HomeMy WebLinkAboutRes 03-11 01/18/2011 Approving and Authorizing Voluntary Withdrawal from the IGA Establishng the Northern Illinois Municipal Natural Gas Franchse ConsortiumRESOLUTION NO. 03 -11
APPROVING AND AUTHORIZING THE VOLUNTARY
WITHDRAWAL OF THE VILLAGE OF MOUNT PROSPECT
FROM THE INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL
NATURAL GAS FRANCHISE CONSORTIUM
WHEREAS, on January 19, 2010, the Village President and Board of Trustees of
the Village of Mount Prospect (the "Village ") passed Ordinance No. 5787, which
authorized the Village to enter into "An Intergovernmental Agreement Establishing The
Northern Illinois Municipal Natural Gas Franchise Consortium" (the "Agreement ") with
other northern Illinois municipalities for the purpose of negotiating and entering into a
franchise agreement with the natural gas utility companies doing business in Illinois (the
"Utilities ") that was to include all of the standard and necessary terms, provisions and
protections, such as energy efficiency provisions that require not only levels of
efficiencies on the part of the Utilities, terms and conditions under which the Utilities use
the Village's public rights -of -way in the provision of natural gas, and energy audits and
other conservation - related services from the Utilities. A copy of the Agreement is
incorporated by reference as if fully set forth in this Resolution; and
WHEREAS, Section 6 of the Agreement allows any member to voluntarily
withdraw from the Northern Illinois Municipal Natural Gas Franchise Consortium (the
"Consortium ") upon approval of an ordinance or a resolution and notice to the
Consortium; and
WHEREAS, the Village President and Board of Trustees of the Village of Mount
Prospect find that it is no longer economically feasible or practicable to remain a
member of the Consortium now that the Consortium has incurred expenses and fees in
excess of the Initial Contribution (as defined in the Agreement) of the members and the
negotiations by the Consortium's counsel with the Utilities have not resulted in any
progress that demonstrates a real likelihood that a model franchise agreement,
acceptable to the Utilities, will be negotiated and entered into by the parties; and
WHEREAS, the Village President and Board of Trustees of the Village of Mount
Prospect have determined that it is in the best interests of the Village of Mount Prospect
to approve this Resolution in order to voluntarily withdraw as a member of the
Consortium pursuant to the terms of the Agreement.
BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
AS FOLLOWS:
SECTION 1: The foregoing is incorporated by reference into this Section 1 and
are material and operative provisions of this Resolution.
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SECTION 2: The Village President and Board of Trustees of the Village of Mount
Prospect approve this Resolution in order to voluntarily withdraw as a member of the
Northern Illinois Municipal Natural Gas Franchise Consortium pursuant to Section 6 of
the Intergovernmental Agreement Establishing The Northern Illinois Municipal Natural
Gas Franchise Consortium effective on February 3, 2011 and authorize and direct the
Village President and the Village Clerk, or their designees, to execute such documents
and instruments that are necessary for the Village of Mount Prospect to withdraw from
the Consortium. A certified copy of this Resolution shall be sent by the Village Manager
to the Administrator of the Consortium informing the Consortium of the Village's
voluntary withdrawal.
SECTION 3: This Resolution shall be effective following passage and approval
by the Village President and Board of Trustees of the Village of Mount Prospect in the
manner required by law.
AYES: Hoefert, Juracek, Korn, Matuszak, Zadel
NAYS: None
ABSENT: Wilks
PASSED and APPROVED this 18 day of January, 2011.
Mayor Pro Tem
ATTEST:
M. Lisa Angell
Village Clerk
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STATE OF ILLINOIS )
) SS
COUNTY OF C O O K )
CLERK'S CERTIFICATE
I, M. Lisa Angell, the duly elected and qualified Village Clerk of the Village of
Mount Prospect, Cook County, Illinois, do hereby certify that attached hereto is a true
and correct copy of the Resolution now on file in my office, entitled:
RESOLUTION NO. 03 -11
APPROVING AND AUTHORIZING THE VOLUNTARY WITHDRAWAL
OF THE VILLAGE OF MOUNT PROSPECT FROM THE INTER-
GOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN
ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM
which was passed by the Board of Trustees of the Village of Mount Prospect at a
regular meeting held on the 18th day of January, 2011, at which meeting a quorum was
present, and approved by the Mayor Pro Tern of the Village of Mount Prospect on the
18 day of January, 2011.
I further certify that the vote on the question of the passage of the said
Resolution by the Board of Trustees of the Village of Mount Prospect was taken by the
Ayes and Nays and recorded in the Journal of Proceedings of the Board of Trustees of
the Village of Mount Prospect, and that the result of said vote was as follows, to -wit:
AYES: Hoefert, Juracek, Korn, Matuszak, Zadel
NAYS: None
ABSENT: Wilks
I do further certify that the original Resolution, of which the attached is a true
copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Village of Mount Prospect, this 19th day of January, 2011.
`;
,
M. Li
Village Clerk
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