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