Public Act 095-0607
 
SB0684 Enrolled LRB095 10881 HLH 31161 b

    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 3, 4, 5, 8.1, and 11 as follows:
 
    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
    Sec. 3. The corporate authority of the North Shore Sanitary
District shall consist of 5 trustees.
    Within 20 days after the adoption of the Act, as provided
in Section 1, the county governing body shall proceed to divide
the sanitary district into 5 wards for the purpose of electing
trustees. One trustee shall be elected for each ward on the
date of the next regular county election. In each sanitary
district organized pursuant to the provisions of this Act prior
to the effective date of this amendatory Act of 1975, one
trustee shall be elected for each ward on the date of the
regular county election in the year 1976. However, the
population in no one ward shall be less than 1/6 of the
population of the whole district and the territory in each of
the wards shall be composed of contiguous territory in as
compact form as practicable. A portion of each ward shall abut
the west shore of Lake Michigan and the boundaries of the
respective wards shall coincide with precinct boundaries and
the boundaries of existing municipalities as nearly as
practicable. In the year 1981, and every 10 years thereafter,
the sanitary district board of trustees shall reapportion the
district, so that the respective wards shall conform as nearly
as practicable with the above requirements as to population,
shape and territory.
    The trustees shall hold office respectively for 4 years
from the first Monday of May after their election and until
their successors are appointed and qualified, except that the
term of office of 2 of the trustees first elected shall be for
2 years. Which of the trustees first elected shall serve a term
of 2 years shall be determined by lot at their first meeting.
Notwithstanding the foregoing provisions, all trustees elected
in 1994 or thereafter shall assume office on the first Monday
in December following the general election instead of the first
Monday in May of the following year.
    In the year 1982, and every 10 years thereafter, following
each decennial Federal census, all 5 trustees shall be elected.
Immediately following each decennial redistricting, the
sanitary district board of trustees shall divide the wards into
2 groups, one of which shall consist of 3 wards and the other
shall consist of 2 wards. Trustees from one group shall serve
terms of 4 years, 4 years and 2 years; and trustees from the
other group shall serve terms of 2 years, 4 years and 4 years.
    Each of the trustees, upon entering the duties of their
respective offices, shall execute a bond with security, in the
amount and form to be approved by the corporate authorities,
payable to the district, in the penal sum of not less than
$10,000.00, as directed by resolution or ordinance,
conditioned upon the faithful performance of the duties of the
office. Each bond shall be filed with and preserved by the
board secretary. shall enter into bond, in a sum determined by
the circuit court, with security to be approved by the circuit
court.
    When a vacancy exists in the office of trustees of any
sanitary district organized under the provisions of this Act,
the vacancy shall be filled by appointment by the president of
the sanitary district board of trustees, with the advice and
consent of the sanitary district board of trustees, until the
next regular election at which trustees of the sanitary
district are elected, and shall be made a matter of record in
the office of the county clerk in the county in which the
district is located.
    A majority of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day to day. No
trustee or employee of the district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by the district; nor in the
purchase of any real estate or other property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district. The
trustees have the power to provide and adopt a corporate seal
for the district.
(Source: P.A. 87-937.)
 
    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
    Sec. 4. Board of trustees; powers; compensation. The
trustees shall constitute a board of trustees for the district.
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, chief engineer, superintendent and
attorney, and may provide by ordinance for the employment of
such clerks and 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 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 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 $14,000 per year, and
each other member of the board shall not receive more than
$11,000 per year. The board of trustees has full power to pass
all necessary 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 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.
    The board of trustees shall have the authority to change
the name of the District, by ordinance, to the North Shore
Water Reclamation District. If an ordinance is passed pursuant
to this paragraph, all provisions of this Act shall apply to
the newly renamed district.
(Source: P.A. 89-143, eff. 7-14-95.)
 
    (70 ILCS 2305/5)  (from Ch. 42, par. 281)
    Sec. 5. Ordinance enactment and rulemaking procedures.
    (a) No ordinance or rule imposing a penalty, or assessing a
charge under Section 7.1, shall take effect until the board of
trustees has complied with the requirements of this Section. As
used in this Section, "rule" means a rule, regulation, order,
or resolution.
        (1) Not less than 30 days before the effective date of
    a proposed ordinance or rule imposing a penalty or
    assessing a charge under Section 7.1, the board of trustees
    shall publish a general notice of the proposed ordinance or
    rule imposing a penalty or assessing a charge under Section
    7.1 in a newspaper of general circulation in the district
    or, if no such newspaper exists, shall post copies of the
    notice in 3 public places in the district, unless persons
    subject to the proposed ordinance or rule are named and
    either personally served or otherwise have actual notice in
    accordance with the law. The notice shall include the
    following:
            (A) A statement of the time, place, and nature of
        public proceedings to consider or adopt the proposed
        ordinance or rule.
            (B) Reference to the legal authority under which
        the ordinance or rule is proposed.
            (C) Either the terms or substance of the proposed
        ordinance or rule or a description of the subjects and
        issues involved.
        (2) After publication or service of the notice of the
    proposed ordinance or rule imposing a penalty or assessing
    a charge under Section 7.1 required by this Section, the
    board of trustees shall give interested persons a
    meaningful opportunity to participate in the process
    through submission of written data, views, or arguments
    with or without the opportunity for oral presentation.
    After consideration of the relevant matter presented, the
    board of trustees shall incorporate in the adopted
    ordinance or rule a concise general statement of its basis
    and purpose and in an accompanying explanatory notice shall
    specifically address each comment received by the board.
        (3) The board of trustees shall make the required
    publication or service of notice of a final ordinance or
    rule imposing a penalty or assessing a charge under Section
    7.1; not less than 30 days before its effective date.
    (b) Except as otherwise provided in this Section, no other
ordinance or rule shall take effect until 10 days after it is
published. However, notwithstanding the provisions of this
Section, any ordinance or rule which contains a statement of
its urgency in the preamble or body thereof, may take effect
immediately upon its passage provided that the corporate
authorities, by a vote of two-thirds of all the members then
holding office, so direct. The decision of the corporate
authorities as to the urgency of any ordinance shall not be
subject to judicial review except for an abuse of discretion.
Within 30 days after the adoption by the board of trustees of
all other ordinances and rules, the board of trustees shall
publish at least once in a newspaper of general circulation in
the district or, if no such newspaper exists, shall post copies
of the notice in 3 public places in the district, and no
ordinance or rule shall take effect until 10 days after it is
published.
    (c) Except as otherwise provided in this Section, all
ordinances, rules, or resolutions shall be (1) printed or
published in book or pamphlet form, published by authority of
the corporate authorities, or (2) published at least once,
within 30 days after passage, in one or more newspapers
published in the district, or, if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the district. Publication shall be
satisfied by either subsection (1) or (2) notwithstanding any
other provision in this Act. If there is an error in printing,
the publishing requirement of this Act shall be satisfied if
those portions of the ordinance or rule that were erroneously
printed are republished, correctly, within 30 days after the
original publication that contained the error. The fact that an
error occurred in publication shall not affect the effective
date of the ordinance or rule so published. If the error in
printing is not corrected within 30 days after the date of the
original publication that contained the error, as provided in
the preceding sentence, the corporate authorities may, by
ordinance, declare the ordinance or rule that was erroneously
published to be nevertheless valid and in effect no sooner than
10 days after the date of the original publication,
notwithstanding the error in publication, and shall order the
original ordinance or rule to be published once more within 30
days after the passage of the validating ordinance.
    (d) (c) The board of trustees shall give an interested
person the right to petition for the issuance, amendment, or
repeal of an ordinance or a rule.
(Source: P.A. 88-649, eff. 9-16-94.)
 
    (70 ILCS 2305/8.1)  (from Ch. 42, par. 284.1)
    Sec. 8.1. Every such sanitary district shall also have the
power to lease to others for any period of time, not exceeding
20 ten years, upon such terms as its board of trustees may
determine, any real estate, right-of-way, or privilege, or any
interest therein, or any part thereof, acquired by it which is
in the opinion of the board of trustees of such sanitary
district, no longer required for its corporate purposes or
which may not be immediately needed for such purposes, and such
leases may contain such conditions and retain such interests
therein as may be deemed for the best interest of such sanitary
district by such board of trustees; also any such sanitary
district shall have the right to grant easements and permits
for the use of any such real property, right-of-way, or
privilege, which will not in the opinion of the board of
trustees of such sanitary district, interfere with the use
thereof by such sanitary district for its corporate purposes,
and such easements and permits may contain such conditions and
retain such interests therein as may be deemed for the best
interests of such sanitary district by such board of trustees.
(Source: Laws 1961, p. 551.)
 
    (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 materials economically procurable
only from a single source of supply, 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, and leases of real
property where the sanitary district is the lessee shall not be
subject to the competitive bidding requirements of this
Section.
    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 $100,000. 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 $40,000; 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.
    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. 91-921, eff. 1-1-01; 92-195, eff. 1-1-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.