HomeMy WebLinkAboutOrdinance #2059 ORDINANCE NO 2059
AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO CREATE A
GOVERNMENTAL ELECTRIC AGGREGATION PROGRAM WITH OPT-OUT
PROVISIONS PURSUANT TO THE ILLINOIS POWER AGENCY ACT (20 ILCS
3855/1-92)
WHEREAS, pursuant to Public Act 96-176 (effective January 1, 2010) and Public Act
97-338 (effective August 12, 2011) the State of Illinois enacted electric deregulation statutes,
which authorizes the corporate authorities of the City to adopt an ordinance under which it may
aggregate its residential and small commercial retail electrical loads located within the City and
may solicit bids and enter into service agreements to facilitate for those loads the sale and
purchase of electricity and related services and equipment; and
WHEREAS, the City may exercise such authority jointly with any other municipality or
county; and
WHEREAS, aggregation by the City of Canton provides an opportunity for residential
and small commercial businesses to participate in the benefits of electric deregulation through
lower rates, which they may not otherwise be able to take advantage of on an individual basis;
and
WHEREAS, this Council seeks to establish a governmental aggregation program with
opt-out provisions pursuant to 20 ILCS 3855/1-92 (the "Aggregation Program"), for the residents
and small commercial businesses within the City of Canton.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, as follows:
1. SECTION 1: The Council finds and determines that it is in the best interests of the City
of Canton, its residents and small commercial businesses to establish the Aggregation
Program in the City of Canton. Provided that the Aggregation Program is approved by
the electors of the City of Canton, the City is hereby authorized to aggregate
automatically pursuant to 20 ILCS 3855/1-92, competitive retail electric service for the
retail loads located within the City of Canton, and, for that purpose enter into an
agreement with Integrys Energy Services, Inc. The aggregation will occur automatically
far each person owning, occupying, controlling, or using a electricity load center
proposed to be aggregated and will provide for the opt-out rights described in this
ordinance.
2. SECTION 2: The Agreement with Integrys Energy Services, Inc., which is attached
hereto and incorporated herein as Exhibit A, is hereby approved in the form attached as
Exhibit A, said Agreement to be subject and effective pursuant to the terms and
conditions set forth therein.
3. Section 3: That the Mayor and City Clerk of the City of Canton, Illinois are hereby
authorized and directed to execute said Agreement on behalf of the City of canton.
4. Section 4: Upon approval of a majority of the electors voting at the March 20, 2011
general election, the Council shall develop a plan of operation and governance for the
Aggregation Program. Before adopting such a plan, this Council shall hold at least two
(2) public hearings on the plan. Before the first hearing, notice of the hearings shall be
public once a week for two consecutive weeks in The Daily Ledger, a newspaper of
general circulation in the City of Canton. The notice shall summarize the plan and state
the date, time and location of each hearing. No plan adopted by this Council shall
aggregate any retail electric load located within the City unless it in advance clearly
discloses to the person whose retail electric load is to be so aggregated that the person
will be enrolled automatically in the aggregation and will remain so enrolled unless the
person affirmatively elects by a stated procedure not to be so enrolled. The disclosure
shall state prominently the rates, charges and other terms and conditions of enrollment.
The stated procedure shall allow any person enrolled in the aggregation the opportunity
to opt out of the aggregation at least every two years, without paying a switching fee.
Any such person who opts out of the aggregation pursuant to the stated procedure shall
default to the electric company providing distribution service for the person's retail
natural electric load, until the person chooses an alternative supplier.
5. EFFECTIVE DATE: This Ordinance shall become effective follows its passage and
approval in the manner provided by law.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 6 day of
December 2011 upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
APPROVED:
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Kevin R. eade, Mayor
TEST:
iana uc er, City Clerk