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HomeMy WebLinkAboutOrdinances - ORD-11-1563 - 11/07/2011 - PROVIDE FOR REFERENDUM QUESTION ELECTRICAL AGGREGAORDINANCE NO. ORD-11-1563 AN ORDINANCE PROVIDING FOR AND REQUIRING THE SUBMISSION OF A PROPOSITION ON TTEE PRIMARY ELECTION BALLOT TO BE HELD ON THE 20TH DAY OF MARCH 2012 ON WHETHER THE CITY OF MCHENRY SHALL HAVE THE AUTHORITY 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 City of McHenry hereinafter "City", McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Illinois Power Agency Act has been amended by Public; Act 96-0176 to add new Section 1-92 (20 ILCS 3855/1-92) hereinafter "Act" which allows murticipalities to adopt an Ordinance allowing for the aggregation of residential and small commercial retail electrical loads for the purpose of soliciting bids and entering into agreements to purchase electricity and related services and equipment; and WHEREAS, the Act finiher allows municipalities to jointly exercise its authority to aggregate electrical loads with other municipalities and counties or a combination of both, and WHEREAS, the Act allows municipalities to operate its electrical load aggregation program as either an opt -in or opt -out program, and WHEREAS, under an opt -in program, the City's residential and small commercial retail users are allowed to opt -in to participate in an agreement for electricity and related services after a provider has been selected by the City's corporate authorities; and WHEREAS, under an opt -out program, the City ran solicit bids and enter into agreements for the purchase of electricity and related services for those residential and small commercial retail electric users that have not opted -out of the City's electrical aggregation program, and WHEREAS, the City's corporate authorities believe its participation in the opt -out electrical load aggregation program working with the McHenry County Council of Governments hereinafter "MCCOG' coordinating a joint aggregate purchase ofelectricity for residential and small commercial retail electric users in McHenry County and other participating municipalities in McHenry County will achieve the lowest possible rate for residential and small commercial retail electric users, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1. The City Council of the City finds the recitals set forth above are true and correct and the foregoing recitals are a material part of this Ordinance and are incorporated herein as if they were fully set forth in this Section. SEMON 2. That the proposition referenced in this Ordinance shall be submitted to the voters of the City in accordance with the general primary election law at the primary election to be held Tuesday, the 20'h day of March, 2012, between the hours of 6:00 a.m. and 7:00 p.m. hereinafter "Election". In the event such question is approved by the majority of the electors voting on the question at the Election the City Council may implement an opt -out aggregation program in compliance with all the terms and provisions of the Act. SECTION 3. That the Election shall be held in the voting precincts and at the polling places established by the County of McHenry. That the County Clerk of McHenry County shall each give notice of the Election in accordance with election law and the Clerk of the City shall post a copy of the public notice at the principal office of the City. SEMON 4. That the Notice shall be substantially in the following form NOTICE IS HEREBY GIVEN that at the primary election to be held on Tuesday, the 2& day of March 2012, the following proposition will be submitted to the vote.Ts of the City of McHenry, McHenry County, IL: Shall the City of McHenry have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted -out of such program? The polls at said election will be open from 6:00 a.m. until 7:00 p-m. of that day. This referendum is being requested pursuant to Section 1-92 of the Illinois Power Agency Act (20 ILCS 3855/1-92). Under this Act the approval of this referendum is required before the City of McHenry can establish a program to solicit bids and enter into service agreements for the supply of electric power for the combined electric loads of those residential and small commercial retail electric users that do not opt -out of the City of McHenry's program. Dated this 7h day of November, 2011. County Clerk of the County of McHenry, I llinois SF WMON 5. That the ballots to be used at the Election shall be in substantially the following form, with such necessary alterations, changes, deletions and insertions as may be required by Article 24A, 24B or 24C of the Election Code if an electronic, mechanical or electric voting system is used at the Election or as may otherwise be required to conform to any other provision of the Election Code - (Face of Ballot) OFFICIAL BALLOT PROPOSITION ON WHETHER TIHIE CITY OF MCHENRY SHALL HAVE THE AUTHORITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED -OUT OF SUCH PROGRAM (INSTRUCTIONS TO VOTERS: Mark a cross (X) in the space opposite the word indicating the way you desire to vote). Shall the City of McHenry have the authority to arrange for the supply of electricity for its residential and small YES commercial retail customers who have not opted -out of such Program? NO (Back of Paper Ballot) OFFICIAL BALLOT Official ballot for voting on the proposition on whether the City of McHenry shall have the authority to arrange for the supply of electricity for its residential and small con.-imercial retail customers who have not opted -out of such program? Precinct Number: Polling Place: (Facsimile SignAture) [County Clerk of the County of McHenry, Illinois] SECTLON 6. That the Election shall be conducted by the duly appointed election judges in the precincts at which said propositions will be submitted to the voters of the City. SECTION 7. - That after the adoption hereof, on or before January 14, 2012, a date that is not less than 61 days prior to the date of the Election, the City Clerk shall certify the public question set forth in this Ordinance to the County Clerk of McHenry in order that the proposition set forth herein may be submitted to the voters of the City at the Election. SE MON S. That the Election shall be held and conducted and the returns thereof duly canvassed, all in the manner and time as provided by election law. SECTION 9. That if any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. SECTION 10. That all City Ordinances and parts of Ordinances in conflict herewith are hereby repealed, and that this Ordinance shall be in full force and effect forthwith upon its passage. PASSED BY THE MAYOR and CrrIY COUNCIL of the City of McHenry, Illinois, at a regular meeting thereof held on the '7'b day of November, 2011 and approved by me as Mayor on the same day. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay� None. Not Voting: None. Abstaining: None Absent: None. Susan E. Low, Mayor, City of McHenry Attest: Alwme� C ')Onyx., J!nio C*nes, Cit�T f City��enry