O-77-11 Ord Providing Submission of Electric AggregationAN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE
ELECTORS OF THE VILLAGE OF LEMONT, COOK, WILL, AND DUPAGE
COUNTIES, THE QUESTION WHETHER THE VILLAGE SHOULD HAVE THE
AUTHORITY UNDER PUBLIC ACT 096 -0176 TO ARRANGE FOR THE SUPPLY OF
ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL
CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM
1. Recently, the Illinois Power Agency Act, Chapter 20, Illinois Compiled Statures, Act
3855, added Section 1 -92 entitled Aggregation of Electrical Loads by Municipalities
and Counties, hereinafter referred to as the "Act"
2. Under the Act if the Village 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 Village must first
submit a referendum to its residents to determine whether or not the aggregation
program shall operate as an opt -out aggregation program for residential and small
commercial retail customers.
3. The Board of Trustees of the Village of Lemont hereby finds that it is in the best
interest of the Village of Lemont 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
BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTY ILLINOIS AS
FOLLOWS:
SECTION ONE: The Board of Trustees of the Village of Lemont finds that the
recitals set forth above are true and correct and includes the recitals in the Ordinance.
SECTION TWO: The Board of Trustees of the Village of Lemont finds and
determines that it is in the best interest of the Village of Lemont to operate the
aggregation program under the Act as an opt -out program.
SECTION THREE: In the event such question is approved by a majority of the electors
voting on the question at the General Primary Election held on March 20th, 2012, the
Board of Trustees of the Village of Lemont may implement an opt -out aggregation
program and if said Board of Trustees adopts the program the Village shall comply with
all the terms and provision of the Act.
SECTION FOUR: The Village Clerk of the Village of Lemont is directed to certify and
submit on or before January 12, 2012, the following question to the Cook County Clerk
to be placed on the ballot for the General Primary Election to be held on March 20, 2012
in the following form:
Shall the Village of Lemont have the authority to arrange for the
supply of electricity for its residential and small commercial retail
customers who have not opted out of such program?
YES
NO
SECTION FIVE: Severability. If any section, paragraph, clause or provision of this
ordinance is held invalid, the invalidity of such section, paragraph, clause or provision
shall not affect any other provisions of this ordinance.
SECTION SIX: Repeal of Inconsistent Ordinances: That all ordinances or parts
thereof in conflict with the terms of the ordinance are hereby repealed and of no further
force and effect to the extent of any such conflict.
SECTION SEVEN: Publication: That the Village Clerk is hereby directed to publish this
ordinance in pamphlet form.
SECTON EIGHT: This ordinance shall be in full force and effect from and after its
passage and approval as required by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS on this 28th
day of November, 2011.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
U
v
Brian K. Reave , i age President
CHARLENE SMOL EN, Village Clerk