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O-12-13ORDINANCE NO. 2012- 13 AN ORDINANCE AUTHORIZING AN ELECTRICITY AGGREGATION PROGRAM PURSUANT TO THE ILLINOIS POWER AGENCY ACT WHEREAS, the Illinois Power Agency Act, 20 ILCS 3855/1 -1 et seq. ( "Act'), authorizes the corporate authorities of a municipality to adopt an ordinance authorizing a program to aggregate electrical loads of residential and small commercial retail customers and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those electrical loads ( "Program'); and WHEREAS, pursuant to Section 1 -92(a) of the Act, the Village may, if authorized by referendum, operate the Program as an "opt -out" program that applies to all residential and small commercial retail electrical customers who do not affirmatively choose not to participate in the Program; and WHEREAS, on March 20, 2012, the voters of the Village approved a referendum to authorize the operation of a Program as an "opt -out' program; and WHEREAS, prior to awarding agreements for the provision of electricity and other related services pursuant to the Program, the Act requires the Village Board to adopt an ordinance authorizing the Program; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interests of the Village and its residents to authorize the Program, as provided in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village. Section 2. Authorization of Electricity Aggregation Program. Pursuant to Section 1 -92 of the Act, the Village President and Board of Trustees shall, and do hereby, authorize the establishment of the Program as an `opt -out' program for the purpose of aggregating electrical loads of residential and small commercial retail electric customers in the Village. Section 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law PASSED this 2 day of A= ri 1 2012, by vote of the Board of Trustees of the Village of Deerfield, as follows: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ABSENT: Farkas (1) ABSTAIN: None (0) APPROVED this 2 day of April , 201 2. Village Presid nt ATTES Villag4 Clerk 2 #11034415_vl