HomeMy WebLinkAboutORDINANCES-2011-103-O-118
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11 /3/2011
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AN ORDINANCE
Ordinance Providing for the Submission to the Electors of
The City of Evanston, Cook County, the Question Whether
The City 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
WHEREAS, the Illinois Power Agency Act, 20 ILCS 3855, was recently
amended to add Section 1-92 entitled, "Aggregation of Electrical Load by Municipalities
and Counties" (hereinafter referred to as the "Act'); and
WHEREAS, the Act allows a municipality to operate an electric
aggregation program on behalf of its residents and small commercial retail customers
on either an opt -in or an opt -out basis; and
WHEREAS, under the Act, if the City seeks to operate an electric
aggregation program as an opt -out program for its residential and small commercial
retail electric customers, then prior to the adoption of an ordinance establishing the
electric aggregation program, the City must first submit a referendum to its residents to
determine whether or not the City should have the authority to arrange for electricity for
its residential and small commercial customers on an opt -out basis; and
WHEREAS, if the majority of the electors in the City of Evanston voting on
the question vote in the affirmative, then the City Council may implement an opt -out
electric aggregation program for residential and small commercial retail customers; and
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WHEREAS, the City Council has determined that it is in the best interest .
of the City of Evanston to operate an electric aggregation program under the Act as an
opt -out program and to submit the question to the electors of the City of Evanston via a
referendum question pursuant to the Act.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
a part hereof.
SECTION 1: The foregoing recitals are found as fact and made
SECTION 2: The City Council further finds and determines that it is in the
best interest of the City of Evanston to operate an electric aggregation program for
Evanston residential and small commercial retail customers under the Act as an opt -out
program. 0
SECTION 3: That upon passage and approval of this Ordinance, the City
Clerk is directed to immediately certify and submit the following question to the Cook
County Clerk in order for such question to be placed on the ballot for the general
primary election to be held on March 20, 2012:
Shall the City of Evanston 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 4: In the event such question is approved by a majority of the
electors in the City of Evanston voting on the question at the general primary election on
March 20, 2012, the City Council may solicit bids and enter into a service agreement to
facilitate, for residential and small commercial retail customers, the sale and purchase
of electricity and related services and equipment in accordance with the requirements of
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• the Illinois Power Agency Act, 20 ILCS 3855/1-92. The aggregation will occur on an
opt -out basis, without the prior affirmative consent of each person owning, occupying,
controlling, or using and electric load center proposed to be aggregated.
SECTION 5: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 6: That if any provision of this ordinance or application thereof
to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this ordinance is severable.
SECTION 7: That this ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
0 SECTION 8: That the findings and recitals contained herein are declared
to be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced-44w,1LrJq, 2011
Adopted: '4) atq_ n be-r .19 , 2011
Attest:
F�odney7Gene, City Clerk
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Approved:
2011
Eliz eth �BTisda:hl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
MCC
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