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