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91_HB0845
LRB9102983PTpk
1 AN ACT to amend the Sanitary District Act of 1936 by
2 changing Sections 4.1, 5, 7, 14, 32a.4, and 32a.4a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sanitary District Act of 1936 is amended
6 by changing Sections 4.1, 5, 7, 14, 32a.4, and 32a.4a as
7 follows:
8 (70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
9 Sec. 4.1. The board of trustees of any sanitary district
10 may arrange to provide for the benefit of employees,
11 appointed officers, and trustees of the sanitary district
12 group life, health, accident, hospital and medical insurance,
13 or any one or any combination of such types of insurance.
14 Such insurance may include provision for employees, appointed
15 officers, and trustees who rely on treatment by prayer or
16 spiritual means alone for healing in accordance with the
17 tenets and practice of a well recognized religious
18 denomination. The board of trustees may provide for payment
19 by the sanitary district of the premium or charge for such
20 insurance.
21 If the board of trustees do not provide for a plan
22 pursuant to which the sanitary district pays the premium or
23 charge for any group insurance plan, the board of trustees
24 may provide for the withholding and deducting from the
25 compensation of such of the employees, appointed officers,
26 and trustees as consent thereto the premium or charge for any
27 group life, health, accident, hospital and medical insurance.
28 The board of trustees may exercise the powers granted in
29 this Section only if the kinds of such group insurance are
30 obtained from any insurance company authorized to do business
31 in the State of Illinois or any other organization or service
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1 offering similar coverage. The board of trustees may enact
2 an ordinance prescribing the method of operations of such
3 insurance program.
4 (Source: P.A. 90-655, eff. 7-30-98.)
5 (70 ILCS 2805/5) (from Ch. 42, par. 416)
6 Sec. 5. All ordinances imposing any penalty or making any
7 appropriations shall, within one month after they are passed,
8 be published at least once in a daily or weekly newspaper
9 published or in general circulation in such district, or if
10 no such newspaper is published or circulated therein, by
11 posting copies of the same in 3 three public places in the
12 district; and no such ordinance shall take effect until 10
13 ten days after it is so published. All other ordinances,
14 orders and resolutions, shall take effect from and after
15 their passage unless otherwise provided therein.
16 (Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
17 (70 ILCS 2805/7) (from Ch. 42, par. 418)
18 Sec. 7. The board of trustees of any sanitary district
19 organized under this Act shall have power to provide for the
20 collection and disposal of the sewage thereof and the
21 drainage of such district and to save and preserve the water
22 supplied to the inhabitants of such district from
23 contamination. For that purpose they may construct and
24 maintain an enclosed conduit or conduits, main pipe or pipes,
25 wholly or partially submerged, buried or otherwise, and by
26 means of pumps or otherwise, cause such sewage to flow or to
27 be forced through such conduit or conduits, pipe or pipes to
28 and into any ditch or canal constructed and operated by any
29 other sanitary district, city, village, county, public
30 utility or incorporated town, after having first acquired the
31 right so to do. Such board of trustees may co-operate with
32 and enter into contracts with any other sanitary district,
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1 city, village, county, public utility or incorporated town
2 for the collection and disposal in whole or in part of the
3 sewage and drainage (or either thereof) of such sanitary
4 district organized under this Act and may enter into any and
5 all joint enterprises and arrangements with such other
6 sanitary district, city, village, county, public utility or
7 incorporated town for the joint collection and disposal of
8 the sewage and drainage of such contracting parties. A city,
9 village, or incorporated town located partly or wholly
10 outside of the corporate limits of the sanitary district may
11 not supply sanitary sewer services within the sanitary
12 district without the written agreement of the sanitary
13 district. Such board of trustees may provide for the
14 collection and disposal of sewage and the drainage of such
15 district by laying out, establishing, constructing and
16 maintaining one or more channels, drains, ditches and
17 outlets, for carrying off and disposing of the sewage and
18 drainage of such district together with such adjuncts and
19 additions thereto as may be necessary or proper to cause such
20 channels or outlets to accomplish the end for which they are
21 designed, in a satisfactory manner, including pumps and
22 pumping stations and the operation of the same. Such board of
23 trustees may also treat and purify such sewage so that when
24 the same shall flow into any lake, river or other water
25 course, it will not injuriously contaminate the waters
26 thereof, and may adopt any other feasible method to
27 accomplish the object for which such sanitary district may be
28 created, and may also provide means whereby the said sanitary
29 district may reach and procure supplies of water for diluting
30 and flushing purposes. Nothing in this Act shall require a
31 sanitary district to extend services to any individual
32 residence or other building within the district, and it is
33 the intent of the Illinois General Assembly that any
34 construction contemplated by this Section shall be restricted
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1 to construction of works and main or interceptor sewers,
2 conduits, channels and similar facilities, but not individual
3 service lines. Nothing in this Act contained shall authorize
4 said trustees to flow the sewage of such district into Lake
5 Michigan.
6 (Source: P.A. 85-480; 85-782.)
7 (70 ILCS 2805/14) (from Ch. 42, par. 425)
8 Sec. 14. Except as otherwise provided in this Section,
9 all contracts for purchases or sales by the sanitary
10 district, the expense of which will exceed $10,000, shall be
11 let to the lowest responsible bidder therefor upon not less
12 than 14 days' public notice of the terms and conditions upon
13 which the contract is to be let, having been given by
14 publication in a daily or weekly newspaper published or in
15 general circulation in the district, and the board may reject
16 any and all bids, and readvertise. Contracts for services in
17 excess of $10,000 may, subject to the provisions of this
18 Section be let by competitive bidding at the discretion of
19 the district board of trustees. All contracts for purchases
20 or sales of $10,000 or less may be made in the open market
21 without publication in a newspaper as above provided, but
22 whenever practical shall be based on at least 3 competitive
23 bids.
24 Contracts which by their nature are not adapted to award
25 by competitive bidding, including, without limitation,
26 contracts for the services of individuals, groups or firms
27 possessing a high degree of professional skill where the
28 ability or fitness of the individual or organization plays an
29 important part, contracts for financial management services
30 undertaken pursuant to the Public Funds Investment Act "An
31 Act relating to certain investments of public funds by public
32 agencies", approved July 23, 1943, as now or hereafter
33 amended, contracts for the purchase or sale of utilities,
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1 contracts for materials economically procurable only from a
2 single source of supply and leases of real property where the
3 sanitary district is the lessee shall not be subject to the
4 competitive bidding requirements of this Section.
5 Where the board of trustees declares, by a 2/3 vote of
6 all members of the board, that there exists an emergency
7 affecting the public health or safety, contracts totaling not
8 more than $40,000 may be let to the extent necessary to
9 resolve such emergency without public advertisement or
10 competitive bidding. The ordinance or resolution embodying
11 the emergency declaration shall contain the date upon which
12 such emergency will terminate. The board of trustees may
13 extend the termination date if in its judgment the
14 circumstances so require. A full written account of the
15 emergency, together with a requisition for the materials,
16 supplies, labor or equipment required therefor shall be
17 submitted immediately upon completion and shall be open to
18 public inspection for a period of at least one year
19 subsequent to the date of such emergency purchase.
20 (Source: P.A. 85-1136.)
21 (70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4)
22 Sec. 32a.4. Any sanitary district may annex any territory
23 which is not within the corporate limits of the sanitary
24 district but which is contiguous to it and is served by the
25 sanitary district or by a municipality with sanitary sewers
26 that are connected and served by the sanitary district or by
27 any other sewer system that is connected to and served by the
28 sanitary district by the passage of an ordinance to that
29 effect by the board of trustees, describing the territory to
30 be annexed. A copy of the ordinance with an accurate map of
31 the annexed territory, certified as correct by the clerk of
32 the district shall be filed with the county clerk of the
33 county in which the annexed territory is located. For
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1 purposes of this Act, a property is served by a sanitary
2 district if a sewer that is part of the sanitary district's
3 sewer system, part of the sewer system of a municipality that
4 is connected to the sanitary district, or part of any other
5 sewer system that connects to and is served by the sanitary
6 district has been extended to, across, or along the property,
7 whether or not the buildings on the property are physically
8 connected to the sewer.
9 (Source: Laws 1967, p. 944.)
10 (70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a)
11 Sec. 32a.4a. The corporate authorities of any sanitary
12 district may enter into an agreement with one or more of the
13 owners of record of land in any territory which may be
14 annexed to such sanitary district as provided in this Act.
15 Such agreement may provide for the annexation of such
16 territory to the sanitary district, subject to the provisions
17 of this Act, and any other matter not inconsistent with the
18 provisions of this Act, nor forbidden by law. Such agreement
19 shall be valid and binding for a period not to exceed 20 10
20 years from the date of execution thereof.
21 Any action taken by the corporate authorities during the
22 period such agreement is in effect, which, if it applied to
23 the land which is the subject of the agreement, would be a
24 breach of such agreement, shall not apply to such land
25 without an amendment of such agreement.
26 Any such agreement executed after the effective date of
27 this Amendatory Act of 1983 and all amendments of annexation
28 agreements, shall be entered into in the following manner.
29 The corporate authorities shall fix a time for and hold a
30 public hearing upon the proposed annexation agreement or
31 amendment, and shall give notice of the proposed agreement or
32 amendment not more than 30 nor less than 15 days before the
33 date fixed for the hearing. This notice shall be published
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1 at least once in one or more newspapers published or
2 generally circulated within the sanitary district. After
3 such hearing the agreement or amendment may be modified
4 before execution thereof. The annexation agreement or
5 amendment shall be executed by the president of the board of
6 trustees only after such hearing and upon the adoption of a
7 resolution directing such execution, which resolution must be
8 passed by a vote of two-thirds of the corporate authorities
9 then holding office.
10 Any annexation agreement executed pursuant to this
11 Section shall be binding upon the successor owners of record
12 of the land which is the subject of the agreement and upon
13 successor corporate authorities of the sanitary district and
14 successor sanitary districts. Any party to such agreement
15 may by civil action, mandamus or other proceeding, enforce
16 and compel performance of the agreement.
17 Any annexation agreement executed prior to the effective
18 date of this amendatory Act of the 91st General Assembly 1983
19 10 years from the date of execution
24 thereof, whichever is shorter.
25 The effective term of any Annexation Agreement executed
26 prior to the effective date of this amendatory Act of the
27 91st General Assembly 1983 may be extended at any time prior
28 to the original expiration date to a date which is not later
29 than 20 ten years from the date of execution of the original
30 Annexation Agreement.
31 (Source: P.A. 83-745.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.