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ORDINANCE NO. 2012-82 <br /> AN ORDINANCE AUTHORIZING AGGREGATION OF ELECTRIC LOAD AND <br /> ADOPTING AN ELECTRIC AGGREGATION PLAN OF OPERATION AND <br /> GOVERNANCE <br /> WHEREAS, recently the Illinois Power Agency Act, Chapter 20, Illinois Complied <br /> Statutes, Act 3855, added Section 1-92 entitled Aggregation of Electrical Load by Municipalities <br /> and Counties (hereinafter referred to as the "Act"); and <br /> WHEREAS, under the Act, the City of Decatur may operate the aggregation program <br /> under the Act as an opt-out program for residential and small commercial retail customers, if a <br /> referendum is passed b a majority vote of the residents pursuant to the requirements under the <br /> Act; and <br /> WHEREAS, the City of Decatur submitted the questions in a referendum on November <br /> 6, 2012, and a majority of the electors voting on the question voted in the affirmative; and <br /> WHEREAS, the corporate authorities hereby find that it is in the best interest of the City <br /> of Decatur to operate the aggregation program under the Act as an opt-out program and to <br /> implement the program according to the terms of the Act; and <br /> WHEREAS, the Act requires that prior to the implementation of an opt-out electrical <br /> aggregation program by the City of Decatur, the City must adopt a Plan of Operation and <br /> Governance and hold not less than two (2)public hearings; and <br /> WHEREAS, the City held the required Public Hearings for the Plan of Operation and <br /> Governance on November 13, 2012, at 10:00 a.m. and 5:30 p.m., and provided the required <br /> public notice. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br /> OF DECATUR, ILLINOIS: <br /> Section 1. That the recitals set forth above are true and correct. <br /> Section 2. That it is determined to be in the best interest of the City to operate the electric <br /> aggregation program under the Act as an opt-out program. <br /> Section 3. That the City Council are hereby authorized to aggregate in accordance with <br /> the terms of the Act residential and small commercial retail electrical loads located within the <br /> corporate limits of the City of Decatur, and for that purposed may solicit bids and enter into <br /> service agreements to facilitate for those loads the sale and purchase of electricity and related <br /> services and equipment. <br />