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R-11-14VILLAGE OF DEERFIELD RESOLUTION NO. R -11 -14 A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO AUTHORIZE THE VILLAGE TO ADOPT AN "OPT -OUT" PROGRAM FOR THE SUPPLY OF ELECTRICITY TO RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHEREAS, Section 1 -92 of the Illinois Power Agency Act, 20 ILCS 3855/1 -92 ( "Act "), permits the corporate authorities of the Village, if authorized by referendum, to adopt an ordinance creating a program to allow the Village to solicit bids and enter into service agreements for the sale and purchase of electricity and related services and equipment to residential and small commercial customers in the Village who do not chose to opt -out ( "Program "); and WHEREAS, pursuant to the requirements of the Act, the corporate authorities of the Village of Deerfield hereby desire to place on the March 20, 2012 ballot a public question to be considered by the voters in the Village regarding the authorization of the Village to pursue the implementation of the Program; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Village Board. SECTION TWO: PUBLIC QUESTION ON ELECTRIC AGGREGATION. A public question shall be submitted to the voters of the Village of Deerfield, Counties of Lake and Cook, State of Illinois, at the March 20, 2012 primary election (or at the next available election permitted by the general election law), as follows: Shall the Village of Deerfield have the authority to arrange for the YES NO supply of electricity for its residential and small commercial retail customers who have not opted out of such program? SECTION THREE: FILING. The Village Clerk is hereby authorized and directed to file this authorizing Resolution and other related matters with the appropriate election officials in accordance with applicable law. SECTION FOUR: EFFECTIVE DATE. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Village Board. [SIGNATURE PAGE FOLLOWS] PASSED THIS 5th DAY OF December '2011. AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ABSENT: Farkas (1) APPROVED THIS 5th DAY OF December , 2011. ATTEST: Village M nager Village President 2