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Ordinance 2020-24 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-24 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 24th day of March,2020 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on April 2,2020. Ordinance No. 2020-24 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; and, WHEREAS,the Corporate Authorities hereby find that it is in the best interest of the City to renew 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.2020-24 Page 2 into service agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment(the "Aggregation Program"). 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. That all residents and commercial customers that are participating in the Aggregation Program will be able to cancel their participation without penalty at any time during the term of the contract. E. 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. F. The residents and small commercial customers who are selected to participate in the Aggregation Program will be guaranteed that their electric supply rate will not be higher than the published ComEd electric rate at any time during the contract period. G. That as a part of the program, the City will receive Renewable Energy Certificates("RECs")from renewable energy, such as wind and recycled energy resources,to match the aggregation's entire residential and small commercial electricity load. H. The City will receive the designation of an EPA Green Power Partner Community. I. The City will receive a grant of at least$30,000 per year that the program is under contract with the chosen electric supplier. Ordinance No.2020-24 Page 3 J. The City will engage Progressive Energy Group (PEG) a licensed ABC with the Illinois Commerce Commission. PEG will solicit bids from multiple suppliers and consult with the City in our decision to select the supplier that best meets our needs. PEG will also assist with the conversion process and provide assistance to residents with questions. K. The amended United City of Yorkville Electric Power Aggregation Plan of Operation and Governance approved pursuant to Ordinance No. 2012- 12 passed by the Mayor and City Council on May 22, 2012 is hereby approved. 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 24th day of March, 2020. • 040. fRe:AelV;13 CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS ABSENT JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this 97 day of Milke-14 , 2020. i _ MAYO' Ordinance No.2020-24 Page 4