(A) The City Council finds and determines that it is in the best interests of the city to operate the electric aggregation program under the Illinois Power Agency Act ("the Act") as an opt-out program.
(B) The electric aggregation program shall be administered as follows:
(1) The city is hereby authorized to aggregate, in accordance with the terms of the Act, all residential and small commercial retail electrical loads located within the corporate limits of the city, and for that purpose may solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those loads.
(2) The Mayor and City Clerk are granted the authority to exercise such authority jointly with any other municipality or county and, in combination with two or more municipalities or counties, may initiate a process jointly to authorize aggregation by a majority vote of each particular municipality or county as required by the Act.
(3) The electric aggregation program for the city shall operate as an opt-out program for residential and small commercial retail customers.
(4) The City Council, with the assistance of the Illinois Power Agency, shall develop a Plan of Governance for the electric aggregation program. The Plan of Governance shall provide for universal access to all applicable residential customers and equitable treatment of applicable residential customers, shall describe demand management and energy efficiency services to be provided to each class of customers and shall meet any requirements established by law concerning aggregated service offered pursuant to the Act.
(5) As an opt-out program, the Mayor shall inform residential and small commercial retail customers in advance that they have the right to opt-out of the electric aggregation program.
(6) The electric aggregation shall occur automatically for each person owning, occupying, controlling, or using an electrical load center proposed to be aggregated in the corporate limits of the city, subject to a right to opt-out of the program as described under this chapter and the Act.
(C) The City Council hereby adopts the Plan of Governance, as set forth in Exhibit A attached to Ordinance 12-80 and made a part hereof as if fully set forth by this reference.
(Ord. 12-80, passed 12-10-12)