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THE VILLAGE OF ISLAND LAKELAKE AND MCHENRY COUNTIES, ILLINOIS

________________________________________________________________

ORDINANCENUMBER _________

________________________________________________________________

AN ORDINANCE AUTHORIZING AGGREGATIONOF ELECTRICAL LOAD AND ADOPTING

AN ELECTRIC AGGREGATIONPLAN OF OPERATION AND GOVERNANCE

_______________________________________________________________

DEBORAH HERRMANN, Mayor

Chuck CermakShannon Fox

Connie MascillinoThea Morris

Donna OMalleyLaura Rabattini

Village Board

________________________________________________________________Published in pamphlet form by authority of the Mayor and Village Board of the Village of IslandLake on ______________________, 2012

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VILLAGE OF ISLAND LAKE

ORDINANCE NO. _______

AN ORDINANCE AUTHORIZING AGGREGATIONOF ELECTRICAL LOAD AND ADOPTING

AN ELECTRIC AGGREGATIONPLAN OF OPERATION AND GOVERNANCE

WHEREAS, recently the Illinois Power Agency Act, Chapter 20, Illinois CompiledStatutes, Act 3855, was amended to include Section 1-92 entitled Aggregation of Electrical Loadby Municipalities and Counties (hereinafter referred to as the Act); and

WHEREAS, under the Act, the Village may operate the aggregation program under theAct as an opt-out program for residential and small commercial retail customers, if a referendumis passed by a majority vote of the residents pursuant to the requirements under the Act; and

WHEREAS, the Village submitted the question in a referendum on March 20, 2012, and

a majority of the electors voting on the question voted in the affirmative; and

WHEREAS, the Corporate Authorities of the Village hereby find that it is in the bestinterest of the Village to operate the aggregation program under the Act as an opt-out programand to implement the program according to the terms of the Act; and

WHEREAS, the Act requires that prior to the implementation of an opt-out electricalaggregation program by the Village, the Village must adopt an electrical power aggregation planof operation and governance and hold not less than two (2) public hearings; and

WHEREAS, the Village held the required Public Hearings for the Electric PowerAggregation Plan of Operation and Governance on April 12, 2012 and April 26, 2012 and

provided the required public notice;

NOW THEREFORE, BE IT ORDAINED BY THE Mayor and Village Board of the Villageof Island Lake, Lake and McHenry Counties, Illinois as follows:

Section 1: The above-stated recitals and findings are incorporated herein by reference.

Section 2: The Corporate Authorities of the Village find and determine that it is in thebest interests of the Village to operate the electric aggregation program under the Act as an opt-out program.

Section 3:

A. The Corporate Authorities of the Village hereby are authorized toaggregate in accordance with the terms of the Act residential and small commercial retailelectrical loads located within the corporate limits of the Village, and for that purpose may solicitbids and enter into service agreements to facilitate for those loads the sale and purchase ofelectricity and related services and equipment.

B. The Corporate Authorities of the Village are granted the authority toexercise such authority jointly with any other municipality or county and, in combination with two

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or more municipalities or counties, may initiate a process jointly to authorize aggregation by amajority vote of each particular municipality or county as required by the Act.

C. The Aggregation Program for the Village shall operate as an opt-outprogram for residential and small commercial retail customers.

D. The Aggregation Program shall be approved by a majority of themembers of the Corporate Authority of the Village.

E. The Corporate Authorities of the Village with the assistance from theIllinois Power Agency shall develop a plan of operation and governance for the AggregationProgram and shall conduct such public hearings and provide such public notice as requiredunder the Act. The Load Aggregation Plan shall provide for universal access to all applicableresidential customers and equitable treatment of applicable residential customers, shall describedemand management and energy efficiency services to be provided to each class of customersand shall meet any requirements established by law concerning aggregated service offeredpursuant to the Act.

F. As an opt-out program, the Corporate Authorities of the Village shall fullyinform residential and small commercial retail customers in advance that they have the right toopt-out of the Aggregation Program. The disclosure and information provided to the customersshall comply with the requirements of the Act.

G. The electric aggregation shall occur automatically for each personowning, occupying, controlling, or using an electrical load center proposed to be aggregated inthe corporate limits of the Village, subject to a right to opt-out of the program as described underthis ordinance and the Act.

H. The Corporate Authorities hereby grant the Mayor or her designee inwriting the specific authority to execute a contract to implement the electrical aggregation

program without further action by the Corporate Authorities and with the authority to bind theVillage.

Section 4: The Corporate Authorities hereby adopt the Electrical Power AggregationPlan of Operation and Governance as set forth in Exhibit A attached hereto and made a parthereof as if fully set forth by this reference.

Section 5: In the event a conflict exists between the terms of this Ordinance and anyother ordinance of the Village, the terms of this Ordinance shall govern.

Section 6: In the event that any term or provision hereof is found or determined to beinvalid, the invalid portion shall be deemed stricken herefrom and the remainder shall be in full

force and effect.

Section 7: This ordinance shall be in full force and effect after its passage, approvaland publication in pamphlet form as provided by law.

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Dated this day of , 2012.

AYES NAYS ABSENT ABSTAININGChuck Cermak _____ _____ _______ _________

Shannon Fox ________Connie Mascillino _________Thea Morris _________Donna OMalleyLaura Rabattini _____ _____ _______ _________

VILLAGE OF ISLAND LAKE

__________________________Deborah Herrmann, Mayor

ATTEST:

__________________________Jen Gomez, Clerk

Published in pamphlet form this _____ day of ____________, 2012.

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Exhibit A

Electrical Power Aggregation Plan of Operation and Governance