(65 ILCS 5/11-119.1-5)
(from Ch. 24, par. 11-119.1-5)
A. A municipal power agency shall have all
the powers enumerated in this Section in furtherance of the purposes of
this Division. In the exercise thereof it shall be deemed to be performing
an essential governmental function and exercising a part of the sovereign
powers of the State of Illinois, separate and distinct from member municipalities,
and shall have the privileges, immunities and rights of a public body politic
and corporate, municipal corporation and unit of local government, but shall
not have taxing power. All powers of the municipal power agency shall be
exercised by its Board of Directors unless otherwise provided by the bylaws.
B. A municipal power agency may plan, finance, acquire, construct, reconstruct,
own, lease, operate, maintain, repair, improve, extend or otherwise participate
in, individually or jointly with other persons, public agencies, eligible
utilities or other entities of any type, one or more projects, proposed,
existing or under construction, within or without the State of Illinois,
acquire any interest in or any right to products and services of a project,
purchase, own, sell, dispose of or otherwise participate in securities issued
in connection with the financing of a project or any portion thereof, and
may act as agent, or designate one or more persons, public agencies, eligible
utilities or other entities of any type, whether or not participating in
a project, to act as its agent, in connection with the planning, financing,
acquisition, construction, reconstruction, ownership, lease, operation,
maintenance, repair, extension or improvement of the project. Any acquisition
by eminent domain under this subsection is subject to the provisions of
C. A municipal power agency may investigate the desirability of and
for additional sources and supplies of electrical energy and fuel of any
kind for such purpose, and make studies, surveys, and estimates as may be
necessary to determine the feasibility and cost thereof.
D. A municipal power agency may cooperate with other persons public agencies,
eligible utilities or other entities of any type in the development of sources
and supplies of electrical energy and fuel of any kind for such purposes,
and give assistance with personnel and equipment in any project.
E. A municipal power agency may apply for consents, authorizations or
approvals required for any project within its powers and take all actions
necessary to comply with the conditions thereof.
F. A municipal power agency may perform any act authorized by this Division
through, or by means of, its officers, agents, or employees or by contract
with others, including, without limitation, the employment of engineers,
architects, attorneys, appraisers, financial advisors, and such other consultants
and employees as may be required in the judgment of the municipal power
agency, and fix and pay their compensation from funds available to the municipal
power agency therefor.
G. A municipal power agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type, acquire,
hold, use, and dispose of income, revenues, funds and money.
H. A municipal power agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type,
acquire, own, hire, use, operate and dispose of personal property and any
I. A municipal power agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type, acquire,
own, use, lease as lessor or lessee, operate and dispose of real
property and interests in real property, including projects existing, proposed
or under construction, and make improvements thereon.
J. A municipal power agency may grant the use by franchise, lease or otherwise
and make charges for the use of any property or facility owned or controlled by it.
K. A municipal power agency may borrow money and issue negotiable bonds,
secured or unsecured, in accordance with this Division.
L. A municipal power agency may invest money of the municipal power agency
not required for immediate use, including proceeds from the sale of any
bonds, in such obligations, securities, and other investments as authorized
by the provisions of "An Act relating to certain investments of public funds
by public agencies", approved July 23, 1943, as amended.
M. A municipal power agency may exercise the power of eminent domain in
accordance with the provisions of Section 11-119.1-7.
N. A municipal power agency may determine the location and character of,
and all other matters in connection with, any and all projects it is authorized
to acquire, hold, establish, effectuate, operate or control.
O. A municipal power agency may contract with any persons, public agencies,
eligible utilities or other entities of any type for the planning, development,
construction or operation of any project or for the sale, transmission or
distribution of the products and services of any project, or for any interest
therein or any right to the products and services thereof, on such terms
and for such period of time as its Board of Directors shall determine; provided,
however, contracts for the sale, transmission or distribution of electric
power and energy may only be made with eligible utilities.
P. A municipal power agency may enter into any contract or agreement necessary,
appropriate or incidental to the effectuation of its lawful purposes and
the exercise of the powers granted by this Division, including without limitation,
contracts or agreements for the purchase, sale, exchange, interchange, wheeling,
pooling, transmission, distribution or storage of electrical energy, and
fuel of any kind for any such purposes, within and without the State of
Illinois, in such amounts as it shall determine to be necessary and appropriate
to make the most effective use of its powers and to meet its responsibilities,
on such terms and for such period of time as its Board of Directors determines.
Any such contract or agreement may include
provisions for requirements purchases, restraints on resale or other dealings,
exclusive dealing, pricing, territorial division, and other conduct or arrangements
which may have an anti-competitive effect.
Q. A municipal power agency may procure insurance against any losses in
connection with its property, operations, or assets in such amounts and
from such insurers as it deems desirable, or may self-insure against such losses.
R. A municipal power agency may contract for and accept any gifts or grants
or loans of funds or property or financial or other aid in any form from
any source, and may comply, subject to the provisions of this Division,
with the terms and conditions thereof.
S. A municipal power agency may mortgage, pledge and grant a security interest
in any or all of its real and personal property to secure the payment of
its bonds or contracts.
T. That part of a project owned by a municipal power agency shall be exempt
from property taxes. However, each municipal power agency owning all or
any part of a project shall, in lieu of property taxes, pay to any governmental
unit authorized to levy property taxes the amount which would be assessed
as taxes on real property of a project if such project were otherwise subject
to valuation and assessment. Such payments in lieu of taxes shall be due
and shall bear interest if unpaid, as in the cases of taxes on other property.
Payments in lieu of taxes made under this Division shall be treated in the
same manner as taxes for purposes of all procedural and substantive provisions
of law, except that no lien may be placed upon such property to enforce
the payment of such taxes. The remedy for such payment shall be limited
to mandamus or other civil action requesting an order directing the agency
to pay such taxes and interest, if any.
U. No municipal power agency shall be authorized by this Division to sell
energy directly to other than a member municipality or an eligible utility;
provided further, that no such sale of energy is authorized except for the
purpose of resale by such purchaser, or for use by the member municipality.
V. A municipal power agency may adopt a corporate seal, and may sue and be sued.
W. A municipal power agency may exercise all other powers not inconsistent
with the Constitution of the State of Illinois or the United States Constitution,
which powers may be reasonably necessary or appropriate for or incidental
to effectuate its authorized purposes or to the exercise of any of the powers
enumerated in this Division.
(Source: P.A. 83-997.)