Full Text of HB0319 094th General Assembly
HB0319 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0319
Introduced 1/20/2005, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-119.2-4 |
from Ch. 24, par. 11-119.2-4 |
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Amends the Illinois Municipal Code. Makes a technical change in a Section concerning the establishment of a municipal natural gas agency.
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A BILL FOR
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HB0319 |
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LRB094 06316 AJO 36391 b |
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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 | 5 |
| changing Section 11-119.2-4 as follows:
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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, | 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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| agreement may state:
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| (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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| (2) the name of the agency and the date of its | 18 |
| establishment;
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| (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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| (4) the names and addresses of the persons initially | 23 |
| appointed in the
ordinances adopting the agency agreement to | 24 |
| serve on the Board of Directors
and act as the representatives | 25 |
| of the municipalities, respectively, in the
exercise of their | 26 |
| powers as members;
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| (5) the limitations, if any, upon the terms of office of | 28 |
| the directors,
provided that such directors shall always be | 29 |
| selected and vacancies in their
offices declared and filled by | 30 |
| ordinances adopted by the governing body
of the respective | 31 |
| municipalities;
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| (6) the location by city, village or incorporated town in |
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HB0319 |
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LRB094 06316 AJO 36391 b |
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| the State of
Illinois of the principal office of the municipal | 2 |
| natural gas agency;
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| (7) provisions for the disposition, division or | 4 |
| distribution of obligations,
property and assets of the | 5 |
| municipal natural gas agency upon dissolution; and
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| (8) any other provisions for regulating the business of the | 7 |
| municipal
natural gas agency or the conduct of its affairs | 8 |
| which may be agreed to by the
member municipalities, consistent | 9 |
| with this Division, including, without
limitation, any | 10 |
| provisions for weighted voting among the member municipalities
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| or by the directors.
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| B. The chief executive officer of any municipal natural gas | 13 |
| agency
established pursuant to this Division, within 3 months | 14 |
| after establishment,
shall file a certified copy of the agency | 15 |
| agreement and a list of the
municipalities which have adopted | 16 |
| the agreement with the recorder of the county
in which the | 17 |
| principal office is located. The recorder shall record this
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| certified copy and list and shall immediately transmit the | 19 |
| certified copy and
list to the Secretary of State, together | 20 |
| with his certificate of recordation.
The Secretary of State | 21 |
| shall file these documents and issue his certificate of
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| approval over his signature and the Great Seal of the State. | 23 |
| The Secretary of
State shall make and keep a register of | 24 |
| municipal natural gas agencies
established under this | 25 |
| Division.
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| C. Each municipality which becomes a member of the | 27 |
| municipal natural gas
agency shall appoint a representative to | 28 |
| serve on the Board of Directors, which
representative may be a | 29 |
| member of the governing body of the municipality. Each
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| appointment shall be made by the mayor, or president, subject | 31 |
| to the
confirmation of the governing body. The directors so | 32 |
| appointed shall hold
office for a term of 3 years, or until a | 33 |
| successor has been duly appointed and
qualified, except that | 34 |
| the directors first appointed shall determine by lot at
their | 35 |
| initial meeting the respective directors which shall serve for | 36 |
| a term of
one, 2 or 3 years from the date of that meeting. A |
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| vacancy shall be filled for
the balance of the unexpired term | 2 |
| in the same manner as the original
appointment.
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| The Board of Directors is the corporate authority of the | 4 |
| municipal natural
gas agency and shall exercise all the powers | 5 |
| and manage and control all of the
affairs and property of the | 6 |
| agency. The Board of Directors shall have full
power to pass | 7 |
| all necessary ordinances, resolutions, rules and regulations
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| for the proper management and conduct of the business of the | 9 |
| board, and
for carrying into effect the objects for which the | 10 |
| agency was established.
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| At the initial meeting of the Board of Directors to be held | 12 |
| within 30 days
after the date of establishment of the municipal | 13 |
| natural gas agency and at the
first meeting of each fiscal year | 14 |
| thereafter, the directors shall elect
from their members a | 15 |
| president and vice-president and may elect an executive
board. | 16 |
| The directors shall also elect a secretary and treasurer, who | 17 |
| need
not be directors. The board may select such other | 18 |
| officers, employees and
agents as deemed to be necessary, who | 19 |
| need not be directors or residents
of any of the municipalities | 20 |
| which are members of the municipal natural gas
agency. All | 21 |
| persons selected by the board shall hold their respective | 22 |
| offices
during the pleasure of the board, and give such bond as | 23 |
| may be required by the
board.
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| D. The bylaws of the municipal natural gas agency, and any | 25 |
| amendments
thereto, shall be adopted by the Board of Directors | 26 |
| by a majority vote
(adjusted for weighted voting, if provided | 27 |
| 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 | 30 |
| 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 | 33 |
| committee or
executive board;
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| (5) the rights and obligations of new members, and the | 35 |
| disposition of
rights and obligations upon termination of | 36 |
| membership; and
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| (6) such other rules or provisions for regulating the | 2 |
| affairs of the
municipal natural gas agency as the board shall | 3 |
| determine to be necessary.
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| E. Every municipal natural gas agency shall maintain an | 5 |
| office in the State
of Illinois to be known as its principal | 6 |
| office. When a municipal natural gas
agency desires to change | 7 |
| the location of such office, it shall file with
the Secretary | 8 |
| of State a certificate of change of location, stating the
new | 9 |
| address and the effective date of change. Meetings of the Board | 10 |
| of
Directors may be held at any place within the State of | 11 |
| Illinois, designated
by the Board of Directors, after notice. | 12 |
| Unless otherwise provided by the
bylaws, an act of the majority | 13 |
| of the directors present at a meeting at
which a quorum is | 14 |
| present is the act of the Board of Directors.
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| F. The Board of Directors shall hold at least one meeting | 16 |
| each year for
the election of officers and for the transaction | 17 |
| of any other business.
Special meetings of the Board of | 18 |
| Directors may be called for any purpose
upon written request to | 19 |
| the president or secretary to call the meeting.
Such officer | 20 |
| shall give notice of the meeting to be held not less than 10
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| days and not more than 60 days after receipt of such request. | 22 |
| Unless the
bylaws provide for a different percentage, a quorum | 23 |
| for a meeting of the
Board of Directors is a majority of all | 24 |
| members then in office. All meetings
of the board shall be held | 25 |
| 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 | 27 |
| meeting of the
Board of Directors for which notice, stating the | 28 |
| purpose, shall be given
to each director and, unless the bylaws | 29 |
| prescribe otherwise, such amendment
shall become effective | 30 |
| when ratified by ordinances adopted by a majority
of the | 31 |
| governing bodies of the member municipalities. Each amendment, | 32 |
| duly
certified, shall be recorded and filed in the same manner | 33 |
| as for the original
agreement.
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| H. Each member municipality shall have full power and | 35 |
| authority, subject
to the provisions of its charter and laws | 36 |
| regarding local finance, to
appropriate money for the payment |
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| of the expenses of the municipal natural gas
agency and of its | 2 |
| representative in exercising its functions as a member of the
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| municipal natural gas agency.
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| I. Any additional municipality which operates a natural gas | 5 |
| plant or system
may join the municipal natural gas agency, or | 6 |
| any member municipality may
withdraw therefrom upon the | 7 |
| approval by ordinance adopted by the governing body
of the | 8 |
| majority of the municipalities which are then members of the | 9 |
| municipal
natural gas agency. Any new member shall agree to | 10 |
| assume its proportionate
share of the outstanding obligations | 11 |
| of the municipal natural gas agency and
any member permitted to | 12 |
| withdraw shall remain obligated to make payments under
any | 13 |
| outstanding contract or agreement with the municipal natural | 14 |
| gas agency.
Any such change in membership shall be recorded and | 15 |
| filed in the same manner as
for the original agreement.
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| J. Any 2 or more municipal natural gas agencies organized | 17 |
| pursuant to this
Division may consolidate to form a new | 18 |
| municipal natural gas agency when
approved by ordinance adopted | 19 |
| by the governing body of each municipality which
is a member of | 20 |
| the respective municipal natural gas agency and by the | 21 |
| execution
of an agency agreement as provided in this Section.
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| (Source: P.A. 84-1221.)
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