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91_HB0845eng HB0845 Engrossed LRB9102983PTpk 1 AN ACT to amend the Sanitary District Act of 1936 by 2 changing Sections 4.1, 5, 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, 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 HB0845 Engrossed -2- LRB9102983PTpk 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 3threepublic places in the 12 district; and no such ordinance shall take effect until 10 13tendays 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 2805/14) (from Ch. 42, par. 425) 18 Sec. 14. Except as otherwise provided in this Section, 19 all contracts for purchases or sales by the sanitary 20 district, the expense of which will exceed $10,000, shall be 21 let to the lowest responsible bidder therefor upon not less 22 than 14 days' public notice of the terms and conditions upon 23 which the contract is to be let, having been given by 24 publication in a daily or weekly newspaper published or in 25 general circulation in the district, and the board may reject 26 any and all bids, and readvertise. Contracts for services in 27 excess of $10,000 may, subject to the provisions of this 28 Section be let by competitive bidding at the discretion of 29 the district board of trustees. All contracts for purchases 30 or sales of $10,000 or less may be made in the open market 31 without publication in a newspaper as above provided, but 32 whenever practical shall be based on at least 3 competitive HB0845 Engrossed -3- LRB9102983PTpk 1 bids. 2 Contracts which by their nature are not adapted to award 3 by competitive bidding, including, without limitation, 4 contracts for the services of individuals, groups or firms 5 possessing a high degree of professional skill where the 6 ability or fitness of the individual or organization plays an 7 important part, contracts for financial management services 8 undertaken pursuant to the Public Funds Investment Act"An9Act relating to certain investments of public funds by public10agencies", approved July 23, 1943, as now or hereafter11amended, contracts for the purchase or sale of utilities, 12 contracts for materials economically procurable only from a 13 single source of supply and leases of real property where the 14 sanitary district is the lessee shall not be subject to the 15 competitive bidding requirements of this Section. 16 Where the board of trustees declares, by a 2/3 vote of 17 all members of the board, that there exists an emergency 18 affecting the public health or safety, contracts totaling not 19 more than $40,000 may be let to the extent necessary to 20 resolve such emergency without public advertisement or 21 competitive bidding. The ordinance or resolution embodying 22 the emergency declaration shall contain the date upon which 23 such emergency will terminate. The board of trustees may 24 extend the termination date if in its judgment the 25 circumstances so require. A full written account of the 26 emergency, together with a requisition for the materials, 27 supplies, labor or equipment required therefor shall be 28 submitted immediately upon completion and shall be open to 29 public inspection for a period of at least one year 30 subsequent to the date of such emergency purchase. 31 (Source: P.A. 85-1136.) 32 (70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4) 33 Sec. 32a.4. Any sanitary district may annex any territory HB0845 Engrossed -4- LRB9102983PTpk 1 which is not within the corporate limits of the sanitary 2 district but which is contiguous to it and is served by the 3 sanitary district or by a municipality with sanitary sewers 4 that are connected and served by the sanitary district or by 5 any other sewer system that is connected to and served by the 6 sanitary district by the passage of an ordinance to that 7 effect by the board of trustees, describing the territory to 8 be annexed. A copy of the ordinance with an accurate map of 9 the annexed territory, certified as correct by the clerk of 10 the district shall be filed with the county clerk of the 11 county in which the annexed territory is located. For 12 purposes of this Act, a property is served by a sanitary 13 district if a sewer that is part of the sanitary district's 14 sewer system, part of the sewer system of a municipality that 15 is connected to the sanitary district, or part of any other 16 sewer system that connects to and is served by the sanitary 17 district has been extended to, across, or along the property, 18 whether or not the buildings on the property are physically 19 connected to the sewer. 20 (Source: Laws 1967, p. 944.) 21 (70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a) 22 Sec. 32a.4a. The corporate authorities of any sanitary 23 district may enter into an agreement with one or more of the 24 owners of record of land in any territory which may be 25 annexed to such sanitary district as provided in this Act. 26 Such agreement may provide for the annexation of such 27 territory to the sanitary district, subject to the provisions 28 of this Act, and any other matter not inconsistent with the 29 provisions of this Act, nor forbidden by law. Such agreement 30 shall be valid and binding for a period not to exceed 201031 years from the date of execution thereof. 32 Any action taken by the corporate authorities during the 33 period such agreement is in effect, which, if it applied to HB0845 Engrossed -5- LRB9102983PTpk 1 the land which is the subject of the agreement, would be a 2 breach of such agreement, shall not apply to such land 3 without an amendment of such agreement. 4 Any such agreement executed after the effective date of 5 this Amendatory Act of 1983 and all amendments of annexation 6 agreements, shall be entered into in the following manner. 7 The corporate authorities shall fix a time for and hold a 8 public hearing upon the proposed annexation agreement or 9 amendment, and shall give notice of the proposed agreement or 10 amendment not more than 30 nor less than 15 days before the 11 date fixed for the hearing. This notice shall be published 12 at least once in one or more newspapers published or 13 generally circulated within the sanitary district. After 14 such hearing the agreement or amendment may be modified 15 before execution thereof. The annexation agreement or 16 amendment shall be executed by the president of the board of 17 trustees only after such hearing and upon the adoption of a 18 resolution directing such execution, which resolution must be 19 passed by a vote of two-thirds of the corporate authorities 20 then holding office. 21 Any annexation agreement executed pursuant to this 22 Section shall be binding upon the successor owners of record 23 of the land which is the subject of the agreement and upon 24 successor corporate authorities of the sanitary district and 25 successor sanitary districts. Any party to such agreement 26 may by civil action, mandamus or other proceeding, enforce 27 and compel performance of the agreement. 28 Any annexation agreement executed prior to the effective 29 date of this amendatory Act of the 91st General Assembly198330which was executed pursuant to a two-thirds vote of the 31 corporate authorities and which contains provisions not 32 inconsistent with this Section is hereby declared valid and 33 enforceable as to such provisions for the effective period of 34 such agreement, or for 2010years from the date of execution HB0845 Engrossed -6- LRB9102983PTpk 1 thereof, whichever is shorter. 2 The effective term of any Annexation Agreement executed 3 prior to the effective date of this amendatory Act of the 4 91st General Assembly1983may be extended at any time prior 5 to the original expiration date to a date which is not later 6 than 20tenyears from the date of execution of the original 7 Annexation Agreement. 8 (Source: P.A. 83-745.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.