Sen. Terry Link

Filed: 3/12/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 684

2     AMENDMENT NO. ______. Amend Senate Bill 684 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The North Shore Sanitary District Act is
5 amended by changing Sections 3, 4, 5, 8.1, and 11 as follows:
 
6     (70 ILCS 2305/3)  (from Ch. 42, par. 279)
7     Sec. 3. The corporate authority of the North Shore Sanitary
8 District shall consist of 5 trustees.
9     Within 20 days after the adoption of the Act, as provided
10 in Section 1, the county governing body shall proceed to divide
11 the sanitary district into 5 wards for the purpose of electing
12 trustees. One trustee shall be elected for each ward on the
13 date of the next regular county election. In each sanitary
14 district organized pursuant to the provisions of this Act prior
15 to the effective date of this amendatory Act of 1975, one
16 trustee shall be elected for each ward on the date of the

 

 

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1 regular county election in the year 1976. However, the
2 population in no one ward shall be less than 1/6 of the
3 population of the whole district and the territory in each of
4 the wards shall be composed of contiguous territory in as
5 compact form as practicable. A portion of each ward shall abut
6 the west shore of Lake Michigan and the boundaries of the
7 respective wards shall coincide with precinct boundaries and
8 the boundaries of existing municipalities as nearly as
9 practicable. In the year 1981, and every 10 years thereafter,
10 the sanitary district board of trustees shall reapportion the
11 district, so that the respective wards shall conform as nearly
12 as practicable with the above requirements as to population,
13 shape and territory.
14     The trustees shall hold office respectively for 4 years
15 from the first Monday of May after their election and until
16 their successors are appointed and qualified, except that the
17 term of office of 2 of the trustees first elected shall be for
18 2 years. Which of the trustees first elected shall serve a term
19 of 2 years shall be determined by lot at their first meeting.
20 Notwithstanding the foregoing provisions, all trustees elected
21 in 1994 or thereafter shall assume office on the first Monday
22 in December following the general election instead of the first
23 Monday in May of the following year.
24     In the year 1982, and every 10 years thereafter, following
25 each decennial Federal census, all 5 trustees shall be elected.
26 Immediately following each decennial redistricting, the

 

 

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1 sanitary district board of trustees shall divide the wards into
2 2 groups, one of which shall consist of 3 wards and the other
3 shall consist of 2 wards. Trustees from one group shall serve
4 terms of 4 years, 4 years and 2 years; and trustees from the
5 other group shall serve terms of 2 years, 4 years and 4 years.
6     Each of the trustees, upon entering the duties of their
7 respective offices, shall execute a bond with security, in the
8 amount and form to be approved by the corporate authorities,
9 payable to the district, in the penal sum of not less than
10 $10,000.00, as directed by resolution or ordinance,
11 conditioned upon the faithful performance of the duties of the
12 office. Each bond shall be filed with and preserved by the
13 board secretary. shall enter into bond, in a sum determined by
14 the circuit court, with security to be approved by the circuit
15 court.
16     When a vacancy exists in the office of trustees of any
17 sanitary district organized under the provisions of this Act,
18 the vacancy shall be filled by appointment by the president of
19 the sanitary district board of trustees, with the advice and
20 consent of the sanitary district board of trustees, until the
21 next regular election at which trustees of the sanitary
22 district are elected, and shall be made a matter of record in
23 the office of the county clerk in the county in which the
24 district is located.
25     A majority of the board of trustees shall constitute a
26 quorum, but a smaller number may adjourn from day to day. No

 

 

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1 trustee or employee of the district shall be directly or
2 indirectly interested in any contract, work or business of the
3 district, or the sale of any article, the expense, price or
4 consideration of which is paid by the district; nor in the
5 purchase of any real estate or other property belonging to the
6 district, or which shall be sold for taxes or assessments, or
7 by virtue of legal process at the suit of the district. The
8 trustees have the power to provide and adopt a corporate seal
9 for the district.
10 (Source: P.A. 87-937.)
 
11     (70 ILCS 2305/4)  (from Ch. 42, par. 280)
12     Sec. 4. Board of trustees; powers; compensation. The
13 trustees shall constitute a board of trustees for the district.
14 The board of trustees is the corporate authority of the
15 district, and shall exercise all the powers and manage and
16 control all the affairs and property of the district. The board
17 shall elect a president and vice-president from among their own
18 number. In case of the death, resignation, absence from the
19 state, or other disability of the president, the powers, duties
20 and emoluments of the office of the president shall devolve
21 upon the vice-president, until the disability is removed or
22 until a successor to the president is appointed and chosen in
23 the manner provided in this Act. The board may select a
24 secretary, treasurer, chief engineer, superintendent and
25 attorney, and may provide by ordinance for the employment of

 

 

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1 such clerks and other employees as the board may deem necessary
2 for the municipality. The board may appoint such other officers
3 and hire such employees to manage and control the operations of
4 the district as it deems necessary; provided, however, that the
5 board shall not employ an individual as a wastewater operator
6 whose Certificate of Technical Competency is suspended or
7 revoked under rules adopted by the Pollution Control Board
8 under item (4) of subsection (a) of Section 13 of the
9 Environmental Protection Act. All employees selected by the
10 board shall hold their respective offices during the pleasure
11 of the board, and give such bond as may be required by the
12 board. The board may prescribe the duties and fix the
13 compensation of all the officers and employees of the sanitary
14 district. However, the president of the board of trustees shall
15 not receive more than $10,000 per year and the other members of
16 the board shall not receive more than $7,000 per year. However,
17 beginning with the commencement of the new term of each board
18 member in 1993, the president shall not receive more than
19 $11,000 per year and each other member of the board shall not
20 receive more than $8,000 per year. Beginning with the
21 commencement of the first new term after the effective date of
22 this amendatory Act of the 95th General Assembly, the president
23 of the board shall not receive more than $14,000 per year, and
24 each other member of the board shall not receive more than
25 $11,000 per year. The board of trustees has full power to pass
26 all necessary ordinances, rules and regulations for the proper

 

 

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1 management and conduct of the business of the board and of the
2 corporation, and for carrying into effect the objects for which
3 the sanitary district was formed. The ordinances may provide
4 for a fine for each offense of not less than $100 or more than
5 $1,000. Each day's continuance of a violation shall be a
6 separate offense. Fines under this Section are recoverable by
7 the sanitary district in a civil action. The sanitary district
8 is authorized to apply to the circuit court for injunctive
9 relief or mandamus when, in the opinion of the chief
10 administrative officer, the relief is necessary to protect the
11 sewerage system of the sanitary district.
12     The board of trustees shall have the authority to change
13 the name of the District, by ordinance, to the North Shore
14 Water Reclamation District. If an ordinance is passed pursuant
15 to this paragraph, all provisions of this Act shall apply to
16 the newly renamed district.
17 (Source: P.A. 89-143, eff. 7-14-95.)
 
18     (70 ILCS 2305/5)  (from Ch. 42, par. 281)
19     Sec. 5. Ordinance enactment and rulemaking procedures.
20     (a) No ordinance or rule imposing a penalty, or assessing a
21 charge under Section 7.1, shall take effect until the board of
22 trustees has complied with the requirements of this Section. As
23 used in this Section, "rule" means a rule, regulation, order,
24 or resolution.
25         (1) Not less than 30 days before the effective date of

 

 

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1     a proposed ordinance or rule, under Section 7.1, the board
2     of trustees shall publish a general notice of the proposed
3     ordinance or rule in a newspaper of general circulation in
4     the district or, if no such newspaper exists, shall post
5     copies of the notice in 3 public places in the district,
6     unless persons subject to the proposed ordinance or rule
7     are named and either personally served or otherwise have
8     actual notice in accordance with the law. The notice shall
9     include the following:
10             (A) A statement of the time, place, and nature of
11         public proceedings to consider or adopt the proposed
12         ordinance or rule.
13             (B) Reference to the legal authority under which
14         the ordinance or rule is proposed.
15             (C) Either the terms or substance of the proposed
16         ordinance or rule or a description of the subjects and
17         issues involved.
18         (2) After publication or service of the notice of the
19     proposed ordinance or rule required by this Section, the
20     board of trustees shall give interested persons a
21     meaningful opportunity to participate in the process
22     through submission of written data, views, or arguments
23     with or without the opportunity for oral presentation.
24     After consideration of the relevant matter presented, the
25     board of trustees shall incorporate in the adopted
26     ordinance or rule a concise general statement of its basis

 

 

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1     and purpose and in an accompanying explanatory notice shall
2     specifically address each comment received by the board.
3         (3) The board of trustees shall make the required
4     publication or service of notice of a final ordinance or
5     rule not less than 30 days before its effective date.
6     (b) Except as otherwise provided in this subsection, no
7 other ordinance or rule shall take effect until 10 days after
8 it is published. However, notwithstanding the provisions of
9 this Section, any ordinance or rule which contains a statement
10 of its urgency in the preamble or body thereof, may take effect
11 immediately upon its passage provided that the corporate
12 authorities, by a vote of two-thirds of all the members then
13 holding office, so direct. The decision of the corporate
14 authorities as to the urgency of any ordinance shall not be
15 subject to judicial review except for an abuse of discretion.
16 Within 30 days after the adoption by the board of trustees of
17 all other ordinances and rules, the board of trustees shall
18 publish at least once in a newspaper of general circulation in
19 the district or, if no such newspaper exists, shall post copies
20 of the notice in 3 public places in the district, and no
21 ordinance or rule shall take effect until 10 days after it is
22 published.
23     (c) All ordinances, rules, or resolutions which are
24 required to be published may (1) be printed or published in
25 book or pamphlet form, published by authority of the corporate
26 authorities, or (2) be published at least once, within 30 days

 

 

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1 after passage, in one or more newspapers published in the
2 district, or, if no newspaper is published therein, then in one
3 or more newspapers with a general circulation within the
4 district. Publication shall be satisfied by either subsection
5 (1) or (2) notwithstanding any other provision in this Act. If
6 there is an error in printing, the publishing requirement of
7 this Act shall be satisfied if those portions of the ordinance
8 or rule that were erroneously printed are republished,
9 correctly, within 30 days after the original publication that
10 contained the error. The fact that an error occurred in
11 publication shall not affect the effective date of the
12 ordinance or rule so published. If the error in printing is not
13 corrected within 30 days after the date of the original
14 publication that contained the error, as provided in the
15 preceding sentence, the corporate authorities may, by
16 ordinance, declare the ordinance or rule that was erroneously
17 published to be nevertheless valid and in effect no sooner than
18 10 days after the date of the original publication,
19 notwithstanding the error in publication, and shall order the
20 original ordinance or rule to be published once more within 30
21 days after the passage of the validating ordinance.
22     (d) (c) The board of trustees shall give an interested
23 person the right to petition for the issuance, amendment, or
24 repeal of an ordinance or a rule.
25 (Source: P.A. 88-649, eff. 9-16-94.)
 

 

 

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1     (70 ILCS 2305/8.1)  (from Ch. 42, par. 284.1)
2     Sec. 8.1. Every such sanitary district shall also have the
3 power to lease to others for any period of time, not exceeding
4 20 ten years, upon such terms as its board of trustees may
5 determine, any real estate, right-of-way, or privilege, or any
6 interest therein, or any part thereof, acquired by it which is
7 in the opinion of the board of trustees of such sanitary
8 district, no longer required for its corporate purposes or
9 which may not be immediately needed for such purposes, and such
10 leases may contain such conditions and retain such interests
11 therein as may be deemed for the best interest of such sanitary
12 district by such board of trustees; also any such sanitary
13 district shall have the right to grant easements and permits
14 for the use of any such real property, right-of-way, or
15 privilege, which will not in the opinion of the board of
16 trustees of such sanitary district, interfere with the use
17 thereof by such sanitary district for its corporate purposes,
18 and such easements and permits may contain such conditions and
19 retain such interests therein as may be deemed for the best
20 interests of such sanitary district by such board of trustees.
21 (Source: Laws 1961, p. 551.)
 
22     (70 ILCS 2305/11)  (from Ch. 42, par. 287)
23     Sec. 11. Except as otherwise provided in this Section, all
24 contracts for purchases or sales by the municipality, the
25 expense of which will exceed the mandatory competitive bid

 

 

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1 threshold, shall be let to the lowest responsible bidder
2 therefor upon not less than 14 days' public notice of the terms
3 and conditions upon which the contract is to be let, having
4 been given by publication in a newspaper of general circulation
5 published in the district, and the board may reject any and all
6 bids and readvertise. In determining the lowest responsible
7 bidder, the board shall take into consideration the qualities
8 and serviceability of the articles supplied, their conformity
9 with specifications, their suitability to the requirements of
10 the district, the availability of support services, the
11 uniqueness of the service, materials, equipment, or supplies as
12 it applies to network integrated computer systems, the
13 compatibility of the service, materials, equipment or supplies
14 with existing equipment, and the delivery terms. Contracts for
15 services in excess of the mandatory competitive bid threshold
16 may, subject to the provisions of this Section, be let by
17 competitive bidding at the discretion of the district board of
18 trustees. All contracts for purchases or sales that will not
19 exceed the mandatory competitive bid threshold may be made in
20 the open market without publication in a newspaper as above
21 provided, but whenever practical shall be based on at least 3
22 competitive bids. For purposes of this Section, the "mandatory
23 competitive bid threshold" is a dollar amount equal to 0.1% of
24 the total general fixed assets of the district as reported in
25 the most recent required audit report. In no event, however,
26 shall the mandatory competitive bid threshold dollar amount be

 

 

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1 less than $10,000, nor more than $40,000.
2     Cash, a cashier's check, a certified check, or a bid bond
3 with adequate surety approved by the board of trustees as a
4 deposit of good faith, in a reasonable amount, but not in
5 excess of 10% of the contract amount, may be required of each
6 bidder by the district on all bids involving amounts in excess
7 of the mandatory competitive bid threshold and, if so required,
8 the advertisement for bids shall so specify.
9     Contracts which by their nature are not adapted to award by
10 competitive bidding, including, without limitation, contracts
11 for the services of individuals, groups or firms possessing a
12 high degree of professional skill where the ability or fitness
13 of the individual or organization plays an important part,
14 contracts for financial management services undertaken
15 pursuant to "An Act relating to certain investments of public
16 funds by public agencies", approved July 23, 1943, as now or
17 hereafter amended, contracts for the purchase or sale of
18 utilities, contracts for materials economically procurable
19 only from a single source of supply, contracts for the use,
20 purchase, delivery, movement, or installation of data
21 processing equipment, software, or services and
22 telecommunications and interconnect equipment, software, or
23 services, contracts for duplicating machines and supplies,
24 contracts for goods or services procured from another
25 governmental agency, purchases of equipment previously owned
26 by an entity other than the district itself, and leases of real

 

 

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1 property where the sanitary district is the lessee shall not be
2 subject to the competitive bidding requirements of this
3 Section.
4     In the case of an emergency affecting the public health or
5 safety so declared by the Board of Trustees of the municipality
6 at a meeting thereof duly convened, which declaration shall
7 require the affirmative vote of four of the five Trustees
8 elected, and shall set forth the nature of the danger to the
9 public health or safety, contracts totaling not more than the
10 emergency contract cap may be let to the extent necessary to
11 resolve such emergency without public advertisement or
12 competitive bidding. For purposes of this Section, the
13 "emergency contract cap" is a dollar amount equal to 0.4% of
14 the total general fixed assets of the district as reported in
15 the most recent required audit report. In no event, however,
16 shall the emergency contract cap dollar amount be less than
17 $40,000, nor more than $250,000 $100,000. The Resolution or
18 Ordinance in which such declaration is embodied shall fix the
19 date upon which such emergency shall terminate which date may
20 be extended or abridged by the Board of Trustees as in their
21 judgment the circumstances require. A full written account of
22 any such emergency, together with a requisition for the
23 materials, supplies, labor or equipment required therefor
24 shall be submitted immediately upon completion and shall be
25 open to public inspection for a period of at least one year
26 subsequent to the date of such emergency purchase. Within 30

 

 

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1 days after the passage of the resolution or ordinance declaring
2 an emergency affecting the public health or safety, the
3 municipality shall submit to the Illinois Environmental
4 Protection Agency the full written account of any such
5 emergency along with a copy of the resolution or ordinance
6 declaring the emergency, in accordance with requirements as may
7 be provided by rule.
8     To address operating emergencies not affecting the public
9 health or safety, the Board of Trustees shall authorize, in
10 writing, officials or employees of the sanitary district to
11 purchase in the open market and without advertisement any
12 supplies, materials, equipment, or services for immediate
13 delivery to meet the bona fide operating emergency, without
14 filing a requisition or estimate therefor, in an amount not in
15 excess of $100,000 $40,000; provided that the Board of Trustees
16 must be notified of the operating emergency. A full, written
17 account of each operating emergency and a requisition for the
18 materials, supplies, equipment, and services required to meet
19 the operating emergency must be immediately submitted by the
20 officials or employees authorized to make purchases to the
21 Board of Trustees. The account must be available for public
22 inspection for a period of at least one year after the date of
23 the operating emergency purchase. The exercise of authority
24 with respect to purchases for a bona fide operating emergency
25 is not dependent on a declaration of an operating emergency by
26 the Board of Trustees.

 

 

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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. 91-921, eff. 1-1-01; 92-195, eff. 1-1-02.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.".