Ordinance 2011-80 Ordinance No. 2014-0
ORDINANCE PROVIDING FOR THE SUBMISSION TO
THE ELECTORS OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, THE PUBLIC QUESTION WHETHER THE CITY SHOULD HAVE
THE AUTHORITY UNDER THE ILLINOIS POWER AGENCY ACT AND PUBLIC
ACT 96-176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS
RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS
WHO HAVE NOT OPTED OUT OF SUCH PROGRAM
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, The Illinois Power Agency Act(20 ILCS 385511-1 et seq.) (the "Act") was
amended by Public Act 96-176 to add Section 1-92 entitled, "Aggregation of Electrical Load by
Municipalities and Counties"; and,
WHEREAS, under the Act if the City seeks to operate the aggregation program under
the Act as an opt-out program for residential and small commercial retail customers, then prior to
an adoption of an ordinance to establish a program, the City must first submit a referendum to its
residents to determine whether or not the aggregation program shall operate as an opt-out
program for residential and small commercial retail customers. If the majority of the electors
voting on the question vote in the affirmative, then the City Council may implement an opt-out
aggregation program for residential and small commercial retail customers; and,
WHEREAS, the City Council hereby finds that it is in the best interest of the City to
operate the aggregation program under the Act as an opt-out program and to submit the question
to the electors in a referendum pursuant to the Act.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. The City Council finds that the recitals set forth above are true and correct and
includes the recitals in this Ordinance.
Section 2. The City Council finds and determines that it is in the best interests of the City
to operate the aggregation program under the Act as an opt-out program.
Section 3. In the event such question is approved by a majority of the electors voting on
the question at the regular election on March 20, 2012, the City Council may implement an opt-
out aggregation program and if the City Council adopts the program the City shall comply with
all the terms and provisions of the Act.
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Section 4. The City Clerk is directed to immediately certify and submit the following
public question to the Kendall County Clerk to be placed on the ballot for the general election to
be held on March 20, 2012, in the following form:
Shall the United City of Yorkville have the authority to arrange for the Yes
supply of electricity for its residential and small commercial retail
customers who have not opted out of such program?
No
Section 5. In the event the State of Illinois amends the Act to revise the form of the
question to be placed on the ballot, the Mayor is authorized to direct the County Clerk to change
the form of the question to conform to the amended Act, if required.
Section 6. The City has elected to work in collaboration with NIMEC who will use their
professional expertise to develop a Plan of Operation and Governance, conduct the RFP process
and coordinate with Illinois Commerce Commission, Illinois Power Authority, Attorney
General's Office and Commonwealth Edison.
Section 7. This ordinance shall be in full force and effect from and after its passage and
approval as required by law.
Passed by the City Council of t e United City of Yorkville, Kendall County, Illinois this
day of �e f, A.D. 2011. ;eiz
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. JACKIE MILSCHEWSKI
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
—ttdayof �FC�m�f2 2011.
MAYOR
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