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HomeMy WebLinkAbout2. Electricity Aggregation: Plan of Governance & Operation 05/08/2012NOTICE OF PUBLIC HEARING PLAN OF OPERATION CERTIFICATE OF PUBLICATION AND GOVERNANCE FOR AGGREGATION OF ELECTRIC POWER FOR Paddock Publications, Inc. RESIDENTIAL AND SMALLCOMMERCI RETAIL USERS Public Hearings will behe held on May 8, 2012 at 7:00 P.m., D& Jffagd in the Village Board Room of Village Hall, 50 South Emerson Street, Mount Prospect, Illinois and an in Corporation organized and existing under and by virtue of the laws of May 9, 2012 at 6:30 p.m. the Center of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher g C g ommunity on St�e ll1 So Prosy er- Illinois. A referendum was of the DAILY HERALD. That said DAILY HERALD is a secular passed on March 20, 2012 ou- thorizing the Village to newspaper and has been circulated daily in the Village(s) of negotiate for electric rates. The purpose of the hearings the Algonquin Antioch Arlington Heights Aurora Barrington is to obtain input from public on the Plan of Opera- tion and Governance for Ag- Barrington Hills Lake Barrington North Barrington, South Barrington, gregation of E lectric Power for Residential and Small Bartlett Batavia Buffalo Grove Burlington Campton Hills Commercial Retail Users. The Plan details how the Vil- Cam entersville,Cary.D eer Park Des Plaines South Elgin, East Dundee, 'age will administer the electrical aggregation pro- Elb urn, Elgin,Elk Grove Village Fox Lake Fox River Grove, Geneva, gram, in which residents and small commercial re- Gilberts Grayslake Green Oaks Gurnee Hainesville, Ham tail users may participate, as well as bid procedures. A cop of the proposed plan is Hanover Park Hawthorn Woods Hoffman Estates, Huntley, Inverness, available for review in the Office of the Village Clerk Island Lake Kildeer Lake Villa, Lake in the Hills, Lake Zurich, and the Village's website www.mountPros- Libertyville Lincolnshire Lindenhurst Long Grove t. rospect, pect.orgJaggreg Writ ten and oral comments will Mundelein,Palatine Prospect Heights Rolling Meadows, Round Lake, be accepted; email coin- ments can be forwarded to: aggregatlon®mountpros- Round Lake Beach,Round Lake Heights Round Lake park Schaumburg �illageClerk Sle Hollow St Charles Streamwood Tower Lakes, Vernon Hills, e� M. Lisa Angel I gpr25 MayD 2012 Herald Volo Wauconda Wheeling West Dundee Wildwood, Sugar Grove && 125 County(ies) of Cook Kane Lake McHenry and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published April 26 Mgy 2 2012 in said DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY Authorized Agent Control # 4299125 Village Of Mount Prospect Electricity Aggregation: Plan of Governance & Operation DRAFT April 24, 2012 I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION Pursuant to the Illinois Power Agency Act ("Act"), 20 ILCS 3855/1 -92, the VILLAGE of MOUNT PROSPECT (I VILLAGE" or "The VILLAGE) is authorized to aggregate the electric loads of small commercial and retail customers located within their municipal boundaries (herein referred to as "Municipal Aggregation "). As part of the municipal aggregation, the VILLAGE may select a retail electric supplier, and enter into an agreement to facilitate the purchase of electricity and related services and equipment on behalf of the VILLAGE's residents and small businesses. Additionally, the Act also states: The corporate authorities or county board may also exercise such authority jointy with any other municipality or county. Two or more municipalities or counties, or a combination of both, may inifiat+e a process jointly to authorize aggregation by a majority vote of each particular municipality or counfy as required by this Section. The VILLAGE may jointly exercise its authority depending on pricing responses. However, if such a joint pricing option is deemed advantageous to the pricing for residents the joint pricing will be considered as part of the acceptable of the electrical pricing bid. The VILLAGE seeks to collectively aggregate the retail electric loads of eligible residents and small commercial retail accounts and to solicit bids for the purchase of that electricity. The VILLAGE intends to solicit bids seeking various pricing options, contract terms, and options for increased volumes of renewable energy. Residential and small commercial retail customers often lack the resources to conduct due diligence and negotiate favorable terms with alternate retail electric suppliers on their own. With its large quantity of eligible electric accounts, the VILLAGE has the potential to attract lower rates than the current default tariff service rate, while also acquiring a cleaner power supply. In accordance with the Act, the VILLAGE passed Ordinance #5886 dated the 0 & day of December, 2011 authorizing a referendum in the community on the March 20, 2012 ballot which asks the public for authority to create an Opt -Out Aggregation Program ("Program') for its residents and small business customers. A copy of the Ordinance and Cleric's Certification is included in Attachment A to this Plan of Governance and Operation. The VILLAGE's voters approved the Municipal Aggregation Referendum at the March 20, 2012 primary election (a record of the vote in included in Attachment B to this document). Following the referendum, the VILLAGE retained the services of a Consultant to assist with planning and implementing the program, bidding and selecting the electricity supplier, and advising the VILLAGE on public outreach and education related to municipal aggregation. Page 1 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance soliciting bids and entering into service agreements to facilitate for those loads the purchase of electricity, related services and equipment in accordance with Section 1 -92 of the Act. "Aggregation Consultant" or "Consultant" shall refer to Northern Illinois. Electric Collaborative (NIMEC), the independent consultant with demonstrated expertise in electric supply conhacting that has been retained by the VILLAGE to assist with the implementation of each member municipality's Program. "Aggregation Member" or "Member" shall mean a residential or small commercial retail electric account enrolled in the VILLAGE's Municipal Aggregation Program. "Aggregation Program" or "Program" shall mean the program developed by the VILLAGE of Mount Prospect, as a Municipal Aggregator under the Act, to provide residential and small commercial customers in the VILLAGE with retail electric supply as described in this document. "Aggregation Program Agreement" or "Agreement" shall mean the agreement between the VILLAGE and the Supplier to supply electricity and related services to Aggregation Membem. "Alternative Retail Electric Supplier" or "ARES" shall mean an entity certified by the Illinois Commerce Commission to offer electric power or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail customers, and shall include, without limitation, resellers, aggregators and power marketers but shall not include the Electric Utility or the VILLAGE's Aggregation Members. For purposes of this document, the definition of Altemative Retail Electric Supplier is more completely set forth in 220 ILCS 5/16 -102. "Ancillary Services" shall mean the necessary services that must be provided in the generation and delivery of electricity. As defined by the Federal Energy Regulatory Commission, they include: coordination and scheduling services (load following, energy imbalance service, control of transmission congestion); automatic generation control (load frequency control and the economic dispatch of plants); contractual agreements (loss compensation service); and support of system integrity and security (reactive power, or spinning and operating reserves). "Bidder" shall mean an Aibemative Retail Electric Supplier that responds to a Request for Proposals from the VILLAGE. "Commonwealth Edison" or "ComEd" or "Utility" shall mean the Commonwealth Edison Utility Company, as the entity that has a franchise, license, permit or right to distribute furnish or sell electricity to retail customers within the VILLAGE. Page 3 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance "Opt -Out Notice" or "Notice" shall mean the letter mailed to Eligible Retail Customers informing them of the prices, terms and conditions of the Program and containing instructions regarding how to Opt Out of the Program. "Opt -Out Period" shall mean the time period during which eligible residents and small commercial retail customers are notified of their eligibility to participate in the Aggregation Program and provided instructions for opting out or in. "PIPP" shall mean Percentage of Income Payment Plan (PIPP) created by the Emergency Assistance Act, 305 ILCS 20 -18 to provide a bill payment assistance program for low- income residential customers. "Plan of Operation and Governance" or "Plan" shall mean this Aggregation Plan of Operation and Governance. "Qualified Bidder" shall mean a Bidder that meets the minimum criteria set by the first stage of the VILLAGE's RFP process. "REC" shall mean duly certified and verified Renewable Energy Credits. "Request for Proposals" or "RFP" shall mean a formal written invitation to responsible Bidders to submit qualifications and pricing methods for electricity supply, services, and equipment to the Aggregation. "Small Commercial Retail Customer" shall mean those retail customers with an annual consumption of less than 15,000 kWh per 220 ILCS 5/16 -102, provided, however, that the definition of Small Commercial Retail Customer will include such other definition or description as may become required by law or tariff. "Supplier" shall mean an Alternative Retail Electric Supplier selected by the VILLAGE to supply electricity and related services to Aggregation Members under an Aggregation Program Agreement. "Switching Process" shall mean the process after the Opt-Gut Period has expired when Aggregation Members are switched to the selected Supplier's electric supply. `VILLAGE" or "The VILLAGE" shall mean the VILLAGE of Mount Prospect, acting by and through its corporate authorities, and authorized VILLAGE employees. "VILLAGE Design" shall mean the person (or persons) empowered by the VILLAGE though Ordinance to authorize and execute a contract price lock for electricity supply on behalf of the Village Board. Page 5 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance in its discretion, choose to reject all bids, or to re -bid the electric service under the same or amended terms of this Plan. I. Authorize Notifications. The VILLAGE shall assist the Supplier in drafting customer notification materials during the switching and opt-out/in process. The VILLAGE shall specify the form and content of such materials, and all communications disseminated by the Supplier to residents and small businesses during the opt -outfin process must be approved by the Supplier. J. Responsibility. The VILLAGE and Consultant, as the facilitators of this bidding process, are not responsible for providing electricity to the members of the Aggregation, or for billing or collecting for electricity provided under any Aggregation Program Agreement, and has no responsibility beyond the duties described herein. ComEd will continue to provide a single bill to Aggregation Members for all electrical charges. K. Cost Reimbursement. The VILLAGE shall implement and offer the Aggregation Program as a service to its residents and small businesses. The Program shall be revenue - neutral. Any VILLAGE expenditure related to the Aggregation Program shall be recouped by the VILLAGE through a per kWh charge, determined in the Agreement with the Supplier, which shall be collected by the Supplier and remitted to the VILLAGE. All fees paid or collected by the VILLAGE in conjunction with the Aggregation Program shall be disclosed to aggregation members. L. Energy Efficiency and Demand Response. The VILLAGE and Consultant shall seek to develop effective energy efficiency and demand response programs within six (6) months of the commencement of the Aggregation Program. To the greatest extent possible, the VILLAGE will seek initial input concerning energy efficiency and demand response programs from unbiased and publicly available resources such as the Illinois Green Economy Network (IGEN) through the Illinois Community College network. IV. ROLE OF THE AGGREGATION CONSULTANT A. Enter into a Written Contract The Aggregation Consultant wig enter into a formal written contract with the VILLAGE. The contract will specify terms, duties and maximum compensation due to the Consultant from the Village. B. Fulfill Assigned Duties. The Aggregation Consultant shall advise and assist the VILLAGE with the development and implementation of its Municipal Aggregation Program, including advising staff and upon request elected afficsals (at the request of the VILLAGE) on all aspects of the program; developing all necessary documents, soliciting and reviewing bids received, making recommendations as appropriate and monitoring the Supplier's compliance with the requirements of the Agreement. Page 7 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance C. Local Authority. The corporate authorities of the VILLAGE will retain the full and absolute right to accept, accept with conditions, or reject any proposal_ The VILLAGE may, but is not required to, select a supplier to- provide an energy power supply for the Aggregation Program according to the:terms of this Plan. If the VILLAGE does not select a Supplier, the VILLAGE will notify the Aggregation Members that their electricity will continue to be provided through the ComEd default tariff service. D. Pricing. Bidders will submit fixed rate bids ($/kWh) to be charged to provide full- requirements electricity supply, capacity, transmission, and ancillary services to Aggregation Member. The VILLAGE's intent in soliciting the proposals is to provide residents with delivered electricity prices that are always less than ComEd's applicable rates. E. Supply Options. Pricing options for at least the following supply options will be sought through the solicitation: 1. Standard Community Energy Mix. Electricity supply that includes the minimum level of renewable energy resources for the entire Aggregation Portfolio as required by the State of Illinois Renewable Portfolio Standard. 2. Enhanced Community Renewable Energy Mix. Electricity supply that includes volumes of Renewable Energy Credits (RECs) in excess of the minimum level of renewable energy resources required for the entire Aggregation Portfolio by the State of Illinois Renewable Portfolio Standard. The excess REC volumes are to be sourced from biomass, hydro, vAnd, solar photovoltaic, or landfill gas and certified by a reliable authority. Supplying the elevated number of RECs to the Aggregation will be a pricing option in the solicitation process. Costs associated with securing the excess RECs will be applied to all Members if the option is accepted by the VILLAGE. 3. Enhanced Individual Renewable Energy Mix. Electricity supply that includes the minimum level of renewable energy resources for the entire Aggregation Portfolio as required by the State of Illinois Renewable Portfolio Standard. Excess REC volumes are offered to individual Members seeking to increase their renewable energy mix for their own accounts. RECs are to be sourced from biomass, hydro, wind, solar photovoltaic, or landfill gas and certified by a reliable authority. Supplying the elevated number of RECs to Members on an individual basis will be a pricing option in the solicitation process. Costs associated with securing the excess RECs will be applied only to those Members that choose to secure the added RECs at their own option. The VILLAGE will determine whether any option beyond the Lowest Price Mix will be accepted. Page 8 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance 5. Customer Service. i. The ability to reach all ComEd residential -and small commercial retail customers...in,VILLAGE to educate ttiem_omthe teens of the Aggregation Program and the Act, ensuring that marketing materials take into account multiple modes of communication including but not limited to regular mail using the VILLAGE's envelopes, email distribution lists, websites, social media and phone contact; ii. A local or toll -free telephone access line which will be available to Aggregation Members 24 hours a day, seven days a week. Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. After normal business hours, the access One may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. Under normal operating conditions, telephone answer tines by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) thirty seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis; iii. The capacity to deliver customer service for Members requiring non - English verbal and written assistance; iv. The capacity to deliver customer service for hearing impaired Members; v. Accommodate Member inquiries and complaints about energy supply and services; vi. Answer questions regarding the Program in general. G. Evaluation of Qualifications. The VILLAGE and Consultant will evaluate and assign scores to each Bidder based on the following criteria in order to establish a Qualified Bidder Pool. 1. Financial strength of the Bidder; 2. Quality of the Response to the Aggregation Plan; 3. Quality of the Opt -Out Plan and Account Enrollment Timeline; Page 11 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance advance notice of such changes to the VILLAGE and receives the written permission of the VILLAGE. 1. Opt -Out Fees. No exit fees will be applied to Aggregation Members who seek to opt -out of the Aggregation after the initial opt -out process has conducted. 2.Optrin Fees. No entrance flees will be applied to accounts who seek to join the aggregation after the commencement of the Aggregation supply contract. 3. Account Transfer Fees. No fees will be applied to Aggregation Members who relocate within the VILLAGE and new customers who establish new electric service. D. Billing. Collection and credit procedures remain the responsibility of the Utility and the individual Aggregation Member. ComEd will continue to provide a single bill to Aggregation Members. Members will continue to remit and comply with the payment terms of ComEd inducting the option to opt for a budget bill through ComEd. The VILLAGE will not be responsible for late payment or non- payment of any Member Accounts. Neither the VILLAGE nor the Supplier shall have separate credit or deposit polities for Members. E. Supply Mix. The Agreement shall specify the supply mix as quoted in the proposal. F. Supply Pricing. The Agreement shall spedfy the rates due from eligible retail customers that join the Program. Pricing will be established on a fixed rate basis for the following Member groupings: 1. Standard. Those accounts enrolled through the standard Opt -Out process. 2. Off-Cycle. Those accounts seeking enrollment at times other than the Standard Op-Out process. The Agreement will require that the Supplier use all commercially reasonable efforts to provide accounts seeking entry to the Aggregation after the initial opt-Out period with the same energy supply pricing as that provided the entire Aggregation. Accounts enrolled after the initial Opt -Out period will be induded in any Standard pricing offers presented to the Aggregation after the account is initially enrolled. G. Confidentiality of Customer Database. The Agreement shall require the Supplier to preserve the confidentiality of all Aggregation Members' account information and shall agree to adopt and follow protocols to preserve that confidentiality. The Supplier, as a material condition of any contract, shall not disclose, use, sell or provide customer account information to any person, firm or Page 13 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance below will automatically be placed on the ComEd default tariff service unless and until the account chooses another Supplier. 1. Eligible Retail Customer List After selecting a Supplier, the VILLAGE and the Consultant will request from ComEd the full listing of residential and small commercial accounts located within the boundaries of the VILLAGE. Under confidential agreement with the Supplier, the VILLAGE and Consultant will work with the Supplier to remove any customers determined to be ineligible due to one or more of the following: 1. The customer is not located within the VILLAGE; ii. The customer has a pre - existing agreement with another Supplier; iii. The customer has free ComEd service; iv. The customer has hourly rate ComEd customer (real time pricing); v. The customer is on ComEd's electric heat rate; vi. The customer is on a ComEd bundled hold. 2. Initial Opt -Out Process. After the Eligible Detail Customer List is reviewed, the Supplier will mail the Opt -Out Notices described below to all eligible account holders within the boundaries of VILLAGE. I. Manner of Providing Notices and information. The Supplier will be required to pay for printing and mailing of all Aggregation and Opt-Out Notices on the VILLAGE envelope and letterhead. The Supplier will mail Aggregation and Opt -Out Notices to the eligible account holders within the boundaries of VILLAGE at the address provided with the Retail Customer Identification Information provided by ComEd. The Notice shall indicate that it is from the VILLAGE, and include the VILLAGE NAIL and logo on the envelope. The Notice shall be signed by the VILLAGE executive or Designee. H. Contend of Notice. The VILLAGE and the Supplier will agree to the format and contents of the Aggregation and Opt -Out Notice prior to distribution or mailing. The Notice will inform the electric account owner of the existence of the Aggregation Program, the identity of the Supplier, the rates to be charged. The Notice will also inform PIPP or LIHEP customers of the consequences of participating in the Aggregation. Page 15 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance B. Development of Customer Database. The Supplier will maintain a secure database of Customer Account Information. The database will include the ComEd account number, and Supplier account number of each active Member, and other pertinent information such as rate code, rider code (f applicable), and usage and demand history. The database will be updated on an ongoing basis C. Subsequent Opt -Out Process. 1. Account Enrollment. After the initial Opt-Out Process is completed, the VILLAGE and Supplier will establish procedures and protocols to work with ComEd on an ongoing basis to add, delete or change any customer participation or rate information. 1. Off-Cycle Account Additions. 1) New Accounts. The VILLAGE will request from ComEd on a periodic basis a listing of all active accounts located within the VILLAGE boundaries. The VILLAGE and the Consultant will identify the accounts on that list that have been added since prior Opt -Out Notifications were issued. The Supplier will mail information to any new accounts upon the request of the Village to determine interest in participating in the aggregate pricing. The process described in Section %All A of this Plan will be followed to facilitate enrollment or exclusion from the Program. 2) Optnn Accounts. Customers may join the Program after initially Opting Out by contacting the VILLAGE or the Supplier. 3) Moving Into the Village. Residents and small commercial retail accounts that move into the Village will be included in the Village's program upon enrollment. Any new accounts shall be able to enroll under the same term;, conditions, and pricing as accounts that were initially enrolled. However, any subsequent enrollees will only have the availability to participate in the aggregation program for as long as the term of the agreement is in place. Customers will be provided information as to how to consider enrollment from the Village. 4)- Moving Within the Village and Maintaining the Same Account Number. The selected supplier shall c ontimie service at the same rate and under the same terms and conditions for any Member who relocates within the Village Page 17 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance 2. Aggregation Reports. The Supplier will provide the VILLAGE with quarterly reports showing the number of Members participating in the Aggregation Program and the total cwt for energy provided to the Aggregation as compared to the ComEd's default tariff service rates. In addition, the Supplier will report its efforts at member education. D. Cause for Termination of Agreement. The Agreement may be terminated for any of the following' 1. End of term. The VILLAGE's service Agreement with the Supplier will terminate upon its expiration. 2. Early Termination. The VILLAGE will have the right to terminate the Agreement prior to the expiration of the term in the event the Supplier commits any act of default. Acts of default include but are not limited to the following; 1. Breach of Confidentiality regarding Customer information. Ii. Lapse or revocation of any required license or certification listed as a qualification in the RFP. iii. ComEd's termination of its relationship with the Supplier. iv. Any act or omission which constitutes deception by affirmative statement or practice, or by omission, fraud, misrepresentation, or a bad faith practice. v. Billing or attempting to collect any charge other than the approved MNh rates and contractually approved charges. vi. Failure to perform at a minimum level of customer service required by the VILLAGE. 3. Program Termination. The VILLAGE has the sole authority to terminate the Program by Ordinance. E. Termination Process. 1. Notice. The VILLAGE will provide the Supplier with written notice of termination. 2. Cure Period. The Supplier and the VILLAGE will attempt to resolve any issues cooperatively within seven (7) business days. If the issue is not resolved, the VILLAGE will again notify the Supplier in writing of its Page 19 of 20 Draft Mount Prospect Electric Aggregation Plan of Governance 1 ' .r ATTACHMENT "A" _ ORDINANCE 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 day of December, 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7 day of December, 2011 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 COMIIAERCIAL 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 139 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, lffinois, 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 "1 NIW') at the General Primary Election to be held on Tuesday, the 2& 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 Cleric (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 277M1 (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 NO (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 ekK* icity for its residential and small commercial retail customers who do not opt out of such a program. Precinct Number: Polling Place: Facsimile Signature Cools County Clerk, County of Cook, Illinois 7 1 a ATTACHMENT "H" RESOLUTION NO. 08-12 A RESOLUTION DECLARING THE RESULTS OF A BINDING PUBLIC QUESTION TO DETERMINE VIMEII•lER THE VILLAGE 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, WHEREAS, the March 20, 2012 ballot for the General Primary Election (Presidential Primary Ballot) Included a referendum on a binding public question to determine whether the Village of Mount Prospect, Cook County, I llinois, 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 pursuant tp Section 3855/1-92 or the Illinois Power Agency Act, 20 ILCS 385511 -92 (the "Referendum7; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect do hereby declare the results of the Referendum for said Village. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE That pursuant to the Election Laws of the State of Illinois, the Referendum was on the March 20, 2012 General Primary Election (Presidential Primary Ballot). SECTION TWO That an official canvass was conducted on April 10, 2012 by the Cook County Clerk's Canvassing Board for the Village of Mount Prospect declaring that 5,880 ballots were counted as follows: Yes 3,448 No 2,432 SECTION THREE That the Referendum was approved by a majority vote of the electors voting, such that the Village of Mount Prospect is authoriited to arrange for the supply of electricity for its residential and small commercial retail customers who do not opt out of such a program, pursuant to Section 385511-92 of the Illinois Power Agency Act, 20 ILCS 38551192. SECTION FOUR: This Resolution shall be in full forte and etiiect from and after Its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Kom, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 17th day of April, 2012. 7 7 1 " L " . 1. /' ATTEST. 1 "