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Full Text of SB2136  101st General Assembly

SB2136 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2136

 

Introduced 2/15/2019, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2305/7.6
70 ILCS 2305/7.8 new
70 ILCS 2305/11  from Ch. 42, par. 287
70 ILCS 2305/16  from Ch. 42, par. 292

    Amends the North Shore Water Reclamation District Act. Provides that connection fees owed at the time of a property's sale shall be a lien on real estate. Provides that if the district participates in a nutrient trading program, the district shall give preference to trading investments: (i) that will benefit low income or rural communities; and (ii) where local water quality improvements can be realized. Increases the maximum dollar amount of an emergency contract to no more than $500,000 (rather than $350,000). Provides that if the board of trustees determine there is an emergency affecting the public health or safety, the district may immediately acquire the necessary right-of-way and authority to work within or adjacent to a public highway right-of-way or easement, public or private utility property or easement, railroad right-of-way, or other public property or easement. Effective immediately.


LRB101 11153 AWJ 56385 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2136LRB101 11153 AWJ 56385 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The North Shore Water Reclamation District Act
5is amended by changing Sections 7.6, 11, and 16 and by adding
6Section 7.8 as follows:
 
7    (70 ILCS 2305/7.6)
8    Sec. 7.6. Rates for treatment and disposal of sewage and
9surface or ground water. The board of trustees shall have the
10authority by ordinance to establish, revise, and maintain rates
11or charges for the treatment and disposal of sewage and surface
12or ground water. Any user charge, industrial waste surcharge,
13connection fees owed at the time of a property's sale, or
14industrial cost recovery charge imposed by the sanitary
15district, together with all penalties, interest, and costs
16imposed in connection therewith, shall be liens against the
17real estate which receives the service or benefit for which the
18charges are being imposed; provided, however, such liens shall
19not attach to such real estate until such charges or rates have
20become delinquent as provided by the ordinance of the sanitary
21district and provided further, that nothing in this Section
22shall be construed to give the sanitary district a preference
23over the rights of any purchaser, mortgagee, judgment creditor,

 

 

SB2136- 2 -LRB101 11153 AWJ 56385 b

1or other lien holder arising prior to the filing in the office
2of the recorder of the county in which real estate is located
3of notice of the lien, which notice shall consist of a sworn
4statement setting out (1) a description of the real estate for
5which the service or the benefit was rendered sufficient to
6identify the real estate, (2) the amount or amounts of money
7due for such service or benefit, and (3) the date or dates when
8such amount or amounts became delinquent. The sanitary district
9shall have the power to foreclose such lien in the same manner
10and with the same effect as in the foreclosure of mortgages on
11real estate.
12    The assertion of liens against real estate by the sanitary
13district to secure payment of user charges, industrial waste
14surcharges, connection fees owed at the time of a property's
15sale, or industrial cost recovery charges imposed by the
16sanitary district as indicated in the previous paragraph shall
17be in addition to any other remedy or right of recovery which
18the sanitary district may have with respect to the collection
19or recovery of such charges imposed by the sanitary district.
20Judgment in a civil action brought by the sanitary district to
21recover or collect such charges shall not operate as a release
22and waiver of the lien upon the real estate for the amount of
23the judgment. Only satisfaction of the judgment or the filing
24of a release or satisfaction of lien shall release said lien.
25The lien for charges on account of services or benefits
26provided for in this Section and the rights created hereunder

 

 

SB2136- 3 -LRB101 11153 AWJ 56385 b

1shall be in addition to the lien upon real estate created by
2and imposed for general real estate taxes.
3(Source: P.A. 99-669, eff. 7-29-16.)
 
4    (70 ILCS 2305/7.8 new)
5    Sec. 7.8. Nutrient trading.
6    (a) The sanitary district may participate in any available
7nutrient trading program in the State for meeting water quality
8standards.
9    (b) The authorization granted to the sanitary district
10under this Section shall not be construed as modifying or
11limiting any other law or rule. Any actions taken pursuant to
12this Section must be in compliance with all applicable laws and
13rules, including, but not limited to, the Environmental
14Protection Act and rules adopted under that Act.
15    (c) If the sanitary district participates in a nutrient
16trading program under subsection (a), the sanitary district
17shall give preference to trading investments: (i) that will
18benefit low income or rural communities; and (ii) where local
19water quality improvements can be realized.
 
20    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
21    Sec. 11. Except as otherwise provided in this Section, all
22contracts for purchases or sales by the municipality, the
23expense of which will exceed the mandatory competitive bid
24threshold, shall be let to the lowest responsible bidder

 

 

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1therefor upon not less than 14 days' public notice of the terms
2and conditions upon which the contract is to be let, having
3been given by publication in a newspaper of general circulation
4published in the district, and the board may reject any and all
5bids and readvertise. In determining the lowest responsible
6bidder, the board shall take into consideration the qualities
7and serviceability of the articles supplied, their conformity
8with specifications, their suitability to the requirements of
9the district, the availability of support services, the
10uniqueness of the service, materials, equipment, or supplies as
11it applies to network integrated computer systems, the
12compatibility of the service, materials, equipment or supplies
13with existing equipment, and the delivery terms. Contracts for
14services in excess of the mandatory competitive bid threshold
15may, subject to the provisions of this Section, be let by
16competitive bidding at the discretion of the district board of
17trustees. All contracts for purchases or sales that will not
18exceed the mandatory competitive bid threshold may be made in
19the open market without publication in a newspaper as above
20provided, but whenever practical shall be based on at least 3
21competitive bids. For purposes of this Section, the "mandatory
22competitive bid threshold" is a dollar amount equal to 0.1% of
23the total general fixed assets of the district as reported in
24the most recent required audit report. In no event, however,
25shall the mandatory competitive bid threshold dollar amount be
26less than $10,000, nor more than $40,000.

 

 

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1    Cash, a cashier's check, a certified check, or a bid bond
2with adequate surety approved by the board of trustees as a
3deposit of good faith, in a reasonable amount, but not in
4excess of 10% of the contract amount, may be required of each
5bidder by the district on all bids involving amounts in excess
6of the mandatory competitive bid threshold and, if so required,
7the advertisement for bids shall so specify.
8    Contracts which by their nature are not adapted to award by
9competitive bidding, including, without limitation, contracts
10for the services of individuals, groups or firms possessing a
11high degree of professional skill where the ability or fitness
12of the individual or organization plays an important part,
13contracts for financial management services undertaken
14pursuant to "An Act relating to certain investments of public
15funds by public agencies", approved July 23, 1943, as now or
16hereafter amended, contracts for the purchase or sale of
17utilities, contracts for commodities including supply
18contracts for natural gas and electricity, contracts for
19materials economically procurable only from a single source of
20supply, contracts for services, supplies, materials, parts, or
21equipment which are available only from a single source or
22contracts for maintenance, repairs, OEM supplies, or OEM parts
23from the manufacturer or from a source authorized by the
24manufacturer, contracts for the use, purchase, delivery,
25movement, or installation of data processing equipment,
26software, or services and telecommunications and interconnect

 

 

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1equipment, software, or services, contracts for duplicating
2machines and supplies, contracts for goods or services procured
3from another governmental agency, purchases of equipment
4previously owned by an entity other than the district itself,
5purchases of used equipment, purchases at auction or similar
6transactions which by their very nature are not suitable to
7competitive bids, and leases of real property where the
8sanitary district is the lessee shall not be subject to the
9competitive bidding requirements of this Section.
10    The District may use a design-build procurement method for
11any public project which shall not be subject to the
12competitive bidding requirements of this Section provided the
13Board of Trustees approves the contract for the public project
14by a vote of 4 of the 5 trustees. For the purposes of this
15Section, "design-build" means a delivery system that provides
16responsibility within a single contract for the furnishing of
17architecture, engineering, land surveying and related services
18as required, and the labor, materials, equipment, and other
19construction services for the project.
20    In the case of an emergency affecting the public health or
21safety so declared by the Board of Trustees of the municipality
22at a meeting thereof duly convened, which declaration shall
23require the affirmative vote of four of the five Trustees, and
24shall set forth the nature of the danger to the public health
25or safety, contracts totaling not more than the emergency
26contract cap may be let to the extent necessary to resolve such

 

 

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1emergency without public advertisement or competitive bidding.
2For purposes of this Section, the dollar amount of an emergency
3contract shall not be less than $40,000, nor more than $500,000
4$350,000. The Resolution or Ordinance in which such declaration
5is embodied shall fix the date upon which such emergency shall
6terminate which date may be extended or abridged by the Board
7of Trustees as in their judgment the circumstances require. A
8full written account of any such emergency, together with a
9requisition for the materials, supplies, labor or equipment
10required therefor shall be submitted immediately upon
11completion and shall be open to public inspection for a period
12of at least one year subsequent to the date of such emergency
13purchase.
14    To address operating emergencies not affecting the public
15health or safety, the Board of Trustees shall authorize, in
16writing, officials or employees of the sanitary district to
17purchase in the open market and without advertisement any
18supplies, materials, equipment, or services for immediate
19delivery to meet the bona fide operating emergency, without
20filing a requisition or estimate therefor, in an amount not in
21excess of $100,000; provided that the Board of Trustees must be
22notified of the operating emergency. A full, written account of
23each operating emergency and a requisition for the materials,
24supplies, equipment, and services required to meet the
25operating emergency must be immediately submitted by the
26officials or employees authorized to make purchases to the

 

 

SB2136- 8 -LRB101 11153 AWJ 56385 b

1Board of Trustees. The account must be available for public
2inspection for a period of at least one year after the date of
3the operating emergency purchase. The exercise of authority
4with respect to purchases for a bona fide operating emergency
5is not dependent on a declaration of an operating emergency by
6the Board of Trustees.
7    The competitive bidding requirements of this Section do not
8apply to contracts, including contracts for both materials and
9services incidental thereto, for the repair or replacement of a
10sanitary district's treatment plant, sewers, equipment, or
11facilities damaged or destroyed as the result of a sudden or
12unexpected occurrence, including, but not limited to, a flood,
13fire, tornado, earthquake, storm, or other natural or man-made
14disaster, if the board of trustees determines in writing that
15the awarding of those contracts without competitive bidding is
16reasonably necessary for the sanitary district to maintain
17compliance with a permit issued under the National Pollution
18Discharge Elimination System (NPDES) or any successor system or
19with any outstanding order relating to that compliance issued
20by the United States Environmental Protection Agency, the
21Illinois Environmental Protection Agency, or the Illinois
22Pollution Control Board. The authority to issue contracts
23without competitive bidding pursuant to this paragraph expires
246 months after the date of the writing determining that the
25awarding of contracts without competitive bidding is
26reasonably necessary.

 

 

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1    No Trustee shall be interested, directly or indirectly, in
2any contract, work or business of the municipality, or in the
3sale of any article, whenever the expense, price or
4consideration of the contract work, business or sale is paid
5either from the treasury or by any assessment levied by any
6Statute or Ordinance. No Trustee shall be interested, directly
7or indirectly, in the purchase of any property which (1)
8belongs to the municipality, or (2) is sold for taxes or
9assessments of the municipality, or (3) is sold by virtue of
10legal process in the suit of the municipality.
11    A contract for any work or other public improvement, to be
12paid for in whole or in part by special assessment or special
13taxation, shall be entered into and the performance thereof
14controlled by the provisions of Division 2 of Article 9 of the
15"Illinois Municipal Code", approved May 29, 1961, as heretofore
16or hereafter amended, as near as may be. However, contracts may
17be let for making proper and suitable connections between the
18mains and outlets of the respective sanitary sewers in the
19district with any conduit, conduits, main pipe or pipes that
20may be constructed by such sanitary district.
21(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
 
22    (70 ILCS 2305/16)  (from Ch. 42, par. 292)
23    Sec. 16. Entering other property for improvements;
24emergency improvements.
25    (a) When, in making any improvements which any district is

 

 

SB2136- 10 -LRB101 11153 AWJ 56385 b

1authorized by this act to make, it shall be necessary to enter
2upon and take possession of any existing drains, sewers, sewer
3outlets, plants for the purification of sewage or water, or any
4other public property, or property held for public use, the
5board of trustees of such district shall have the power so to
6do and may acquire the necessary right of way over any other
7property held for public use in the same manner as is herein
8provided for acquiring private property, and may enter upon,
9and use the same for the purposes aforesaid: Provided, the
10public use thereof shall not be unnecessarily interrupted or
11interfered with, and that the same shall be restored to its
12former usefulness as soon as practicable.
13    (b) If the board of trustees determine there is an
14emergency affecting the public health or safety, the sanitary
15district may immediately acquire the necessary right-of-way
16and authority to work within or adjacent to a public highway
17right-of-way or easement, public or private utility property or
18easement, railroad right-of-way, or other public property or
19easement.
20(Source: Laws 1911, p. 299.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.