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91_HB0845eng
HB0845 Engrossed LRB9102983PTpk
1 AN ACT to amend the Sanitary District Act of 1936 by
2 changing Sections 4.1, 5, 14, 32a.4, and 32a.4a.
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 4.1, 5, 14, 32a.4, and 32a.4a as
7 follows:
8 (70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
9 Sec. 4.1. The board of trustees of any sanitary district
10 may arrange to provide for the benefit of employees,
11 appointed officers, and trustees of the sanitary district
12 group life, health, accident, hospital and medical insurance,
13 or any one or any combination of such types of insurance.
14 Such insurance may include provision for employees, appointed
15 officers, and trustees who rely on treatment by prayer or
16 spiritual means alone for healing in accordance with the
17 tenets and practice of a well recognized religious
18 denomination. The board of trustees may provide for payment
19 by the sanitary district of the premium or charge for such
20 insurance.
21 If the board of trustees do not provide for a plan
22 pursuant to which the sanitary district pays the premium or
23 charge for any group insurance plan, the board of trustees
24 may provide for the withholding and deducting from the
25 compensation of such of the employees, appointed officers,
26 and trustees as consent thereto the premium or charge for any
27 group life, health, accident, hospital and medical insurance.
28 The board of trustees may exercise the powers granted in
29 this Section only if the kinds of such group insurance are
30 obtained from any insurance company authorized to do business
31 in the State of Illinois or any other organization or service
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1 offering similar coverage. The board of trustees may enact
2 an ordinance prescribing the method of operations of such
3 insurance program.
4 (Source: P.A. 90-655, eff. 7-30-98.)
5 (70 ILCS 2805/5) (from Ch. 42, par. 416)
6 Sec. 5. All ordinances imposing any penalty or making any
7 appropriations shall, within one month after they are passed,
8 be published at least once in a daily or weekly newspaper
9 published or in general circulation in such district, or if
10 no such newspaper is published or circulated therein, by
11 posting copies of the same in 3 three public places in the
12 district; and no such ordinance shall take effect until 10
13 ten days after it is so published. All other ordinances,
14 orders and resolutions, shall take effect from and after
15 their passage unless otherwise provided therein.
16 (Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
17 (70 ILCS 2805/14) (from Ch. 42, par. 425)
18 Sec. 14. Except as otherwise provided in this Section,
19 all contracts for purchases or sales by the sanitary
20 district, the expense of which will exceed $10,000, shall be
21 let to the lowest responsible bidder therefor upon not less
22 than 14 days' public notice of the terms and conditions upon
23 which the contract is to be let, having been given by
24 publication in a daily or weekly newspaper published or in
25 general circulation in the district, and the board may reject
26 any and all bids, and readvertise. Contracts for services in
27 excess of $10,000 may, subject to the provisions of this
28 Section be let by competitive bidding at the discretion of
29 the district board of trustees. All contracts for purchases
30 or sales of $10,000 or less may be made in the open market
31 without publication in a newspaper as above provided, but
32 whenever practical shall be based on at least 3 competitive
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1 bids.
2 Contracts which by their nature are not adapted to award
3 by competitive bidding, including, without limitation,
4 contracts for the services of individuals, groups or firms
5 possessing a high degree of professional skill where the
6 ability or fitness of the individual or organization plays an
7 important part, contracts for financial management services
8 undertaken pursuant to the Public Funds Investment Act "An
9 Act relating to certain investments of public funds by public
10 agencies", approved July 23, 1943, as now or hereafter
11 amended, contracts for the purchase or sale of utilities,
12 contracts for materials economically procurable only from a
13 single source of supply and leases of real property where the
14 sanitary district is the lessee shall not be subject to the
15 competitive bidding requirements of this Section.
16 Where the board of trustees declares, by a 2/3 vote of
17 all members of the board, that there exists an emergency
18 affecting the public health or safety, contracts totaling not
19 more than $40,000 may be let to the extent necessary to
20 resolve such emergency without public advertisement or
21 competitive bidding. The ordinance or resolution embodying
22 the emergency declaration shall contain the date upon which
23 such emergency will terminate. The board of trustees may
24 extend the termination date if in its judgment the
25 circumstances so require. A full written account of the
26 emergency, together with a requisition for the materials,
27 supplies, labor or equipment required therefor shall be
28 submitted immediately upon completion and shall be open to
29 public inspection for a period of at least one year
30 subsequent to the date of such emergency purchase.
31 (Source: P.A. 85-1136.)
32 (70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4)
33 Sec. 32a.4. Any sanitary district may annex any territory
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1 which is not within the corporate limits of the sanitary
2 district but which is contiguous to it and is served by the
3 sanitary district or by a municipality with sanitary sewers
4 that are connected and served by the sanitary district or by
5 any other sewer system that is connected to and served by the
6 sanitary district by the passage of an ordinance to that
7 effect by the board of trustees, describing the territory to
8 be annexed. A copy of the ordinance with an accurate map of
9 the annexed territory, certified as correct by the clerk of
10 the district shall be filed with the county clerk of the
11 county in which the annexed territory is located. For
12 purposes of this Act, a property is served by a sanitary
13 district if a sewer that is part of the sanitary district's
14 sewer system, part of the sewer system of a municipality that
15 is connected to the sanitary district, or part of any other
16 sewer system that connects to and is served by the sanitary
17 district has been extended to, across, or along the property,
18 whether or not the buildings on the property are physically
19 connected to the sewer.
20 (Source: Laws 1967, p. 944.)
21 (70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a)
22 Sec. 32a.4a. The corporate authorities of any sanitary
23 district may enter into an agreement with one or more of the
24 owners of record of land in any territory which may be
25 annexed to such sanitary district as provided in this Act.
26 Such agreement may provide for the annexation of such
27 territory to the sanitary district, subject to the provisions
28 of this Act, and any other matter not inconsistent with the
29 provisions of this Act, nor forbidden by law. Such agreement
30 shall be valid and binding for a period not to exceed 20 10
31 years from the date of execution thereof.
32 Any action taken by the corporate authorities during the
33 period such agreement is in effect, which, if it applied to
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1 the land which is the subject of the agreement, would be a
2 breach of such agreement, shall not apply to such land
3 without an amendment of such agreement.
4 Any such agreement executed after the effective date of
5 this Amendatory Act of 1983 and all amendments of annexation
6 agreements, shall be entered into in the following manner.
7 The corporate authorities shall fix a time for and hold a
8 public hearing upon the proposed annexation agreement or
9 amendment, and shall give notice of the proposed agreement or
10 amendment not more than 30 nor less than 15 days before the
11 date fixed for the hearing. This notice shall be published
12 at least once in one or more newspapers published or
13 generally circulated within the sanitary district. After
14 such hearing the agreement or amendment may be modified
15 before execution thereof. The annexation agreement or
16 amendment shall be executed by the president of the board of
17 trustees only after such hearing and upon the adoption of a
18 resolution directing such execution, which resolution must be
19 passed by a vote of two-thirds of the corporate authorities
20 then holding office.
21 Any annexation agreement executed pursuant to this
22 Section shall be binding upon the successor owners of record
23 of the land which is the subject of the agreement and upon
24 successor corporate authorities of the sanitary district and
25 successor sanitary districts. Any party to such agreement
26 may by civil action, mandamus or other proceeding, enforce
27 and compel performance of the agreement.
28 Any annexation agreement executed prior to the effective
29 date of this amendatory Act of the 91st General Assembly 1983
30 which was executed pursuant to a two-thirds vote of the
31 corporate authorities and which contains provisions not
32 inconsistent with this Section is hereby declared valid and
33 enforceable as to such provisions for the effective period of
34 such agreement, or for 20 10 years from the date of execution
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1 thereof, whichever is shorter.
2 The effective term of any Annexation Agreement executed
3 prior to the effective date of this amendatory Act of the
4 91st General Assembly 1983 may be extended at any time prior
5 to the original expiration date to a date which is not later
6 than 20 ten years from the date of execution of the original
7 Annexation Agreement.
8 (Source: P.A. 83-745.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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