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1
    AN ACT concerning local government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Municipal Code is amended  by 
5
changing Sections 11-119.1-4 and 11-119.2-4 as follows:
 



6
    (65 ILCS 5/11-119.1-4)  (from Ch. 24, par. 11-119.1-4)


7
    Sec. 11-119.1-4. Municipal Power Agencies. A.  Any 2 or more 
8
municipalities,
contiguous or noncontiguous, and which operate 
9
an electric utility system,
may form a municipal power agency 
10
by the execution of an agency agreement
authorized by an 
11
ordinance adopted by the governing body of each municipality.

12
The agency agreement may state:

13
    (1) that the municipal power agency is created and 
14
incorporated under
the provisions of this Division as a body 
15
politic and corporate, municipal
corporation and unit of local 
16
government of the State of Illinois;

17
    (2) the name of the agency and the date of its 
18
establishment;

19
    (3) that names of the municipalities which have adopted the 
20
agency agreement
and constitute the initial members of the 
21
municipal power agency;

22
    (4) the names and addresses of the persons initially 
23
appointed in the
ordinances adopting the agency agreement to 
 


 






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serve on the Board of Directors
and act as the representatives 
2
of the municipalities, respectively, in the
exercise of their 
3
powers as members;

4
    (5) the limitations, if any, upon the terms of office of 
5
the directors,
provided that such directors shall always be 
6
selected and vacancies in their
offices declared and filled by 
7
ordinances adopted by the governing body
of the respective 
8
municipalities;

9
    (6) the location by city, village or incorporated town in 
10
the State of
Illinois of the principal office of the municipal 
11
power agency;

12
    (7) provisions for the disposition, division or 
13
distribution of obligations,
property and assets of the 
14
municipal power agency upon dissolution; and

15
    (8) any other provisions for regulating the business of the 
16
municipal
power agency or the conduct of its affairs which may 
17
be agreed to by the
member municipalities, consistent with this 
18
Division, including, without
limitation, any provisions for 
19
weighted voting among the member municipalities
or by the 
20
directors.

21
    B. The presiding chief executive officer of the Board of 
22
Directors of any municipal power agency established
pursuant to 
23
this Division or such other officer selected by the Board of 
24
Directors, within 3 months after establishment, shall file
a 
25
certified copy of the agency agreement and a list of the 
26
municipalities
which have adopted the agreement with the 
 


 






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recorder of deeds of the county
in which the principal office 
2
is located.  The recorder of deeds shall record
this certified 
3
copy and list and shall immediately transmit the certified
copy 
4
and list to the Secretary of State, together with his 
5
certificate of
recordation.  The Secretary of State shall file 
6
these documents and issue
his certificate of approval over his 
7
signature and the Great Seal of the
State.  The Secretary of 
8
State shall make and keep a register of municipal
power 
9
agencies established under this Division.

10
    C. Each municipality which becomes a member of the 
11
municipal power agency
shall appoint a representative to serve 
12
on the Board of Directors, which
representative may be a member 
13
of the governing body of the municipality.
Each appointment 
14
shall be made by the mayor, or president, subject to the

15
confirmation of the governing body.  The directors so appointed 
16
shall hold
office for a term of 3 years, or until a successor 
17
has been duly appointed
and qualified, except that the 
18
directors first appointed shall determine
by lot at their 
19
initial meeting the respective directors which shall serve
for 
20
a term of one, 2 or 3 years from the date of that meeting.  A 
21
vacancy
shall be filled for the balance of the unexpired term 
22
in the same manner
as the original appointment.

23
    The Board of Directors is the corporate authority of the 
24
municipal power
agency and shall exercise all the powers and 
25
manage and control all of the
affairs and property of the 
26
agency.  The Board of Directors shall have full
power to pass 
 


 






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all necessary ordinances, resolutions, rules and regulations

2
for the proper management and conduct of the business of the 
3
board, and
for carrying into effect the objects for which the 
4
agency was established.

5
    At the initial meeting of the Board of Directors to be held 
6
within 30 days
after the date of establishment of the municipal 
7
power agency and at the
first meeting of each fiscal year 
8
thereafter, the directors shall elect
from their members a 
9
presiding officer to preside over the meetings of the Board of 
10
Directors president and an alternative presiding officer 
11
vice-president and may elect an executive
board.  The Board of 
12
Directors shall determine and designate in the agency's bylaws 
13
the titles for the presiding officers. The directors shall also 
14
elect a secretary and treasurer, who need
not be directors.  The 
15
board may select such other officers, employees and
agents as 
16
deemed to be necessary, who need not be directors or residents

17
of any of the municipalities which are members of the municipal 
18
power agency.
The board may designate appropriate titles for 
19
all other officers, employees, and agents. All persons selected 
20
by the board shall hold their respective offices during
the 
21
pleasure of the board, and give such bond as may be required by 
22
the board.

23
    D. The bylaws of the municipal power agency, and any 
24
amendments thereto,
shall be adopted by the Board of Directors 
25
by a majority vote (adjusted
for weighted voting, if provided 
26
in the Agency Agreement) to provide the following:

 


 






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    (1) the conditions and obligations of membership, if any;

2
    (2) the manner and time of calling regular and special 
3
meetings of the
Board of Directors;

4
    (3) the procedural rules of the Board of Directors;

5
    (4) the composition, powers and responsibilities of any 
6
committee or executive board;

7
    (5) the rights and obligations of new members, and the 
8
disposition of
rights and obligations upon termination of 
9
membership; and

10
    (6) such other rules or provisions for regulating the 
11
affairs of the municipal
power agency as the board shall 
12
determine to be necessary.

13
    E. Every municipal power agency shall maintain an office in 
14
the State
of Illinois to be known as its principal office.  When 
15
a municipal power
agency desires to change the location of such 
16
office, it shall file with
the Secretary of State a certificate 
17
of change of location, stating the
new address and the 
18
effective date of change.  Meetings of the Board of
Directors 
19
may be held at any place within the State of Illinois, 
20
designated
by the Board of Directors, after notice.  Unless 
21
otherwise provided by the
bylaws, an act of the majority of the 
22
directors present at a meeting at
which a quorum is present is 
23
the act of the Board of Directors.

24
    F. The Board of Directors shall hold at least one meeting 
25
each year for
the election of officers and for the transaction 
26
of any other business.
Special meetings of the Board of 
 


 






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Directors may be called for any purpose
upon written request to 
2
the presiding officer of the Board of Directors president or 
3
secretary to call the meeting.
Such officer shall give notice 
4
of the meeting to be held not less than 10
days and not more 
5
than 60 days after receipt of such request.  Unless the
bylaws 
6
provide for a different percentage, a quorum for a meeting of 
7
the
Board of Directors is a majority of all members then in 
8
office.  All meetings
of the board shall be held in compliance 
9
with the provisions of "An Act
in relation to meetings", 
10
approved July 11, 1957, as amended.

11
    G. The agency agreement may be amended as proposed at any 
12
meeting of the
Board of Directors for which notice, stating the 
13
purpose, shall be given
to each director and, unless the bylaws 
14
prescribe otherwise, such amendment
shall become effective 
15
when ratified by ordinances adopted by a majority
of the 
16
governing bodies of the member municipalities.  Each amendment, 
17
duly
certified, shall be recorded and filed in the same manner 
18
as for the original agreement.

19
    H. Each member municipality shall have full power and 
20
authority, subject
to the provisions of its charter and laws 
21
regarding local finance, to appropriate
money for the payment 
22
of the expenses of the municipal power agency and
of its 
23
representative in exercising its functions as a member of the 
24
municipal
power agency.

25
    I. Any additional municipality which operates an electric 
26
utility system
may join the municipal power agency, or any 
 


 






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member municipality may withdraw
therefrom upon the approval by 
2
ordinance adopted by the governing body of
the majority of the 
3
municipalities which are then members of the municipal
power 
4
agency.  Any new member shall agree to assume its proportionate 
5
share
of the outstanding obligations of the municipal power 
6
agency and any member
permitted to withdraw shall remain 
7
obligated to make payments under any
outstanding contract or 
8
agreement with the municipal power agency.  Any
such change in 
9
membership shall be recorded and filed in the same manner
as 
10
for the original agreement.

11
    J. Any 2 or more municipal power agencies organized 
12
pursuant to this Division
may consolidate to form a new 
13
municipal power agency when approved by ordinance
adopted by 
14
the governing body of each municipality which is a member of

15
the respective municipal power agency and by the execution of 
16
an agency
agreement as provided in this Section.

17
(Source: P.A. 83-997.)




 



18
    (65 ILCS 5/11-119.2-4)  (from Ch. 24, par. 11-119.2-4)


19
    Sec. 11-119.2-4. A. Any 2 or more municipalities, 
20
contiguous or
noncontiguous, and which operate a natural gas 
21
plant or system, may form a
municipal natural gas agency by the 
22
execution of an agency agreement authorized
by an ordinance 
23
adopted by the governing body of each municipality. The agency

24
agreement may state:

25
    (1) that the municipal natural gas agency is created and 
 


 






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incorporated under
the provisions of this Division as a body 
2
politic and corporate, municipal
corporation and unit of local 
3
government of the State of Illinois;

4
    (2) the name of the agency and the date of its 
5
establishment;

6
    (3) the names of the municipalities which have adopted the 
7
agency agreement
and constitute the initial members of the 
8
municipal natural gas agency;

9
    (4) the names and addresses of the persons initially 
10
appointed in the
ordinances adopting the agency agreement to 
11
serve on the Board of Directors
and act as the representatives 
12
of the municipalities, respectively, in the
exercise of their 
13
powers as members;

14
    (5) the limitations, if any, upon the terms of office of 
15
the directors,
provided that such directors shall always be 
16
selected and vacancies in their
offices declared and filled by 
17
ordinances adopted by the governing body
of the respective 
18
municipalities;

19
    (6) the location by city, village or incorporated town in 
20
the State of
Illinois of the principal office of the municipal 
21
natural gas agency;

22
    (7) provisions for the disposition, division or 
23
distribution of obligations,
property and assets of the 
24
municipal natural gas agency upon dissolution; and

25
    (8) any other provisions for regulating the business of the 
26
municipal
natural gas agency or the conduct of its affairs 
 


 






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which may be agreed to by the
member municipalities, consistent 
2
with this Division, including, without
limitation, any 
3
provisions for weighted voting among the member municipalities

4
or by the directors.

5
    B. The presiding chief executive officer of the Board of 
6
Directors of any municipal natural gas agency
established 
7
pursuant to this Division or such other officer selected by the 
8
Board of Directors, within 3 months after establishment,
shall 
9
file a certified copy of the agency agreement and a list of the

10
municipalities which have adopted the agreement with the 
11
recorder of the county
in which the principal office is 
12
located.  The recorder shall record this
certified copy and list 
13
and shall immediately transmit the certified copy and
list to 
14
the Secretary of State, together with his certificate of 
15
recordation.
The Secretary of State shall file these documents 
16
and issue his certificate of
approval over his signature and 
17
the Great Seal of the State.  The Secretary of
State shall make 
18
and keep a register of municipal natural gas agencies

19
established under this Division.

20
    C. Each municipality which becomes a member of the 
21
municipal natural gas
agency shall appoint a representative to 
22
serve on the Board of Directors, which
representative may be a 
23
member of the governing body of the municipality. Each

24
appointment shall be made by the mayor, or president, subject 
25
to the
confirmation of the governing body.  The directors so 
26
appointed shall hold
office for a term of 3 years, or until a 
 


 






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successor has been duly appointed and
qualified, except that 
2
the directors first appointed shall determine by lot at
their 
3
initial meeting the respective directors which shall serve for 
4
a term of
one, 2 or 3 years from the date of that meeting.  A 
5
vacancy shall be filled for
the balance of the unexpired term 
6
in the same manner as the original
appointment.

7
    The Board of Directors is the corporate authority of the 
8
municipal natural
gas agency and shall exercise all the powers 
9
and manage and control all of the
affairs and property of the 
10
agency.  The Board of Directors shall have full
power to pass 
11
all necessary ordinances, resolutions, rules and regulations

12
for the proper management and conduct of the business of the 
13
board, and
for carrying into effect the objects for which the 
14
agency was established.

15
    At the initial meeting of the Board of Directors to be held 
16
within 30 days
after the date of establishment of the municipal 
17
natural gas agency and at the
first meeting of each fiscal year 
18
thereafter, the directors shall elect
from their members a 
19
presiding officer to preside over the meetings of the Board of 
20
Directors president and an alternate presiding officer 
21
vice-president and may elect an executive
board.  The Board of 
22
Directors shall determine and designate in the agency's bylaws 
23
the titles for the presiding officers. The directors shall also 
24
elect a secretary and treasurer, who need
not be directors.  The 
25
board may select such other officers, employees and
agents as 
26
deemed to be necessary, who need not be directors or residents

 


 






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1
of any of the municipalities which are members of the municipal 
2
natural gas
agency. The board may designate appropriate titles 
3
for all other officers, employees, and agents. All persons 
4
selected by the board shall hold their respective offices

5
during the pleasure of the board, and give such bond as may be 
6
required by the
board.

7
    D. The bylaws of the municipal natural gas agency, and any 
8
amendments
thereto, shall be adopted by the Board of Directors 
9
by a majority vote
(adjusted for weighted voting, if provided 
10
in the Agency Agreement) to provide
the following:

11
    (1) the conditions and obligations of membership, if any;

12
    (2) the manner and time of calling regular and special 
13
meetings of the
Board of Directors;

14
    (3) the procedural rules of the Board of Directors;

15
    (4) the composition, powers and responsibilities of any 
16
committee or
executive board;

17
    (5) the rights and obligations of new members, and the 
18
disposition of
rights and obligations upon termination of 
19
membership; and

20
    (6) such other rules or provisions for regulating the 
21
affairs of the
municipal natural gas agency as the board shall 
22
determine to be necessary.

23
    E. Every municipal natural gas agency shall maintain an 
24
office in the State
of Illinois to be known as its principal 
25
office.  When a municipal natural gas
agency desires to change 
26
the location of such office, it shall file with
the Secretary 
 


 






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of State a certificate of change of location, stating the
new 
2
address and the effective date of change.  Meetings of the Board 
3
of
Directors may be held at any place within the State of 
4
Illinois, designated
by the Board of Directors, after notice.  
5
Unless otherwise provided by the
bylaws, an act of the majority 
6
of the directors present at a meeting at
which a quorum is 
7
present is the act of the Board of Directors.

8
    F. The Board of Directors shall hold at least one meeting 
9
each year for
the election of officers and for the transaction 
10
of any other business.
Special meetings of the Board of 
11
Directors may be called for any purpose
upon written request to 
12
the presiding officer of the Board of Directors president or 
13
secretary to call the meeting.
Such officer shall give notice 
14
of the meeting to be held not less than 10
days and not more 
15
than 60 days after receipt of such request.  Unless the
bylaws 
16
provide for a different percentage, a quorum for a meeting of 
17
the
Board of Directors is a majority of all members then in 
18
office.  All meetings
of the board shall be held in compliance 
19
with the provisions of the Open
Meetings Act.

20
    G. The agency agreement may be amended as proposed at any 
21
meeting of the
Board of Directors for which notice, stating the 
22
purpose, shall be given
to each director and, unless the bylaws 
23
prescribe otherwise, such amendment
shall become effective 
24
when ratified by ordinances adopted by a majority
of the 
25
governing bodies of the member municipalities.  Each amendment, 
26
duly
certified, shall be recorded and filed in the same manner 
 


 






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as for the original
agreement.

2
    H. Each member municipality shall have full power and 
3
authority, subject
to the provisions of its charter and laws 
4
regarding local finance, to
appropriate money for the payment 
5
of the expenses of the municipal natural gas
agency and of its 
6
representative in exercising its functions as a member of the

7
municipal natural gas agency.

8
    I. Any additional municipality which operates a natural gas 
9
plant or system
may join the municipal natural gas agency, or 
10
any member municipality may
withdraw therefrom upon the 
11
approval by ordinance adopted by the governing body
of the 
12
majority of the municipalities which are then members of the 
13
municipal
natural gas agency.  Any new member shall agree to 
14
assume its proportionate
share of the outstanding obligations 
15
of the municipal natural gas agency and
any member permitted to 
16
withdraw shall remain obligated to make payments under
any 
17
outstanding contract or agreement with the municipal natural 
18
gas agency.
Any such change in membership shall be recorded and 
19
filed in the same manner as
for the original agreement.

20
    J. Any 2 or more municipal natural gas agencies organized 
21
pursuant to this
Division may consolidate to form a new 
22
municipal natural gas agency when
approved by ordinance adopted 
23
by the governing body of each municipality which
is a member of 
24
the respective municipal natural gas agency and by the 
25
execution
of an agency agreement as provided in this Section.

26
(Source: P.A. 84-1221.)