|
|
||||
| Public Act 096-0049 |
||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The North Shore Sanitary District Act is amended | ||||
by changing Sections 11, 12, and 29 as follows:
| ||||
(70 ILCS 2305/11) (from Ch. 42, par. 287)
| ||||
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
| ||||
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
| ||||
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.
| ||
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.
| ||
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
| ||
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
| ||
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.
| ||
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 | ||
elected, 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.
For purposes of this Section, the | ||
"emergency contract cap" is a dollar
amount equal to 0.4% of | ||
the total general fixed assets of
the
district as reported in | ||
the most recent required audit report.
In no event,
however, | ||
shall the emergency contract cap dollar amount be less than | ||
$40,000,
nor more than $250,000.
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
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.
Within 30 days after | ||
the passage of the resolution or ordinance declaring an
| ||
emergency
affecting the public health or safety, the | ||
municipality shall submit to the
Illinois
Environmental | ||
Protection Agency the full written account of any such | ||
emergency
along
with a copy of the resolution or ordinance | ||
declaring the emergency, in
accordance with
requirements as may | ||
be provided by rule.
| ||
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
| ||
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.
| ||
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.
| ||
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.
| ||
(Source: P.A. 95-607, eff. 9-11-07.)
| ||
(70 ILCS 2305/12) (from Ch. 42, par. 288)
| ||
Sec. 12.
The board of trustees may levy and collect other | ||
taxes for
corporate
purposes upon property within the | ||
territorial limits of the sanitary
district, the aggregate | ||
amount of which for each year may not exceed
.083% of value, as | ||
equalized or assessed by the Department of Revenue, except
that | ||
if a higher rate has been established by
referendum before | ||
August 2, 1965, it shall continue. If the board
desires to levy | ||
such taxes at a rate in excess of .083% but not in
excess of | ||
.35% of the value of all taxable property within the district
| ||
as equalized or assessed by the Department of Revenue,
they | ||
shall order the question to be submitted at an election to be | ||
held
within the district. The certification and submission of | ||
the question and
the election shall be governed by the general | ||
election law. Upon the filing
of a petition signed by 10% of | ||
the registered voters
of the district, the right to levy an | ||
additional tax, or any portion
thereof, authorized by the legal | ||
voters, may at any time after one or
more tax levies | ||
thereunder, be terminated by a majority vote of the
electors of | ||
the district at a referendum. The trustees of the district | ||
shall
certify
the proposition to the proper election officials, | ||
who shall submit
the proposition at an election in accordance | ||
with the general election law.
| ||
In addition to the other taxes authorized by this Section, | ||
the board
of trustees may levy and collect, without referendum, | ||
a tax for the
purpose of paying the cost of operation of the | ||
chlorination of sewage,
or other means of disinfection or | ||
additional treatment as may be
required by water quality | ||
standards approved or adopted by the Pollution
Control Board or | ||
by the court, which tax is not subject to the rate
limitations | ||
imposed by this Section but may be extended at a rate not to
| ||
exceed .03% of the value of all taxable property within the | ||
district as
equalized or assessed by the Department of Revenue.
| ||
Such tax may be extended at a rate in excess of .03% but | ||
not to
exceed .05%, providing the question of levying such | ||
increase has first
been submitted to the voters of such | ||
district at any regular
election held in such district in | ||
accordance with the general election law
and has been approved | ||
by a majority of
such voters voting thereon.
| ||
The board shall cause the amount required to be raised by | ||
taxation in
each year to be certified to the county clerk by | ||
the second Tuesday in
September, as provided in Section 8-15 of | ||
the Property Tax Code 157 of the General Revenue Law of
| ||
Illinois. All taxes so levied and certified shall be collected | ||
and
enforced in the same manner and by the same officers as | ||
State and county
taxes, and shall be paid over by the officers | ||
collecting the same to the
treasurer of the sanitary district | ||
in the manner and at the time
provided by the General Revenue | ||
Law of Illinois.
| ||
The treasurer shall, when the moneys of the district are | ||
deposited
with any bank or savings and loan association,
| ||
require that bank or savings and loan association
to pay the | ||
same rates of interest for the moneys deposited as the bank
or | ||
savings and loan association is accustomed to
pay to depositors | ||
under like
circumstances, in the usual course of its business. | ||
All interest so paid
shall be placed in the general funds of | ||
the district, to be used as
other moneys belonging to the | ||
district raised by general taxation or
sale of water.
| ||
No bank or savings and loan association shall receive | ||
public funds as
permitted by this Section, unless it has | ||
complied with the requirements
established pursuant to Section | ||
6 of "An Act relating to certain investments
of public funds by | ||
public agencies", approved July 23, 1943, as now or hereafter
| ||
amended.
| ||
In addition to the foregoing, the Board of Trustees shall | ||
have all of
the powers set forth in Division 7 of Article 8 of | ||
the Illinois Municipal
Code until September 10, 1986.
| ||
(Source: P.A. 90-655, eff. 7-30-98.)
| ||
(70 ILCS 2305/29) (from Ch. 42, par. 296.9)
| ||
Sec. 29.
The board of trustees of any sanitary district may | ||
arrange to
provide for the benefit of employees and trustees of | ||
the sanitary district
group life, health, accident, hospital | ||
and medical insurance, or any one or
any combination of those | ||
types of insurance. The board of trustees may also establish a | ||
self-insurance program to provide such group life, health, | ||
accident, hospital and medical coverage, or any one or any | ||
combination of such coverage. The board of trustees may enact | ||
an ordinance prescribing the method of operation of such an | ||
insurance program. Such insurance may include
provision for | ||
employees and trustees who rely on treatment by prayer or
| ||
spiritual means alone for healing in accordance with the tenets | ||
and
practice of a well recognized religious denomination. The | ||
board of trustees
may provide for payment by the sanitary | ||
district of the premium or charge
for such insurance or the | ||
cost of a self-insurance program.
| ||
The If the board of trustees does not provide for a plan | ||
pursuant to which
the sanitary district pays the premium or | ||
charge for any group insurance
plan, the board of trustees may | ||
provide for the withholding and deducting
from the compensation | ||
of such of the employees and trustees as consent
thereto the | ||
premium or charge for any group life, health, accident,
| ||
hospital and medical insurance.
| ||
The board of trustees may only obtain insurance exercise | ||
the powers granted in this Section
only if the kinds of group | ||
insurance are obtained from an insurance company
or companies | ||
authorized to do business in the State of Illinois
or such from | ||
any other organization or service provider authorized to do | ||
business in the State of Illinois offering similar coverage. | ||
The
board of trustees may enact an ordinance prescribing the | ||
method of
operation of such an insurance program.
| ||
(Source: P.A. 90-655, eff. 7-30-98.)
| ||