Loading...
HomeMy WebLinkAboutOrd 5886 12/06/2011ORDINANCE NO. 5886 AN ORDINANCE ESTABLISING A BINDING REFERENDUM FOR THE SUBMISSION OF A PUBLIC QUESTION ON THE BALLOT FOR THE MARCH 20, 2012 PRIMARY ELECTION Passed and approved by the President and Board of Trustees the 6 th day of December, 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7 th day of December, 2011 MAYOR Irvana K Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Kom John J. Mahmak Steven S. Polit Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 STATE OF ILLINOIS COUNTY OF COOK SS VILLAGE MANAGER Michael E. janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 www.nwun4n%W ect.org I, M. Lisa Angell, do hereby certify that I am the duly appointed Village Clerk of the Village of Mount Prospect and as such, am keeper of the records and files of said Village. I do further certify that attached is a true and correct copy of Ordinance No. 5886 entitled "AN ORDINANCE ESTABLISHING A BINDING REFERENDUM FOR THE SUBMISSION OF A PUBLIC QUESTION ON THE BALLOT FOR THE MARCH 20, 2012 PRIMARY ELECTION" passed at the regular meeting of the President and Board of Trustees held December 6, 2011, at which time the Village Board voted as follows: AYES: Hoefert, Korn, Matuszak, Polit, Zadel NAYS: None ABSTAIN: Juracek ABSENT: None all as appears in the official records and files in my care and custody. Dated this 19 day of December, 2011 M. Lisa Angell Village Clerk Village of Mount Prospect Cook County, Illinois (Seal) ORDINANCE NO. 5886 AN ORDINANCE PROVIDING FOR AND REQUIRING THE SUBMISSION OF A BINDING PUBLIC QUESTION TO DETERMINE WHETHER THE VILLAGE OF MOUNT PROSPECT SHOULD HAVE THE AUTHORITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT OPT OUT OF SUCH A PROGRAM, TO APPEAR ON THE BALLOT OF THE ELECTORS OF THE VILLAGE OF MOUNT PROSPECT AT THE GENERAL PRIMARY ELECTION TO BE HELD ON MARCH 20, 2012 WHEREAS, the Village of Mount Prospect is a municipal corporation duly organized and existing under the laws of the State of Illinois, and is a home rule unit of local government; and WHEREAS, the Illinois Power Agency Act, 20 ILCS 3855/1 -92, (the Act) provides that municipalities may, pursuant to approval by referendum, have the authority to arrange for the supply of electricity for the residential and small commercial customers who do not opt out of such a program; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find that it is in the best interests of the Village of Mount Prospect to operate an aggregation program under the Act as an opt -out program and that there shall be submitted, to the qualified electors of the Village of Mount Prospect, a binding public question concerning whether the Village of Mount Prospect should have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who do not opt out of such a program; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1. The foregoing recitals are an integral part of this Ordinance and are incorporated into and made a part of the Ordinance as if fully set forth. SECTION 2. The proposition hereinafter set forth shall be submitted to the voters of the Village of Mount Prospect (the "Village ") at the General Primary Election to be held on Tuesday, the 20 day of March, 2012, between the hours of 6:00 o'clock A.M. and 7:00 o'clock P.M. on said day (the "Election "). SECTION 3. The Election shall be held in the voting precincts and at the polling places established by the Cook County Clerk (the "County Clerk ") for voters of the Village at the Election. SECTION 4. The County Clerk shall give notice of the Election (the "Notice ") by: (i) publishing the Notice once, not more than thirty (30) nor less than ten (10) days prior to the date of the Election, in a local, community newspaper having general circulation 277923_1 in the Village; and (ii) posting a copy of the Notice at least ten (10) days before the date of the Election at its principal office, as required by Section 12 -5 of the Election Code of the State of Illinois, as amended (the "Election Code "), 10 ILCS 5/12 -5. SECTION 5. The Village Clerk shall post a copy of the Notice at least ten (10) days before the date of the Election at the principal office of the Village. SECTION 6. The Notice published by the County Clerk, in a community newspaper having general circulation in the Village of Mount Prospect, shall be in substantially the following form, which includes a statement as to the purpose of the referendum as required by 20 ILCS 3855/1- 92(a): "NOTICE IS HEREBY GIVEN that, at the General Primary Election to be held on Tuesday, the 20 day of March, 2012, the following proposition shall be submitted to the voters of the Village of Mount Prospect, Cook County, Illinois: Shall the Village of Mount Prospect have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such a program? The purpose of this referendum is to determine whether the Village of Mount Prospect shall be allowed to have the authority to arrange for the supply of electricity, for the residential and small commercial retail customers within the Village, in an effort to reduce the cost of the electricity for said customers, while allowing any such customer to have the option of opting out of the program, if said customer so chooses. The polls at said election will be open at 6:00 o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day. Dated this day of , 2012. Facsimile Signature Cook County Clerk, County of Cook, Illinois" SECTION 7. The ballot to be used at the Election shall be in substantially the same form as is below, and shall meet the requirements of Articles 24A, 24B or 24C of the Election Code if an electronic, mechanical or electric voting system is used at the Election: 277923_1 2 (Face of Ballot) OFFICIAL BALLOT BINDING PROPOSITION TO DETERMINE WHETHER THE VILLAGE OF MOUNT PROSPECT SHOULD HAVE THE AUTHORITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT OPT OUT OF SUCH A PROGRAM (INSTRUCTIONS TO VOTERS: Mark a cross (X) in the space opposite the word indicating the way you desire to vote. Shall the Village of Mount Prospect have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such a program? YES (Back of Ballot) OFFICIAL BALLOT Official ballot for voting at the general primary election held on March 20, 2012, on the binding proposition to determine whether the Village of Mount Prospect should have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who do not opt out of such a program. Precinct Number: Polling Place: Facsimile Signature Cook County Clerk, County of Cook, Illinois 2779231 SECTION 8. The Election shall be conducted by the election judges appointed by the County Clerk to act in the voting precincts at which said proposition shall be submitted to the voters of the Village of Mount Prospect. SECTION 9. After the adoption hereof and not less than sixty -eight (68) days prior to the date of the Election, or January 12, 2012, the Village Clerk shall certify a copy hereof to the County Clerk in order that the advisory proposition set forth herein may be submitted to the voters of the Village of Mount Prospect. SECTION 10. The Election shall be held and conducted and the returns thereof canvassed, all in the manner and time as provided by the Illinois Election Code (10 ILCS 5/1, et seq.). SECTION 11. All Ordinances, orders and resolutions or parts thereof in conflict herewith be and the same are hereby repealed. SECTION 12. This Ordinance shall be in full force and effect after its adoption and approval as provided by law. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Mount Prospect, Illinois at a regular meeting thereof held on the 6th day of December, 2011, pursuant to a roll call vote as follows: AYES: Hoefert, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None ABSTAIN: Juracek APPROVED by me this 6 day of December, 2011. ATTEST: M. Lisa Angell Village Clerk e�Avo$� X� � Ir na K. Wilks Mayor 277923_1 4 Angell, Lisa From: Angell, Lisa Sent: Tuesday, December 20, 2011 2:40 PM To: 'colleen.gleason @cookcountyil.gov' Subject: FW: Scanned from MFP- 05434625 12/20/2011 15:32 Attachments: DOC122011.pdf Hi Colleen, Thank you for guiding me through the referendum process. Attached is a copy of Ordinance No. 5886 approved by the Village of Mount Prospect, December 6, 2011. The Ordinance establishes a binding referendum for the submission of a public question on the ballot for the March 20, 2012 Primary Election; electrical aggregation. I will look for the proof after the 1st of the year. Wishing you wonderful holidays and all the best in the New Year. Thank you. Lisa Lisa Angell Village Clerk Village of Mount Prospect 847.818.5333 - - - -- Original Message---- - From: VMCopy2 [ mailto :VMCopy2(@mountprospect.org Sent: Tuesday, December 20, 2011 3:33 PM To: Angell, Lisa Subject: Scanned from MFP- 05434625 12/20/2011 15:32 Scanned from MFP- 05434625. Date: 12/20/2011 15:32 Pages:6 Resolution:200x200 DPI Please do not reply to this message. 1