Full Text of SB1954 98th General Assembly
SB1954 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1954 Introduced 2/15/2013, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
| 70 ILCS 2305/3 | from Ch. 42, par. 279 | 70 ILCS 2305/4 | from Ch. 42, par. 280 | 70 ILCS 2305/7 | from Ch. 42, par. 283 | 70 ILCS 2305/7.1 | from Ch. 42, par. 283.1 | 70 ILCS 2305/9 | from Ch. 42, par. 285 | 70 ILCS 2305/11 | from Ch. 42, par. 287 | 70 ILCS 2305/20 | from Ch. 42, par. 296 |
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Amends the North Shore Sanitary District Act. Provides that following each decennial redistricting, the sanitary district board of
trustees shall be randomly divided (now divided) into 2 groups and a random process shall be used to determine the term of each trustee. Provides that each trustee shall execute a bond with security in the sum of $250,000 (now $10,000). Provides that the board may select a secretary,
treasurer, executor director, and attorney (now secretary,
treasurer, chief engineer, superintendent, and attorney). Provides that the board may provide for the treatment (now disposal) of sewage. Further provides that the board shall provide treatment works or plants (now disposal works or plants) for the treatment (now disposal) of sewage. Further provides that the board may provide works for the treatment (now disposal) of industrial and raw sewage. Provides that a corporation under this Act may borrow money but shall not become indebted to an amount in the aggregate to exceed 4.50% on the valuation of taxable property. Deletes a reference to an elected board of trustees. Provides that in the case of an emergency affecting the public health, an emergency contract shall not be less than $40,000 and shall not exceed $600,000 (now $250,000). Provides that before compelling a change in the method of sewage disposal, the board of trustees shall provide some other method of sewage treatment (now disposal). Effective immediately.
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| | A BILL FOR |
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| 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, 7, 7.1, 9, 11, and 20 as follows:
| 6 | | (70 ILCS 2305/3) (from Ch. 42, par. 279)
| 7 | | Sec. 3. Election of trustees; terms. The corporate | 8 | | authority of the North Shore Sanitary District
shall consist of | 9 | | 5 trustees.
| 10 | | Within 20 days after the adoption of the Act, as provided | 11 | | in Section
1, the county governing body shall proceed to divide | 12 | | the sanitary
district into 5 wards for the purpose of electing | 13 | | trustees. One trustee shall
be elected for each ward on the | 14 | | date of the next regular county election. In
each sanitary | 15 | | district organized pursuant to the provisions of this Act prior
| 16 | | to the effective date of this amendatory Act of 1975, one | 17 | | trustee shall be
elected for each ward on the date of the | 18 | | regular county election in the year
1976. However, the | 19 | | population in no one ward shall be less than 1/6 of the
| 20 | | population of the whole district and the territory in each of | 21 | | the wards
shall be composed of contiguous territory in as | 22 | | compact form as
practicable. A portion of each ward shall abut | 23 | | the west shore of Lake
Michigan and the boundaries of the |
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| 1 | | respective wards shall coincide with
precinct boundaries and | 2 | | the boundaries of existing municipalities as
nearly as | 3 | | practicable. In the year 1981, and every 10 years thereafter,
| 4 | | the sanitary district board of trustees shall reapportion the | 5 | | district, so that
the respective wards shall conform as nearly | 6 | | as practicable with the above
requirements as to population, | 7 | | shape and territory.
| 8 | | All trustees
elected from 1994 through 2011 shall assume | 9 | | office on the first Monday in
December following the general | 10 | | election. All trustees elected in 2012 or thereafter shall | 11 | | assume office on the second Wednesday in December following the | 12 | | general election.
| 13 | | In the year 1982, and every 10 years thereafter, following | 14 | | each
decennial Federal census, all 5 trustees shall be elected. | 15 | | Immediately
following each decennial redistricting, the | 16 | | sanitary district board of
trustees shall be randomly divided | 17 | | divide the wards into 2 groups, one of which shall consist of 3
| 18 | | wards and the other shall consist of 2 wards. A random process | 19 | | shall again be used to determine which trustees Trustees from | 20 | | one group shall
serve terms of 4 years, 4 years and 2 years; | 21 | | and which trustees from the other group
shall serve terms of 2 | 22 | | years, 4 years and 4 years.
| 23 | | Each of the trustees, upon entering the duties of their | 24 | | respective offices, shall execute a bond with security, in the | 25 | | amount and form to be approved by the corporate authorities, | 26 | | payable to the district, in the penal sum of not less than |
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| 1 | | $250,000.00, $10,000.00, as directed by resolution or | 2 | | ordinance, conditioned upon the faithful performance of the | 3 | | duties of the office. Each bond shall be filed with and | 4 | | preserved by the board secretary.
| 5 | | When a vacancy exists in the office of trustees of any | 6 | | sanitary
district organized under the provisions of this Act, | 7 | | the vacancy shall
be filled by appointment by the president of | 8 | | the sanitary district board
of trustees, with the advice and | 9 | | consent of the sanitary district board of
trustees, until the | 10 | | next regular election at which trustees of the sanitary
| 11 | | district are elected, and shall be made a matter of record in | 12 | | the office of the
county clerk in the county in which the | 13 | | district is located.
| 14 | | A majority of the board of trustees shall constitute a | 15 | | quorum, but a
smaller number may adjourn from day to day. No | 16 | | trustee or employee of
the district shall be directly or | 17 | | indirectly interested in any
contract, work or business of the | 18 | | district, or the sale of any article,
the expense, price or | 19 | | consideration of which is paid by the district;
nor in the | 20 | | purchase of any real estate or other property belonging to
the | 21 | | district, or which shall be sold for taxes or assessments, or | 22 | | by
virtue of legal process at the suit of the district. The | 23 | | trustees have
the power to provide and adopt a corporate seal | 24 | | for the district.
| 25 | | (Source: P.A. 97-500, eff. 8-23-11.)
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| 1 | | (70 ILCS 2305/4) (from Ch. 42, par. 280)
| 2 | | Sec. 4. Board of trustees; powers; compensation. The | 3 | | trustees shall
constitute a board of trustees for the district.
| 4 | | The board of trustees is the corporate authority of the | 5 | | district, and
shall exercise all the powers and manage and | 6 | | control all the affairs and
property of the district. The board | 7 | | shall elect a president and
vice-president from among their own | 8 | | number. In case of the death,
resignation, absence from the | 9 | | state, or other disability of the
president, the powers, duties | 10 | | and emoluments of the office of the
president shall devolve | 11 | | upon the vice-president, until the disability
is removed or | 12 | | until a successor to the president is appointed and chosen
in | 13 | | the manner provided in this Act. The board may select a | 14 | | secretary,
treasurer, executive director, chief engineer, | 15 | | superintendent and attorney, and may provide
by ordinance for | 16 | | the employment of such clerks and other employees as
the board | 17 | | may deem necessary for the municipality. The board may appoint
| 18 | | such other officers and hire such employees to manage and | 19 | | control the
operations of the district as it deems necessary; | 20 | | provided, however, that the
board shall not employ an | 21 | | individual as a wastewater operator whose Certificate
of | 22 | | Technical Competency is suspended or revoked under rules | 23 | | adopted by the
Pollution Control Board under item (4) of | 24 | | subsection (a) of Section 13 of the
Environmental Protection | 25 | | Act. All employees
selected by the board shall hold their | 26 | | respective offices during the
pleasure of the board, and give |
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| 1 | | such bond as may be required by the
board. The board may | 2 | | prescribe the duties and fix the compensation of
all the | 3 | | officers and employees of the sanitary district. However, the
| 4 | | president of the board of trustees shall not receive more than | 5 | | $10,000 per
year and the other members of the board shall not | 6 | | receive more than $7,000
per year. However, beginning with the | 7 | | commencement of the new term of each
board member in 1993, the | 8 | | president shall not receive more than $11,000 per
year and each | 9 | | other member of the board shall not receive more than $8,000
| 10 | | per year. Beginning with the commencement of the first new term | 11 | | after the effective date of this amendatory Act of the 95th | 12 | | General Assembly, the president of the board shall not receive | 13 | | more than $14,000 per year, and each other member of the board | 14 | | shall not receive more than $11,000 per year. The board of | 15 | | trustees has full power to pass all necessary
ordinances, rules | 16 | | and regulations for the proper management and conduct of
the | 17 | | business of the board and of the corporation, and for carrying | 18 | | into
effect the objects for which the sanitary district was | 19 | | formed. The
ordinances may provide for a fine for each offense | 20 | | of not less than $100 or
more than $1,000. Each day's | 21 | | continuance of a violation shall be a
separate offense. Fines | 22 | | under this Section are recoverable by the sanitary
district in | 23 | | a civil action. The sanitary district is authorized to apply
to | 24 | | the circuit court for injunctive relief or mandamus when, in | 25 | | the opinion
of the chief administrative officer, the relief is | 26 | | necessary
to protect the sewerage system of the sanitary |
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| 1 | | district.
| 2 | | The board of trustees shall have the authority to change | 3 | | the name of the District, by ordinance, to the North Shore | 4 | | Water Reclamation District. If an ordinance is passed pursuant | 5 | | to this paragraph, all provisions of this Act shall apply to | 6 | | the newly renamed district.
| 7 | | (Source: P.A. 95-607, eff. 9-11-07.)
| 8 | | (70 ILCS 2305/7) (from Ch. 42, par. 283)
| 9 | | Sec. 7. Powers of the board of trustees. The board of | 10 | | trustees of any sanitary district organized under
this Act may | 11 | | provide for the treatment disposal of the sewage thereof and | 12 | | save and
preserve the water supplied to the inhabitants of such | 13 | | district from
contamination.
For that purpose the board may | 14 | | construct and maintain an enclosed conduit
or conduits, main | 15 | | pipes, wholly or partially submerged, buried or otherwise,
and | 16 | | by means of pumps or otherwise cause such sewage to flow or to | 17 | | be forced
through such conduit or conduits, pipe or pipes to | 18 | | and into any ditch or
canal constructed and operated by any | 19 | | other sanitary district, after having
first acquired the right | 20 | | so to do. Such board may provide for the drainage
of such | 21 | | district by laying out, establishing, constructing and | 22 | | maintaining
one or more channels, drains, ditches and outlets | 23 | | for carrying off and
disposing
of the drainage (including the | 24 | | sewage) of such district, together with such
adjuncts and | 25 | | additions thereto as may be necessary or proper to cause such
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| 1 | | channels or outlets to accomplish the end for which they are | 2 | | designed, in
a satisfactory manner, including pumps and pumping
| 3 | | stations and the operation of the same. Such board shall | 4 | | provide suitable
and modernly equipped sewage treatment | 5 | | disposal works or plants for the separation
and treatment | 6 | | disposal of all solids and deleterious matter from the liquids, | 7 | | and
shall treat and purify the residue of such sewage so that | 8 | | when it flows
into any lake, it will not injuriously | 9 | | contaminate the waters thereof. The
board shall adopt any | 10 | | feasible method to accomplish the object for which
such | 11 | | sanitary district may be created, and may also provide means | 12 | | whereby
the sanitary district may reach and procure supplies of | 13 | | water for diluting
and flushing purposes. The board of trustees | 14 | | of any sanitary district formed under this Act may also enter | 15 | | into an agreement to sell, convey, or disburse treated | 16 | | wastewater to any public or private entity located within or | 17 | | outside of the boundaries of the sanitary district. Any use of | 18 | | treated wastewater by any public or private entity shall be | 19 | | subject to the orders of the Pollution Control Board. The | 20 | | agreement may not exceed 20 years. | 21 | | Nothing set forth in this Section may be construed
to | 22 | | empower, authorize or require such board of trustees to operate | 23 | | a system
of water works for the purpose of furnishing or | 24 | | delivering water to any
such municipality or to the inhabitants | 25 | | thereof without payment therefor
at such rates as the board may | 26 | | determine. Nothing in this Act shall
require a sanitary |
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| 1 | | district to extend service to any individual residence
or other | 2 | | building within the district, and it is the intent of the | 3 | | Illinois
General Assembly that any construction contemplated | 4 | | by this Section shall
be restricted to construction of works | 5 | | and main or interceptor sewers,
conduits, channels and similar | 6 | | facilities, but not individual service
lines. Nothing in this | 7 | | Act contained
authorizes the trustees to flow the sewage of | 8 | | such district into Lake Michigan.
Any such plan for sewage | 9 | | disposal by any sanitary district organized hereunder
is | 10 | | prohibited, unless such sewage has been treated and purified as | 11 | | provided
in this Section, all laws of the Federal government | 12 | | relating to the pollution
of navigable waters have been | 13 | | complied with, the approval of plans and
constructions of | 14 | | outlets and connection with any of the streams or navigable
| 15 | | bodies of water within or bordering upon the State has been | 16 | | obtained from the
Department of Natural Resources of the State. | 17 | | The
discharge
of any sewage from any such district into any of | 18 | | the streams or navigable
bodies of water within or bordering | 19 | | upon the State is subject to the orders
of the Pollution | 20 | | Control Board. Nothing in this Act contained may be construed
| 21 | | as superseding or in any manner limiting the provisions of the | 22 | | Environmental
Protection Act.
| 23 | | After the construction of such sewage disposal plant, if | 24 | | the board finds
that it will promote the prevention of | 25 | | pollution of waters of the State,
such board of trustees may | 26 | | adopt ordinances or rules and regulations,
prohibiting
or |
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| 1 | | regulating the discharge to sewers of inadmissible wastes or | 2 | | substances
toxic to biological wastewater treatment processes. | 3 | | Inadmissible wastes
include those which create a fire or | 4 | | explosion hazard in the sewer or treatment
works; those which | 5 | | will impair the hydraulic capacity of sewer systems;
and those | 6 | | which in any quantity, create a hazard to people, sewer | 7 | | systems,
treatment processes, or receiving waters. Substances | 8 | | that may be toxic to
wastewater treatment processes include | 9 | | copper, chromium, lead, zinc, arsenic
and nickel and any | 10 | | poisonous compounds such as cyanide or radioactive wastes
which | 11 | | pass through wastewater treatment plants in hazardous | 12 | | concentrations
and menace users of the receiving waters. Such | 13 | | ordinances or rules and
regulations shall be effective | 14 | | throughout the sanitary district, in the
incorporated areas as | 15 | | well as the
unincorporated areas and all public sewers therein.
| 16 | | (Source: P.A. 97-500, eff. 8-23-11.)
| 17 | | (70 ILCS 2305/7.1) (from Ch. 42, par. 283.1)
| 18 | | Sec. 7.1.
In providing works for the treatment disposal of | 19 | | industrial sewage,
commonly called industrial wastes, whether | 20 | | the industrial sewage is
disposed of in combination with | 21 | | municipal sewage or independently, the
sanitary district has | 22 | | power to apportion and collect therefore, from the
producer | 23 | | thereof, fair additional construction, maintenance and | 24 | | operating
costs over and above those covered by normal taxes, | 25 | | and in case of dispute
as to the fairness of such additional |
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| 1 | | construction, maintenance and
operating costs, then the same | 2 | | shall be determined by an arbitration board
of 3 engineers, one | 3 | | appointed by the sanitary district, one appointed by
such | 4 | | producer or producers or their legal representatives, and the | 5 | | third to
be appointed by the 2 engineers selected as above | 6 | | described. In the event
the 2 engineers so selected fail to | 7 | | agree upon a third engineer then upon
the petition of either of | 8 | | the parties the circuit judge shall appoint such
third | 9 | | engineer. A decision of a majority of the arbitration board | 10 | | shall be
binding on both parties and the cost of the services | 11 | | of the arbitration
board shall be shared by both parties | 12 | | equally. Such decision is an
administrative decision and is | 13 | | subject to judicial review as provided in
the Administrative | 14 | | Review Law.
| 15 | | In providing works, including the main pipes referred to in | 16 | | Section 7,
for the treatment disposal of raw sewage, in the | 17 | | manner provided in this Act, whether
such sewage is treated | 18 | | disposed of in combination with municipal sewage or
| 19 | | independently, the sanitary district has power to collect a | 20 | | fair and
reasonable charge for connection to its system in | 21 | | addition to those charges
covered by normal taxes, for the | 22 | | construction, expansion and extension of
the works of the | 23 | | system, the charge to be assessed against new or
additional | 24 | | users of the system and to be known as a connection charge.
| 25 | | Such construction, expansion and extension of the works of the | 26 | | system
shall include proposed or existing collector systems and |
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| 1 | | may, at the
discretion of such district, include connections by | 2 | | individual properties.
The charge for connection shall be | 3 | | determined by the district and may equal
or exceed the actual | 4 | | cost to the district of the construction, expansion or
| 5 | | extension of the works of the system required by the | 6 | | connection. The
funds thus collected shall be used by the | 7 | | sanitary district for its general
corporate purposes with | 8 | | primary application thereof being made by the
necessary | 9 | | expansion of the works of the system to meet the requirements | 10 | | of
the new users thereof.
| 11 | | (Source: P.A. 85-480; 85-782.)
| 12 | | (70 ILCS 2305/9) (from Ch. 42, par. 285)
| 13 | | Sec. 9.
The corporation may borrow money for corporate | 14 | | purposes and
may issue bonds therefor, but shall not become | 15 | | indebted, in any manner,
or for any purpose, to an amount in | 16 | | the aggregate to exceed 4.50% 5.75% on the
valuation of taxable | 17 | | property therein, to be ascertained by the last
assessment for | 18 | | state and county taxes previous to the incurring of such
| 19 | | indebtedness or, until January 1, 1983, if greater, the sum | 20 | | that is
produced by multiplying the district's 1978 equalized | 21 | | assessed valuation
by the debt limitation percentage in effect | 22 | | on January 1, 1979.
Whenever the board of trustees of such | 23 | | district desires to issue bonds
hereunder they shall certify | 24 | | the question to the proper election officials
who shall submit | 25 | | the question at an election to be held in such
district in |
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| 1 | | accordance with the general election law. In addition
to the | 2 | | requirements of the general election
law, the notice of | 3 | | election shall state the amount of bonds to
be issued. The | 4 | | result of the election shall be
entered upon the records of the | 5 | | district. If it shall appear that a
majority of the voters | 6 | | voting at the election on the question shall have
voted in | 7 | | favor of the issue of the bonds, the board of trustees shall
| 8 | | order and direct the execution of the bonds for and on behalf | 9 | | of the
district. All bonds issued hereunder shall mature in not | 10 | | exceeding 20
annual installments. The question
shall be in | 11 | | substantially the following form:
| 12 | | -------------------------------------------------------------
| 13 | | Proposition to issue bonds YES
| 14 | | of..... district to the -------------------------------
| 15 | | amount of..... dollars. NO
| 16 | | -------------------------------------------------------------
| 17 | | Provided that the corporation may borrow money for | 18 | | corporate
purposes, and may issue bonds therefor, without | 19 | | holding an election or
referendum upon the question, if the | 20 | | corporation or the board of
trustees thereof has been directed | 21 | | by an order issued by the circuit
court or by an administrative | 22 | | agency of the State of Illinois having
jurisdiction to issue | 23 | | such order, to abate its discharge of untreated or
inadequately | 24 | | treated sewage, and such borrowing is deemed necessary by
the | 25 | | board of trustees of the Sanitary District to make possible
| 26 | | compliance with such order. The amount of money that the |
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| 1 | | corporation
may borrow to abate such sewage discharge shall be | 2 | | limited to that
required for that purpose plus such reasonable | 3 | | future expansion as shall
be approved by the court or an | 4 | | administrative agency of the State of
Illinois having | 5 | | jurisdiction. The ordinance providing for such bonds
shall set | 6 | | out the fact that such bonds are deemed necessary to make
| 7 | | possible compliance with the order, and shall be published or | 8 | | posted in
the manner provided in this Act for publication or | 9 | | posting of ordinances
making appropriations. The ordinance | 10 | | shall be in full force and effect
after its adoption and | 11 | | publication or posting, as herein provided,
notwithstanding | 12 | | any provision in this Act or any other law to the
contrary.
| 13 | | (Source: P.A. 81-1489 .)
| 14 | | (70 ILCS 2305/11) (from Ch. 42, par. 287)
| 15 | | Sec. 11. Except as otherwise provided in this Section, all | 16 | | contracts
for purchases or sales by the municipality, the | 17 | | expense of which will exceed
the mandatory competitive bid | 18 | | threshold, shall be let to the
lowest responsible bidder | 19 | | therefor upon not less
than 14 days' public notice of the terms | 20 | | and conditions upon which the contract
is to be let, having | 21 | | been given by publication in a newspaper of general
circulation | 22 | | published in the district, and the board may reject any and all
| 23 | | bids and readvertise. In determining the lowest responsible | 24 | | bidder, the board
shall take into consideration the qualities | 25 | | and serviceability of the articles
supplied, their conformity |
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| 1 | | with specifications, their suitability to the
requirements of | 2 | | the district, the availability of support services, the
| 3 | | uniqueness of the service, materials, equipment, or supplies as | 4 | | it applies to
network integrated computer systems, the | 5 | | compatibility of the service,
materials, equipment or supplies | 6 | | with existing equipment, and the delivery
terms. Contracts for | 7 | | services in excess of the mandatory competitive bid
threshold | 8 | | may, subject to the
provisions of this Section, be let by | 9 | | competitive bidding at the discretion of
the district board of | 10 | | trustees. All contracts for purchases or sales that
will not | 11 | | exceed the mandatory competitive bid threshold may be made in | 12 | | the open market without publication in a
newspaper as above | 13 | | provided, but whenever practical shall be based on at least
3 | 14 | | competitive bids. For purposes of this Section, the "mandatory | 15 | | competitive
bid threshold"
is a dollar amount equal to 0.1% of | 16 | | the total general fixed
assets of the district as reported in | 17 | | the most recent required audit report.
In
no event, however, | 18 | | shall the mandatory competitive bid threshold dollar amount
be | 19 | | less than $10,000, nor more than $40,000.
| 20 | | Cash, a cashier's check, a
certified check, or a bid
bond | 21 | | with adequate surety approved by the board of trustees as a | 22 | | deposit of
good faith, in a reasonable amount, but not in | 23 | | excess of 10% of the contract
amount, may be required of each | 24 | | bidder by the district on all bids involving
amounts in excess | 25 | | of the mandatory competitive bid threshold and, if so
required, | 26 | | the advertisement for bids shall so specify.
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| 1 | | Contracts which by their nature are not adapted to award by | 2 | | competitive
bidding, including, without limitation, contracts | 3 | | for the services of
individuals, groups or firms possessing a | 4 | | high degree of professional skill
where the ability or fitness | 5 | | of the individual or organization plays an
important part, | 6 | | contracts for financial management services undertaken
| 7 | | pursuant to "An Act relating to certain investments of public | 8 | | funds by
public agencies", approved July 23, 1943, as now or | 9 | | hereafter amended,
contracts for the purchase or sale of | 10 | | utilities, contracts for commodities including supply | 11 | | contracts for natural gas and electricity, contracts for | 12 | | materials
economically procurable only from a single source of | 13 | | supply, contracts for services, supplies, materials, parts, or | 14 | | equipment which are available only from a single source or | 15 | | contracts for maintenance, repairs, OEM supplies, or OEM parts | 16 | | from the manufacturer or from a source authorized by the | 17 | | manufacturer, contracts for
the use, purchase, delivery, | 18 | | movement, or installation of
data processing equipment, | 19 | | software, or services and telecommunications and
interconnect | 20 | | equipment, software, or services, contracts for duplicating
| 21 | | machines and supplies, contracts for goods or services procured | 22 | | from another
governmental agency, purchases of equipment | 23 | | previously owned by an entity
other than the district itself, | 24 | | purchases of used equipment, purchases at auction or similar | 25 | | transactions which by their very nature are not suitable to | 26 | | competitive bids, and leases of real property where the |
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| 1 | | sanitary
district is the lessee shall not be subject to the | 2 | | competitive bidding
requirements of this Section.
| 3 | | The District may use a design-build procurement method for | 4 | | any public project which shall not be subject to the | 5 | | competitive bidding requirements of this Section provided the | 6 | | Board of Trustees approves the contract for the public project | 7 | | by a vote of 4 of the 5 trustees. For the purposes of this | 8 | | Section, "design-build" means a delivery system that provides | 9 | | responsibility within a single contract for the furnishing of | 10 | | architecture, engineering, land surveying and related services | 11 | | as required, and the labor, materials, equipment, and other | 12 | | construction services for the project. | 13 | | In the case of an emergency affecting the public health or | 14 | | safety so declared
by the Board of Trustees of the municipality | 15 | | at a meeting thereof
duly convened, which declaration shall | 16 | | require the affirmative vote of four
of the five Trustees | 17 | | elected , and shall set forth the nature of the
danger to the | 18 | | public health or safety, contracts totaling not more than the
| 19 | | emergency contract cap
may be let to the extent necessary to
| 20 | | resolve such emergency
without public advertisement or | 21 | | competitive bidding.
For purposes of this Section, the dollar | 22 | | amount of an emergency contract shall not "emergency contract | 23 | | cap" is a dollar
amount equal to 0.4% of the total general | 24 | | fixed assets of
the
district as reported in the most recent | 25 | | required audit report.
In no event,
however, shall the | 26 | | emergency contract cap dollar amount be less than $40,000,
nor |
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| 1 | | more than $600,000 $250,000 .
The Resolution
or Ordinance in | 2 | | which such declaration is embodied shall fix the date upon
| 3 | | which such emergency shall terminate which date may be extended | 4 | | or abridged
by the Board of Trustees as in their judgment the | 5 | | circumstances require. A
full written account of any such | 6 | | emergency, together with a requisition for the
materials, | 7 | | supplies, labor or equipment required therefor shall be | 8 | | submitted
immediately upon completion and shall be open to | 9 | | public inspection for a
period of at least one year subsequent | 10 | | to the date of such emergency purchase.
Within 30 days after | 11 | | the passage of the resolution or ordinance declaring an
| 12 | | emergency
affecting the public health or safety, the | 13 | | municipality shall submit to the
Illinois
Environmental | 14 | | Protection Agency the full written account of any such | 15 | | emergency
along
with a copy of the resolution or ordinance | 16 | | declaring the emergency, in
accordance with
requirements as may | 17 | | be provided by rule.
| 18 | | To address operating emergencies not affecting the public | 19 | | health or safety,
the
Board of Trustees shall authorize, in | 20 | | writing, officials or employees of the
sanitary
district to | 21 | | purchase in the open market and without advertisement any | 22 | | supplies,
materials,
equipment, or services for immediate | 23 | | delivery to meet the bona fide operating
emergency, without | 24 | | filing a requisition or estimate therefor, in an amount not
in | 25 | | excess of
$100,000; provided that the Board of Trustees must be | 26 | | notified of the operating
emergency. A full, written account of |
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| 1 | | each operating emergency and a
requisition for the
materials, | 2 | | supplies, equipment, and services required to meet the | 3 | | operating
emergency
must be immediately submitted by the | 4 | | officials or employees authorized to make
purchases to the
| 5 | | Board of
Trustees. The account must be available for public | 6 | | inspection for a period of
at least one
year after the date of | 7 | | the operating emergency purchase. The exercise of
authority | 8 | | with
respect to purchases for a bona fide operating emergency | 9 | | is not dependent on a
declaration of an operating emergency by | 10 | | the Board of Trustees.
| 11 | | The competitive bidding requirements of this Section do not | 12 | | apply to contracts, including contracts for both materials and | 13 | | services incidental thereto, for the repair or replacement of a | 14 | | sanitary district's treatment plant, sewers, equipment, or | 15 | | facilities damaged or destroyed as the result of a sudden or | 16 | | unexpected occurrence, including, but not limited to, a flood, | 17 | | fire, tornado, earthquake, storm, or other natural or man-made | 18 | | disaster, if the board of trustees determines in writing that | 19 | | the awarding of those contracts without competitive bidding is | 20 | | reasonably necessary for the sanitary district to maintain | 21 | | compliance with a permit issued under the National Pollution | 22 | | Discharge Elimination System (NPDES) or any successor system or | 23 | | with any outstanding order relating to that compliance issued | 24 | | by the United States Environmental Protection Agency, the | 25 | | Illinois Environmental Protection Agency, or the Illinois | 26 | | Pollution Control Board. The authority to issue contracts |
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| 1 | | without competitive bidding
pursuant to this paragraph expires | 2 | | 6 months after the date of the
writing determining that the | 3 | | awarding of contracts without competitive bidding is | 4 | | reasonably necessary. | 5 | | No Trustee shall be interested, directly or indirectly, in | 6 | | any contract,
work or business of the municipality, or in the | 7 | | sale of any article, whenever
the expense, price or | 8 | | consideration of the contract work, business or sale is
paid | 9 | | either from the treasury or by any assessment levied by any | 10 | | Statute or
Ordinance. No Trustee shall be interested, directly | 11 | | or indirectly, in the
purchase of any property which (1) | 12 | | belongs to the municipality, or (2) is sold
for taxes or | 13 | | assessments of the municipality, or (3) is sold by virtue of | 14 | | legal
process in the suit of the municipality.
| 15 | | A contract for any work or other public improvement, to be | 16 | | paid for in
whole or in part by special assessment or special | 17 | | taxation, shall be entered
into and the
performance thereof | 18 | | controlled by the provisions of Division 2 of
Article 9 of the | 19 | | "Illinois Municipal Code", approved May 29, 1961, as
heretofore | 20 | | or hereafter amended, as near as may be. However, contracts
may | 21 | | be let for making proper and suitable connections between the | 22 | | mains
and outlets of the respective sanitary sewers in the | 23 | | district with any
conduit, conduits, main pipe or pipes that | 24 | | may be constructed by such
sanitary district.
| 25 | | (Source: P.A. 95-607, eff. 9-11-07; 96-49, eff. 1-1-10.)
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| 1 | | (70 ILCS 2305/20) (from Ch. 42, par. 296)
| 2 | | Sec. 20.
(a) The board of trustees of any such sanitary | 3 | | district shall have
power and authority to prevent the | 4 | | pollution of any waters from which a
water supply may be | 5 | | obtained by any city, town or village within said
district, and | 6 | | shall have the right and power to appoint and support a
| 7 | | sufficient police force, the members of which may have and | 8 | | exercise police
powers over the territory within such drainage | 9 | | district, and over the
waters from which said water supply may | 10 | | be obtained, for a distance of
three miles from the shore | 11 | | thereof, for the purpose of preventing the
pollution of said | 12 | | waters, and any interference with any of the property of
such | 13 | | drainage district; but such police officers when acting within | 14 | | the
limits of any such city, town or village, shall act in aid | 15 | | of the regular
police force thereof, and shall then be subject | 16 | | to the direction of its
chief of police, city or village | 17 | | marshals or other head thereof: Provided,
that in so doing they | 18 | | shall not be prevented or hindered from executing the
orders | 19 | | and authority of said board of trustees of such drainage | 20 | | district:
Provided, further, that before compelling a change in | 21 | | any method of
disposal of sewage so as to prevent the said | 22 | | pollution of any water, the
board of trustees of such district | 23 | | shall first provide some other method of
sewage treatment | 24 | | disposal .
| 25 | | (b) The board of trustees of any sanitary district | 26 | | organized under
this Act is authorized to apply to the circuit |
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| 1 | | court for injunctive relief
or mandamus when, in the opinion of | 2 | | the board of trustees, such relief is
necessary to prevent the | 3 | | pollution of any waters from which a water supply
may be | 4 | | obtained by any municipality within the district.
| 5 | | (c) The sanitary district shall have the power and | 6 | | authority to
prevent the pollution of any waters
from which a | 7 | | water supply may be obtained by any city, town or village.
The | 8 | | sanitary district, acting through the chief administrative | 9 | | officer of
such sanitary district, shall have the power to | 10 | | commence an action or
proceeding in the circuit court in and | 11 | | for the county in which the district
is located for the purpose | 12 | | of having the pollution stopped and prevented
either by | 13 | | mandamus or injunction. The court shall specify a time, not
| 14 | | exceeding 20 days after the service of the copy of the | 15 | | petition, in which
the party complained of must answer the | 16 | | petition, and in the meantime, the
party be restrained. In case | 17 | | of default in answer or after answer, the
court shall | 18 | | immediately inquire into the facts and circumstances of the
| 19 | | case and enter an appropriate order in respect to the matters
| 20 | | complained of. An appeal may be taken in the same
manner and | 21 | | with the same effect as appeals are taken
in other actions for | 22 | | mandamus or injunction.
| 23 | | (Source: P.A. 85-1136.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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