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90_SB0104
70 ILCS 2305/11 from Ch. 42, par. 287
70 ILCS 2405/7.9 new
70 ILCS 2405/11 from Ch. 42, par. 310
70 ILCS 2405/25 from Ch. 42, par. 317g
Amends the North Shore Sanitary District Act. Provides
that contracts for purchases, sales, or services in excess of
$20,000 (now $10,000) shall be let by competitive bidding.
Provides that competitive bidding requirements do not apply
to some contracts for the repair or replacement of a sanitary
district's plant, sewers, equipment, or facilities damaged or
destroyed by certain natural or man-made disasters when the
awards of contracts without competitive bidding is reasonably
necessary. Amends the Sanitary District Act of 1917.
Provides that contracts for purchases, sales, or services in
excess of $20,000 (now $10,000) shall be let by competitive
bidding. Provides that the Board of trustees of a sanitary
district may self-insure the district's employees. Provides
that the board may enter into agreements for services with
for-profit hospitals. Allows a sanitary district to
investigate unauthorized connections to its sewage system and
to remove those unauthorized connections. Provides that the
Board of Trustees of a sanitary district may adopt an
infiltration/inflow prevention program to eliminate
unauthorized discharges.
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1 AN ACT concerning sanitary districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The North Shore Sanitary District Act is
5 amended by changing Section 11 as follows:
6 (70 ILCS 2305/11) (from Ch. 42, par. 287)
7 Sec. 11. Except as otherwise provided in this Section,
8 all contracts for purchases or sales by the municipality, the
9 expense of which will exceed $20,000 $10,000, shall be let to
10 the lowest responsible bidder therefor upon not less than 14
11 days' public notice of the terms and conditions upon which
12 the contract is to be let, having been given by publication
13 in a newspaper of general circulation published in the
14 district, and the board may reject any and all bids and
15 readvertise. In determining the lowest responsible bidder,
16 the board shall take into consideration the qualities and
17 serviceability of the articles supplied, their conformity
18 with specifications, their suitability to the requirements of
19 the district, the availability of support services, the
20 uniqueness of the service, materials, equipment, or supplies
21 as it applies to network integrated computer systems, the
22 compatibility of the service, materials, equipment or
23 supplies with existing equipment, and the delivery terms.
24 Contracts for services in excess of $20,000 $10,000 may,
25 subject to the provisions of this Section, be let by
26 competitive bidding at the discretion of the district board
27 of trustees. All contracts for purchases or sales of $20,000
28 $10,000 or less may be made in the open market without
29 publication in a newspaper as above provided, but whenever
30 practical shall be based on at least 3 competitive bids.
31 Contracts which by their nature are not adapted to award
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1 by competitive bidding, including, without limitation,
2 contracts for the services of individuals, groups or firms
3 possessing a high degree of professional skill where the
4 ability or fitness of the individual or organization plays an
5 important part, contracts for financial management services
6 undertaken pursuant to "An Act relating to certain
7 investments of public funds by public agencies", approved
8 July 23, 1943, as now or hereafter amended, contracts for the
9 purchase or sale of utilities, contracts for materials
10 economically procurable only from a single source of supply,
11 contracts for the use, purchase, delivery, movement, or
12 installation of data processing equipment, software, or
13 services and telecommunications and interconnect equipment,
14 software, or services, contracts for duplicating machines and
15 supplies, contracts for goods or services procured from
16 another governmental agency, purchases of equipment
17 previously owned by an entity other than the district itself,
18 and leases of real property where the sanitary district is
19 the lessee shall not be subject to the competitive bidding
20 requirements of this Section.
21 The competitive bidding requirements of this Section do
22 not apply to contracts, including contracts for both
23 materials and services incidental thereto, for the repair or
24 replacement of a sanitary district's treatment plant, sewers,
25 equipment, or facilities damaged or destroyed as the result
26 of a sudden or unexpected occurrence, including, but not
27 limited to, a flood, fire, tornado, earthquake, storm, or
28 other natural or man-made disaster, if the board of trustees
29 determines in writing that the awarding of those contracts
30 without competitive bidding is reasonably necessary for the
31 sanitary district to maintain compliance with a permit issued
32 under the National Pollution Discharge Elimination System
33 (NPDES) or any successor system or with any outstanding order
34 relating to that compliance issued by the United States
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1 Environmental Protection Agency, the Illinois Environmental
2 Protection Agency, or the Illinois Pollution Control Board.
3 The authority to issue contracts without competitive bidding
4 pursuant to this paragraph expires 6 months after the date of
5 the writing determining that the awarding of contracts
6 without competitive bidding is reasonably necessary.
7 In the case of any other an emergency affecting the
8 public health or safety so declared by the Board of Trustees
9 of the municipality at a meeting thereof duly convened, which
10 declaration shall require the affirmative vote of four of the
11 five Trustees elected, and shall set forth the nature of the
12 danger to the public health or safety, contracts totaling not
13 more than $40,000 may be let to the extent necessary to
14 resolve such emergency without public advertisement or
15 competitive bidding. The Resolution or Ordinance in which
16 such declaration is embodied shall fix the date upon which
17 such emergency shall terminate which date may be extended or
18 abridged by the Board of Trustees as in their judgment the
19 circumstances require. A full written account of any such
20 emergency, together with a requisition for the materials,
21 supplies, labor or equipment required therefor shall be
22 submitted immediately upon completion and shall be open to
23 public inspection for a period of at least one year
24 subsequent to the date of such emergency purchase.
25 No Trustee shall be interested, directly or indirectly,
26 in any contract, work or business of the municipality, or in
27 the sale of any article, whenever the expense, price or
28 consideration of the contract work, business or sale is paid
29 either from the treasury or by any assessment levied by any
30 Statute or Ordinance. No Trustee shall be interested,
31 directly or indirectly, in the purchase of any property which
32 (1) belongs to the municipality, or (2) is sold for taxes or
33 assessments of the municipality, or (3) is sold by virtue of
34 legal process in the suit of the municipality.
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1 In all other respects such contracts shall be entered
2 into and the performance thereof controlled by the provisions
3 of Division 2 of Article 9 of the "Illinois Municipal Code",
4 approved May 29, 1961, as heretofore or hereafter amended, as
5 near as may be. However, contracts may be let for making
6 proper and suitable connections between the mains and outlets
7 of the respective sanitary sewers in the district with any
8 conduit, conduits, main pipe or pipes that may be constructed
9 by such sanitary district.
10 (Source: P.A. 88-572, eff. 8-11-94.)
11 Section 10. The Sanitary District Act of 1917 is
12 amended by changing Sections 11 and 25 and adding Section 7.9
13 as follows:
14 (70 ILCS 2405/7.9 new)
15 Sec. 7.9. Unauthorized discharges. The Board of
16 Trustees of any sanitary district organized under this Act
17 shall have the power to investigate unauthorized connections
18 to its sewage system or to a sanitary sewer system tributary
19 to its system, but owned and operated by another munipality,
20 including without limitation, discharges from sump pumps,
21 footing drains, and roof leaders, and to direct the property
22 owner or owners to disconnect the unauthorized connections
23 within a time certain. Upon failure by the owner or owners
24 to remove the connection, the Board is authorized, after
25 reasonable notice is given, to take any steps that are
26 required to remove the connection. In carrying out its
27 responsibilities under this Section, employees of the
28 district are authorized to enter private property at
29 reasonable times and upon reasonable prior notice to
30 ascertain if sources of unauthorized discharges exist and, if
31 discharges are discovered or ascertained, to remove them or
32 to arrange for their removal as provided in this Section.
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1 As part of its program to eliminate unauthorized
2 discharges, the Board of Trustees may, in its sole
3 discretion, adopt an infiltation/inflow prevention program
4 and provide loans, cost reimbursements, or both to property
5 owners to assist the owners in financing the cost of abating
6 infiltration/inflow on their properties. For purposes of
7 this Section, "infiltration/inflow" means water, other than
8 wastewater, that enters the sanitary sewer system from the
9 ground through defective pipes, pipe joint connections, or
10 manholes, or from sources including springs and swampy areas,
11 manhole covers, catch basins, cooling towers, stormwater
12 surface runoff, street wastewaters, or drainage. Districts
13 establishing such a program shall issue guidelines to govern
14 the program. Those guidelines shall establish criteria for
15 program eligibility and standards for compliance with the
16 program. The District may finance such a program with
17 federal, State, private, city, or district funds, or any
18 combination of those sources.
19 (70 ILCS 2405/11) (from Ch. 42, par. 310)
20 Sec. 11. Except as otherwise hereinafter provided, all
21 contracts for purchases or sales by a sanitary district
22 organized under this Act, the expense of which will exceed
23 $20,000 $10,000, shall be let to the lowest responsible
24 bidder therefor upon not less than 14 days' public notice of
25 the terms and conditions upon which the contract is to be
26 let, having been given by publication in a newspaper of
27 general circulation published in the district, and the board
28 may reject any and all bids, and readvertise. In determining
29 the lowest responsible bidder, the board shall take into
30 consideration the qualities and serviceability of the
31 articles supplied, their conformity with specifications,
32 their suitability to the requirements of the district, the
33 availability of support services, the uniqueness of the
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1 service, materials, equipment, or supplies as it applies to
2 network integrated computer systems, the compatibility of the
3 service, materials, equipment or supplies with existing
4 equipment, and the delivery terms. Contracts for services in
5 excess of $20,000 $10,000 may, subject to the provisions of
6 this Section, be let by competitive bidding at the discretion
7 of the district board of trustees.
8 All contracts for purchases or sales of $20,000 $10,000
9 or less may be made in the open market without publication in
10 a newspaper as above provided, but whenever practical shall
11 be based on at least 3 competitive bids.
12 Contracts which by their nature are not adapted to award
13 by competitive bidding, including, without limitation,
14 contracts for the services of individuals, groups or firms
15 possessing a high degree of professional skill where the
16 ability or fitness of the individual or organization plays an
17 important part, contracts for financial management services
18 undertaken pursuant to "An Act relating to certain
19 investments of public funds by public agencies", approved
20 July 23, 1943, as now or hereafter amended, contracts for the
21 purchase or sale of utilities, contracts for materials
22 economically procurable only from a single source of supply,
23 contracts for the use, purchase, delivery, movement, or
24 installation of data processing equipment, software, or
25 services and telecommunications and interconnect equipment,
26 software, or services, contracts for duplicating machines and
27 supplies, contracts for goods or services procured from
28 another governmental agency, purchases of equipment
29 previously owned by an entity other than the district itself,
30 and leases of real property where the sanitary district is
31 the lessee shall not be subject to the competitive bidding
32 requirements of this Section.
33 The competitive bidding requirements of this Section do
34 not apply to contracts for construction of a facility or
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1 structure for the sanitary district when the facility or
2 structure will be designed, built, and tested before being
3 conveyed to the sanitary district.
4 The competitive bidding requirements of this Section do
5 not apply to contracts, including contracts for both
6 materials and services incidental thereto, for the repair or
7 replacement of a sanitary district's treatment plant, sewers,
8 equipment, or facilities damaged or destroyed as the result
9 of a sudden or unexpected occurrence, including, but not
10 limited to, a flood, fire, tornado, earthquake, storm, or
11 other natural or man-made disaster, if the board of trustees
12 determines in writing that the awarding of those contracts
13 without competitive bidding is reasonably necessary for the
14 sanitary district to maintain compliance with a permit issued
15 under the National Pollution Discharge Elimination System
16 (NPDES) or any successor system or with any outstanding order
17 relating to that compliance issued by the United States
18 Environmental Protection Agency, the Illinois Environmental
19 Protection Agency, or the Illinois Pollution Control Board.
20 The authority to issue contracts without competitive bidding
21 pursuant to this paragraph expires 6 months after the date of
22 the writing determining that the awarding of contracts
23 without competitive bidding is reasonably necessary.
24 Where the board of trustees declares, by a 2/3 vote of
25 all members of the board, that there exists an emergency
26 affecting the public health or safety, contracts totaling not
27 more than $40,000 may be let to the extent necessary to
28 resolve such emergency without public advertisement or
29 competitive bidding. The ordinance or resolution embodying
30 the emergency declaration shall contain the date upon which
31 such emergency will terminate. The board of trustees may
32 extend the termination date if in its judgment the
33 circumstances so require. A full written account of the
34 emergency, together with a requisition for the materials,
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1 supplies, labor or equipment required therefor shall be
2 submitted immediately upon completion and shall be open to
3 public inspection for a period of at least one year
4 subsequent to the date of such emergency purchase.
5 In all other respects such contract shall be entered into
6 and the performance thereof controlled by Division 2 of
7 Article 9 of the "Illinois Municipal Code", approved May 29,
8 1961, as heretofore and hereafter amended, as near as may be.
9 The contracts may be let for making proper and suitable
10 connections between the mains and outlets of the respective
11 sewers in the district with any conduit, conduits, main pipe
12 or pipes that may be constructed by such sanitary district.
13 (Source: P.A. 88-542, eff. 5-27-94; 88-572, eff. 8-11-94;
14 89-235, eff. 8-4-95; 89-558, eff. 7-26-96.)
15 (70 ILCS 2405/25) (from Ch. 42, par. 317g)
16 Sec. 25. The board of trustees of any sanitary district
17 may arrange to provide for the benefit of employees and
18 trustees of the sanitary district group life, health,
19 accident, hospital and medical insurance, or any one or any
20 combination of such types of insurance. The board of trustees
21 may also elect to self-insure the district's employees. In
22 the event the Board arranges to provide insurance, such
23 insurance may include provision for employees and trustees
24 who rely on treatment by prayer or spiritual means alone for
25 healing in accordance with the tenets and practice of a well
26 recognized religious denomination. The board of trustees may
27 provide for payment by the sanitary district of the premium
28 or charge for such insurance.
29 If the board of trustees elects to do not provide such
30 insurance, but does not for a plan pursuant to which the
31 sanitary district pays the premium or charge for any group
32 insurance plan, the board of trustees may provide for the
33 withholding and deducting from the compensation of such of
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1 the employees and trustees as consent thereto the premium or
2 charge for any group life, health, accident, hospital and
3 medical insurance.
4 If the board of trustees elects to provide insurance
5 under the provisions of this Section, it may exercise the
6 powers granted in this section only if the kinds of such
7 group insurance are obtained from any insurance company
8 authorized to do business in the State of Illinois, or any
9 non-profit hospital service corporation organized under the
10 provisions of the Non-Profit Hospital Service Plan Act, as
11 heretofore and hereafter amended, or incorporated under the
12 provisions of the Medical Service Plan Act, as heretofore and
13 hereafter amended, or any other organization or service
14 offering similar coverage. In the alternative, the board may
15 enter into agreements for services with for-profit hospitals.
16 The board of trustees may enact an ordinance prescribing the
17 method of operation of such insurance or self-insurance
18 program and for entering into contracts with for-profit and
19 not-for-profit institutions or organizations providing health
20 care services.
21 (Source: Laws 1963, p. 2755.)