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O-37-12 Ord Authorizing Aggregation of Electrical LoadVILLAGE OF LEMONT ORDINANCE NO. (9 - 3 7 - 1 AN ORDINANCE AUTHORIZING AGGREGATION OF ELECTRICAL LOAD ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 14th DAY OF MAY, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 14th day of May, 2012. ORDINANCE NO.0✓ 37— a-- AN ORDINANCE AUTHORIZING AGGREGATION OF ELECTRICAL LOAD WHEREAS, recently the Illinois Power Agency Act, Chapter 20, Illinois Compiled Statutes, Act 3855, added Section 1 -92 entitled Aggregation of Electrical Load by Municipalities and Counties (hereinafter referred to as the "Act "); WHEREAS, under the Act, the Village may operate the aggregation program under the Act 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 Village submitted the question in a referendum on March 20, 2012, and a majority of the electors voting on the question voted in the affirmative; and, WHEREAS, the corporate authorities hereby find that it is in the best interest of the Village to operate the aggregation program under the Act as an opt -out program and to implements the program according to the terms of the Act NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities of the Village of Lemont find that the recitals set forth above are true and correct. SECTION 2: The Corporate Authorities of the Village of Lemont find and determine that it is in the best interests of the Village of Lemont to operate the electric aggregation program under the Act as an opt -out program. 1 SECTION 3: A. The Corporate Authorities of the Village of Lemont hereby are 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 Village of Lemont , and for that purpose may solicit bids and enter into service agreements to facilitate for those loads that sale and purchase of electricity and related services and equipment. B. The Corporate Authorities of the Village of Lemont are granted the authority to exercise such authority jointly with any other municipality or county and in combination with two or more municipalities or counties, may initiate a process jointly to authorize aggregation by majority vote of each particular municipality or county as required by the Act. C. The Aggregation Program for the Village shall operate as an opt -out program for residential and small commercial retail customers. D. The Aggregation Program shall be approved by a majority of the members of the Corporate Authority of the Village of Lemont . E. The Corporate Authorities of the Village with the assistance of the Illinois Power Agency shall develop a plan of operation and governance for the Aggregation Program and shall conduct such public hearings and provide such public notice as required under the Act. The Load Aggregation Plan shall provide for universal access to all applicable residential customers and equitable treatment of applicable residential customers, shall describe demand management and energy efficiency services to be provided to each class of customers and shall meet any requirements established by law concerning aggregated service offered pursuant to the Act. F. As an opt -out program, the residential and small commercial retail customers shall be fully informed in advance that they have the right to opt -out of the Aggregation Program. The disclosure and information provided to the customers shall comply with the requirements of the Act. G. The Electrical Aggregation shall occur automatically for each person owning, occupying, controlling or using an electrical Toad center proposed to be aggregated in the corporate limits of the Village, subject to a right to opt -out of the program as described under this ordinance and Act. H. Because of the way the bidding process works, the Village or his designee will need to have the authority to sign a contract with the lowest cost electricity provider on the same day that bids are received. The Village or his designee has the authority to execute a contract with the lowest cost electricity supplier upon receipt and review of the bids. 2 SECTION 4: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 14th day of May, 2012. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer V ' Paul Chialdikas V Clifford Miklos Ron Stapleton Rick Sniegowski 1 Jeanette Virgilio ATTEST: CHARLEN M. SMOLLEN Village Clerk 3 BRIAN K. REAVES President