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91_HB0845enr
HB0845 Enrolled LRB9102983PTpk
1 AN ACT in relation to sanitary districts, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sanitary District Act of 1936 is amended
6 by changing Sections 5, 14, 32a.4, and 32a.4a as follows:
7 (70 ILCS 2805/5) (from Ch. 42, par. 416)
8 Sec. 5. All ordinances imposing any penalty or making any
9 appropriations shall, within one month after they are passed,
10 be published at least once in a daily or weekly newspaper
11 published in the district or, if there is no newspaper
12 published in the district, in a newspaper published in the
13 county and having general circulation in such district., or
14 If no such newspaper is published in the district or county
15 therein, by posting copies of the same in 3 three public
16 places in the district; and no such ordinance shall take
17 effect until 10 ten days after it is so published. All other
18 ordinances, orders and resolutions, shall take effect from
19 and after their passage unless otherwise provided therein.
20 (Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
21 (70 ILCS 2805/14) (from Ch. 42, par. 425)
22 Sec. 14. Except as otherwise provided in this Section,
23 all contracts for purchases or sales by the sanitary
24 district, the expense of which will exceed $10,000, shall be
25 let to the lowest responsible bidder therefor upon not less
26 than 14 days' public notice of the terms and conditions upon
27 which the contract is to be let, having been given by
28 publication in a daily or weekly newspaper published in the
29 district or, if there is no newspaper published in the
30 district, in a newspaper published in the county and having
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1 general circulation in the district, and the board may reject
2 any and all bids, and readvertise. Contracts for services in
3 excess of $10,000 may, subject to the provisions of this
4 Section be let by competitive bidding at the discretion of
5 the district board of trustees. All contracts for purchases
6 or sales of $10,000 or less may be made in the open market
7 without publication in a newspaper as above provided, but
8 whenever practical shall be based on at least 3 competitive
9 bids.
10 Contracts which by their nature are not adapted to award
11 by competitive bidding, including, without limitation,
12 contracts for the services of individuals, groups or firms
13 possessing a high degree of professional skill where the
14 ability or fitness of the individual or organization plays an
15 important part, contracts for financial management services
16 undertaken pursuant to the Public Funds Investment Act "An
17 Act relating to certain investments of public funds by public
18 agencies", approved July 23, 1943, as now or hereafter
19 amended, contracts for the purchase or sale of utilities,
20 contracts for materials economically procurable only from a
21 single source of supply and leases of real property where the
22 sanitary district is the lessee shall not be subject to the
23 competitive bidding requirements of this Section.
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 (Source: P.A. 85-1136.)
6 (70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4)
7 Sec. 32a.4. Any sanitary district may annex any territory
8 which is not within the corporate limits of the sanitary
9 district but which is contiguous to it and is served by the
10 sanitary district or by a municipality with sanitary sewers
11 that are connected and served by the sanitary district or by
12 any other sewer system that is connected to and served by the
13 sanitary district by the passage of an ordinance to that
14 effect by the board of trustees, describing the territory to
15 be annexed. A copy of the ordinance with an accurate map of
16 the annexed territory, certified as correct by the clerk of
17 the district shall be filed with the county clerk of the
18 county in which the annexed territory is located. For
19 purposes of this Act, a property is served by a sanitary
20 district if a sewer that is part of the sanitary district's
21 sewer system, part of the sewer system of a municipality that
22 is connected to the sanitary district, or part of any other
23 sewer system that connects to and is served by the sanitary
24 district has been extended to, across, or along the property,
25 whether or not the buildings on the property are physically
26 connected to the sewer.
27 (Source: Laws 1967, p. 944.)
28 (70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a)
29 Sec. 32a.4a. The corporate authorities of any sanitary
30 district may enter into an agreement with one or more of the
31 owners of record of land in any territory which may be
32 annexed to such sanitary district as provided in this Act.
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1 Such agreement may provide for the annexation of such
2 territory to the sanitary district, subject to the provisions
3 of this Act, and any other matter not inconsistent with the
4 provisions of this Act, nor forbidden by law. Such agreement
5 shall be valid and binding for a period not to exceed 20 10
6 years from the date of execution thereof.
7 Any action taken by the corporate authorities during the
8 period such agreement is in effect, which, if it applied to
9 the land which is the subject of the agreement, would be a
10 breach of such agreement, shall not apply to such land
11 without an amendment of such agreement.
12 Any such agreement executed after the effective date of
13 this Amendatory Act of 1983 and all amendments of annexation
14 agreements, shall be entered into in the following manner.
15 The corporate authorities shall fix a time for and hold a
16 public hearing upon the proposed annexation agreement or
17 amendment, and shall give notice of the proposed agreement or
18 amendment not more than 30 nor less than 15 days before the
19 date fixed for the hearing. This notice shall be published
20 at least once in one or more newspapers published within the
21 sanitary district or, if there is no newspaper published in
22 the district, in a newspaper published in the county and
23 having general circulation in the district. After such
24 hearing the agreement or amendment may be modified before
25 execution thereof. The annexation agreement or amendment
26 shall be executed by the president of the board of trustees
27 only after such hearing and upon the adoption of a resolution
28 directing such execution, which resolution must be passed by
29 a vote of two-thirds of the corporate authorities then
30 holding office.
31 Any annexation agreement executed pursuant to this
32 Section shall be binding upon the successor owners of record
33 of the land which is the subject of the agreement and upon
34 successor corporate authorities of the sanitary district and
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1 successor sanitary districts. Any party to such agreement
2 may by civil action, mandamus or other proceeding, enforce
3 and compel performance of the agreement.
4 Any annexation agreement executed prior to the effective
5 date of this amendatory Act of the 91st General Assembly 1983
6 10 years from the date of execution
11 thereof, whichever is shorter.
12 The effective term of any Annexation Agreement executed
13 prior to the effective date of this amendatory Act of the
14 91st General Assembly 1983 may be extended at any time prior
15 to the original expiration date to a date which is not later
16 than 20 ten years from the date of execution of the original
17 Annexation Agreement.
18 (Source: P.A. 83-745.)
19 Section 10. The Sanitary District Act of 1917 is amended
20 by changing Section 3 as follows:
21 (70 ILCS 2405/3) (from Ch. 42, par. 301)
22 Sec. 3. A board of trustees shall be created, consisting
23 of 5 members in any sanitary district which includes one or
24 more municipalities with a population of over 90,000 but less
25 than 500,000 according to the most recent Federal census, and
26 consisting of 3 members in any other district. However, for
27 the Fox River Water Reclamation District the board of
28 trustees shall consist of 5 members. Each board of trustees
29 shall be created for the government, control and management
30 of the affairs and business of each sanitary district
31 organized under this act shall be created in the following
32 manner:
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1 (1) If the district is located wholly within a single
2 county, the presiding officer of the county board, with the
3 advice and consent of the county board, shall appoint the
4 trustees for the district;
5 (2) If the district is located in more than one county,
6 the members of the General Assembly whose legislative
7 districts encompass any portion of the district shall appoint
8 the trustees for the district.
9 In any sanitary district which shall have a 3 member
10 board of trustees, within 60 days after the adoption of such
11 act, the appropriate appointing authority shall appoint three
12 trustees not more than 2 of whom shall be from one
13 incorporated city, town or village in districts in which are
14 included 2 or more incorporated cities, towns or villages, or
15 parts of 2 or more incorporated cities, towns or villages,
16 who shall hold their office respectively for 1, 2 and 3
17 years, from the first Monday of May next after their
18 appointment and until their successors are appointed and have
19 qualified, and thereafter on or before the second Monday in
20 April of each year the appropriate appointing authority shall
21 appoint one trustee whose term shall be for 3 years
22 commencing the first Monday in May of the year in which he is
23 appointed. The length of the term of the first trustees
24 shall be determined by lot at their first meeting.
25 In the case of any sanitary district created after
26 January 1, 1978 in which a 5 member board of trustees is
27 required, the appropriate appointing authority shall appoint
28 5 trustees, one of whom shall hold office for one year, two
29 of whom shall hold office for 2 years, and 2 of whom shall
30 hold office for 3 years from the first Monday of May next
31 after their respective appointments and until their
32 successors are appointed and have qualified. Thereafter, on
33 or before the second Monday in April of each year the
34 appropriate appointing authority shall appoint one trustee or
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1 2 trustees, as shall be necessary to maintain a 5 member
2 board of trustees, whose terms shall be for 3 years
3 commencing the first Monday in May of the year in which they
4 are respectively appointed. The length of the terms of the
5 first trustees shall be determined by lot at their first
6 meeting.
7 In any sanitary district created prior to January 1, 1978
8 in which a 5 member board of trustees is required as of
9 January 1, 1978, the two trustees already serving terms which
10 do not expire on May 1, 1978 shall continue to hold office
11 for the remainders of their respective terms, and 3 trustees
12 shall be appointed by the appropriate appointing authority by
13 April 10, 1978 and shall hold office for terms beginning May
14 1, 1978. Of the three new trustees, one shall hold office
15 for 2 years and 2 shall hold office for 3 years from May 1,
16 1978 and until their successors are appointed and have
17 qualified. Thereafter, on or before the second Monday in
18 April of each year the appropriate appointing authority shall
19 appoint one trustee or 2 trustees, as shall be necessary to
20 maintain a 5 member board of trustees, whose terms shall be
21 for 3 years commencing the first Monday in May of the year in
22 which they are respectively appointed. The lengths of the
23 terms of the trustees who are to hold office beginning May 1,
24 1978 shall be determined by lot at their first meeting after
25 May 1, 1978.
26 No more than 3 members of a 5 member board of trustees
27 may be of the same political party; except that in any
28 sanitary district which otherwise meets the requirements of
29 this Section and which lies within 4 counties of the State of
30 Illinois, or in the Fox River Water Reclamation District; the
31 appointments of the 5 members of the board of trustees shall
32 be made without regard to political party.
33 Within 60 days after the release of Federal census
34 statistics showing that a sanitary district having a 3 member
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1 board of trustees contains one or more municipalities with a
2 population over 90,000 but less than 500,000, the appropriate
3 appointing authority shall appoint 2 additional trustees to
4 the board of trustees, one to hold office for 2 years and one
5 to hold office for 3 years from the first Monday of May next
6 after their appointment and until their successors are
7 appointed and have qualified. The lengths of the terms of
8 these two additional members shall be determined by lot at
9 the first meeting of the board of trustees held after the
10 additional members take office. The three trustees already
11 holding office in the sanitary district shall continue to
12 hold office for the remainders of their respective terms.
13 Thereafter, on or before the second Monday in April of each
14 year the appropriate appointing authority shall appoint one
15 trustee or 2 trustees, as shall be necessary to maintain a 5
16 member board of trustees, whose terms shall be for 3 years
17 commencing the first Monday in May of the year in which they
18 are respectively appointed.
19 If any sanitary district having a 5 member board of
20 trustees shall cease to contain one or more municipalities
21 with a population over 90,000 but less than 500,000 according
22 to the most recent Federal census, then, for so long as that
23 sanitary district does not contain one or more such
24 municipalities, on or before the second Monday in April of
25 each year the appropriate appointing authority shall appoint
26 one trustee whose term shall be for 3 years commencing the
27 first Monday in May of the year in which he is appointed. In
28 districts which include 2 or more incorporated cities, towns,
29 or villages, or parts of 2 or more incorporated cities,
30 towns, or villages, all of the trustees shall not be from one
31 incorporated city, town or village.
32 If a vacancy occurs on any board of trustees, the
33 appropriate appointing authority shall within 60 days appoint
34 a trustee who shall hold office for the remainder of the
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1 vacated term.
2 The appointing authority shall require each of the
3 trustees to enter into bond, with security to be approved by
4 the appointing authority, in such sum as the appointing
5 authority may determine.
6 A majority of the board of trustees shall constitute a
7 quorum but a smaller number may adjourn from day to day. No
8 trustee or employee of such district shall be directly or
9 indirectly interested in any contract, work or business of
10 the district, or the sale of any article, the expense, price
11 or consideration of which is paid by such district; nor in
12 the purchase of any real estate or property belonging to the
13 district, or which shall be sold for taxes or assessments, or
14 by virtue of legal process at the suit of the district.
15 Provided, that nothing herein shall be construed as
16 prohibiting the appointment or selection of any person as
17 trustee or employee whose only interest in the district is as
18 owner of real estate in the district or of contributing to
19 the payment of taxes levied by the district. The trustees
20 shall have the power to provide and adopt a corporate seal
21 for the district.
22 Notwithstanding any other provision in this Section, in
23 any sanitary district created prior to the effective date of
24 this amendatory Act of 1985, in which a five member board of
25 trustees has been appointed and which currently includes one
26 or more municipalities with a population of over 90,000 but
27 less than 500,000, the board of trustees shall consist of
28 five members.
29 (Source: P.A. 89-502, eff. 6-28-96.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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