Public Act 096-0204
 
SB0264 Enrolled LRB096 04646 RLJ 14705 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 11-119.1-4 and 11-119.2-4 as follows:
 
    (65 ILCS 5/11-119.1-4)  (from Ch. 24, par. 11-119.1-4)
    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.
The agency agreement may state:
    (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;
    (2) the name of the agency and the date of its
establishment;
    (3) that names of the municipalities which have adopted the
agency agreement and constitute the initial members of the
municipal power 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;
    (6) the location by city, village or incorporated town in
the State of Illinois of the principal office of the municipal
power agency;
    (7) provisions for the disposition, division or
distribution of obligations, property and assets of the
municipal power agency upon dissolution; and
    (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.
    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.
    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
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 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
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
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
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.
    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:
    (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 power agency as the board shall
determine to be necessary.
    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.
    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.
    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 power agency and of its
representative in exercising its functions as a member of the
municipal power agency.
    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.
    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
the respective municipal power agency and by the execution of
an agency agreement as provided in this Section.
(Source: P.A. 83-997.)
 
    (65 ILCS 5/11-119.2-4)  (from Ch. 24, par. 11-119.2-4)
    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
agreement may state:
    (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;
    (2) the name of the agency and the date of its
establishment;
    (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;
    (6) the location by city, village or incorporated town in
the State of Illinois of the principal office of the municipal
natural gas agency;
    (7) provisions for the disposition, division or
distribution of obligations, property and assets of the
municipal natural gas agency upon dissolution; and
    (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
or by the directors.
    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
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
established under this Division.
    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
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.
    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.
    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.
    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.
    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.
    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.
(Source: P.A. 84-1221.)