2012-50 INITIATING SUBMISSION TO VOTERS OF THE PUBLIC QUESTION OF WHETHER TO AUTHORIZE THE CITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY

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ORDINANCE NO . 2012- 5 0 AN ORDINANCE INITIATING THE SUBMISSION TO THE VOTERS OF THE CITY OF DECATUR OF THE PUBLIC QUESTION OF WHETHER TO AUTHORIZE THE CITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT OPT OUT OF SUCH A PROGRAM (Municipal electric aggregation) 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 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 Decatur 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 WHEREAS, the City Council has determined that it is in the best interest of the City of Decatur 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 Decatur via a referendum question pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Decatur, Macon County, Illinois, as follows: SECTION 1: The foregoing recitals are found as fact and made a part hereof. SECTION 2: The City Council further finds and determines that it is in the best interest of the City of Decatur to operate an electric aggregation program for Decatur residential and small commercial retail customers under the Act as an opt-out program. 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 Macon County Clerk in order for such question to be placed on the ballot for the general election to be held on November 6, 2012: Shall the City of Decatur have the authority to arrange for the supply of electricity for its Yes residential and small commercial retail customers who have not opted out of such a No program?