Illinois Compiled Statutes
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MUNICIPALITIES65 ILCS 5/11-119.2-7
(65 ILCS 5/) Illinois Municipal Code.
(65 ILCS 5/11-119.2-7)
(from Ch. 24, par. 11-119.2-7)
Except as otherwise provided by this Division, a municipal
natural gas agency may acquire all real or personal property that it deems necessary
for carrying out the purposes of this Division, whether in fee simple absolute
or a lesser interest, by condemnation and the exercise of the power of eminent
domain in the manner provided in the Eminent Domain Act.
A municipal natural gas agency shall have no power of eminent domain with respect
to any real or personal property owned or leased by any eligible utility
as part of a system, whether existing, under construction or being planned,
of facilities for the storage, exploration,
transmission, production or distribution of natural gas.
The authority of a municipal natural gas agency to acquire real or personal property
by condemnation or the exercise of the power of eminent domain shall be
a continuing power, and no exercise thereof shall exhaust it.
(Source: P.A. 94-1055, eff. 1-1-07.)
65 ILCS 5/11-119.2-8
(65 ILCS 5/11-119.2-8)
(from Ch. 24, par. 11-119.2-8)
A municipal natural gas agency may establish,
levy, and collect or may authorize, by contract, franchise, lease, or otherwise,
the establishment, levying and collection of rents, rates and other charges
for the products and services afforded by the municipal natural gas agency or
by or in connection with any project or properties which it may construct,
acquire, own, operate, or control or with respect to which it may have any
interest or any right to the products and services thereof as it may deem
necessary, proper, desirable or reasonable. Rents, rates, and other charges
shall be at least sufficient to meet the operation, maintenance and other
expenses thereof, including reasonable reserves, interest, and principal
payments, including payments into one or more sinking funds for the retirement
of principal. A municipal natural gas agency may pledge its rates, rents, and
other revenue, or any part thereof, as security for the repayment, with
interest and premium, if any, of any moneys borrowed by it or advanced
to it for any of its authorized purposes and as security for the payment
of amounts due and owing by it under any contract.
(Source: P.A. 84-1221.)
65 ILCS 5/11-119.2-9
(65 ILCS 5/11-119.2-9)
(from Ch. 24, par. 11-119.2-9)
In order to accomplish the purposes of this Division,
a municipality may enter into and carry out contracts and agreements for
the purchase from a municipal natural gas agency of natural gas and natural
services, natural gas supply development services and other services.
(1) Each such contract and agreement shall be for a period not to exceed
50 years and shall contain such other terms, conditions and provisions,
not inconsistent with the provisions of this Division, as the governing
body of such municipality shall approve, including, without limitation,
provisions whereby the municipality is obligated to pay for the products
and services of a municipal natural gas agency without set-off or counterclaim
and irrespective of whether such products or services are furnished, made
available or delivered to the municipality or whether any project contemplated
by any such contract and agreement is completed, operable or operating,
and notwithstanding suspension, interruption, interference, reduction or
curtailment of the products and services of such project.
(2) Each such contract and agreement may be pledged by such municipal
natural gas agency to secure its obligations and may provide that if one or more
municipalities defaults in the payment of its obligations under such contract
and agreement, the remaining municipalities having such contracts and agreements
shall be required to pay for and shall be entitled proportionately to use
or otherwise dispose of the products and services which were to be purchased
by the defaulting municipality.
(3) Each such contract and agreement shall be a limited obligation of
a municipality payable from and secured by a pledge of, and lien and charge
upon, all or any part of the revenues derived or to be derived from the
ownership and operation of its natural gas system as an expense of
operation and maintenance thereof, and shall not constitute an indebtedness
of such municipality for the purpose of any statutory limitation.
(4) Nothing in this Division shall be construed to preclude a municipality
from appropriating and using taxes and other revenues received in any year
to make payments due or to comply with covenants to be performed during
that year under any contract or agreement for a term of years entered into
as contemplated in this Division, subject to the provisions of laws regarding
B. 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
(Source: P.A. 84-1221.)