to Section 1-92 of 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 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 residential 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 hereby grant the City Administrator or his designee the specific authority to execute a contract without further action by the Corporate Authorities and with the authority to bind the City. 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 its decision to select the supplier that best meets the needs of the City. 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 day of a , 2015. City Clerk Ordinance No. 2015-30 Page 3 CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI Y LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS DIANE TEELING \ SEAVER TARULIS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this o?$ day of MAY , 2015. Aj'f Nfayorl Ordinance No. 2015-3O Page 4