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| Public Act 096-0204 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 11-119.1-4 and 11-119.2-4 as follows:
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(65 ILCS 5/11-119.1-4) (from Ch. 24, par. 11-119.1-4)
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Sec. 11-119.1-4. Municipal Power Agencies. A. Any 2 or more | ||||
municipalities,
contiguous or noncontiguous, and which operate | ||||
an electric utility system,
may form a municipal power agency | ||||
by the execution of an agency agreement
authorized by an | ||||
ordinance adopted by the governing body of each municipality.
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The agency agreement may state:
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(1) that the municipal power agency is created and | ||||
incorporated under
the provisions of this Division as a body | ||||
politic and corporate, municipal
corporation and unit of local | ||||
government of the State of Illinois;
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(2) the name of the agency and the date of its | ||||
establishment;
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(3) that names of the municipalities which have adopted the | ||||
agency agreement
and constitute the initial members of the | ||||
municipal power agency;
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(4) the names and addresses of the persons initially | ||||
appointed in the
ordinances adopting the agency agreement to | ||||
serve on the Board of Directors
and act as the representatives | ||
of the municipalities, respectively, in the
exercise of their | ||
powers as members;
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(5) the limitations, if any, upon the terms of office of | ||
the directors,
provided that such directors shall always be | ||
selected and vacancies in their
offices declared and filled by | ||
ordinances adopted by the governing body
of the respective | ||
municipalities;
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(6) the location by city, village or incorporated town in | ||
the State of
Illinois of the principal office of the municipal | ||
power agency;
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(7) provisions for the disposition, division or | ||
distribution of obligations,
property and assets of the | ||
municipal power agency upon dissolution; and
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(8) any other provisions for regulating the business of the | ||
municipal
power agency or the conduct of its affairs which may | ||
be agreed to by the
member municipalities, consistent with this | ||
Division, including, without
limitation, any provisions for | ||
weighted voting among the member municipalities
or by the | ||
directors.
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B. The presiding chief executive officer of the Board of | ||
Directors of any municipal power agency established
pursuant to | ||
this Division or such other officer selected by the Board of | ||
Directors, within 3 months after establishment, shall file
a | ||
certified copy of the agency agreement and a list of the | ||
municipalities
which have adopted the agreement with the | ||
recorder of deeds of the county
in which the principal office | ||
is located. The recorder of deeds shall record
this certified | ||
copy and list and shall immediately transmit the certified
copy | ||
and list to the Secretary of State, together with his | ||
certificate of
recordation. The Secretary of State shall file | ||
these documents and issue
his certificate of approval over his | ||
signature and the Great Seal of the
State. The Secretary of | ||
State shall make and keep a register of municipal
power | ||
agencies established under this Division.
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C. Each municipality which becomes a member of the | ||
municipal power agency
shall appoint a representative to serve | ||
on the Board of Directors, which
representative may be a member | ||
of the governing body of the municipality.
Each appointment | ||
shall be made by the mayor, or president, subject to the
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confirmation of the governing body. The directors so appointed | ||
shall hold
office for a term of 3 years, or until a successor | ||
has been duly appointed
and qualified, except that the | ||
directors first appointed shall determine
by lot at their | ||
initial meeting the respective directors which shall serve
for | ||
a term of one, 2 or 3 years from the date of that meeting. A | ||
vacancy
shall be filled for the balance of the unexpired term | ||
in the same manner
as the original appointment.
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The Board of Directors is the corporate authority of the | ||
municipal power
agency and shall exercise all the powers and | ||
manage and control all of the
affairs and property of the | ||
agency. The Board of Directors shall have full
power to pass | ||
all necessary ordinances, resolutions, rules and regulations
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for the proper management and conduct of the business of the | ||
board, and
for carrying into effect the objects for which the | ||
agency was established.
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At the initial meeting of the Board of Directors to be held | ||
within 30 days
after the date of establishment of the municipal | ||
power agency and at the
first meeting of each fiscal year | ||
thereafter, the directors shall elect
from their members a | ||
presiding officer to preside over the meetings of the Board of | ||
Directors president and an alternative presiding officer | ||
vice-president and may elect an executive
board. The Board of | ||
Directors shall determine and designate in the agency's bylaws | ||
the titles for the presiding officers. The directors shall also | ||
elect a secretary and treasurer, who need
not be directors. The | ||
board may select such other officers, employees and
agents as | ||
deemed to be necessary, who need not be directors or residents
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of any of the municipalities which are members of the municipal | ||
power agency.
The board may designate appropriate titles for | ||
all other officers, employees, and agents. All persons selected | ||
by the board shall hold their respective offices during
the | ||
pleasure of the board, and give such bond as may be required by | ||
the board.
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D. The bylaws of the municipal power agency, and any | ||
amendments thereto,
shall be adopted by the Board of Directors | ||
by a majority vote (adjusted
for weighted voting, if provided | ||
in the Agency Agreement) to provide the following:
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(1) the conditions and obligations of membership, if any;
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(2) the manner and time of calling regular and special | ||
meetings of the
Board of Directors;
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(3) the procedural rules of the Board of Directors;
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(4) the composition, powers and responsibilities of any | ||
committee or executive board;
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(5) the rights and obligations of new members, and the | ||
disposition of
rights and obligations upon termination of | ||
membership; and
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(6) such other rules or provisions for regulating the | ||
affairs of the municipal
power agency as the board shall | ||
determine to be necessary.
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E. Every municipal power agency shall maintain an office in | ||
the State
of Illinois to be known as its principal office. When | ||
a municipal power
agency desires to change the location of such | ||
office, it shall file with
the Secretary of State a certificate | ||
of change of location, stating the
new address and the | ||
effective date of change. Meetings of the Board of
Directors | ||
may be held at any place within the State of Illinois, | ||
designated
by the Board of Directors, after notice. Unless | ||
otherwise provided by the
bylaws, an act of the majority of the | ||
directors present at a meeting at
which a quorum is present is | ||
the act of the Board of Directors.
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F. The Board of Directors shall hold at least one meeting | ||
each year for
the election of officers and for the transaction | ||
of any other business.
Special meetings of the Board of | ||
Directors may be called for any purpose
upon written request to | ||
the presiding officer of the Board of Directors president or | ||
secretary to call the meeting.
Such officer shall give notice | ||
of the meeting to be held not less than 10
days and not more | ||
than 60 days after receipt of such request. Unless the
bylaws | ||
provide for a different percentage, a quorum for a meeting of | ||
the
Board of Directors is a majority of all members then in | ||
office. All meetings
of the board shall be held in compliance | ||
with the provisions of "An Act
in relation to meetings", | ||
approved July 11, 1957, as amended.
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G. The agency agreement may be amended as proposed at any | ||
meeting of the
Board of Directors for which notice, stating the | ||
purpose, shall be given
to each director and, unless the bylaws | ||
prescribe otherwise, such amendment
shall become effective | ||
when ratified by ordinances adopted by a majority
of the | ||
governing bodies of the member municipalities. Each amendment, | ||
duly
certified, shall be recorded and filed in the same manner | ||
as for the original agreement.
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H. Each member municipality shall have full power and | ||
authority, subject
to the provisions of its charter and laws | ||
regarding local finance, to appropriate
money for the payment | ||
of the expenses of the municipal power agency and
of its | ||
representative in exercising its functions as a member of the | ||
municipal
power agency.
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I. Any additional municipality which operates an electric | ||
utility system
may join the municipal power agency, or any | ||
member municipality may withdraw
therefrom upon the approval by | ||
ordinance adopted by the governing body of
the majority of the | ||
municipalities which are then members of the municipal
power | ||
agency. Any new member shall agree to assume its proportionate | ||
share
of the outstanding obligations of the municipal power | ||
agency and any member
permitted to withdraw shall remain | ||
obligated to make payments under any
outstanding contract or | ||
agreement with the municipal power agency. Any
such change in | ||
membership shall be recorded and filed in the same manner
as | ||
for the original agreement.
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J. Any 2 or more municipal power agencies organized | ||
pursuant to this Division
may consolidate to form a new | ||
municipal power agency when approved by ordinance
adopted by | ||
the governing body of each municipality which is a member of
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the respective municipal power agency and by the execution of | ||
an agency
agreement as provided in this Section.
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(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.2-4) (from Ch. 24, par. 11-119.2-4)
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Sec. 11-119.2-4. A. Any 2 or more municipalities, | ||
contiguous or
noncontiguous, and which operate a natural gas | ||
plant or system, may form a
municipal natural gas agency by the | ||
execution of an agency agreement authorized
by an ordinance | ||
adopted by the governing body of each municipality. The agency
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agreement may state:
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(1) that the municipal natural gas agency is created and | ||
incorporated under
the provisions of this Division as a body | ||
politic and corporate, municipal
corporation and unit of local | ||
government of the State of Illinois;
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(2) the name of the agency and the date of its | ||
establishment;
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(3) the names of the municipalities which have adopted the | ||
agency agreement
and constitute the initial members of the | ||
municipal natural gas agency;
| ||
(4) the names and addresses of the persons initially | ||
appointed in the
ordinances adopting the agency agreement to | ||
serve on the Board of Directors
and act as the representatives | ||
of the municipalities, respectively, in the
exercise of their | ||
powers as members;
| ||
(5) the limitations, if any, upon the terms of office of | ||
the directors,
provided that such directors shall always be | ||
selected and vacancies in their
offices declared and filled by | ||
ordinances adopted by the governing body
of the respective | ||
municipalities;
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(6) the location by city, village or incorporated town in | ||
the State of
Illinois of the principal office of the municipal | ||
natural gas agency;
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(7) provisions for the disposition, division or | ||
distribution of obligations,
property and assets of the | ||
municipal natural gas agency upon dissolution; and
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(8) any other provisions for regulating the business of the | ||
municipal
natural gas agency or the conduct of its affairs | ||
which may be agreed to by the
member municipalities, consistent | ||
with this Division, including, without
limitation, any | ||
provisions for weighted voting among the member municipalities
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or by the directors.
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B. The presiding chief executive officer of the Board of | ||
Directors of any municipal natural gas agency
established | ||
pursuant to this Division or such other officer selected by the | ||
Board of Directors, within 3 months after establishment,
shall | ||
file a certified copy of the agency agreement and a list of the
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municipalities which have adopted the agreement with the | ||
recorder of the county
in which the principal office is | ||
located. The recorder shall record this
certified copy and list | ||
and shall immediately transmit the certified copy and
list to | ||
the Secretary of State, together with his certificate of | ||
recordation.
The Secretary of State shall file these documents | ||
and issue his certificate of
approval over his signature and | ||
the Great Seal of the State. The Secretary of
State shall make | ||
and keep a register of municipal natural gas agencies
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established under this Division.
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C. Each municipality which becomes a member of the | ||
municipal natural gas
agency shall appoint a representative to | ||
serve on the Board of Directors, which
representative may be a | ||
member of the governing body of the municipality. Each
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appointment shall be made by the mayor, or president, subject | ||
to the
confirmation of the governing body. The directors so | ||
appointed shall hold
office for a term of 3 years, or until a | ||
successor has been duly appointed and
qualified, except that | ||
the directors first appointed shall determine by lot at
their | ||
initial meeting the respective directors which shall serve for | ||
a term of
one, 2 or 3 years from the date of that meeting. A | ||
vacancy shall be filled for
the balance of the unexpired term | ||
in the same manner as the original
appointment.
| ||
The Board of Directors is the corporate authority of the | ||
municipal natural
gas agency and shall exercise all the powers | ||
and manage and control all of the
affairs and property of the | ||
agency. The Board of Directors shall have full
power to pass | ||
all necessary ordinances, resolutions, rules and regulations
| ||
for the proper management and conduct of the business of the | ||
board, and
for carrying into effect the objects for which the | ||
agency was established.
| ||
At the initial meeting of the Board of Directors to be held | ||
within 30 days
after the date of establishment of the municipal | ||
natural gas agency and at the
first meeting of each fiscal year | ||
thereafter, the directors shall elect
from their members a | ||
presiding officer to preside over the meetings of the Board of | ||
Directors president and an alternate presiding officer | ||
vice-president and may elect an executive
board. The Board of | ||
Directors shall determine and designate in the agency's bylaws | ||
the titles for the presiding officers. The directors shall also | ||
elect a secretary and treasurer, who need
not be directors. The | ||
board may select such other officers, employees and
agents as | ||
deemed to be necessary, who need not be directors or residents
| ||
of any of the municipalities which are members of the municipal | ||
natural gas
agency. The board may designate appropriate titles | ||
for all other officers, employees, and agents. All persons | ||
selected by the board shall hold their respective offices
| ||
during the pleasure of the board, and give such bond as may be | ||
required by the
board.
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D. The bylaws of the municipal natural gas agency, and any | ||
amendments
thereto, shall be adopted by the Board of Directors | ||
by a majority vote
(adjusted for weighted voting, if provided | ||
in the Agency Agreement) to provide
the following:
| ||
(1) the conditions and obligations of membership, if any;
| ||
(2) the manner and time of calling regular and special | ||
meetings of the
Board of Directors;
| ||
(3) the procedural rules of the Board of Directors;
| ||
(4) the composition, powers and responsibilities of any | ||
committee or
executive board;
| ||
(5) the rights and obligations of new members, and the | ||
disposition of
rights and obligations upon termination of | ||
membership; and
| ||
(6) such other rules or provisions for regulating the | ||
affairs of the
municipal natural gas agency as the board shall | ||
determine to be necessary.
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E. Every municipal natural gas agency shall maintain an | ||
office in the State
of Illinois to be known as its principal | ||
office. When a municipal natural gas
agency desires to change | ||
the location of such office, it shall file with
the Secretary | ||
of State a certificate of change of location, stating the
new | ||
address and the effective date of change. Meetings of the Board | ||
of
Directors may be held at any place within the State of | ||
Illinois, designated
by the Board of Directors, after notice. | ||
Unless otherwise provided by the
bylaws, an act of the majority | ||
of the directors present at a meeting at
which a quorum is | ||
present is the act of the Board of Directors.
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F. The Board of Directors shall hold at least one meeting | ||
each year for
the election of officers and for the transaction | ||
of any other business.
Special meetings of the Board of | ||
Directors may be called for any purpose
upon written request to | ||
the presiding officer of the Board of Directors president or | ||
secretary to call the meeting.
Such officer shall give notice | ||
of the meeting to be held not less than 10
days and not more | ||
than 60 days after receipt of such request. Unless the
bylaws | ||
provide for a different percentage, a quorum for a meeting of | ||
the
Board of Directors is a majority of all members then in | ||
office. All meetings
of the board shall be held in compliance | ||
with the provisions of the Open
Meetings Act.
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G. The agency agreement may be amended as proposed at any | ||
meeting of the
Board of Directors for which notice, stating the | ||
purpose, shall be given
to each director and, unless the bylaws | ||
prescribe otherwise, such amendment
shall become effective | ||
when ratified by ordinances adopted by a majority
of the | ||
governing bodies of the member municipalities. Each amendment, | ||
duly
certified, shall be recorded and filed in the same manner | ||
as for the original
agreement.
| ||
H. Each member municipality shall have full power and | ||
authority, subject
to the provisions of its charter and laws | ||
regarding local finance, to
appropriate money for the payment | ||
of the expenses of the municipal natural gas
agency and of its | ||
representative in exercising its functions as a member of the
| ||
municipal natural gas agency.
| ||
I. Any additional municipality which operates a natural gas | ||
plant or system
may join the municipal natural gas agency, or | ||
any member municipality may
withdraw therefrom upon the | ||
approval by ordinance adopted by the governing body
of the | ||
majority of the municipalities which are then members of the | ||
municipal
natural gas agency. Any new member shall agree to | ||
assume its proportionate
share of the outstanding obligations | ||
of the municipal natural gas agency and
any member permitted to | ||
withdraw shall remain obligated to make payments under
any | ||
outstanding contract or agreement with the municipal natural | ||
gas agency.
Any such change in membership shall be recorded and | ||
filed in the same manner as
for the original agreement.
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J. Any 2 or more municipal natural gas agencies organized | ||
pursuant to this
Division may consolidate to form a new | ||
municipal natural gas agency when
approved by ordinance adopted | ||
by the governing body of each municipality which
is a member of | ||
the respective municipal natural gas agency and by the | ||
execution
of an agency agreement as provided in this Section.
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(Source: P.A. 84-1221.)
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