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91_HB0845enr HB0845 Enrolled LRB9102983PTpk 1 AN ACT in relation to sanitary districts, amending named 2 Acts. 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 5, 14, 32a.4, and 32a.4a as follows: 7 (70 ILCS 2805/5) (from Ch. 42, par. 416) 8 Sec. 5. All ordinances imposing any penalty or making any 9 appropriations shall, within one month after they are passed, 10 be published at least once in a daily or weekly newspaper 11 published in the district or, if there is no newspaper 12 published in the district, in a newspaper published in the 13 county and having general circulation in such district., or14 If no such newspaper is published in the district or county 15therein, by posting copies of the same in 3threepublic 16 places in the district; and no such ordinance shall take 17 effect until 10tendays after it is so published. All other 18 ordinances, orders and resolutions, shall take effect from 19 and after their passage unless otherwise provided therein. 20 (Source: Laws 1935-36, Fourth Sp. Sess., p. 16.) 21 (70 ILCS 2805/14) (from Ch. 42, par. 425) 22 Sec. 14. Except as otherwise provided in this Section, 23 all contracts for purchases or sales by the sanitary 24 district, the expense of which will exceed $10,000, shall be 25 let to the lowest responsible bidder therefor upon not less 26 than 14 days' public notice of the terms and conditions upon 27 which the contract is to be let, having been given by 28 publication in a daily or weekly newspaper published in the 29 district or, if there is no newspaper published in the 30 district, in a newspaper published in the county and having HB0845 Enrolled -2- LRB9102983PTpk 1 general circulation in the district, and the board may reject 2 any and all bids, and readvertise. Contracts for services in 3 excess of $10,000 may, subject to the provisions of this 4 Section be let by competitive bidding at the discretion of 5 the district board of trustees. All contracts for purchases 6 or sales of $10,000 or less may be made in the open market 7 without publication in a newspaper as above provided, but 8 whenever practical shall be based on at least 3 competitive 9 bids. 10 Contracts which by their nature are not adapted to award 11 by competitive bidding, including, without limitation, 12 contracts for the services of individuals, groups or firms 13 possessing a high degree of professional skill where the 14 ability or fitness of the individual or organization plays an 15 important part, contracts for financial management services 16 undertaken pursuant to the Public Funds Investment Act"An17Act relating to certain investments of public funds by public18agencies", approved July 23, 1943, as now or hereafter19amended, contracts for the purchase or sale of utilities, 20 contracts for materials economically procurable only from a 21 single source of supply and leases of real property where the 22 sanitary district is the lessee shall not be subject to the 23 competitive bidding requirements of this Section. 24 Where the board of trustees declares, by a 2/3 vote of 25 all members of the board, that there exists an emergency 26 affecting the public health or safety, contracts totaling not 27 more than $40,000 may be let to the extent necessary to 28 resolve such emergency without public advertisement or 29 competitive bidding. The ordinance or resolution embodying 30 the emergency declaration shall contain the date upon which 31 such emergency will terminate. The board of trustees may 32 extend the termination date if in its judgment the 33 circumstances so require. A full written account of the 34 emergency, together with a requisition for the materials, HB0845 Enrolled -3- LRB9102983PTpk 1 supplies, labor or equipment required therefor shall be 2 submitted immediately upon completion and shall be open to 3 public inspection for a period of at least one year 4 subsequent to the date of such emergency purchase. 5 (Source: P.A. 85-1136.) 6 (70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4) 7 Sec. 32a.4. Any sanitary district may annex any territory 8 which is not within the corporate limits of the sanitary 9 district but which is contiguous to it and is served by the 10 sanitary district or by a municipality with sanitary sewers 11 that are connected and served by the sanitary district or by 12 any other sewer system that is connected to and served by the 13 sanitary district by the passage of an ordinance to that 14 effect by the board of trustees, describing the territory to 15 be annexed. A copy of the ordinance with an accurate map of 16 the annexed territory, certified as correct by the clerk of 17 the district shall be filed with the county clerk of the 18 county in which the annexed territory is located. For 19 purposes of this Act, a property is served by a sanitary 20 district if a sewer that is part of the sanitary district's 21 sewer system, part of the sewer system of a municipality that 22 is connected to the sanitary district, or part of any other 23 sewer system that connects to and is served by the sanitary 24 district has been extended to, across, or along the property, 25 whether or not the buildings on the property are physically 26 connected to the sewer. 27 (Source: Laws 1967, p. 944.) 28 (70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a) 29 Sec. 32a.4a. The corporate authorities of any sanitary 30 district may enter into an agreement with one or more of the 31 owners of record of land in any territory which may be 32 annexed to such sanitary district as provided in this Act. HB0845 Enrolled -4- LRB9102983PTpk 1 Such agreement may provide for the annexation of such 2 territory to the sanitary district, subject to the provisions 3 of this Act, and any other matter not inconsistent with the 4 provisions of this Act, nor forbidden by law. Such agreement 5 shall be valid and binding for a period not to exceed 20106 years from the date of execution thereof. 7 Any action taken by the corporate authorities during the 8 period such agreement is in effect, which, if it applied to 9 the land which is the subject of the agreement, would be a 10 breach of such agreement, shall not apply to such land 11 without an amendment of such agreement. 12 Any such agreement executed after the effective date of 13 this Amendatory Act of 1983 and all amendments of annexation 14 agreements, shall be entered into in the following manner. 15 The corporate authorities shall fix a time for and hold a 16 public hearing upon the proposed annexation agreement or 17 amendment, and shall give notice of the proposed agreement or 18 amendment not more than 30 nor less than 15 days before the 19 date fixed for the hearing. This notice shall be published 20 at least once in one or more newspapers published within the 21 sanitary district or, if there is no newspaper published in 22 the district, in a newspaper published in the county and 23 having general circulation in the district. After such 24 hearing the agreement or amendment may be modified before 25 execution thereof. The annexation agreement or amendment 26 shall be executed by the president of the board of trustees 27 only after such hearing and upon the adoption of a resolution 28 directing such execution, which resolution must be passed by 29 a vote of two-thirds of the corporate authorities then 30 holding office. 31 Any annexation agreement executed pursuant to this 32 Section shall be binding upon the successor owners of record 33 of the land which is the subject of the agreement and upon 34 successor corporate authorities of the sanitary district and HB0845 Enrolled -5- LRB9102983PTpk 1 successor sanitary districts. Any party to such agreement 2 may by civil action, mandamus or other proceeding, enforce 3 and compel performance of the agreement. 4 Any annexation agreement executed prior to the effective 5 date of this amendatory Act of the 91st General Assembly19836which was executed pursuant to a two-thirds vote of the 7 corporate authorities and which contains provisions not 8 inconsistent with this Section is hereby declared valid and 9 enforceable as to such provisions for the effective period of 10 such agreement, or for 2010years from the date of execution 11 thereof, whichever is shorter. 12 The effective term of any Annexation Agreement executed 13 prior to the effective date of this amendatory Act of the 14 91st General Assembly1983may be extended at any time prior 15 to the original expiration date to a date which is not later 16 than 20tenyears from the date of execution of the original 17 Annexation Agreement. 18 (Source: P.A. 83-745.) 19 Section 10. The Sanitary District Act of 1917 is amended 20 by changing Section 3 as follows: 21 (70 ILCS 2405/3) (from Ch. 42, par. 301) 22 Sec. 3. A board of trustees shall be created, consisting 23 of 5 members in any sanitary district which includes one or 24 more municipalities with a population of over 90,000 but less 25 than 500,000 according to the most recent Federal census, and 26 consisting of 3 members in any other district. However, for 27 the Fox River Water Reclamation District the board of 28 trustees shall consist of 5 members. Each board of trustees 29 shall be created for the government, control and management 30 of the affairs and business of each sanitary district 31 organized under this act shall be created in the following 32 manner: HB0845 Enrolled -6- LRB9102983PTpk 1 (1) If the district is located wholly within a single 2 county, the presiding officer of the county board, with the 3 advice and consent of the county board, shall appoint the 4 trustees for the district; 5 (2) If the district is located in more than one county, 6 the members of the General Assembly whose legislative 7 districts encompass any portion of the district shall appoint 8 the trustees for the district. 9 In any sanitary district which shall have a 3 member 10 board of trustees, within 60 days after the adoption of such 11 act, the appropriate appointing authority shall appoint three 12 trustees not more than 2 of whom shall be from one 13 incorporated city, town or village in districts in which are 14 included 2 or more incorporated cities, towns or villages, or 15 parts of 2 or more incorporated cities, towns or villages, 16 who shall hold their office respectively for 1, 2 and 3 17 years, from the first Monday of May next after their 18 appointment and until their successors are appointed and have 19 qualified, and thereafter on or before the second Monday in 20 April of each year the appropriate appointing authority shall 21 appoint one trustee whose term shall be for 3 years 22 commencing the first Monday in May of the year in which he is 23 appointed. The length of the term of the first trustees 24 shall be determined by lot at their first meeting. 25 In the case of any sanitary district created after 26 January 1, 1978 in which a 5 member board of trustees is 27 required, the appropriate appointing authority shall appoint 28 5 trustees, one of whom shall hold office for one year, two 29 of whom shall hold office for 2 years, and 2 of whom shall 30 hold office for 3 years from the first Monday of May next 31 after their respective appointments and until their 32 successors are appointed and have qualified. Thereafter, on 33 or before the second Monday in April of each year the 34 appropriate appointing authority shall appoint one trustee or HB0845 Enrolled -7- LRB9102983PTpk 1 2 trustees, as shall be necessary to maintain a 5 member 2 board of trustees, whose terms shall be for 3 years 3 commencing the first Monday in May of the year in which they 4 are respectively appointed. The length of the terms of the 5 first trustees shall be determined by lot at their first 6 meeting. 7 In any sanitary district created prior to January 1, 1978 8 in which a 5 member board of trustees is required as of 9 January 1, 1978, the two trustees already serving terms which 10 do not expire on May 1, 1978 shall continue to hold office 11 for the remainders of their respective terms, and 3 trustees 12 shall be appointed by the appropriate appointing authority by 13 April 10, 1978 and shall hold office for terms beginning May 14 1, 1978. Of the three new trustees, one shall hold office 15 for 2 years and 2 shall hold office for 3 years from May 1, 16 1978 and until their successors are appointed and have 17 qualified. Thereafter, on or before the second Monday in 18 April of each year the appropriate appointing authority shall 19 appoint one trustee or 2 trustees, as shall be necessary to 20 maintain a 5 member board of trustees, whose terms shall be 21 for 3 years commencing the first Monday in May of the year in 22 which they are respectively appointed. The lengths of the 23 terms of the trustees who are to hold office beginning May 1, 24 1978 shall be determined by lot at their first meeting after 25 May 1, 1978. 26 No more than 3 members of a 5 member board of trustees 27 may be of the same political party; except that in any 28 sanitary district which otherwise meets the requirements of 29 this Section and which lies within 4 counties of the State of 30 Illinois,or in the Fox River Water Reclamation District; the 31 appointments of the 5 members of the board of trustees shall 32 be made without regard to political party. 33 Within 60 days after the release of Federal census 34 statistics showing that a sanitary district having a 3 member HB0845 Enrolled -8- LRB9102983PTpk 1 board of trustees contains one or more municipalities with a 2 population over 90,000 but less than 500,000, the appropriate 3 appointing authority shall appoint 2 additional trustees to 4 the board of trustees, one to hold office for 2 years and one 5 to hold office for 3 years from the first Monday of May next 6 after their appointment and until their successors are 7 appointed and have qualified. The lengths of the terms of 8 these two additional members shall be determined by lot at 9 the first meeting of the board of trustees held after the 10 additional members take office. The three trustees already 11 holding office in the sanitary district shall continue to 12 hold office for the remainders of their respective terms. 13 Thereafter, on or before the second Monday in April of each 14 year the appropriate appointing authority shall appoint one 15 trustee or 2 trustees, as shall be necessary to maintain a 5 16 member board of trustees, whose terms shall be for 3 years 17 commencing the first Monday in May of the year in which they 18 are respectively appointed. 19 If any sanitary district having a 5 member board of 20 trustees shall cease to contain one or more municipalities 21 with a population over 90,000 but less than 500,000 according 22 to the most recent Federal census, then, for so long as that 23 sanitary district does not contain one or more such 24 municipalities, on or before the second Monday in April of 25 each year the appropriate appointing authority shall appoint 26 one trustee whose term shall be for 3 years commencing the 27 first Monday in May of the year in which he is appointed. In 28 districts which include 2 or more incorporated cities, towns, 29 or villages, or parts of 2 or more incorporated cities, 30 towns, or villages, all of the trustees shall not be from one 31 incorporated city, town or village. 32 If a vacancy occurs on any board of trustees, the 33 appropriate appointing authority shall within 60 days appoint 34 a trustee who shall hold office for the remainder of the HB0845 Enrolled -9- LRB9102983PTpk 1 vacated term. 2 The appointing authority shall require each of the 3 trustees to enter into bond, with security to be approved by 4 the appointing authority, in such sum as the appointing 5 authority may determine. 6 A majority of the board of trustees shall constitute a 7 quorum but a smaller number may adjourn from day to day. No 8 trustee or employee of such district shall be directly or 9 indirectly interested in any contract, work or business of 10 the district, or the sale of any article, the expense, price 11 or consideration of which is paid by such district; nor in 12 the purchase of any real estate or property belonging to the 13 district, or which shall be sold for taxes or assessments, or 14 by virtue of legal process at the suit of the district. 15 Provided, that nothing herein shall be construed as 16 prohibiting the appointment or selection of any person as 17 trustee or employee whose only interest in the district is as 18 owner of real estate in the district or of contributing to 19 the payment of taxes levied by the district. The trustees 20 shall have the power to provide and adopt a corporate seal 21 for the district. 22 Notwithstanding any other provision in this Section, in 23 any sanitary district created prior to the effective date of 24 this amendatory Act of 1985, in which a five member board of 25 trustees has been appointed and which currently includes one 26 or more municipalities with a population of over 90,000 but 27 less than 500,000, the board of trustees shall consist of 28 five members. 29 (Source: P.A. 89-502, eff. 6-28-96.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.