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Public Act 101-0575 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The North Shore Water Reclamation District Act | ||||
is amended by changing Sections 4, 7.6, 11, and 16 and by | ||||
adding Section 7.8 as follows:
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(70 ILCS 2305/4) (from Ch. 42, par. 280)
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Sec. 4. Board of trustees; powers; compensation. The | ||||
trustees shall
constitute a board of trustees for the district.
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The board of trustees is the corporate authority of the | ||||
district, and
shall exercise all the powers and manage and | ||||
control all the affairs and
property of the district. The board | ||||
shall elect a president and
vice-president from among their own | ||||
number. In case of the death,
resignation, absence from the | ||||
state, or other disability of the
president, the powers, duties | ||||
and emoluments of the office of the
president shall devolve | ||||
upon the vice-president, until the disability
is removed or | ||||
until a successor to the president is appointed and chosen
in | ||||
the manner provided in this Act. The board may select a | ||||
secretary,
treasurer, executive director, and attorney, and | ||||
may provide
by ordinance for the employment of other employees | ||||
as
the board may deem necessary for the municipality. The board | ||||
may appoint
such other officers and hire such employees to |
manage and control the
operations of the district as it deems | ||
necessary; provided, however, that the
board shall not employ | ||
an individual as a wastewater operator whose Certificate
of | ||
Technical Competency is suspended or revoked under rules | ||
adopted by the
Pollution Control Board under item (4) of | ||
subsection (a) of Section 13 of the
Environmental Protection | ||
Act. All employees
selected by the board shall hold their | ||
respective offices during the
pleasure of the board, and give | ||
such bond as may be required by the
board. The board may | ||
prescribe the duties and fix the compensation of
all the | ||
officers and employees of the sanitary district. However, the
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president of the board of trustees shall not receive more than | ||
$10,000 per
year and the other members of the board shall not | ||
receive more than $7,000
per year. However, beginning with the | ||
commencement of the new term of each
board member in 1993, the | ||
president shall not receive more than $11,000 per
year and each | ||
other member of the board shall not receive more than $8,000
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per year. Beginning with the commencement of the first new term | ||
after the effective date of this amendatory Act of the 95th | ||
General Assembly, the president of the board shall not receive | ||
more than $18,000 $14,000 per year, and each other member of | ||
the board shall not receive more than $15,000 $11,000 per year. | ||
The board of trustees has full power to pass all necessary
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ordinances, rules and regulations for the proper management and | ||
conduct of
the business of the board and of the corporation, | ||
and for carrying into
effect the objects for which the sanitary |
district was formed. The
ordinances may provide for a fine for | ||
each offense of not less than $100 or
more than $1,000. Each | ||
day's continuance of a violation shall be a
separate offense. | ||
Fines under this Section are recoverable by the sanitary
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district in a civil action. The sanitary district is authorized | ||
to apply
to the circuit court for injunctive relief or mandamus | ||
when, in the opinion
of the chief administrative officer, the | ||
relief is necessary
to protect the sewerage system of the | ||
sanitary district.
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The board of trustees shall have the authority to change | ||
the name of the District, by ordinance, to the North Shore | ||
Water Reclamation District. Any such name change shall not | ||
impair the legal status of any act by the sanitary district. If | ||
an ordinance is passed pursuant to this paragraph, all | ||
provisions of this Act shall apply to the newly renamed | ||
district. No rights, duties, or privilege of such sanitary | ||
district or of any person existing before the change of name | ||
shall be affected by the change in the name of the sanitary | ||
district. All proceedings pending in any court relating to such | ||
sanitary district may continue to final consummation under the | ||
name in which they were commenced. | ||
(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
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(70 ILCS 2305/7.6) | ||
Sec. 7.6. Rates for treatment and disposal of sewage and | ||
surface or ground water. The board of trustees shall have the |
authority by ordinance to establish, revise, and maintain rates | ||
or charges for the treatment and disposal of sewage and surface | ||
or ground water. Any user charge, industrial waste surcharge, | ||
connection fee or connection-related fee, or industrial cost | ||
recovery charge imposed by the sanitary district, together with | ||
all penalties, interest, and costs imposed in connection | ||
therewith, shall be liens against the real estate which | ||
receives the service or benefit for which the charges are being | ||
imposed; provided, however, such liens shall not attach to such | ||
real estate until such charges or rates have become delinquent | ||
as provided by the ordinance of the sanitary district and | ||
provided further, that nothing in this Section shall be | ||
construed to give the sanitary district a preference over the | ||
rights of any purchaser, mortgagee, judgment creditor, or other | ||
lien holder arising prior to the filing in the office of the | ||
recorder of the county in which real estate is located of | ||
notice of the lien, which notice shall consist of a sworn | ||
statement setting out (1) a description of the real estate for | ||
which the service or the benefit was rendered sufficient to | ||
identify the real estate, (2) the amount or amounts of money | ||
due for such service or benefit, and (3) the date or dates when | ||
such amount or amounts became delinquent. The sanitary district | ||
shall have the power to foreclose such lien in the same manner | ||
and with the same effect as in the foreclosure of mortgages on | ||
real estate. The payment of connection fees or | ||
connection-related fees by the user or any other interested |
party is a condition for the continued connection of the real | ||
property or any structure thereon. The sanitary district shall | ||
have the authority to terminate all connections and service to | ||
any real property or structure thereon if any connection fee or | ||
connection-related fee is not paid within 60 days from the date | ||
such payment is due by the user or any other party that has an | ||
interest or subsequently acquires an interest in the property. | ||
The assertion of liens against real estate by the sanitary | ||
district to secure payment of user charges, industrial waste | ||
surcharges, connection fee or connection-related fee, or | ||
industrial cost recovery charges imposed by the sanitary | ||
district as indicated in the previous paragraph shall be in | ||
addition to any other remedy or right of recovery which the | ||
sanitary district may have with respect to the collection or | ||
recovery of such charges imposed by the sanitary district. | ||
Judgment in a civil action brought by the sanitary district to | ||
recover or collect such charges shall not operate as a release | ||
and waiver of the lien upon the real estate for the amount of | ||
the judgment. Only satisfaction of the judgment or the filing | ||
of a release or satisfaction of lien shall release said lien. | ||
The lien for charges on account of services or benefits | ||
provided for in this Section and the rights created hereunder | ||
shall be in addition to the lien upon real estate created by | ||
and imposed for general real estate taxes.
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(Source: P.A. 99-669, eff. 7-29-16.) |
(70 ILCS 2305/7.8 new) | ||
Sec. 7.8. Nutrient trading. | ||
(a) The sanitary district may participate in any available | ||
nutrient trading program in the State for meeting water quality | ||
standards. | ||
(b) The authorization granted to the sanitary district | ||
under this Section shall not be construed as modifying or | ||
limiting any other law or rule. Any actions taken pursuant to | ||
this Section must be in compliance with all applicable laws and | ||
rules, including, but not limited to, the Environmental | ||
Protection Act and rules adopted under that Act. | ||
(c) If the sanitary district participates in a nutrient | ||
trading program under subsection (a), the sanitary 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.
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(70 ILCS 2305/11) (from Ch. 42, par. 287)
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Sec. 11. Except as otherwise provided in this Section, all | ||
contracts
for purchases or sales by the municipality, the | ||
expense of which will exceed
the mandatory competitive bid | ||
threshold, shall be let to the
lowest responsible bidder | ||
therefor upon not less
than 14 days' public notice of the terms | ||
and conditions upon which the contract
is to be let, having | ||
been given by publication in a newspaper of general
circulation | ||
published in the district, and the board may reject any and all
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bids and readvertise. In determining the lowest responsible | ||
bidder, the board
shall take into consideration the qualities | ||
and serviceability of the articles
supplied, their conformity | ||
with specifications, their suitability to the
requirements of | ||
the district, the availability of support services, the
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uniqueness of the service, materials, equipment, or supplies as | ||
it applies to
network integrated computer systems, the | ||
compatibility of the service,
materials, equipment or supplies | ||
with existing equipment, and the delivery
terms. Contracts for | ||
services in excess of the mandatory competitive bid
threshold | ||
may, subject to the
provisions of this Section, be let by | ||
competitive bidding at the discretion of
the district board of | ||
trustees. All contracts for purchases or sales that
will not | ||
exceed the mandatory competitive bid threshold may be made in | ||
the open market without publication in a
newspaper as above | ||
provided, but whenever practical shall be based on at least
3 | ||
competitive bids. For purposes of this Section, the "mandatory | ||
competitive
bid threshold"
is a dollar amount equal to 0.1% of | ||
the total general fixed
assets of the district as reported in | ||
the most recent required audit report.
In
no event, however, | ||
shall the mandatory competitive bid threshold dollar amount
be | ||
less than $10,000, nor more than $40,000.
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Cash, a cashier's check, a
certified check, or a bid
bond | ||
with adequate surety approved by the board of trustees as a | ||
deposit of
good faith, in a reasonable amount, but not in | ||
excess of 10% of the contract
amount, may be required of each |
bidder by the district on all bids involving
amounts in excess | ||
of the mandatory competitive bid threshold and, if so
required, | ||
the advertisement for bids shall so specify.
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Contracts which by their nature are not adapted to award by | ||
competitive
bidding, including, without limitation, contracts | ||
for the services of
individuals, groups or firms possessing a | ||
high degree of professional skill
where the ability or fitness | ||
of the individual or organization plays an
important part, | ||
contracts for financial management services undertaken
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pursuant to "An Act relating to certain investments of public | ||
funds by
public agencies", approved July 23, 1943, as now or | ||
hereafter amended,
contracts for the purchase or sale of | ||
utilities, contracts for commodities including supply | ||
contracts for natural gas and electricity, contracts for | ||
materials
economically procurable only from a single source of | ||
supply, contracts for services, supplies, materials, parts, or | ||
equipment which are available only from a single source or | ||
contracts for maintenance, repairs, OEM supplies, or OEM parts | ||
from the manufacturer or from a source authorized by the | ||
manufacturer, contracts for
the use, purchase, delivery, | ||
movement, or installation of
data processing equipment, | ||
software, or services and telecommunications and
interconnect | ||
equipment, software, or services, contracts for duplicating
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machines and supplies, contracts for goods or services procured | ||
from another
governmental agency, purchases of equipment | ||
previously owned by an entity
other than the district itself, |
purchases of used equipment, purchases at auction or similar | ||
transactions which by their very nature are not suitable to | ||
competitive bids, and leases of real property where the | ||
sanitary
district is the lessee shall not be subject to the | ||
competitive bidding
requirements of this Section.
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The District may use a design-build procurement method for | ||
any public project which shall not be subject to the | ||
competitive bidding requirements of this Section provided the | ||
Board of Trustees approves the contract for the public project | ||
by a vote of 4 of the 5 trustees. For the purposes of this | ||
Section, "design-build" means a delivery system that provides | ||
responsibility within a single contract for the furnishing of | ||
architecture, engineering, land surveying and related services | ||
as required, and the labor, materials, equipment, and other | ||
construction services for the project. | ||
In the case of an emergency affecting the public health or | ||
safety so declared
by the Board of Trustees of the municipality | ||
at a meeting thereof
duly convened, which declaration shall | ||
require the affirmative vote of four
of the five Trustees, and | ||
shall set forth the nature of the
danger to the public health | ||
or safety, contracts totaling not more than the
emergency | ||
contract cap
may be let to the extent necessary to
resolve such | ||
emergency
without public advertisement or competitive bidding.
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For purposes of this Section, the dollar amount of an emergency | ||
contract shall not be less than $40,000,
nor more than $500,000 | ||
$350,000 .
The Resolution
or Ordinance in which such declaration |
is embodied shall fix the date upon
which such emergency shall | ||
terminate which date may be extended or abridged
by the Board | ||
of Trustees as in their judgment the circumstances require. A
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full written account of any such emergency, together with a | ||
requisition for the
materials, supplies, labor or equipment | ||
required therefor shall be submitted
immediately upon | ||
completion and shall be open to public inspection for a
period | ||
of at least one year subsequent to the date of such emergency | ||
purchase.
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To address operating emergencies not affecting the public | ||
health or safety,
the
Board of Trustees shall authorize, in | ||
writing, officials or employees of the
sanitary
district to | ||
purchase in the open market and without advertisement any | ||
supplies,
materials,
equipment, or services for immediate | ||
delivery to meet the bona fide operating
emergency, without | ||
filing a requisition or estimate therefor, in an amount not
in | ||
excess of
$100,000; provided that the Board of Trustees must be | ||
notified of the operating
emergency. A full, written account of | ||
each operating emergency and a
requisition for the
materials, | ||
supplies, equipment, and services required to meet the | ||
operating
emergency
must be immediately submitted by the | ||
officials or employees authorized to make
purchases to the
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Board of
Trustees. The account must be available for public | ||
inspection for a period of
at least one
year after the date of | ||
the operating emergency purchase. The exercise of
authority | ||
with
respect to purchases for a bona fide operating emergency |
is not dependent on a
declaration of an operating emergency by | ||
the Board of Trustees.
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The competitive bidding requirements of this Section do not | ||
apply to contracts, including contracts for both materials and | ||
services incidental thereto, for the repair or replacement of a | ||
sanitary district's treatment plant, sewers, equipment, or | ||
facilities damaged or destroyed as the result of a sudden or | ||
unexpected occurrence, including, but not limited to, a flood, | ||
fire, tornado, earthquake, storm, or other natural or man-made | ||
disaster, if the board of trustees determines in writing that | ||
the awarding of those contracts without competitive bidding is | ||
reasonably necessary for the sanitary district to maintain | ||
compliance with a permit issued under the National Pollution | ||
Discharge Elimination System (NPDES) or any successor system or | ||
with any outstanding order relating to that compliance issued | ||
by the United States Environmental Protection Agency, the | ||
Illinois Environmental Protection Agency, or the Illinois | ||
Pollution Control Board. The authority to issue contracts | ||
without competitive bidding
pursuant to this paragraph expires | ||
6 months after the date of the
writing determining that the | ||
awarding of contracts without competitive bidding is | ||
reasonably necessary. | ||
No Trustee shall be interested, directly or indirectly, in | ||
any contract,
work or business of the municipality, or in the | ||
sale of any article, whenever
the expense, price or | ||
consideration of the contract work, business or sale is
paid |
either from the treasury or by any assessment levied by any | ||
Statute or
Ordinance. No Trustee shall be interested, directly | ||
or indirectly, in the
purchase of any property which (1) | ||
belongs to the municipality, or (2) is sold
for taxes or | ||
assessments of the municipality, or (3) is sold by virtue of | ||
legal
process in the suit of the municipality.
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A contract for any work or other public improvement, to be | ||
paid for in
whole or in part by special assessment or special | ||
taxation, shall be entered
into and the
performance thereof | ||
controlled by the provisions of Division 2 of
Article 9 of the | ||
"Illinois Municipal Code", approved May 29, 1961, as
heretofore | ||
or hereafter amended, as near as may be. However, contracts
may | ||
be let for making proper and suitable connections between the | ||
mains
and outlets of the respective sanitary sewers in the | ||
district with any
conduit, conduits, main pipe or pipes that | ||
may be constructed by such
sanitary district.
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(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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