Full Text of HB2862 101st General Assembly
HB2862eng 101ST GENERAL ASSEMBLY |
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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 Water Reclamation District Act | 5 | | is amended by changing Sections 7.6 and 11 and by adding | 6 | | Section 7.8 as follows: | 7 | | (70 ILCS 2305/7.6) | 8 | | Sec. 7.6. Rates for treatment and disposal of sewage and | 9 | | surface or ground water. The board of trustees shall have the | 10 | | authority by ordinance to establish, revise, and maintain rates | 11 | | or charges for the treatment and disposal of sewage and surface | 12 | | or ground water. Any user charge, industrial waste surcharge, | 13 | | connection fees owed at the time of a property's sale, or | 14 | | industrial cost recovery charge imposed by the sanitary | 15 | | district, together with all penalties, interest, and costs | 16 | | imposed in connection therewith, shall be liens against the | 17 | | real estate which receives the service or benefit for which the | 18 | | charges are being imposed; provided, however, such liens shall | 19 | | not attach to such real estate until such charges or rates have | 20 | | become delinquent as provided by the ordinance of the sanitary | 21 | | district and provided further, that nothing in this Section | 22 | | shall be construed to give the sanitary district a preference | 23 | | over the rights of any purchaser, mortgagee, judgment creditor, |
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| 1 | | or other lien holder arising prior to the filing in the office | 2 | | of the recorder of the county in which real estate is located | 3 | | of notice of the lien, which notice shall consist of a sworn | 4 | | statement setting out (1) a description of the real estate for | 5 | | which the service or the benefit was rendered sufficient to | 6 | | identify the real estate, (2) the amount or amounts of money | 7 | | due for such service or benefit, and (3) the date or dates when | 8 | | such amount or amounts became delinquent. The sanitary district | 9 | | shall have the power to foreclose such lien in the same manner | 10 | | and with the same effect as in the foreclosure of mortgages on | 11 | | real estate. | 12 | | The assertion of liens against real estate by the sanitary | 13 | | district to secure payment of user charges, industrial waste | 14 | | surcharges, connection fees owed at the time of a property's | 15 | | sale, or industrial cost recovery charges imposed by the | 16 | | sanitary district as indicated in the previous paragraph shall | 17 | | be in addition to any other remedy or right of recovery which | 18 | | the sanitary district may have with respect to the collection | 19 | | or recovery of such charges imposed by the sanitary district. | 20 | | Judgment in a civil action brought by the sanitary district to | 21 | | recover or collect such charges shall not operate as a release | 22 | | and waiver of the lien upon the real estate for the amount of | 23 | | the judgment. Only satisfaction of the judgment or the filing | 24 | | of a release or satisfaction of lien shall release said lien. | 25 | | The lien for charges on account of services or benefits | 26 | | provided for in this Section and the rights created hereunder |
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| 1 | | shall be in addition to the lien upon real estate created by | 2 | | and 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 | 7 | | nutrient trading program in the State for meeting water quality | 8 | | standards. | 9 | | (b) The authorization granted to the sanitary district | 10 | | under this Section shall not be construed as modifying or | 11 | | limiting any other law or rule. Any actions taken pursuant to | 12 | | this Section must be in compliance with all applicable laws and | 13 | | rules, including, but not limited to, the Environmental | 14 | | Protection Act and rules adopted under that Act. | 15 | | (c) If the sanitary district participates in a nutrient | 16 | | trading program under subsection (a), the sanitary district | 17 | | shall give preference to trading investments: (i) that will | 18 | | benefit low income or rural communities; and (ii) where local | 19 | | water 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 | 22 | | contracts
for purchases or sales by the municipality, the | 23 | | expense of which will exceed
the mandatory competitive bid | 24 | | threshold, shall be let to the
lowest responsible bidder |
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| 1 | | therefor upon not less
than 14 days' public notice of the terms | 2 | | and conditions upon which the contract
is to be let, having | 3 | | been given by publication in a newspaper of general
circulation | 4 | | published in the district, and the board may reject any and all
| 5 | | bids and readvertise. In determining the lowest responsible | 6 | | bidder, the board
shall take into consideration the qualities | 7 | | and serviceability of the articles
supplied, their conformity | 8 | | with specifications, their suitability to the
requirements of | 9 | | the district, the availability of support services, the
| 10 | | uniqueness of the service, materials, equipment, or supplies as | 11 | | it applies to
network integrated computer systems, the | 12 | | compatibility of the service,
materials, equipment or supplies | 13 | | with existing equipment, and the delivery
terms. Contracts for | 14 | | services in excess of the mandatory competitive bid
threshold | 15 | | may, subject to the
provisions of this Section, be let by | 16 | | competitive bidding at the discretion of
the district board of | 17 | | trustees. All contracts for purchases or sales that
will not | 18 | | exceed the mandatory competitive bid threshold may be made in | 19 | | the open market without publication in a
newspaper as above | 20 | | provided, but whenever practical shall be based on at least
3 | 21 | | competitive bids. For purposes of this Section, the "mandatory | 22 | | competitive
bid threshold"
is a dollar amount equal to 0.1% of | 23 | | the total general fixed
assets of the district as reported in | 24 | | the most recent required audit report.
In
no event, however, | 25 | | shall the mandatory competitive bid threshold dollar amount
be | 26 | | less 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 | 2 | | with adequate surety approved by the board of trustees as a | 3 | | deposit of
good faith, in a reasonable amount, but not in | 4 | | excess of 10% of the contract
amount, may be required of each | 5 | | bidder by the district on all bids involving
amounts in excess | 6 | | of the mandatory competitive bid threshold and, if so
required, | 7 | | the advertisement for bids shall so specify.
| 8 | | Contracts which by their nature are not adapted to award by | 9 | | competitive
bidding, including, without limitation, contracts | 10 | | for the services of
individuals, groups or firms possessing a | 11 | | high degree of professional skill
where the ability or fitness | 12 | | of the individual or organization plays an
important part, | 13 | | contracts for financial management services undertaken
| 14 | | pursuant to "An Act relating to certain investments of public | 15 | | funds by
public agencies", approved July 23, 1943, as now or | 16 | | hereafter amended,
contracts for the purchase or sale of | 17 | | utilities, contracts for commodities including supply | 18 | | contracts for natural gas and electricity, contracts for | 19 | | materials
economically procurable only from a single source of | 20 | | supply, contracts for services, supplies, materials, parts, or | 21 | | equipment which are available only from a single source or | 22 | | contracts for maintenance, repairs, OEM supplies, or OEM parts | 23 | | from the manufacturer or from a source authorized by the | 24 | | manufacturer, contracts for
the use, purchase, delivery, | 25 | | movement, or installation of
data processing equipment, | 26 | | software, or services and telecommunications and
interconnect |
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| 1 | | equipment, software, or services, contracts for duplicating
| 2 | | machines and supplies, contracts for goods or services procured | 3 | | from another
governmental agency, purchases of equipment | 4 | | previously owned by an entity
other than the district itself, | 5 | | purchases of used equipment, purchases at auction or similar | 6 | | transactions which by their very nature are not suitable to | 7 | | competitive bids, and leases of real property where the | 8 | | sanitary
district is the lessee shall not be subject to the | 9 | | competitive bidding
requirements of this Section.
| 10 | | The District may use a design-build procurement method for | 11 | | any public project which shall not be subject to the | 12 | | competitive bidding requirements of this Section provided the | 13 | | Board of Trustees approves the contract for the public project | 14 | | by a vote of 4 of the 5 trustees. For the purposes of this | 15 | | Section, "design-build" means a delivery system that provides | 16 | | responsibility within a single contract for the furnishing of | 17 | | architecture, engineering, land surveying and related services | 18 | | as required, and the labor, materials, equipment, and other | 19 | | construction services for the project. | 20 | | In the case of an emergency affecting the public health or | 21 | | safety so declared
by the Board of Trustees of the municipality | 22 | | at a meeting thereof
duly convened, which declaration shall | 23 | | require the affirmative vote of four
of the five Trustees, and | 24 | | shall set forth the nature of the
danger to the public health | 25 | | or safety, contracts totaling not more than the
emergency | 26 | | contract cap
may be let to the extent necessary to
resolve such |
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| 1 | | emergency
without public advertisement or competitive bidding.
| 2 | | For purposes of this Section, the dollar amount of an emergency | 3 | | contract shall not be less than $40,000,
nor more than $500,000 | 4 | | $350,000 .
The Resolution
or Ordinance in which such declaration | 5 | | is embodied shall fix the date upon
which such emergency shall | 6 | | terminate which date may be extended or abridged
by the Board | 7 | | of Trustees as in their judgment the circumstances require. A
| 8 | | full written account of any such emergency, together with a | 9 | | requisition for the
materials, supplies, labor or equipment | 10 | | required therefor shall be submitted
immediately upon | 11 | | completion and shall be open to public inspection for a
period | 12 | | of at least one year subsequent to the date of such emergency | 13 | | purchase.
| 14 | | To address operating emergencies not affecting the public | 15 | | health or safety,
the
Board of Trustees shall authorize, in | 16 | | writing, officials or employees of the
sanitary
district to | 17 | | purchase in the open market and without advertisement any | 18 | | supplies,
materials,
equipment, or services for immediate | 19 | | delivery to meet the bona fide operating
emergency, without | 20 | | filing a requisition or estimate therefor, in an amount not
in | 21 | | excess of
$100,000; provided that the Board of Trustees must be | 22 | | notified of the operating
emergency. A full, written account of | 23 | | each operating emergency and a
requisition for the
materials, | 24 | | supplies, equipment, and services required to meet the | 25 | | operating
emergency
must be immediately submitted by the | 26 | | officials or employees authorized to make
purchases to the
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| 1 | | Board of
Trustees. The account must be available for public | 2 | | inspection for a period of
at least one
year after the date of | 3 | | the operating emergency purchase. The exercise of
authority | 4 | | with
respect to purchases for a bona fide operating emergency | 5 | | is not dependent on a
declaration of an operating emergency by | 6 | | the Board of Trustees.
| 7 | | The competitive bidding requirements of this Section do not | 8 | | apply to contracts, including contracts for both materials and | 9 | | services incidental thereto, for the repair or replacement of a | 10 | | sanitary district's treatment plant, sewers, equipment, or | 11 | | facilities damaged or destroyed as the result of a sudden or | 12 | | unexpected occurrence, including, but not limited to, a flood, | 13 | | fire, tornado, earthquake, storm, or other natural or man-made | 14 | | disaster, if the board of trustees determines in writing that | 15 | | the awarding of those contracts without competitive bidding is | 16 | | reasonably necessary for the sanitary district to maintain | 17 | | compliance with a permit issued under the National Pollution | 18 | | Discharge Elimination System (NPDES) or any successor system or | 19 | | with any outstanding order relating to that compliance issued | 20 | | by the United States Environmental Protection Agency, the | 21 | | Illinois Environmental Protection Agency, or the Illinois | 22 | | Pollution Control Board. The authority to issue contracts | 23 | | without competitive bidding
pursuant to this paragraph expires | 24 | | 6 months after the date of the
writing determining that the | 25 | | awarding of contracts without competitive bidding is | 26 | | reasonably necessary. |
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| 1 | | No Trustee shall be interested, directly or indirectly, in | 2 | | any contract,
work or business of the municipality, or in the | 3 | | sale of any article, whenever
the expense, price or | 4 | | consideration of the contract work, business or sale is
paid | 5 | | either from the treasury or by any assessment levied by any | 6 | | Statute or
Ordinance. No Trustee shall be interested, directly | 7 | | or indirectly, in the
purchase of any property which (1) | 8 | | belongs to the municipality, or (2) is sold
for taxes or | 9 | | assessments of the municipality, or (3) is sold by virtue of | 10 | | legal
process in the suit of the municipality.
| 11 | | A contract for any work or other public improvement, to be | 12 | | paid for in
whole or in part by special assessment or special | 13 | | taxation, shall be entered
into and the
performance thereof | 14 | | controlled by the provisions of Division 2 of
Article 9 of the | 15 | | "Illinois Municipal Code", approved May 29, 1961, as
heretofore | 16 | | or hereafter amended, as near as may be. However, contracts
may | 17 | | be let for making proper and suitable connections between the | 18 | | mains
and outlets of the respective sanitary sewers in the | 19 | | district with any
conduit, conduits, main pipe or pipes that | 20 | | may be constructed by such
sanitary district.
| 21 | | (Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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