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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The North Shore Sanitary District Act is amended | ||||||
5 | by changing Sections 11, 12, and 29 as follows:
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6 | (70 ILCS 2305/11) (from Ch. 42, par. 287)
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7 | Sec. 11. Except as otherwise provided in this Section, all | ||||||
8 | contracts
for purchases or sales by the municipality, the | ||||||
9 | expense of which will exceed
the mandatory competitive bid | ||||||
10 | threshold, shall be let to the
lowest responsible bidder | ||||||
11 | therefor upon not less
than 14 days' public notice of the terms | ||||||
12 | and conditions upon which the contract
is to be let, having | ||||||
13 | been given by publication in a newspaper of general
circulation | ||||||
14 | published in the district, and the board may reject any and all
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15 | bids and readvertise. In determining the lowest responsible | ||||||
16 | bidder, the board
shall take into consideration the qualities | ||||||
17 | and 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
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20 | uniqueness of the service, materials, equipment, or supplies as | ||||||
21 | it applies to
network integrated computer systems, the | ||||||
22 | compatibility of the service,
materials, equipment or supplies | ||||||
23 | with existing equipment, and the delivery
terms. Contracts for |
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1 | services in excess of the mandatory competitive bid
threshold | ||||||
2 | may, subject to the
provisions of this Section, be let by | ||||||
3 | competitive bidding at the discretion of
the district board of | ||||||
4 | trustees. All contracts for purchases or sales that
will not | ||||||
5 | exceed the mandatory competitive bid threshold may be made in | ||||||
6 | the open market without publication in a
newspaper as above | ||||||
7 | provided, but whenever practical shall be based on at least
3 | ||||||
8 | competitive bids. For purposes of this Section, the "mandatory | ||||||
9 | competitive
bid threshold"
is a dollar amount equal to 0.1% of | ||||||
10 | the total general fixed
assets of the district as reported in | ||||||
11 | the most recent required audit report.
In
no event, however, | ||||||
12 | shall the mandatory competitive bid threshold dollar amount
be | ||||||
13 | less than $10,000, nor more than $40,000.
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14 | Cash, a cashier's check, a
certified check, or a bid
bond | ||||||
15 | with adequate surety approved by the board of trustees as a | ||||||
16 | deposit of
good faith, in a reasonable amount, but not in | ||||||
17 | excess of 10% of the contract
amount, may be required of each | ||||||
18 | bidder by the district on all bids involving
amounts in excess | ||||||
19 | of the mandatory competitive bid threshold and, if so
required, | ||||||
20 | the advertisement for bids shall so specify.
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21 | Contracts which by their nature are not adapted to award by | ||||||
22 | competitive
bidding, including, without limitation, contracts | ||||||
23 | for the services of
individuals, groups or firms possessing a | ||||||
24 | high degree of professional skill
where the ability or fitness | ||||||
25 | of the individual or organization plays an
important part, | ||||||
26 | contracts for financial management services undertaken
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1 | pursuant to "An Act relating to certain investments of public | ||||||
2 | funds by
public agencies", approved July 23, 1943, as now or | ||||||
3 | hereafter amended,
contracts for the purchase or sale of | ||||||
4 | utilities, contracts for commodities including supply | ||||||
5 | contracts for natural gas and electricity, contracts for | ||||||
6 | materials
economically procurable only from a single source of | ||||||
7 | supply, contracts for services, supplies, materials, parts, or | ||||||
8 | equipment which are available only from a single source or | ||||||
9 | contracts for maintenance, repairs, OEM supplies, or OEM parts | ||||||
10 | from the manufacturer or from a source authorized by the | ||||||
11 | manufacturer, contracts for
the use, purchase, delivery, | ||||||
12 | movement, or installation of
data processing equipment, | ||||||
13 | software, or services and telecommunications and
interconnect | ||||||
14 | equipment, software, or services, contracts for duplicating
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15 | machines and supplies, contracts for goods or services procured | ||||||
16 | from another
governmental agency, purchases of equipment | ||||||
17 | previously owned by an entity
other than the district itself, | ||||||
18 | purchases of used equipment, purchases at auction or similar | ||||||
19 | transactions which by their very nature are not suitable to | ||||||
20 | competitive bids, and leases of real property where the | ||||||
21 | sanitary
district is the lessee shall not be subject to the | ||||||
22 | competitive bidding
requirements of this Section.
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23 | The District may use a design-build procurement method for | ||||||
24 | any public project which shall not be subject to the | ||||||
25 | competitive bidding requirements of this Section provided the | ||||||
26 | Board of Trustees approves the contract for the public project |
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1 | by a vote of 4 of the 5 trustees. For the purposes of this | ||||||
2 | Section, "design-build" means a delivery system that provides | ||||||
3 | responsibility within a single contract for the furnishing of | ||||||
4 | architecture, engineering, land surveying and related services | ||||||
5 | as required, and the labor, materials, equipment, and other | ||||||
6 | construction services for the project. | ||||||
7 | In the case of an emergency affecting the public health or | ||||||
8 | safety so declared
by the Board of Trustees of the municipality | ||||||
9 | at a meeting thereof
duly convened, which declaration shall | ||||||
10 | require the affirmative vote of four
of the five Trustees | ||||||
11 | elected, and shall set forth the nature of the
danger to the | ||||||
12 | public health or safety, contracts totaling not more than the
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13 | emergency contract cap
may be let to the extent necessary to
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14 | resolve such emergency
without public advertisement or | ||||||
15 | competitive bidding.
For purposes of this Section, the | ||||||
16 | "emergency contract cap" is a dollar
amount equal to 0.4% of | ||||||
17 | the total general fixed assets of
the
district as reported in | ||||||
18 | the most recent required audit report.
In no event,
however, | ||||||
19 | shall the emergency contract cap dollar amount be less than | ||||||
20 | $40,000,
nor more than $250,000.
The Resolution
or Ordinance in | ||||||
21 | which such declaration is embodied shall fix the date upon
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22 | which such emergency shall terminate which date may be extended | ||||||
23 | or abridged
by the Board of Trustees as in their judgment the | ||||||
24 | circumstances require. A
full written account of any such | ||||||
25 | emergency, together with a requisition for the
materials, | ||||||
26 | supplies, labor or equipment required therefor shall be |
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1 | submitted
immediately upon completion and shall be open to | ||||||
2 | public inspection for a
period of at least one year subsequent | ||||||
3 | to the date of such emergency purchase.
Within 30 days after | ||||||
4 | the passage of the resolution or ordinance declaring an
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5 | emergency
affecting the public health or safety, the | ||||||
6 | municipality shall submit to the
Illinois
Environmental | ||||||
7 | Protection Agency the full written account of any such | ||||||
8 | emergency
along
with a copy of the resolution or ordinance | ||||||
9 | declaring the emergency, in
accordance with
requirements as may | ||||||
10 | be provided by rule.
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11 | To address operating emergencies not affecting the public | ||||||
12 | health or safety,
the
Board of Trustees shall authorize, in | ||||||
13 | writing, officials or employees of the
sanitary
district to | ||||||
14 | purchase in the open market and without advertisement any | ||||||
15 | supplies,
materials,
equipment, or services for immediate | ||||||
16 | delivery to meet the bona fide operating
emergency, without | ||||||
17 | filing a requisition or estimate therefor, in an amount not
in | ||||||
18 | excess of
$100,000; provided that the Board of Trustees must be | ||||||
19 | notified of the operating
emergency. A full, written account of | ||||||
20 | each operating emergency and a
requisition for the
materials, | ||||||
21 | supplies, equipment, and services required to meet the | ||||||
22 | operating
emergency
must be immediately submitted by the | ||||||
23 | officials or employees authorized to make
purchases to the
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24 | Board of
Trustees. The account must be available for public | ||||||
25 | inspection for a period of
at least one
year after the date of | ||||||
26 | the operating emergency purchase. The exercise of
authority |
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1 | with
respect to purchases for a bona fide operating emergency | ||||||
2 | is not dependent on a
declaration of an operating emergency by | ||||||
3 | the Board of Trustees.
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4 | The competitive bidding requirements of this Section do not | ||||||
5 | apply to contracts, including contracts for both materials and | ||||||
6 | services incidental thereto, for the repair or replacement of a | ||||||
7 | sanitary district's treatment plant, sewers, equipment, or | ||||||
8 | facilities damaged or destroyed as the result of a sudden or | ||||||
9 | unexpected occurrence, including, but not limited to, a flood, | ||||||
10 | fire, tornado, earthquake, storm, or other natural or man-made | ||||||
11 | disaster, if the board of trustees determines in writing that | ||||||
12 | the awarding of those contracts without competitive bidding is | ||||||
13 | reasonably necessary for the sanitary district to maintain | ||||||
14 | compliance with a permit issued under the National Pollution | ||||||
15 | Discharge Elimination System (NPDES) or any successor system or | ||||||
16 | with any outstanding order relating to that compliance issued | ||||||
17 | by the United States Environmental Protection Agency, the | ||||||
18 | Illinois Environmental Protection Agency, or the Illinois | ||||||
19 | Pollution Control Board. The authority to issue contracts | ||||||
20 | without competitive bidding
pursuant to this paragraph expires | ||||||
21 | 6 months after the date of the
writing determining that the | ||||||
22 | awarding of contracts without competitive bidding is | ||||||
23 | reasonably necessary. | ||||||
24 | No Trustee shall be interested, directly or indirectly, in | ||||||
25 | any contract,
work or business of the municipality, or in the | ||||||
26 | sale of any article, whenever
the expense, price or |
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1 | consideration of the contract work, business or sale is
paid | ||||||
2 | either from the treasury or by any assessment levied by any | ||||||
3 | Statute or
Ordinance. No Trustee shall be interested, directly | ||||||
4 | or indirectly, in the
purchase of any property which (1) | ||||||
5 | belongs to the municipality, or (2) is sold
for taxes or | ||||||
6 | assessments of the municipality, or (3) is sold by virtue of | ||||||
7 | legal
process in the suit of the municipality.
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8 | A contract for any work or other public improvement, to be | ||||||
9 | paid for in
whole or in part by special assessment or special | ||||||
10 | taxation, shall be entered
into and the
performance thereof | ||||||
11 | controlled by the provisions of Division 2 of
Article 9 of the | ||||||
12 | "Illinois Municipal Code", approved May 29, 1961, as
heretofore | ||||||
13 | or hereafter amended, as near as may be. However, contracts
may | ||||||
14 | be let for making proper and suitable connections between the | ||||||
15 | mains
and outlets of the respective sanitary sewers in the | ||||||
16 | district with any
conduit, conduits, main pipe or pipes that | ||||||
17 | may be constructed by such
sanitary district.
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18 | (Source: P.A. 95-607, eff. 9-11-07.)
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19 | (70 ILCS 2305/12) (from Ch. 42, par. 288)
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20 | Sec. 12.
The board of trustees may levy and collect other | ||||||
21 | taxes for
corporate
purposes upon property within the | ||||||
22 | territorial limits of the sanitary
district, the aggregate | ||||||
23 | amount of which for each year may not exceed
.083% of value, as | ||||||
24 | equalized or assessed by the Department of Revenue, except
that | ||||||
25 | if a higher rate has been established by
referendum before |
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1 | August 2, 1965, it shall continue. If the board
desires to levy | ||||||
2 | such taxes at a rate in excess of .083% but not in
excess of | ||||||
3 | .35% of the value of all taxable property within the district
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4 | as equalized or assessed by the Department of Revenue,
they | ||||||
5 | shall order the question to be submitted at an election to be | ||||||
6 | held
within the district. The certification and submission of | ||||||
7 | the question and
the election shall be governed by the general | ||||||
8 | election law. Upon the filing
of a petition signed by 10% of | ||||||
9 | the registered voters
of the district, the right to levy an | ||||||
10 | additional tax, or any portion
thereof, authorized by the legal | ||||||
11 | voters, may at any time after one or
more tax levies | ||||||
12 | thereunder, be terminated by a majority vote of the
electors of | ||||||
13 | the district at a referendum. The trustees of the district | ||||||
14 | shall
certify
the proposition to the proper election officials, | ||||||
15 | who shall submit
the proposition at an election in accordance | ||||||
16 | with the general election law.
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17 | In addition to the other taxes authorized by this Section, | ||||||
18 | the board
of trustees may levy and collect, without referendum, | ||||||
19 | a tax for the
purpose of paying the cost of operation of the | ||||||
20 | chlorination of sewage,
or other means of disinfection or | ||||||
21 | additional treatment as may be
required by water quality | ||||||
22 | standards approved or adopted by the Pollution
Control Board or | ||||||
23 | by the court, which tax is not subject to the rate
limitations | ||||||
24 | imposed by this Section but may be extended at a rate not to
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25 | exceed .03% of the value of all taxable property within the | ||||||
26 | district as
equalized or assessed by the Department of Revenue.
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1 | Such tax may be extended at a rate in excess of .03% but | ||||||
2 | not to
exceed .05%, providing the question of levying such | ||||||
3 | increase has first
been submitted to the voters of such | ||||||
4 | district at any regular
election held in such district in | ||||||
5 | accordance with the general election law
and has been approved | ||||||
6 | by a majority of
such voters voting thereon.
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7 | The board shall cause the amount required to be raised by | ||||||
8 | taxation in
each year to be certified to the county clerk by | ||||||
9 | the second Tuesday in
September, as provided in Section 8-15 of | ||||||
10 | the Property Tax Code 157 of the General Revenue Law of
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11 | Illinois . All taxes so levied and certified shall be collected | ||||||
12 | and
enforced in the same manner and by the same officers as | ||||||
13 | State and county
taxes, and shall be paid over by the officers | ||||||
14 | collecting the same to the
treasurer of the sanitary district | ||||||
15 | in the manner and at the time
provided by the General Revenue | ||||||
16 | Law of Illinois.
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17 | The treasurer shall, when the moneys of the district are | ||||||
18 | deposited
with any bank or savings and loan association,
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19 | require that bank or savings and loan association
to pay the | ||||||
20 | same rates of interest for the moneys deposited as the bank
or | ||||||
21 | savings and loan association is accustomed to
pay to depositors | ||||||
22 | under like
circumstances, in the usual course of its business. | ||||||
23 | All interest so paid
shall be placed in the general funds of | ||||||
24 | the district, to be used as
other moneys belonging to the | ||||||
25 | district raised by general taxation or
sale of water.
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26 | No bank or savings and loan association shall receive |
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1 | public funds as
permitted by this Section, unless it has | ||||||
2 | complied with the requirements
established pursuant to Section | ||||||
3 | 6 of "An Act relating to certain investments
of public funds by | ||||||
4 | public agencies", approved July 23, 1943, as now or hereafter
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5 | amended.
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6 | In addition to the foregoing, the Board of Trustees shall | ||||||
7 | have all of
the powers set forth in Division 7 of Article 8 of | ||||||
8 | the Illinois Municipal
Code until September 10, 1986.
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9 | (Source: P.A. 90-655, eff. 7-30-98.)
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10 | (70 ILCS 2305/29) (from Ch. 42, par. 296.9)
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11 | Sec. 29.
The board of trustees of any sanitary district may | ||||||
12 | arrange to
provide for the benefit of employees and trustees of | ||||||
13 | the sanitary district
group life, health, accident, hospital | ||||||
14 | and medical insurance, or any one or
any combination of those | ||||||
15 | types of insurance. The board of trustees may also establish a | ||||||
16 | self-insurance program to provide such group life, health, | ||||||
17 | accident, hospital and medical coverage, or any one or any | ||||||
18 | combination of such coverage. The board of trustees may enact | ||||||
19 | an ordinance prescribing the method of operation of such an | ||||||
20 | insurance program. Such insurance may include
provision for | ||||||
21 | employees and trustees who rely on treatment by prayer or
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22 | spiritual means alone for healing in accordance with the tenets | ||||||
23 | and
practice of a well recognized religious denomination. The | ||||||
24 | board of trustees
may provide for payment by the sanitary | ||||||
25 | district of the premium or charge
for such insurance or the |
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1 | cost of a self-insurance program .
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2 | The If the board of trustees does not provide for a plan | ||||||
3 | pursuant to which
the sanitary district pays the premium or | ||||||
4 | charge for any group insurance
plan, the board of trustees may | ||||||
5 | provide for the withholding and deducting
from the compensation | ||||||
6 | of such of the employees and trustees as consent
thereto the | ||||||
7 | premium or charge for any group life, health, accident,
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8 | hospital and medical insurance.
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9 | The board of trustees may only obtain insurance exercise | ||||||
10 | the powers granted in this Section
only if the kinds of group | ||||||
11 | insurance are obtained from an insurance company
or companies | ||||||
12 | authorized to do business in the State of Illinois
or such from | ||||||
13 | any other organization or service provider authorized to do | ||||||
14 | business in the State of Illinois offering similar coverage. | ||||||
15 | The
board of trustees may enact an ordinance prescribing the | ||||||
16 | method of
operation of such an insurance program .
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17 | (Source: P.A. 90-655, eff. 7-30-98.)
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