G61-11 Ordinance No. G61-11
AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF
THE CITY OF ELGIN; KANE AND COOK COUNTIES, THE QUESTION WHETHER THE
CITY SHOULD HAVE THE AUTHORITY UNDER 20 ILCS 3855/1-92 TO ARRANGE FOR
THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL
RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM
WHEREAS, on January 1, 2010, the Illinois Power Agency Act, Chapter 20, Illinois
Compiled Statutes, Act 3855, was amended to include Section 1-92 entitled Aggregation of
Electrical Load by Municipalities and Counties (hereinafter referred to as the "Act"); and
WHEREAS, under the Act if the City of Elgin ("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 of the City hereby finds that it is in the best interest of the
City of Elgin 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 CITY OF
ELGIN, as follows:
Section 1. The city council of the City of Elgin finds that the recitals set forth above
are true and correct and incorporates the recitals into and as part of this ordinance.
Section 2. The city council finds and determines that it is in the best interests of the
City of Elgin to operate the aggregation program under the Act as an opt-out program.
Section 3. The city clerk of the City of Elgin is directed to immediately certify and
submit the following question to all appropriate election authorities to be placed on the ballot for
the general election to be held on March 20, 2012, in the following form:
Shall the City of Elgin have the authority to YES
arrange for the supply of electricity for its
residential and small commercial retail customers NO
who have not opted out of such program?
Section 4. 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 for residential and small commercial retail customers and if the
City Council adopts the program the City shall comply with all the terms and provisions of the
Act.
Section 5. That this ordinance shall be in full force and effect upon its passage and
approval in the manner provided by law.
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David J. Ka ain, ayor
Presented: December 21, 2011
Passed: December 21, 2011
Vote: Yeas: 7 Nays: 0
Recorded: December 21, 2011
Published: December 22, 2011
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Attest:
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Kimberly Dewis; eity Clerk
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