Full Text of SB0684 95th General Assembly
SB0684enr 95TH GENERAL ASSEMBLY
|
|
|
SB0684 Enrolled |
|
LRB095 10881 HLH 31161 b |
|
| 1 |
| AN ACT concerning local government.
| 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 amended | 5 |
| by changing Sections 3, 4, 5, 8.1, and 11 as follows:
| 6 |
| (70 ILCS 2305/3) (from Ch. 42, par. 279)
| 7 |
| Sec. 3. The corporate authority of the North Shore Sanitary | 8 |
| District
shall consist of 5 trustees.
| 9 |
| Within 20 days after the adoption of the Act, as provided | 10 |
| in Section
1, the county governing body shall proceed to divide | 11 |
| the sanitary
district into 5 wards for the purpose of electing | 12 |
| trustees. One trustee shall
be elected for each ward on the | 13 |
| date of the next regular county election. In
each sanitary | 14 |
| district organized pursuant to the provisions of this Act prior
| 15 |
| to the effective date of this amendatory Act of 1975, one | 16 |
| trustee shall be
elected for each ward on the date of the | 17 |
| regular county election in the year
1976. However, the | 18 |
| population in no one ward shall be less than 1/6 of the
| 19 |
| population of the whole district and the territory in each of | 20 |
| the wards
shall be composed of contiguous territory in as | 21 |
| compact form as
practicable. A portion of each ward shall abut | 22 |
| the west shore of Lake
Michigan and the boundaries of the | 23 |
| respective wards shall coincide with
precinct boundaries and |
|
|
|
SB0684 Enrolled |
- 2 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| the boundaries of existing municipalities as
nearly as | 2 |
| practicable. In the year 1981, and every 10 years thereafter,
| 3 |
| the sanitary district board of trustees shall reapportion the | 4 |
| district, so that
the respective wards shall conform as nearly | 5 |
| as practicable with the above
requirements as to population, | 6 |
| shape and territory.
| 7 |
| The trustees shall hold office respectively for 4 years | 8 |
| from the
first Monday of May after their election and until | 9 |
| their successors are
appointed and qualified, except that the | 10 |
| term of office of 2 of the
trustees first elected shall be for | 11 |
| 2 years. Which of the trustees
first elected shall serve a term | 12 |
| of 2 years shall be determined by lot
at their first meeting. | 13 |
| Notwithstanding the foregoing provisions, all trustees
elected | 14 |
| in 1994 or thereafter shall assume office on the first Monday | 15 |
| in
December following the general election instead of the first | 16 |
| Monday in May of
the following year.
| 17 |
| In the year 1982, and every 10 years thereafter, following | 18 |
| each
decennial Federal census, all 5 trustees shall be elected. | 19 |
| Immediately
following each decennial redistricting, the | 20 |
| sanitary district board of
trustees shall divide the wards into | 21 |
| 2 groups, one of which shall consist of 3
wards and the other | 22 |
| shall consist of 2 wards. Trustees from one group shall
serve | 23 |
| terms of 4 years, 4 years and 2 years; and trustees from the | 24 |
| other group
shall serve terms of 2 years, 4 years and 4 years.
| 25 |
| Each of the trustees , upon entering the duties of their | 26 |
| respective offices, shall execute a bond with security, in the |
|
|
|
SB0684 Enrolled |
- 3 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| amount and form to be approved by the corporate authorities, | 2 |
| payable to the district, in the penal sum of not less than | 3 |
| $10,000.00, as directed by resolution or ordinance, | 4 |
| conditioned upon the faithful performance of the duties of the | 5 |
| office. Each bond shall be filed with and preserved by the | 6 |
| board secretary.
shall enter into bond, in a sum determined by | 7 |
| the
circuit court, with security to be approved by the circuit | 8 |
| court.
| 9 |
| When a vacancy exists in the office of trustees of any | 10 |
| sanitary
district organized under the provisions of this Act, | 11 |
| the vacancy shall
be filled by appointment by the president of | 12 |
| the sanitary district board
of trustees, with the advice and | 13 |
| consent of the sanitary district board of
trustees, until the | 14 |
| next regular election at which trustees of the sanitary
| 15 |
| district are elected, and shall be made a matter of record in | 16 |
| the office of the
county clerk in the county in which the | 17 |
| district is located.
| 18 |
| A majority of the board of trustees shall constitute a | 19 |
| quorum, but a
smaller number may adjourn from day to day. No | 20 |
| trustee or employee of
the district shall be directly or | 21 |
| indirectly interested in any
contract, work or business of the | 22 |
| district, or the sale of any article,
the expense, price or | 23 |
| consideration of which is paid by the district;
nor in the | 24 |
| purchase of any real estate or other property belonging to
the | 25 |
| district, or which shall be sold for taxes or assessments, or | 26 |
| by
virtue of legal process at the suit of the district. The |
|
|
|
SB0684 Enrolled |
- 4 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| trustees have
the power to provide and adopt a corporate seal | 2 |
| for the district.
| 3 |
| (Source: P.A. 87-937.)
| 4 |
| (70 ILCS 2305/4) (from Ch. 42, par. 280)
| 5 |
| Sec. 4. Board of trustees; powers; compensation. The | 6 |
| trustees shall
constitute a board of trustees for the district.
| 7 |
| The board of trustees is the corporate authority of the | 8 |
| district, and
shall exercise all the powers and manage and | 9 |
| control all the affairs and
property of the district. The board | 10 |
| shall elect a president and
vice-president from among their own | 11 |
| number. In case of the death,
resignation, absence from the | 12 |
| state, or other disability of the
president, the powers, duties | 13 |
| and emoluments of the office of the
president shall devolve | 14 |
| upon the vice-president, until the disability
is removed or | 15 |
| until a successor to the president is appointed and chosen
in | 16 |
| the manner provided in this Act. The board may select a | 17 |
| secretary,
treasurer, chief engineer, superintendent and | 18 |
| attorney, and may provide
by ordinance for the employment of | 19 |
| such clerks and other employees as
the board may deem necessary | 20 |
| for the municipality. The board may appoint
such other officers | 21 |
| and hire such employees to manage and control the
operations of | 22 |
| the district as it deems necessary; provided, however, that the
| 23 |
| board shall not employ an individual as a wastewater operator | 24 |
| whose Certificate
of Technical Competency is suspended or | 25 |
| revoked under rules adopted by the
Pollution Control Board |
|
|
|
SB0684 Enrolled |
- 5 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| under item (4) of subsection (a) of Section 13 of the
| 2 |
| Environmental Protection Act. All employees
selected by the | 3 |
| board shall hold their respective offices during the
pleasure | 4 |
| of the board, and give such bond as may be required by the
| 5 |
| board. The board may prescribe the duties and fix the | 6 |
| compensation of
all the officers and employees of the sanitary | 7 |
| district. However, the
president of the board of trustees shall | 8 |
| not receive more than $10,000 per
year and the other members of | 9 |
| the board shall not receive more than $7,000
per year. However, | 10 |
| beginning with the commencement of the new term of each
board | 11 |
| member in 1993, the president shall not receive more than | 12 |
| $11,000 per
year and each other member of the board shall not | 13 |
| receive more than $8,000
per year. Beginning with the | 14 |
| commencement of the first new term after the effective date of | 15 |
| this amendatory Act of the 95th General Assembly, the president | 16 |
| of the board shall not receive more than $14,000 per year, and | 17 |
| each other member of the board shall not receive more than | 18 |
| $11,000 per year. The board of trustees has full power to pass | 19 |
| all necessary
ordinances, rules and regulations for the proper | 20 |
| management and conduct of
the business of the board and of the | 21 |
| corporation, and for carrying into
effect the objects for which | 22 |
| the sanitary district was formed. The
ordinances may provide | 23 |
| for a fine for each offense of not less than $100 or
more than | 24 |
| $1,000. Each day's continuance of a violation shall be a
| 25 |
| separate offense. Fines under this Section are recoverable by | 26 |
| the sanitary
district in a civil action. The sanitary district |
|
|
|
SB0684 Enrolled |
- 6 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| is authorized to apply
to the circuit court for injunctive | 2 |
| relief or mandamus when, in the opinion
of the chief | 3 |
| administrative officer, the relief is necessary
to protect the | 4 |
| sewerage system of the sanitary district.
| 5 |
| The board of trustees shall have the authority to change | 6 |
| the name of the District, by ordinance, to the North Shore | 7 |
| Water Reclamation District. If an ordinance is passed pursuant | 8 |
| to this paragraph, all provisions of this Act shall apply to | 9 |
| the newly renamed district.
| 10 |
| (Source: P.A. 89-143, eff. 7-14-95.)
| 11 |
| (70 ILCS 2305/5) (from Ch. 42, par. 281)
| 12 |
| Sec. 5. Ordinance enactment and rulemaking procedures.
| 13 |
| (a) No ordinance or rule imposing a penalty, or assessing a | 14 |
| charge under
Section 7.1, shall take effect until the board of | 15 |
| trustees has complied with
the requirements of this Section. As | 16 |
| used in this Section, "rule" means a rule,
regulation, order, | 17 |
| or resolution.
| 18 |
| (1) Not less than 30 days before the effective date of | 19 |
| a proposed
ordinance or rule imposing a penalty or | 20 |
| assessing a charge under Section 7.1 , the board of trustees | 21 |
| shall publish a general notice of the
proposed ordinance or | 22 |
| rule imposing a penalty or assessing a charge under Section | 23 |
| 7.1 in a newspaper of general circulation in the
district | 24 |
| or, if no such newspaper exists, shall post copies of the | 25 |
| notice in 3
public places in the district, unless persons |
|
|
|
SB0684 Enrolled |
- 7 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| subject to the proposed ordinance
or rule are named and | 2 |
| either personally served or otherwise have actual notice
in | 3 |
| accordance with the law. The notice shall include the | 4 |
| following:
| 5 |
| (A) A statement of the time, place, and nature of | 6 |
| public proceedings to
consider or adopt the proposed | 7 |
| ordinance or rule.
| 8 |
| (B) Reference to the legal authority under which | 9 |
| the ordinance or rule
is proposed.
| 10 |
| (C) Either the terms or substance of the proposed | 11 |
| ordinance or rule or a
description of the subjects and | 12 |
| issues involved.
| 13 |
| (2) After publication or service of the notice of the | 14 |
| proposed ordinance
or rule imposing a penalty or assessing | 15 |
| a charge under Section 7.1
required by this Section , the | 16 |
| board of trustees shall give interested
persons a | 17 |
| meaningful opportunity to participate in the process | 18 |
| through
submission of written data, views, or arguments | 19 |
| with or without the opportunity
for oral presentation. | 20 |
| After consideration of the relevant matter presented,
the | 21 |
| board of trustees shall incorporate in the adopted | 22 |
| ordinance or rule a
concise general statement of its basis | 23 |
| and purpose and in an accompanying
explanatory notice shall | 24 |
| specifically address each comment received by the
board.
| 25 |
| (3) The board of trustees shall make the required | 26 |
| publication or service
of notice of a final ordinance or |
|
|
|
SB0684 Enrolled |
- 8 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| rule imposing a penalty or assessing a charge under Section | 2 |
| 7.1; not less than 30 days before its
effective date.
| 3 |
| (b) Except as otherwise provided in this Section, no other | 4 |
| ordinance or rule shall take effect until 10 days after it is | 5 |
| published. However, notwithstanding the provisions of this | 6 |
| Section, any ordinance or rule which contains a statement of | 7 |
| its urgency in the preamble or body thereof, may take effect | 8 |
| immediately upon its passage provided that the corporate | 9 |
| authorities, by a vote of two-thirds of all the members then | 10 |
| holding office, so direct. The decision of the corporate | 11 |
| authorities as to the urgency of any ordinance shall not be | 12 |
| subject to judicial review except for an abuse of discretion.
| 13 |
| Within 30 days after the adoption by the board of trustees of | 14 |
| all other
ordinances and rules, the board of trustees
shall | 15 |
| publish at least once in a newspaper of general circulation in | 16 |
| the
district or, if no such newspaper exists, shall post copies | 17 |
| of the notice in
3 public places in the district, and no | 18 |
| ordinance or rule
shall take effect until 10 days after it is | 19 |
| published.
| 20 |
| (c) Except as otherwise provided in this Section, all | 21 |
| ordinances, rules, or resolutions shall be (1) printed or | 22 |
| published in book or pamphlet form, published by authority of | 23 |
| the corporate authorities, or (2) published at least once, | 24 |
| within 30 days after passage, in one or more newspapers | 25 |
| published in the district, or, if no newspaper is published | 26 |
| therein, then in one or more newspapers with a general |
|
|
|
SB0684 Enrolled |
- 9 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| circulation within the district. Publication shall be | 2 |
| satisfied by either subsection (1) or (2) notwithstanding any | 3 |
| other provision in this Act. If there is an error in printing, | 4 |
| the publishing requirement of this Act shall be satisfied if | 5 |
| those portions of the ordinance or rule that were erroneously | 6 |
| printed are republished, correctly, within 30 days after the | 7 |
| original publication that contained the error. The fact that an | 8 |
| error occurred in publication shall not affect the effective | 9 |
| date of the ordinance or rule so published. If the error in | 10 |
| printing is not corrected within 30 days after the date of the | 11 |
| original publication that contained the error, as provided in | 12 |
| the preceding sentence, the corporate authorities may, by | 13 |
| ordinance, declare the ordinance or rule that was erroneously | 14 |
| published to be nevertheless valid and in effect no sooner than | 15 |
| 10 days after the date of the original publication, | 16 |
| notwithstanding the error in publication, and shall order the | 17 |
| original ordinance or rule to be published once more within 30 | 18 |
| days after the passage of the validating ordinance.
| 19 |
| (d)
(c) The board of trustees shall give an interested | 20 |
| person the right to
petition for the issuance, amendment, or | 21 |
| repeal of an ordinance or a rule.
| 22 |
| (Source: P.A. 88-649, eff. 9-16-94.)
| 23 |
| (70 ILCS 2305/8.1) (from Ch. 42, par. 284.1)
| 24 |
| Sec. 8.1. Every such sanitary district shall also have the | 25 |
| power to lease
to others for any period of time, not exceeding |
|
|
|
SB0684 Enrolled |
- 10 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| 20
ten years, upon such terms
as its board of trustees may | 2 |
| determine, any real estate, right-of-way, or
privilege, or any | 3 |
| interest therein, or any part thereof, acquired by it
which is | 4 |
| in the opinion of the board of trustees of such sanitary | 5 |
| district,
no longer required for its corporate purposes or | 6 |
| which may not be
immediately needed for such purposes, and such | 7 |
| leases may contain such
conditions and retain such interests | 8 |
| therein as may be deemed for the best
interest of such sanitary | 9 |
| district by such board of trustees; also any such
sanitary | 10 |
| district shall have the right to grant easements and permits | 11 |
| for
the use of any such real property, right-of-way, or | 12 |
| privilege, which will
not in the opinion of the board of | 13 |
| trustees of such sanitary district,
interfere with the use | 14 |
| thereof by such sanitary district for its corporate
purposes, | 15 |
| and such easements and permits may contain such conditions and
| 16 |
| retain such interests therein as may be deemed for the best | 17 |
| interests of
such sanitary district by such board of trustees.
| 18 |
| (Source: Laws 1961, p. 551.)
| 19 |
| (70 ILCS 2305/11) (from Ch. 42, par. 287)
| 20 |
| Sec. 11. Except as otherwise provided in this Section, all | 21 |
| contracts
for purchases or sales by the municipality, the | 22 |
| expense of which will exceed
the mandatory competitive bid | 23 |
| threshold, shall be let to the
lowest responsible bidder | 24 |
| therefor upon not less
than 14 days' public notice of the terms | 25 |
| and conditions upon which the contract
is to be let, having |
|
|
|
SB0684 Enrolled |
- 11 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| been given by publication in a newspaper of general
circulation | 2 |
| published in the district, and the board may reject any and all
| 3 |
| bids and readvertise. In determining the lowest responsible | 4 |
| bidder, the board
shall take into consideration the qualities | 5 |
| and serviceability of the articles
supplied, their conformity | 6 |
| with specifications, their suitability to the
requirements of | 7 |
| the district, the availability of support services, the
| 8 |
| uniqueness of the service, materials, equipment, or supplies as | 9 |
| it applies to
network integrated computer systems, the | 10 |
| compatibility of the service,
materials, equipment or supplies | 11 |
| with existing equipment, and the delivery
terms. Contracts for | 12 |
| services in excess of the mandatory competitive bid
threshold | 13 |
| may, subject to the
provisions of this Section, be let by | 14 |
| competitive bidding at the discretion of
the district board of | 15 |
| trustees. All contracts for purchases or sales that
will not | 16 |
| exceed the mandatory competitive bid threshold may be made in | 17 |
| the open market without publication in a
newspaper as above | 18 |
| provided, but whenever practical shall be based on at least
3 | 19 |
| competitive bids. For purposes of this Section, the "mandatory | 20 |
| competitive
bid threshold"
is a dollar amount equal to 0.1% of | 21 |
| the total general fixed
assets of the district as reported in | 22 |
| the most recent required audit report.
In
no event, however, | 23 |
| shall the mandatory competitive bid threshold dollar amount
be | 24 |
| less than $10,000, nor more than $40,000.
| 25 |
| Cash, a cashier's check, a
certified check, or a bid
bond | 26 |
| with adequate surety approved by the board of trustees as a |
|
|
|
SB0684 Enrolled |
- 12 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| deposit of
good faith, in a reasonable amount, but not in | 2 |
| excess of 10% of the contract
amount, may be required of each | 3 |
| bidder by the district on all bids involving
amounts in excess | 4 |
| of the mandatory competitive bid threshold and, if so
required, | 5 |
| the advertisement for bids shall so specify.
| 6 |
| Contracts which by their nature are not adapted to award by | 7 |
| competitive
bidding, including, without limitation, contracts | 8 |
| for the services of
individuals, groups or firms possessing a | 9 |
| high degree of professional skill
where the ability or fitness | 10 |
| of the individual or organization plays an
important part, | 11 |
| contracts for financial management services undertaken
| 12 |
| pursuant to "An Act relating to certain investments of public | 13 |
| funds by
public agencies", approved July 23, 1943, as now or | 14 |
| hereafter amended,
contracts for the purchase or sale of | 15 |
| utilities, contracts for materials
economically procurable | 16 |
| only from a single source of supply, contracts for
the use, | 17 |
| purchase, delivery, movement, or installation of
data | 18 |
| processing equipment, software, or services and | 19 |
| telecommunications and
interconnect equipment, software, or | 20 |
| services, contracts for duplicating
machines and supplies, | 21 |
| contracts for goods or services procured from another
| 22 |
| governmental agency, purchases of equipment previously owned | 23 |
| by an entity
other than the district itself, and leases of real | 24 |
| property where the sanitary
district is the lessee shall not be | 25 |
| subject to the competitive bidding
requirements of this | 26 |
| Section.
|
|
|
|
SB0684 Enrolled |
- 13 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| In the case of an emergency affecting the public health or | 2 |
| safety so declared
by the Board of Trustees of the municipality | 3 |
| at a meeting thereof
duly convened, which declaration shall | 4 |
| require the affirmative vote of four
of the five Trustees | 5 |
| elected, and shall set forth the nature of the
danger to the | 6 |
| public health or safety, contracts totaling not more than the
| 7 |
| emergency contract cap
may be let to the extent necessary to
| 8 |
| resolve such emergency
without public advertisement or | 9 |
| competitive bidding.
For purposes of this Section, the | 10 |
| "emergency contract cap" is a dollar
amount equal to 0.4% of | 11 |
| the total general fixed assets of
the
district as reported in | 12 |
| the most recent required audit report.
In no event,
however, | 13 |
| shall the emergency contract cap dollar amount be less than | 14 |
| $40,000,
nor more than $250,000
$100,000 .
The Resolution
or | 15 |
| Ordinance in which such declaration is embodied shall fix the | 16 |
| date upon
which such emergency shall terminate which date may | 17 |
| be extended or abridged
by the Board of Trustees as in their | 18 |
| judgment the circumstances require. A
full written account of | 19 |
| any such emergency, together with a requisition for the
| 20 |
| materials, supplies, labor or equipment required therefor | 21 |
| shall be submitted
immediately upon completion and shall be | 22 |
| open to public inspection for a
period of at least one year | 23 |
| subsequent to the date of such emergency purchase.
Within 30 | 24 |
| days after the passage of the resolution or ordinance declaring | 25 |
| an
emergency
affecting the public health or safety, the | 26 |
| municipality shall submit to the
Illinois
Environmental |
|
|
|
SB0684 Enrolled |
- 14 - |
LRB095 10881 HLH 31161 b |
|
| 1 |
| Protection Agency the full written account of any such | 2 |
| emergency
along
with a copy of the resolution or ordinance | 3 |
| declaring the emergency, in
accordance with
requirements as may | 4 |
| be provided by rule.
| 5 |
| To address operating emergencies not affecting the public | 6 |
| health or safety,
the
Board of Trustees shall authorize, in | 7 |
| writing, officials or employees of the
sanitary
district to | 8 |
| purchase in the open market and without advertisement any | 9 |
| supplies,
materials,
equipment, or services for immediate | 10 |
| delivery to meet the bona fide operating
emergency, without | 11 |
| filing a requisition or estimate therefor, in an amount not
in | 12 |
| excess of
$100,000
$40,000 ; provided that the Board of Trustees | 13 |
| must be notified of the operating
emergency. A full, written | 14 |
| account of each operating emergency and a
requisition for the
| 15 |
| materials, supplies, equipment, and services required to meet | 16 |
| the operating
emergency
must be immediately submitted by the | 17 |
| officials or employees authorized to make
purchases to the
| 18 |
| Board of
Trustees. The account must be available for public | 19 |
| inspection for a period of
at least one
year after the date of | 20 |
| the operating emergency purchase. The exercise of
authority | 21 |
| with
respect to purchases for a bona fide operating emergency | 22 |
| is not dependent on a
declaration of an operating emergency by | 23 |
| the Board of Trustees.
| 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 |
|
|
|
SB0684 Enrolled |
- 15 - |
LRB095 10881 HLH 31161 b |
|
| 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.
| 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.
| 18 |
| (Source: P.A. 91-921, eff. 1-1-01; 92-195, eff. 1-1-02.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|