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Public Act 91-0547
HB0845 Enrolled LRB9102983PTpk
AN ACT in relation to sanitary districts, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sanitary District Act of 1936 is amended
by changing Sections 5, 14, 32a.4, and 32a.4a as follows:
(70 ILCS 2805/5) (from Ch. 42, par. 416)
Sec. 5. All ordinances imposing any penalty or making any
appropriations shall, within one month after they are passed,
be published at least once in a daily or weekly newspaper
published in the district or, if there is no newspaper
published in the district, in a newspaper published in the
county and having general circulation in such district., or
If no such newspaper is published in the district or county
therein, by posting copies of the same in 3 three public
places in the district; and no such ordinance shall take
effect until 10 ten days after it is so published. All other
ordinances, orders and resolutions, shall take effect from
and after their passage unless otherwise provided therein.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
(70 ILCS 2805/14) (from Ch. 42, par. 425)
Sec. 14. Except as otherwise provided in this Section,
all contracts for purchases or sales by the sanitary
district, the expense of which will exceed $10,000, 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 daily or weekly newspaper published in the
district or, if there is no newspaper published in the
district, in a newspaper published in the county and having
general circulation in the district, and the board may reject
any and all bids, and readvertise. Contracts for services in
excess of $10,000 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 of $10,000 or less 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.
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 the Public Funds Investment Act "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 and leases of real property where the
sanitary district is the lessee shall not be subject to the
competitive bidding requirements of this Section.
Where the board of trustees declares, by a 2/3 vote of
all members of the board, that there exists an emergency
affecting the public health or safety, contracts totaling not
more than $40,000 may be let to the extent necessary to
resolve such emergency without public advertisement or
competitive bidding. The ordinance or resolution embodying
the emergency declaration shall contain the date upon which
such emergency will terminate. The board of trustees may
extend the termination date if in its judgment the
circumstances so require. A full written account of the
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.
(Source: P.A. 85-1136.)
(70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4)
Sec. 32a.4. Any sanitary district may annex any territory
which is not within the corporate limits of the sanitary
district but which is contiguous to it and is served by the
sanitary district or by a municipality with sanitary sewers
that are connected and served by the sanitary district or by
any other sewer system that is connected to and served by the
sanitary district by the passage of an ordinance to that
effect by the board of trustees, describing the territory to
be annexed. A copy of the ordinance with an accurate map of
the annexed territory, certified as correct by the clerk of
the district shall be filed with the county clerk of the
county in which the annexed territory is located. For
purposes of this Act, a property is served by a sanitary
district if a sewer that is part of the sanitary district's
sewer system, part of the sewer system of a municipality that
is connected to the sanitary district, or part of any other
sewer system that connects to and is served by the sanitary
district has been extended to, across, or along the property,
whether or not the buildings on the property are physically
connected to the sewer.
(Source: Laws 1967, p. 944.)
(70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a)
Sec. 32a.4a. The corporate authorities of any sanitary
district may enter into an agreement with one or more of the
owners of record of land in any territory which may be
annexed to such sanitary district as provided in this Act.
Such agreement may provide for the annexation of such
territory to the sanitary district, subject to the provisions
of this Act, and any other matter not inconsistent with the
provisions of this Act, nor forbidden by law. Such agreement
shall be valid and binding for a period not to exceed 20 10
years from the date of execution thereof.
Any action taken by the corporate authorities during the
period such agreement is in effect, which, if it applied to
the land which is the subject of the agreement, would be a
breach of such agreement, shall not apply to such land
without an amendment of such agreement.
Any such agreement executed after the effective date of
this Amendatory Act of 1983 and all amendments of annexation
agreements, shall be entered into in the following manner.
The corporate authorities shall fix a time for and hold a
public hearing upon the proposed annexation agreement or
amendment, and shall give notice of the proposed agreement or
amendment not more than 30 nor less than 15 days before the
date fixed for the hearing. This notice shall be published
at least once in one or more newspapers published within the
sanitary district or, if there is no newspaper published in
the district, in a newspaper published in the county and
having general circulation in the district. After such
hearing the agreement or amendment may be modified before
execution thereof. The annexation agreement or amendment
shall be executed by the president of the board of trustees
only after such hearing and upon the adoption of a resolution
directing such execution, which resolution must be passed by
a vote of two-thirds of the corporate authorities then
holding office.
Any annexation agreement executed pursuant to this
Section shall be binding upon the successor owners of record
of the land which is the subject of the agreement and upon
successor corporate authorities of the sanitary district and
successor sanitary districts. Any party to such agreement
may by civil action, mandamus or other proceeding, enforce
and compel performance of the agreement.
Any annexation agreement executed prior to the effective
date of this amendatory Act of the 91st General Assembly 1983
which was executed pursuant to a two-thirds vote of the
corporate authorities and which contains provisions not
inconsistent with this Section is hereby declared valid and
enforceable as to such provisions for the effective period of
such agreement, or for 20 10 years from the date of execution
thereof, whichever is shorter.
The effective term of any Annexation Agreement executed
prior to the effective date of this amendatory Act of the
91st General Assembly 1983 may be extended at any time prior
to the original expiration date to a date which is not later
than 20 ten years from the date of execution of the original
Annexation Agreement.
(Source: P.A. 83-745.)
Section 10. The Sanitary District Act of 1917 is amended
by changing Section 3 as follows:
(70 ILCS 2405/3) (from Ch. 42, par. 301)
Sec. 3. A board of trustees shall be created, consisting
of 5 members in any sanitary district which includes one or
more municipalities with a population of over 90,000 but less
than 500,000 according to the most recent Federal census, and
consisting of 3 members in any other district. However, for
the Fox River Water Reclamation District the board of
trustees shall consist of 5 members. Each board of trustees
shall be created for the government, control and management
of the affairs and business of each sanitary district
organized under this act shall be created in the following
manner:
(1) If the district is located wholly within a single
county, the presiding officer of the county board, with the
advice and consent of the county board, shall appoint the
trustees for the district;
(2) If the district is located in more than one county,
the members of the General Assembly whose legislative
districts encompass any portion of the district shall appoint
the trustees for the district.
In any sanitary district which shall have a 3 member
board of trustees, within 60 days after the adoption of such
act, the appropriate appointing authority shall appoint three
trustees not more than 2 of whom shall be from one
incorporated city, town or village in districts in which are
included 2 or more incorporated cities, towns or villages, or
parts of 2 or more incorporated cities, towns or villages,
who shall hold their office respectively for 1, 2 and 3
years, from the first Monday of May next after their
appointment and until their successors are appointed and have
qualified, and thereafter on or before the second Monday in
April of each year the appropriate appointing authority shall
appoint one trustee whose term shall be for 3 years
commencing the first Monday in May of the year in which he is
appointed. The length of the term of the first trustees
shall be determined by lot at their first meeting.
In the case of any sanitary district created after
January 1, 1978 in which a 5 member board of trustees is
required, the appropriate appointing authority shall appoint
5 trustees, one of whom shall hold office for one year, two
of whom shall hold office for 2 years, and 2 of whom shall
hold office for 3 years from the first Monday of May next
after their respective appointments and until their
successors are appointed and have qualified. Thereafter, on
or before the second Monday in April of each year the
appropriate appointing authority shall appoint one trustee or
2 trustees, as shall be necessary to maintain a 5 member
board of trustees, whose terms shall be for 3 years
commencing the first Monday in May of the year in which they
are respectively appointed. The length of the terms of the
first trustees shall be determined by lot at their first
meeting.
In any sanitary district created prior to January 1, 1978
in which a 5 member board of trustees is required as of
January 1, 1978, the two trustees already serving terms which
do not expire on May 1, 1978 shall continue to hold office
for the remainders of their respective terms, and 3 trustees
shall be appointed by the appropriate appointing authority by
April 10, 1978 and shall hold office for terms beginning May
1, 1978. Of the three new trustees, one shall hold office
for 2 years and 2 shall hold office for 3 years from May 1,
1978 and until their successors are appointed and have
qualified. Thereafter, on or before the second Monday in
April of each year the appropriate appointing authority shall
appoint one trustee or 2 trustees, as shall be necessary to
maintain a 5 member board of trustees, whose terms shall be
for 3 years commencing the first Monday in May of the year in
which they are respectively appointed. The lengths of the
terms of the trustees who are to hold office beginning May 1,
1978 shall be determined by lot at their first meeting after
May 1, 1978.
No more than 3 members of a 5 member board of trustees
may be of the same political party; except that in any
sanitary district which otherwise meets the requirements of
this Section and which lies within 4 counties of the State of
Illinois, or in the Fox River Water Reclamation District; the
appointments of the 5 members of the board of trustees shall
be made without regard to political party.
Within 60 days after the release of Federal census
statistics showing that a sanitary district having a 3 member
board of trustees contains one or more municipalities with a
population over 90,000 but less than 500,000, the appropriate
appointing authority shall appoint 2 additional trustees to
the board of trustees, one to hold office for 2 years and one
to hold office for 3 years from the first Monday of May next
after their appointment and until their successors are
appointed and have qualified. The lengths of the terms of
these two additional members shall be determined by lot at
the first meeting of the board of trustees held after the
additional members take office. The three trustees already
holding office in the sanitary district shall continue to
hold office for the remainders of their respective terms.
Thereafter, on or before the second Monday in April of each
year the appropriate appointing authority shall appoint one
trustee or 2 trustees, as shall be necessary to maintain a 5
member board of trustees, whose terms shall be for 3 years
commencing the first Monday in May of the year in which they
are respectively appointed.
If any sanitary district having a 5 member board of
trustees shall cease to contain one or more municipalities
with a population over 90,000 but less than 500,000 according
to the most recent Federal census, then, for so long as that
sanitary district does not contain one or more such
municipalities, on or before the second Monday in April of
each year the appropriate appointing authority shall appoint
one trustee whose term shall be for 3 years commencing the
first Monday in May of the year in which he is appointed. In
districts which include 2 or more incorporated cities, towns,
or villages, or parts of 2 or more incorporated cities,
towns, or villages, all of the trustees shall not be from one
incorporated city, town or village.
If a vacancy occurs on any board of trustees, the
appropriate appointing authority shall within 60 days appoint
a trustee who shall hold office for the remainder of the
vacated term.
The appointing authority shall require each of the
trustees to enter into bond, with security to be approved by
the appointing authority, in such sum as the appointing
authority may determine.
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 such 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 such district; nor in
the purchase of any real estate or 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.
Provided, that nothing herein shall be construed as
prohibiting the appointment or selection of any person as
trustee or employee whose only interest in the district is as
owner of real estate in the district or of contributing to
the payment of taxes levied by the district. The trustees
shall have the power to provide and adopt a corporate seal
for the district.
Notwithstanding any other provision in this Section, in
any sanitary district created prior to the effective date of
this amendatory Act of 1985, in which a five member board of
trustees has been appointed and which currently includes one
or more municipalities with a population of over 90,000 but
less than 500,000, the board of trustees shall consist of
five members.
(Source: P.A. 89-502, eff. 6-28-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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