Full Text of SB2292 95th General Assembly
SB2292enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 13-701 and 13-702 as follows:
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| (40 ILCS 5/13-701) (from Ch. 108 1/2, par. 13-701)
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| Sec. 13-701. Board created. A board of 7 5 members shall | 8 |
| constitute the
Board of Trustees authorized to carry out the | 9 |
| provisions of this Article.
The board shall be known as the | 10 |
| Retirement Board of the Metropolitan Water
Reclamation | 11 |
| District Pension Fund.
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| The board shall consist of 3 2 members appointed by the | 13 |
| Board of
Commissioners of the Water Reclamation District , one | 14 |
| of which must be a retiree participating in the Fund, and 4 3 | 15 |
| elected employee members. The appointed retiree to the Board | 16 |
| must be recommended by the Board of Commissioners of the | 17 |
| Metropolitan Water Reclamation District and approved by the | 18 |
| Board of Trustees prior to serving his or her term.
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| Each appointed member shall be appointed for a term of 3 2 | 20 |
| years in the
month of January prior to the expiration of the | 21 |
| term of office of the
appointed member whose term next expires.
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| Members of the Board shall hold office until the expiration | 23 |
| of their
respective terms and until their respective successors |
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| are appointed or
elected and have qualified. This amendatory | 2 |
| Act of the 95th General Assembly 1991 shall not affect
the | 3 |
| terms of the Board members holding office on its effective | 4 |
| date. The new employee member authorized by this amendatory Act | 5 |
| of the 95th General Assembly shall begin his or her term | 6 |
| following a special election no later than 90 days after the | 7 |
| effective date of this amendatory Act and serve an initial term | 8 |
| that expires on November 30, 2011. The appointed retiree member | 9 |
| authorized by this amendatory Act of the 95th General Assembly | 10 |
| shall be appointed no later than 90 days after the effective | 11 |
| date of this amendatory Act and serve an initial term that | 12 |
| expires on January 31, 2011.
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| Any person elected or appointed as a member of the Board | 14 |
| shall qualify by
taking an oath of office to be administered by | 15 |
| any officer authorized to
administer oaths or any sitting | 16 |
| member of the Board. A copy thereof shall
be filed with the | 17 |
| clerk of the Water Reclamation District and with the
Executive | 18 |
| Director of the Fund.
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| (Source: P.A. 87-794.)
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| (40 ILCS 5/13-702) (from Ch. 108 1/2, par. 13-702)
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| Sec. 13-702. Board elections. Beginning on the effective | 22 |
| date of this amendatory Act of the 95th General Assembly, in In | 23 |
| each year, the Board shall conduct a
regular election, under | 24 |
| rules adopted by it, at least 30 days prior to the
expiration | 25 |
| of the term of the employee member whose term next expires, for
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| the election of a successor for a term of 4 3 years. Any | 2 |
| employee at the
time the election is held shall have a right to | 3 |
| vote. The election
shall be conducted by secret ballot.
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| (Source: P.A. 87-794.)
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| Section 10. The Metropolitan Water Reclamation District | 6 |
| Act is amended by changing Section 4.14 and adding Section 303 | 7 |
| as follows:
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| (70 ILCS 2605/4.14) (from Ch. 42, par. 323.14)
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| Sec. 4.14. No officer or employee in the classified civil | 10 |
| service of the
sanitary district shall be removed or discharged | 11 |
| except for cause, upon
written charges, and after an | 12 |
| opportunity to be heard in his own defense.
Such charges shall | 13 |
| be filed with the civil service board within 30 days from the | 14 |
| date of suspension under the charges, and the charges shall be | 15 |
| promptly investigated by or before the civil service board, or
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| by or before some officer or officers appointed by the civil | 17 |
| service board
to conduct such investigation within thirty days | 18 |
| from the date of
suspension under such charges . The hearing | 19 |
| shall take place within 120 days after charges are filed | 20 |
| against the employee. The hearing shall be public and the | 21 |
| accused
shall be entitled to call witnesses in his defense and | 22 |
| to have the aid of
counsel. The civil service board may | 23 |
| continue a discharge hearing for good cause shown and only with | 24 |
| the consent of the employee. The civil service board shall |
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| enter a finding and decision. A decision shall be deemed to | 2 |
| have been served either when a copy of the decision is | 3 |
| personally delivered or when a copy of the decision is | 4 |
| deposited in the United States mail, addressed to the employee | 5 |
| at his last known address on file with the human resources | 6 |
| department. The hearing may be postponed or continued with the | 7 |
| consent of the
accused. The finding and decision of the civil | 8 |
| service board or of such
investigating officer or officers, | 9 |
| when approved by said civil service
board, shall be final, | 10 |
| except for the judicial review thereof as herein
provided, and | 11 |
| shall be certified to the appointing officer, and shall be
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| forthwith enforced by such officer. Nothing in this Act shall | 13 |
| limit the
power of any officer to suspend a subordinate for a | 14 |
| reasonable period not
exceeding thirty days ; however, if | 15 |
| charges are filed against a suspended employee, the suspension | 16 |
| shall be extended until the civil service board enters its | 17 |
| finding and decision regarding the charges unless prior to this | 18 |
| time the board enters an order approving an agreement between | 19 |
| the sanitary district and the employee that the suspension | 20 |
| should terminate at an earlier date . Every such suspension | 21 |
| shall be without pay:
Provided, however, that the civil service | 22 |
| board shall have authority to
investigate every such suspension | 23 |
| and, in case of its disapproval thereof,
it shall have power to | 24 |
| restore pay to the employee so suspended. In the
course of any | 25 |
| investigation provided for in this Act, each member of the
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| civil service board and any officer appointed by it shall have |
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| the power to
administer oaths and shall have power to secure by | 2 |
| its subpoena both the
attendance and testimony of witnesses and | 3 |
| the production of books and
papers.
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| Either the sanitary district or the employee may file a | 5 |
| written petition for rehearing of the finding and decision of | 6 |
| the civil service board within 21 calendar days after the | 7 |
| finding and decision are served as provided in this Section. | 8 |
| The petition shall state fully the grounds upon which | 9 |
| application for further investigation and hearing is based. If | 10 |
| a petition is denied by the civil service board, the decision | 11 |
| shall remain in full force and effect and any further appeal by | 12 |
| either party shall be in accordance with the provisions of the | 13 |
| Administrative Review Law. | 14 |
| The provisions of the Administrative Review Law, and all | 15 |
| amendments
and modifications thereof, and the
rules adopted | 16 |
| pursuant thereto, shall apply to and govern all proceedings
for | 17 |
| the judicial review of final administrative decisions of the | 18 |
| civil
service board hereunder. The term "administrative | 19 |
| decision" is defined as
in Section 3-101 of the Code of Civil | 20 |
| Procedure.
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| (Source: P.A. 82-783 .)
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| (70 ILCS 2605/303 new)
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| Sec. 303. District enlarged. Upon the effective date of | 24 |
| this amendatory Act of the 95th General Assembly, the corporate | 25 |
| limits of the Metropolitan Water Reclamation District are |
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| extended to include the following described tracts of land and | 2 |
| the tracts are annexed to the District. | 3 |
| Parcel 1: | 4 |
| The South 1102.0 Feet (excepting therefrom the South 70 Feet | 5 |
| taken for highway purposes) of the West Half of the East Half | 6 |
| of the Northeast Quarter (Excepting therefrom the East 400.0 | 7 |
| Feet) in Section 20, Township 35 North, Range 13 East of the | 8 |
| Third Principal Meridian, in Cook County, Illinois. | 9 |
| Parcel 2: | 10 |
| The East One Acre of the Southwest Quarter of the Northeast | 11 |
| Quarter of Section 20, Township 35 North, Range 13 East of the | 12 |
| Third Principal Meridian, (excepting from said tract of land | 13 |
| the North 223.84 Feet and except the South 70 Feet of the above | 14 |
| described property) all in Cook County, Illinois. | 15 |
| Parcel 3: | 16 |
| Lot 1 (except that part lying Northeasterly of a line extended | 17 |
| from the North Line of Lot 1 aforesaid, 150 Feet east of the | 18 |
| Northwest Corner thereof to the East Line of said Lot 1, 70 | 19 |
| Feet North of the Southeast Corner thereof deeded to the County | 20 |
| of Cook by Document Number 95851820) and Lot 2, 3, and 13 in | 21 |
| Arthur T. McIntosh and Company's Crawford County Unit No. 1 in | 22 |
| the Northeast Quarter of Section 15, Township 35 North, Range | 23 |
| 13 East of the Third Principal Meridian, in Cook County, |
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| Illinois. In addition to the foregoing, the area extending to | 2 |
| the far side of the Vollmer Road Right-Of-Way except for area | 3 |
| currently within the corporate limits of Olympia Fields. Per 65 | 4 |
| ILCS 5/7-1-1. | 5 |
| Section 15. The Metropolitan Water Reclamation District | 6 |
| Act is amended by changing Sections 4, 4b, 4.2a, 4.7, 4.11, | 7 |
| 4.13, 4.32, 4.38, 5.4, 5.5, 5.7, 7a, 7aa, 7f, 8, 8c, 8d, 11.1, | 8 |
| 11.5, 11.6, 11.7, 11.8, 11.9, 11.10, 11.11, 11.12, 11.13, | 9 |
| 11.14, 11.16, 11.17, 11.18, 11.20, 11.23, and 11.24 as follows: | 10 |
| (70 ILCS 2605/4) (from Ch. 42, par. 323)
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| Sec. 4. The commissioners elected under this Act constitute | 12 |
| a board
of commissioners for the district by which they are | 13 |
| elected, which board
of commissioners is the corporate | 14 |
| authority of the sanitary district,
and, in addition to all | 15 |
| other powers specified in this Act, shall
establish the | 16 |
| policies and goals of the sanitary district. The executive | 17 |
| director general
superintendent , in addition to all other | 18 |
| powers specified in this Act,
shall manage and control all the | 19 |
| affairs and property of the sanitary
district and shall | 20 |
| regularly report to the Board of Commissioners on the
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| activities of the sanitary district in executing the policies | 22 |
| and goals
established by the board. At the regularly scheduled | 23 |
| meeting of odd
numbered years following the induction of new | 24 |
| commissioners the board of
commissioners shall elect from its |
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| own number a president and a
vice-president to serve in the | 2 |
| absence of the president, and the
chairman of the committee on | 3 |
| finance. The board shall provide by rule
when a vacancy occurs | 4 |
| in the office of the president, vice-president, or
the chairman | 5 |
| of the committee on finance and the manner of filling such
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| vacancy.
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| The board shall appoint from outside its own number the | 8 |
| executive director general
superintendent and treasurer for | 9 |
| the district.
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| The executive director general superintendent must be a | 11 |
| resident of the sanitary
district and a citizen of the United | 12 |
| States. He must be selected solely
upon his administrative and | 13 |
| technical qualifications and without regard
to his political | 14 |
| affiliations.
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| In the event of illness or other prolonged absence, death | 16 |
| or
resignation creating a vacancy in the office of the | 17 |
| executive director general
superintendent , or treasurer, the | 18 |
| board of commissioners may appoint an
acting officer from | 19 |
| outside its own number, to perform the duties and
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| responsibilities of the office during the term of the absence | 21 |
| or
vacancy.
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| The executive director general superintendent with the | 23 |
| advice and consent of the board
of commissioners, shall appoint | 24 |
| the director of engineering, director of maintenance and | 25 |
| operations, director of human resources, director of | 26 |
| procurement and materials management, chief engineer, chief of |
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| maintenance
and operations, director of personnel, purchasing | 2 |
| agent, clerk, general counsel, director of monitoring and | 3 |
| research, attorney,
director of research and development, and | 4 |
| director of information technology.
These constitute the heads | 5 |
| of the Department of Engineering, Maintenance and
Operations, | 6 |
| Human Resources, Procurement and Materials Management, | 7 |
| Personnel, Purchasing, Finance, Law, Monitoring and Research, | 8 |
| Law, Research and Development, and
Information Technology, | 9 |
| respectively. No other departments or heads of
departments may | 10 |
| be created without subsequent amendment to this Act. All such
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| department heads are under the direct supervision of the | 12 |
| executive director general
superintendent .
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| The director of human resources personnel must be qualified | 14 |
| under Section 4.2a of
this Act.
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| The director of procurement and materials management | 16 |
| purchasing agent must be selected in accordance with Section
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| 11.16 of this Act.
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| In the event of illness or other prolonged absence, death | 19 |
| or
resignation creating a vacancy in the office of director of | 20 |
| engineering, director of maintenance and operations, director | 21 |
| of human resources, director of procurement and materials | 22 |
| management, chief engineer, chief of
maintenance and | 23 |
| operations, director of personnel, purchasing agent,
clerk, | 24 |
| general counsel, director of monitoring and research, | 25 |
| attorney, director of research and development, or director
of | 26 |
| information technology, the executive director general |
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| superintendent shall appoint an acting
officer to perform the | 2 |
| duties and responsibilities of the office during the
term of | 3 |
| the absence or vacancy. Any such officers appointed in an | 4 |
| acting
capacity are under the direct supervision of the | 5 |
| executive director general superintendent .
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| All appointive officers and acting officers shall give bond | 7 |
| as may be
required by the board.
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| The executive director general superintendent , treasurer, | 9 |
| acting executive director, general superintendent
and acting | 10 |
| treasurer hold their offices at the pleasure of the board of
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| commissioners.
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| The acting director of engineering, acting director of | 13 |
| maintenance and operations, acting director of human | 14 |
| resources, acting director of procurement and materials | 15 |
| management chief engineer, acting chief of maintenance and
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| operations, acting purchasing agent, acting director of | 17 |
| personnel ,
acting clerk, acting general counsel attorney , | 18 |
| acting director of monitoring and research research and
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| development , and acting director of information technology | 20 |
| hold their
offices at the pleasure of the executive director | 21 |
| general superintendent .
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| The director of engineering, director of maintenance and | 23 |
| operations, director of human resources, director of | 24 |
| procurement and materials management, chief engineer, chief of | 25 |
| maintenance and operations, director of
personnel, purchasing | 26 |
| agent, clerk, general counsel, director of monitoring and |
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| research, attorney, director of research
and development, and | 2 |
| director of information technology may be removed
from office | 3 |
| for cause by the executive director general superintendent . | 4 |
| Prior to removal, such
officers are entitled to a public | 5 |
| hearing before the executive director general superintendent | 6 |
| at
which hearing they may be represented by counsel. Before the | 7 |
| hearing, the
executive director general superintendent shall | 8 |
| notify the board of commissioners of the date,
time, place and | 9 |
| nature of the hearing.
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| In addition to the general counsel attorney appointed by | 11 |
| the executive director general superintendent ,
the board of | 12 |
| commissioners may appoint from outside its own number an
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| attorney, or retain counsel, to advise the board of | 14 |
| commissioners with
respect to its powers and duties and with | 15 |
| respect to legal questions and
matters of policy for which the | 16 |
| board of commissioners is responsible.
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| The executive director general superintendent is the chief | 18 |
| administrative officer of the
district, has supervision over | 19 |
| and is responsible for all administrative
and operational | 20 |
| matters of the sanitary district including the duties of
all | 21 |
| employees which are not otherwise designated by law, and is the
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| appointing authority as specified in Section 4.11 of this Act.
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| The board, through the budget process, shall set the
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| compensation of all the officers and employees of the sanitary | 25 |
| district.
Any incumbent of the office of president may appoint | 26 |
| an administrative aide
which appointment remains in force |
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| during his incumbency unless revoked by
the president.
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| Effective upon the election in January, 1985 of the | 3 |
| president and
vice-president of the board of commissioners and | 4 |
| the chairman of the
committee on finance, the annual salary of | 5 |
| the president shall be $37,500
and shall be increased to | 6 |
| $39,500 in January, 1987, $41,500 in January,
1989, $50,000 in | 7 |
| January, 1991, and $60,000 in January, 2001; the annual
salary | 8 |
| of the vice-president shall be $35,000 and shall be increased | 9 |
| to
$37,000 in January, 1987, $39,000 in January, 1989, $45,000 | 10 |
| in January,
1991, and $55,000 in January, 2001; the annual | 11 |
| salary of the
chairman of the committee on finance shall be | 12 |
| $32,500 and shall be
increased to $34,500 in January, 1987, | 13 |
| $36,500 in January, 1989,
$45,000 in January, 1991, and $55,000 | 14 |
| in January, 2001.
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| The annual salaries of the other members of the Board shall | 16 |
| be as follows:
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| For the three members elected in November, 1980, $26,500 | 18 |
| per annum
for the first two years of the term; $28,000 per | 19 |
| annum for the next two
years of the term and $30,000 per annum | 20 |
| for the last two years.
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| For the three members elected in November, 1982, $28,000 | 22 |
| per annum
for the first two years of the term and $30,000 per | 23 |
| annum thereafter.
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| For members elected in November, 1984, $30,000 per
annum.
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| For the three members elected in November, 1986, $32,000 | 26 |
| for each of
the first two years of the term, $34,000 for each |
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| of the next two years and
$36,000 for the last two years;
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| For three members elected in November, 1988, $34,000 for | 3 |
| each of the
first two years of the term and $36,000 for each | 4 |
| year thereafter.
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| For members elected in November, 1990, 1992, 1994, 1996, or | 6 |
| 1998, $40,000.
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| For members elected in November, 2000 and thereafter, | 8 |
| $50,000.
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| Notwithstanding the other provisions of this Section, the | 10 |
| board,
prior to January 1, 2007 and with a two-thirds vote, may | 11 |
| increase the annual rate of compensation
at a separate flat | 12 |
| amount for each of the following: the president, the | 13 |
| vice-president, the chairman of the committee on finance, and | 14 |
| the other members; the increased annual rate of compensation | 15 |
| shall apply to all such officers and members whose terms as | 16 |
| members of the board commence after the increase in | 17 |
| compensation is adopted by the board.
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| The board of commissioners has full power to pass all | 19 |
| necessary
ordinances, orders, rules, resolutions and | 20 |
| regulations for the proper
management and conduct of the | 21 |
| business of the board of commissioners and
the corporation and | 22 |
| for carrying into effect the object for which the
sanitary | 23 |
| district is formed. All ordinances, orders, rules, resolutions
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| and regulations passed by the board of commissioners must, | 25 |
| before they
take effect, be approved by the president of the | 26 |
| board of commissioners.
If he approves thereof, he shall sign |
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| them, and such as he does not
approve he shall return to the | 2 |
| board of commissioners with his
objections in writing at the | 3 |
| next regular meeting of the board of
commissioners occurring | 4 |
| after the passage thereof. Such veto may extend
to any one or | 5 |
| more items or appropriations contained in any ordinance
making | 6 |
| an appropriation, or to the entire ordinance. If the veto | 7 |
| extends
to a part of such ordinance, the residue takes effect. | 8 |
| If the
president of such board of commissioners fails to return | 9 |
| any ordinance,
order, rule, resolution or regulation with his | 10 |
| objections thereto in the
time required, he is deemed to have | 11 |
| approved it, and it takes effect
accordingly. Upon the return | 12 |
| of any ordinance, order, rule, resolution,
or regulation by the | 13 |
| president, the vote by which it was passed must be
reconsidered | 14 |
| by the board of commissioners, and if upon such
reconsideration | 15 |
| two-thirds of all the members agree by yeas and nays to
pass | 16 |
| it, it takes effect notwithstanding the president's refusal to
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| approve thereof.
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| It is the policy of this State that all powers granted, | 19 |
| either expressly
or by necessary implication, by this Act or | 20 |
| any other Illinois statute to
the District may be exercised by | 21 |
| the District notwithstanding effects on
competition. It is the | 22 |
| intention of the
General Assembly that the "State action | 23 |
| exemption" to the application of
federal antitrust statutes be | 24 |
| fully available to the District to the extent
its activities | 25 |
| are authorized by law as stated herein.
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| (Source: P.A. 94-1069, eff. 11-29-06.)
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| (70 ILCS 2605/4b) (from Ch. 42, par. 323b)
| 2 |
| Sec. 4b. The Governor shall appoint, by and with the advice | 3 |
| and
consent of the Senate, a State Sanitary District Observer. | 4 |
| The term of
the person first appointed shall expire on the | 5 |
| third Monday in January,
1969. If the Senate is not in session | 6 |
| when the first appointment is
made, the Governor shall make a | 7 |
| temporary appointment as in the case of
a vacancy. Thereafter | 8 |
| the term of office of the State Sanitary District
Observer | 9 |
| shall be for 2 years commencing on the third Monday in January
| 10 |
| of 1969 and each odd-numbered year thereafter. Any person | 11 |
| appointed to
such office shall hold office for the duration of | 12 |
| his term and until his
successor is appointed and qualified.
| 13 |
| The State Sanitary District Observer must have a knowledge | 14 |
| of the
principles of sanitary engineering. He shall be paid | 15 |
| from the State
Treasury an annual salary of $15,000 or as
set | 16 |
| by the Compensation Review Board, whichever is greater, and | 17 |
| shall also be
reimbursed for necessary expenses incurred in the | 18 |
| performance of his duties.
| 19 |
| The State Sanitary District Observer has the same right as | 20 |
| any
Trustee or the Executive Director General Superintendent to | 21 |
| attend any meeting in
connection with the business of The | 22 |
| Metropolitan Sanitary District of
Greater Chicago. He shall | 23 |
| have access to all records and works of the
District. He may | 24 |
| conduct inquiries and investigations into the
efficiency and | 25 |
| adequacy of the operations of the District, including the
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| effect of the operations of the District upon areas of the | 2 |
| State outside
the boundaries of the District.
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| The State Sanitary District Observer shall report to the | 4 |
| Governor,
the General Assembly, the Department of Natural | 5 |
| Resources,
and the Environmental Protection Agency annually | 6 |
| and more frequently if
requested by the Governor.
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| The requirement for reporting to the General Assembly shall | 8 |
| be satisfied
by filing copies of the report with the Speaker, | 9 |
| the Minority Leader and
the Clerk of the House of | 10 |
| Representatives and the President, the Minority
Leader and the | 11 |
| Secretary of the Senate and the Legislative Research Unit, as
| 12 |
| required by Section 3.1 of "An Act to revise the law in | 13 |
| relation to the General
Assembly", approved February 25, 1874, | 14 |
| as amended, and filing such additional
copies with the State | 15 |
| Government Report Distribution Center for the General
Assembly | 16 |
| as is required under paragraph (t) of Section 7 of the State | 17 |
| Library
Act.
| 18 |
| (Source: P.A. 89-445, eff. 2-7-96.)
| 19 |
| (70 ILCS 2605/4.2a) (from Ch. 42, par. 323.2a)
| 20 |
| Sec. 4.2a. There is created a Department of Human Resources | 21 |
| Personnel for the district, the
executive officer of which is | 22 |
| the Director of Human Resources Personnel , hereinafter in
this | 23 |
| Act called the Director. Any person appointed as the Director | 24 |
| shall
have previously served in a responsible executive | 25 |
| capacity requiring
knowledge of and experience in human |
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|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| resources personnel management to a degree
commensurate with | 2 |
| that required in the human resources personnel administration | 3 |
| of the
district.
| 4 |
| (Source: Laws 1963, p. 2477 .)
| 5 |
| (70 ILCS 2605/4.7) (from Ch. 42, par. 323.7)
| 6 |
| Sec. 4.7. All applicants for offices or places in said | 7 |
| classified
civil service, except for the positions of deputy | 8 |
| director of engineering, deputy director of monitoring and | 9 |
| research, deputy director of maintenance and operations, | 10 |
| deputy chief engineer, assistant director of engineering, | 11 |
| assistant director of maintenance and operations,
chief | 12 |
| engineers, deputy general counsel, attorney, head assistant | 13 |
| attorneys,
assistant director of monitoring and research, | 14 |
| research and development, assistant director of
information | 15 |
| technology, assistant director of human resources, personnel, | 16 |
| comptroller, assistant treasurer, assistant director of | 17 |
| procurement and materials management,
purchasing agent and | 18 |
| laborers, shall be subjected to
examination, which shall be | 19 |
| public and competitive with limitations
specified in the rules | 20 |
| of the Director as to residence, age, sex,
health, habits, | 21 |
| moral character and qualifications to perform the duties
of the | 22 |
| office or place to be filled, which qualifications shall be
| 23 |
| prescribed in advance of such examination. Such examinations | 24 |
| shall be
practical in their character, and shall relate to | 25 |
| those matters which
will fairly test the relative capacity of |
|
|
|
SB2292 Enrolled |
- 18 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| the persons examined to
discharge the duties of the position to | 2 |
| which they seek to be appointed,
and may include tests of | 3 |
| physical qualifications and health and when
appropriate, of | 4 |
| manual skill. No question in any examination shall
relate to | 5 |
| political or religious opinions or affiliations. The Director
| 6 |
| shall control all examinations, and may, whenever an | 7 |
| examination is to
take place, designate a suitable number of | 8 |
| persons to be special
examiners and it shall be the duty of | 9 |
| such special examiners to conduct
such examinations as the | 10 |
| Director may direct, and to make return and
report thereof to | 11 |
| him; and he may at any time substitute any other
person in the | 12 |
| place of any one so selected; and he may himself, at any
time, | 13 |
| act as such special examiner, and without appointing other | 14 |
| special
examiners. The Director shall,
by rule, provide for and | 15 |
| shall hold sufficient number of examinations to
provide a | 16 |
| sufficient number of eligibles on the register for each grade
| 17 |
| of position in the classified civil service, and if any place | 18 |
| in the
classified civil service shall become vacant, to which | 19 |
| there is no
person eligible for appointment, he shall hold an
| 20 |
| examination for such position and repeat the same, if | 21 |
| necessary, until a
vacancy is filled in accordance with the | 22 |
| provisions of this Act.
| 23 |
| Eligible registers shall remain in force for 3 years, | 24 |
| except the
eligible register for laborers which shall remain in | 25 |
| force for 4 years and
except the eligible registers for student | 26 |
| programs and entry level engineering
positions which, in the |
|
|
|
SB2292 Enrolled |
- 19 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| Director's discretion, may remain in force for one
year.
| 2 |
| Examinations for an eligible
list for each position in the | 3 |
| classified service above mentioned shall be
held at least once | 4 |
| in 3 years and at least annually for student programs and
entry | 5 |
| level engineering positions if the Director has limited the | 6 |
| duration of
the registers for those positions to one year, | 7 |
| unless the Director determines
that such examinations are not | 8 |
| necessary because no vacancy exists.
| 9 |
| To help defray expenses of examinations, the sanitary | 10 |
| district
may, but need not, charge a fee to each applicant who | 11 |
| desires to take
a civil service examination provided for by | 12 |
| this Act. The amount of
such fees shall be set by the corporate | 13 |
| authority of the sanitary
district. Such fees shall be | 14 |
| deposited in the corporate fund of the district.
| 15 |
| (Source: P.A. 94-1070, eff. 11-29-06.)
| 16 |
| (70 ILCS 2605/4.11) (from Ch. 42, par. 323.11)
| 17 |
| Sec. 4.11. Appointments.
Whenever a position classified | 18 |
| under this Act is to be
filled, except the positions of deputy | 19 |
| director of engineering, deputy director of monitoring and | 20 |
| research, deputy director of maintenance and operations, chief | 21 |
| engineer, assistant director of engineering, assistant | 22 |
| director of maintenance and operations, chief
engineers, | 23 |
| deputy general counsel, attorney, head assistant attorneys, | 24 |
| assistant
director of monitoring and research, research and | 25 |
| development, assistant director of information
technology, |
|
|
|
SB2292 Enrolled |
- 20 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| comptroller, assistant treasurer, assistant director of | 2 |
| procurement and materials management,
purchasing agent, | 3 |
| assistant director of human resources, personnel, and | 4 |
| laborers, the appointing
officer shall make requisition upon | 5 |
| the Director, and the Director shall
certify to him from the | 6 |
| register of eligibles for the position the names
and addresses | 7 |
| (a) of the five candidates standing highest upon the register
| 8 |
| of eligibles for the position, or (b) of the candidates within | 9 |
| the highest
ranking group upon the register of eligibles if the | 10 |
| register is by categories
such as excellent, well qualified, | 11 |
| and qualified, provided, however, that
any certification shall | 12 |
| consist of at least 5 names, if available. The
Director shall | 13 |
| certify names from succeeding categories in the order of
| 14 |
| excellence of the categories until at least 5 names are | 15 |
| provided to the
appointing officer. The appointing officer
| 16 |
| shall notify the Director of each position to be filled | 17 |
| separately and
shall fill the position by appointment of one of | 18 |
| the persons certified
to him by the Director. Appointments | 19 |
| shall be on probation for a period to
be fixed by the rules, | 20 |
| not exceeding one year. At any time during the
period of | 21 |
| probation, the appointing officer with the approval of the
| 22 |
| Director may discharge a person so certified and shall | 23 |
| forthwith notify
the civil service board in writing of this | 24 |
| discharge. If a person is
not discharged, his appointment shall | 25 |
| be deemed complete.
| 26 |
| When there is no eligible list, the appointing officer may, |
|
|
|
SB2292 Enrolled |
- 21 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| with the
authority of the Director, make a temporary | 2 |
| appointment to remain in
force only until a permanent | 3 |
| appointment from an eligible register or
list can be made in | 4 |
| the manner specified in the previous provisions of
this | 5 |
| Section, and examinations to supply an eligible list therefor | 6 |
| shall
be held and an eligible list established therefrom within | 7 |
| one year from
the making of such appointment. The acceptance or | 8 |
| refusal by an eligible person of a temporary appointment does | 9 |
| not affect his standing on the register for permanent | 10 |
| appointment.
| 11 |
| In employment of an essentially
temporary and transitory | 12 |
| nature, the appointing officer may, with the
authority of the | 13 |
| Director of Human Resources Personnel make temporary | 14 |
| appointments. No temporary appointment of an essentially | 15 |
| temporary and
transitory nature may be granted for a period of
| 16 |
| more than 119 consecutive or non-consecutive working days per | 17 |
| calendar year. The Director must
include in his annual report, | 18 |
| and if required by the commissioners, in
any special report, a | 19 |
| statement of all temporary authorities granted
during the year | 20 |
| or period specified by the commissioners, together with
a | 21 |
| statement of the facts in each case because of which the | 22 |
| authority was
granted.
| 23 |
| All laborers shall be appointed by the Executive Director | 24 |
| General Superintendent and shall
be on probation for a period | 25 |
| to be fixed by the rules, not exceeding one year.
| 26 |
| The positions of deputy director of engineering, deputy |
|
|
|
SB2292 Enrolled |
- 22 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| director of monitoring and research, deputy director of | 2 |
| maintenance and operations, chief engineer, assistant director | 3 |
| of engineering, assistant director of maintenance and | 4 |
| operations, chief engineers, deputy general counsel,
attorney, | 5 |
| head assistant attorneys, assistant director of monitoring and | 6 |
| research, research and
development, assistant director of | 7 |
| information technology, comptroller,
assistant treasurer, | 8 |
| assistant director of procurement and materials management, | 9 |
| purchasing agent, and assistant director of human resources | 10 |
| personnel shall be
appointed by the Executive Director General | 11 |
| Superintendent upon the recommendation of
the respective | 12 |
| department head and shall be on probation for a period
to be | 13 |
| fixed by the rules, not exceeding two years. At any time during
| 14 |
| the period of probation, the Executive Director General | 15 |
| Superintendent on the
recommendation of the department head | 16 |
| concerned, may discharge a person
so appointed and he shall | 17 |
| forthwith notify the Civil Service Board in
writing of such | 18 |
| discharge. If a person is not so discharged, his
appointment | 19 |
| shall be deemed complete under the laws governing the
| 20 |
| classified civil service.
| 21 |
| (Source: P.A. 94-680, eff. 11-3-05; 95-345, eff. 1-1-08.)
| 22 |
| (70 ILCS 2605/4.13) (from Ch. 42, par. 323.13)
| 23 |
| Sec. 4.13. The following offices and places of employment, | 24 |
| insofar as there
are or may be such in the sanitary district, | 25 |
| shall not be included within
the classified civil service: All |
|
|
|
SB2292 Enrolled |
- 23 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| elective officers, the director of human resources,
personnel, | 2 |
| the clerk, treasurer, director of engineering, chief engineer, | 3 |
| general counsel, executive director, director of maintenance | 4 |
| and operations, director of procurement and materials | 5 |
| management, director of monitoring and research, attorney, | 6 |
| general
superintendent, chief of maintenance and operation, | 7 |
| purchasing agent,
director of research and development, | 8 |
| director of information
technology, and secretary and | 9 |
| administrative aide
to the president of the board of trustees, | 10 |
| members of the civil service
board and special examiners | 11 |
| appointed by the civil service board and the
secretaries to the | 12 |
| officers and individual trustees, and those employed for
| 13 |
| periods not exceeding 5 years under any apprentice program, | 14 |
| training or
intern programs funded wholly or in part by grants | 15 |
| from the State of
Illinois or the United States of America. | 16 |
| Further, apprentices in a
sanitary district apprenticeship | 17 |
| program for the trades shall not be
included within the | 18 |
| classified civil service. Entry into a sanitary
district | 19 |
| apprenticeship program for the trades shall be by lottery.
| 20 |
| Graduates of a sanitary district apprenticeship program for the | 21 |
| trades
shall be given additional points, in an amount to be | 22 |
| determined by the
Director of Human Resources, Personnel, on | 23 |
| examinations for civil service journeymen
positions in the | 24 |
| trades at the sanitary district.
| 25 |
| (Source: P.A. 87-370; 87-1146.)
|
|
|
|
SB2292 Enrolled |
- 24 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| (70 ILCS 2605/4.32) (from Ch. 42, par. 323.32)
| 2 |
| Sec. 4.32. Persons who were engaged in the military or | 3 |
| naval service of the
United States during the years 1898, 1899, | 4 |
| 1900, 1901, 1902, 1914, 1915,
1916, 1917, 1918, or 1919, any | 5 |
| time between September 16, 1940 and July 25,
1947, or any time | 6 |
| during the national emergency between June 25, 1950 and
January | 7 |
| 31, 1955, and who were honorably discharged therefrom, and all
| 8 |
| persons who were engaged in such military or naval service | 9 |
| during any of
said years, any time between September 16, 1940 | 10 |
| and July 25, 1947, or any
time during the national emergency | 11 |
| between June 25, 1950 and January 31,
1955, or any time from | 12 |
| August 5, 1964 until the date determined by the
Congress of the | 13 |
| United States as the end of Viet Nam hostilities, or at
any | 14 |
| time between August 6, 1990 and the date the Persian Gulf | 15 |
| Conflict ends
as prescribed by Presidential proclamation or | 16 |
| order, who are
now or may hereafter be on inactive or reserve | 17 |
| duty in such military or
naval service, not including, however, | 18 |
| persons who were convicted by
court-martial of disobedience of | 19 |
| orders, where such disobedience consisted
in the refusal to | 20 |
| perform military service on the ground of alleged
religious or | 21 |
| conscientious objections against war, shall be preferred for
| 22 |
| appointments to offices, positions and places of employment in | 23 |
| the
classified service of the District, provided they are found | 24 |
| to possess the
business capacity necessary for the proper | 25 |
| discharge of the duties of such
office, position, or place of | 26 |
| employment as determined by examination for
original entrance. |
|
|
|
SB2292 Enrolled |
- 25 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| The Director of Human Resources Personnel on certifying from | 2 |
| any existing
register of eligibles resulting from the holding | 3 |
| of an examination for
original entrance or any register of | 4 |
| eligibles that may be hereafter
created of persons who have | 5 |
| taken and successfully passed the examinations
provided for in | 6 |
| this Act for original entrance commenced prior to September
1, | 7 |
| 1949, shall place the name or names of such persons at the head | 8 |
| of any
existing eligible register or list of eligibles that | 9 |
| shall be created under
the provisions of this Act to be | 10 |
| certified for appointment. The Director
of Human Resources | 11 |
| Personnel shall give preference for original appointment to | 12 |
| persons as
hereinabove designated whose names appear on any | 13 |
| register of eligibles
resulting from an examination for | 14 |
| original entrance held under the
provisions of this Act and | 15 |
| commenced on or after September 1, 1949 by
adding to the final | 16 |
| grade average which they received or will receive as
the result | 17 |
| of any examination held for original entrance, five points. The
| 18 |
| numerical result thus attained shall be applied by the Director | 19 |
| of Human Resources Personnel
in determining the position of | 20 |
| such persons on any eligible list which has
been created as the | 21 |
| result of any examination for original entrance
commenced on or | 22 |
| after September 1, 1949 for purposes of preference in
| 23 |
| certification and appointment from such eligible list.
| 24 |
| Every certified Civil Service employee who was called to, | 25 |
| or who
volunteered for, the military or naval service of the | 26 |
| United States at any
time during the years specified in this |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| Act, or at any time between
September 16, 1940 and July 25, | 2 |
| 1947 or any time during the national
emergency between June 25, | 3 |
| 1950 and January 31, 1955, or any time from
August 5, 1964 | 4 |
| until the date determined by Congress of the United States
as | 5 |
| the end of Viet Nam hostilities, or at any time between August | 6 |
| 6, 1990
and the date the Persian Gulf conflict ends as | 7 |
| prescribed by Presidential
proclamation or order, and who were
| 8 |
| honorably discharged therefrom or who are now or who may | 9 |
| hereafter be on
inactive or reserve duty in such military or | 10 |
| naval service, not including,
however, persons who were | 11 |
| convicted by court martial of disobedience of
orders where such | 12 |
| disobedience consisted in the refusal to perform military
| 13 |
| service on the ground of alleged religious or conscientious | 14 |
| objections
against war, and whose names appear on existing | 15 |
| promotional eligible
registers or any promotional eligible | 16 |
| register that may hereafter be
created, as provided for by this | 17 |
| Act, shall be preferred for promotional
appointment to civil | 18 |
| offices, positions and places of employment in the
classified | 19 |
| civil service of the District coming under the provisions of
| 20 |
| this Act.
| 21 |
| The Director of Human Resources Personnel shall give | 22 |
| preference for promotional
appointment to persons as | 23 |
| hereinabove designated whose names appear on
existing | 24 |
| promotional eligible registers or promotional eligible | 25 |
| registers
that may hereafter be created by adding to the final | 26 |
| grade average which
they received or will receive as the result |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| of any promotional examination
commencing prior to September 1, | 2 |
| 1949 three-fourths of one point for each 6
months or fraction | 3 |
| thereof of military or naval service not exceeding 48
months, | 4 |
| and by adding to the final grade average which they will | 5 |
| receive as
the result of any promotional examination held | 6 |
| commencing on or after
September 1, 1949 seven-tenths of one | 7 |
| point for each 6 months or fraction
thereof of military or | 8 |
| naval service not exceeding 30 months. The numerical
result | 9 |
| thus attained shall be applied by the Director of Human | 10 |
| Resources Personnel in
determining the position of such persons | 11 |
| on any eligible list which has
been created or will be created | 12 |
| as the result of any promotional
examination held hereunder for | 13 |
| purposes of preference in certification and
appointment from | 14 |
| such eligible list.
| 15 |
| No person shall receive the preference for a promotional | 16 |
| appointment
granted by this Section after he has received one | 17 |
| promotion from an
eligible list on which he was allowed such | 18 |
| preference and which was
prepared as a result of an examination | 19 |
| held on or after September 1, 1949.
| 20 |
| No person entitled to preference or credit for military or | 21 |
| naval service
hereunder shall be required to furnish evidence | 22 |
| or record of honorable
discharge from the armed forces before | 23 |
| any examination held under the
provisions of this Act but such | 24 |
| preference shall be given after the posting
or publication of | 25 |
| the eligible list or register and before any
certification or | 26 |
| appointments are made from the eligible register.
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| (Source: P.A. 86-324; 87-945.)
| 2 |
| (70 ILCS 2605/4.38) (from Ch. 42, par. 323.38)
| 3 |
| Sec. 4.38. Any person who first becomes employed under this | 4 |
| Act after
December 31, 1987, or any former employee who
returns | 5 |
| to employment after that date, must be domiciled within the
| 6 |
| territorial boundaries of the sanitary district; provided that | 7 |
| an employee
on probationary status shall not be required to be | 8 |
| domiciled within
the territorial boundaries until 6 months | 9 |
| after successful
completion of probation. Failure to comply | 10 |
| with the requirements of this
Section shall be cause for | 11 |
| removal or discharge from employment.
| 12 |
| The Director of Human Resources Personnel is authorized to | 13 |
| waive this requirement for any
person assigned to a facility | 14 |
| located outside of the territorial boundaries.
| 15 |
| (Source: P.A. 85-393.)
| 16 |
| (70 ILCS 2605/5.4) (from Ch. 42, par. 324n)
| 17 |
| Sec. 5.4. The executive director general superintendent | 18 |
| shall prepare the budget for the
district and shall submit the | 19 |
| proposed budget to the board of trustees
which shall make such | 20 |
| changes as it deems desirable and shall approve the
budget. The | 21 |
| content of the budget shall be substantially as follows:
| 22 |
| (1) A budgetary message which sets forth the fiscal policy | 23 |
| of the
district for the fiscal year, describing in connection | 24 |
| therewith the
programs and the cost of performance to achieve |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| the objectives of the
district relating to drainage, sewage | 2 |
| collection, sewage treatment and
solids disposals including | 3 |
| unit costs whenever ascertainable, in such a
manner that | 4 |
| indirect cost to achieve such objectives will be set apart for
| 5 |
| purpose of cost analysis. The message also should include a | 6 |
| general budget
summary setting forth the aggregate figures of | 7 |
| the budget to show the
balanced relationship between the total | 8 |
| proposed expenditures and the total
anticipated receipts and | 9 |
| other means of financing the budget for the
ensuing fiscal | 10 |
| year, contrasted with the actual receipt and disbursement
| 11 |
| figures for the preceding year and the estimated figures for | 12 |
| the current
year.
| 13 |
| (2) The several estimates, statements, and other detail, | 14 |
| set forth in
Section 5.3 of this Act.
| 15 |
| (3) Complete drafts of the proposed appropriation | 16 |
| ordinance, tax levy
ordinance, and other ordinances required to | 17 |
| give legal sanction to the
appropriations when approved and | 18 |
| adopted by the board of trustees of the
district.
| 19 |
| (Source: P.A. 76-1910.)
| 20 |
| (70 ILCS 2605/5.5) (from Ch. 42, par. 324o)
| 21 |
| Sec. 5.5. At least 60 days prior to the beginning of the | 22 |
| budget year, the
heads of all departments of the district shall | 23 |
| prepare and submit to the executive director
general | 24 |
| superintendent detailed estimates of expenditure requirements | 25 |
| with
respect to the contributions each department or |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| organizational unit is
expected to make in achieving approved | 2 |
| program objectives for the budget
year, compared with the | 3 |
| actual figures of the preceding year and the
estimated figures | 4 |
| for the current year. The expenditure estimates must be
in | 5 |
| detail and must be classified to set forth the data by funds,
| 6 |
| organization units, objects, character, and functions | 7 |
| (activities) of
expenditures in accordance with the | 8 |
| classification of expenditure accounts
adopted, or hereafter | 9 |
| adopted, by the board of trustees. The detailed
estimates of | 10 |
| expenditure shall be accompanied by written statements of
| 11 |
| specific objectives to be achieved, the cost of achieving these | 12 |
| objectives
and supporting work units and unit cost data | 13 |
| wherever applicable.
| 14 |
| Within 15 days after the receipt of the department | 15 |
| expenditure
estimates, the executive director general | 16 |
| superintendent shall prepare and submit to the board
of | 17 |
| trustees a sufficient number of complete copies of the | 18 |
| departmental
estimates of expenditures together with the | 19 |
| aggregate expenditure estimates
in detail and his own estimate | 20 |
| of receipts of the district for the ensuing
fiscal year. The | 21 |
| estimates of receipts must be in detail and must be
classified | 22 |
| to show the receipts by funds, and the several sources of
| 23 |
| receipts, including the proceeds to be derived from the sale of | 24 |
| bonds, or
other property, and must be in accordance with the | 25 |
| classification of
revenue accounts now or hereafter adopted by | 26 |
| the board of trustees.
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| The board of trustees shall review the estimates both of | 2 |
| anticipated
receipts and of anticipated expenditures, adding | 3 |
| to, altering, revising,
increasing or decreasing the items of | 4 |
| the estimates as it deems necessary
in view of the needs and | 5 |
| available and probable receipts of the district.
The board of | 6 |
| trustees shall then prepare a tentative budget setting forth
| 7 |
| the detailed estimates both of expenditures and receipts | 8 |
| together with all
supporting schedules, summary statements, | 9 |
| drafts of the appropriation
ordinance, tax levy ordinance and | 10 |
| other ordinances necessary to give effect
to the budget, in the | 11 |
| form provided in Section 5.4 of this Act.
| 12 |
| (Source: P.A. 76-1910.)
| 13 |
| (70 ILCS 2605/5.7) (from Ch. 42, par. 324q)
| 14 |
| Sec. 5.7. The board of trustees of the district shall | 15 |
| consider the budget
estimates as submitted to it by the | 16 |
| executive director general superintendent and may add to,
| 17 |
| revise, alter, increase or decrease the items contained in the | 18 |
| budget.
However, in no event may the total aggregate proposed | 19 |
| expenditures in the
budget exceed the total estimated means of | 20 |
| financing the budget.
| 21 |
| The board of trustees shall, before January first of the | 22 |
| budget year,
adopt the budget which is effective on January | 23 |
| first of the budget year.
The appropriation ordinance and tax | 24 |
| levy ordinance must be parts of the
budget and must be adopted | 25 |
| as a part thereof by single action of the board
of trustees. |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| The appropriation ordinance must be filed with and be a part
of | 2 |
| the tax levy ordinance, which tax levy ordinance need not | 3 |
| contain any
further or additional specifications of purposes, | 4 |
| itemizations or details
for which appropriations and the levy | 5 |
| are made. The board of trustees shall
appropriate such sums of | 6 |
| money as may be necessary to defray all necessary
expenses and | 7 |
| liabilities of the district to be paid by the board of
trustees | 8 |
| or incurred during and until the time of the adoption and
| 9 |
| effective date of the next annual appropriation ordinance under | 10 |
| this
Section. The board of trustees shall appropriate such sums | 11 |
| of money as may
be necessary to pay the principal and interest | 12 |
| on bonds. The board may not
expend any money or incur any | 13 |
| indebtedness or liability on behalf of the
district in excess | 14 |
| of the percentage and several amounts limited by law,
when | 15 |
| applied to the last known assessment. The appropriation | 16 |
| ordinance must
specify the several funds, organization units, | 17 |
| objects, character and
functions (activities) for which such | 18 |
| appropriations are made, and the
amount appropriated for each | 19 |
| fund, organization unit, object, character,
and function | 20 |
| (activity). The receipts of the district as estimated in the
| 21 |
| budget and as provided for by the tax levy ordinances and other | 22 |
| revenues
and borrowing Acts or ordinances are applicable in the | 23 |
| amounts and
according to the funds specified in the budget for | 24 |
| the purpose of meeting
the expenditures authorized by the | 25 |
| appropriate ordinance. The vote of the
board of trustees upon | 26 |
| the budget shall be taken by yeas and nays, and
shall be |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| entered in the proceedings of the board of trustees.
| 2 |
| The appropriation ordinance may be amended at the next | 3 |
| regular meeting
of the board of trustees occurring before | 4 |
| January first of the budget year
and not less than 5 days after | 5 |
| the passage thereof in like manner as other
ordinances. If any | 6 |
| items of appropriations contained therein are vetoed by
the | 7 |
| president of the board, with recommendations for alterations or | 8 |
| changes
therein, the adoption of such recommendations by a yea | 9 |
| and nay vote is the
equivalent of an amendment of such annual | 10 |
| appropriation ordinance with like
effect as if an amendatory | 11 |
| ordinance had been passed.
| 12 |
| Such appropriation ordinance together with other parts of | 13 |
| the budget as
the board of trustees desire must be published in | 14 |
| a newspaper of general
circulation in the district and made | 15 |
| conveniently available for inspection
by the public. Such | 16 |
| publication must be made after the date of passage of
such | 17 |
| budget and before January 20 of the budget year, but the
date | 18 |
| of publication does not affect the legality of the | 19 |
| appropriation
ordinance or the tax levy ordinance or any other | 20 |
| ordinances necessary to
give effect to the budget. Such | 21 |
| ordinances are effective on the first day
of January of the | 22 |
| budget year.
| 23 |
| The Clerk shall certify that such appropriation ordinance | 24 |
| as published
is a true, accurate and complete copy of the | 25 |
| appropriation ordinance as
passed and approved by the board of | 26 |
| trustees. The board of trustees shall
also make public, by |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| publication or otherwise, at this time, the tax rate
necessary | 2 |
| or estimated to be necessary to finance the budget as adopted.
| 3 |
| After adoption of the appropriation ordinance, the board of | 4 |
| trustees may
not make any further or other appropriation prior | 5 |
| to the adoption or
passage of the next succeeding annual | 6 |
| appropriation ordinance. The board
has no power, either | 7 |
| directly or indirectly, to make any contract or to
take any | 8 |
| action which adds to the total of district expenditures or
| 9 |
| liabilities in any budget year any sum over and above the | 10 |
| amount provided
for in the annual appropriation ordinance for | 11 |
| the budget year. However, the
board of trustees has the power, | 12 |
| anything in this Act to the contrary
notwithstanding, if after | 13 |
| the adoption of the appropriation ordinance (1)
federal or | 14 |
| State grants or loans are accepted, (2) the voters approve a
| 15 |
| bond ordinance for a particular purpose or the issuance of | 16 |
| bonds is
otherwise authorized by law, or (3) duly authorized | 17 |
| bonds of the district
remaining unissued and unsold have been | 18 |
| cancelled and any ordinance has
been adopted by the board of | 19 |
| trustees under Section 9 of this Act
authorizing the issuance | 20 |
| of bonds not exceeding in the aggregate the amount
of bonds so | 21 |
| cancelled, to pass a supplemental appropriation ordinance (in
| 22 |
| compliance with the provisions of this Act as to publication | 23 |
| and voting
thereon by the board of trustees) making | 24 |
| appropriation, for the particular
purpose only as set forth in | 25 |
| the ordinance, of the proceeds of the grants,
loans, or bond | 26 |
| issue or any part thereof required to be expended during the
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| fiscal year. However, nothing herein contained prevents the | 2 |
| board of
trustees, by a concurring vote of two-thirds of all | 3 |
| the trustees (votes to
be taken by yeas and nays and entered in | 4 |
| the proceeding of the board of
trustees), from making any | 5 |
| expenditures or incurring any liability rendered
necessary to | 6 |
| meet emergencies such as epidemics, flood, fire, unforeseen
| 7 |
| damages or other catastrophes, happening after the annual
| 8 |
| appropriation ordinance has been passed or adopted, nor does | 9 |
| anything
herein deprive the board of trustees of the power to | 10 |
| provide for and cause to
be paid from the district funds any | 11 |
| charge upon the district imposed by law
without the action of | 12 |
| the board of trustees.
| 13 |
| (Source: P.A. 90-655, eff. 7-30-98.)
| 14 |
| (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
| 15 |
| Sec. 7a. Discharge into sewers of a sanitary district.
| 16 |
| (a) The terms used
in this Section are defined as follows:
| 17 |
| "Board of Commissioners" means the Board of Commissioners | 18 |
| of the
sanitary district.
| 19 |
| "Sewage" means water-carried human wastes or a combination | 20 |
| of
water-carried wastes from residences, buildings, | 21 |
| businesses, industrial
establishments, institutions, or other | 22 |
| places together with any ground,
surface,
storm, or other water | 23 |
| that may be present.
| 24 |
| "Industrial Wastes" means all solids, liquids, or gaseous | 25 |
| wastes
resulting from any commercial, industrial, |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| manufacturing, agricultural, trade,
or
business operation or | 2 |
| process, or from the development, recovery, or processing
of | 3 |
| natural resources.
| 4 |
| "Other Wastes" means decayed wood, sawdust, shavings, | 5 |
| bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals, | 6 |
| and all other substances
except
sewage and industrial wastes.
| 7 |
| "Person" means any individual, firm, association, joint | 8 |
| venture,
sole proprietorship, company, partnership, estate | 9 |
| copartnership, corporation,
joint stock company, trust, school | 10 |
| district,
unit of local government, or private corporation | 11 |
| organized or existing under
the laws of this or any other state | 12 |
| or country.
| 13 |
| "Executive Director" "General Superintendent" means the | 14 |
| executive director general superintendent of the
sanitary | 15 |
| district.
| 16 |
| (b) It shall be unlawful for any person to discharge | 17 |
| sewage, industrial
waste, or other wastes into the sewerage | 18 |
| system of a sanitary district or into
any sewer connected | 19 |
| therewith, except upon the terms and conditions that the
| 20 |
| sanitary district might reasonably impose by way of ordinance, | 21 |
| permit, or
otherwise.
| 22 |
| Any sanitary district, in addition to all other powers | 23 |
| vested in it and in
the interest of public health and safety, | 24 |
| or as authorized by subsections (b)
and (c) of Section 46 of | 25 |
| the Environmental Protection Act, is hereby empowered
to pass | 26 |
| all ordinances, rules, or regulations necessary to implement |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| this
Section, including but not limited to, the imposition of | 2 |
| charges based on
factors that influence the cost of treatment, | 3 |
| including strength and volume,
and including the right of | 4 |
| access during reasonable hours to the premises of a
person for | 5 |
| enforcement of adopted ordinances, rules, or regulations.
| 6 |
| (c) Whenever the sanitary district acting through the | 7 |
| executive director general superintendent
determines that | 8 |
| sewage, industrial wastes, or other wastes are being discharged
| 9 |
| into the sewerage system and when, in the opinion of the | 10 |
| executive director general superintendent
the discharge is in | 11 |
| violation of an ordinance, rules, or regulations adopted by
the | 12 |
| Board of Commissioners under this Section governing industrial | 13 |
| wastes or
other wastes, the executive director general
| 14 |
| superintendent shall order the offending party to cease and | 15 |
| desist. The order
shall be served by certified mail or | 16 |
| personally
on the owner, officer, registered agent, or | 17 |
| individual designated by permit.
| 18 |
| In the event the offending party fails or refuses to | 19 |
| discontinue the
discharge within 90 days after notification of | 20 |
| the cease and desist order, the executive director
general | 21 |
| superintendent may order the offending party to show
cause | 22 |
| before the Board of Commissioners of the sanitary district why | 23 |
| the
discharge should not be discontinued. A notice shall be | 24 |
| served on the
offending party directing him, her, or it to show | 25 |
| cause before the Board of
Commissioners why an order should not | 26 |
| be entered directing the discontinuance
of the discharge. The |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| notice shall specify the time and place where a hearing
will be | 2 |
| held
and shall be served personally or by registered or | 3 |
| certified mail at least 10
days before the hearing; and in the | 4 |
| case of a unit of local government or a
corporation the service | 5 |
| shall be upon an officer or agent thereof. After
reviewing the | 6 |
| evidence, the Board of Commissioners may issue an order to the
| 7 |
| party responsible for the discharge, directing that within a | 8 |
| specified period
of
time the
discharge be discontinued. The | 9 |
| Board of Commissioners may also order the party
responsible for | 10 |
| the discharge to pay a civil penalty in an amount specified
by | 11 |
| the Board of Commissioners that is not less than $100 nor more | 12 |
| than $2,000
per day for each day of discharge of effluent in | 13 |
| violation of this Act as
provided in subsection (d). The Board | 14 |
| of Commissioners may also order the
party responsible for the | 15 |
| violation to pay court reporter costs and hearing
officer fees | 16 |
| in a total amount not exceeding $3,000.
| 17 |
| (d) The Board of Commissioners shall establish procedures | 18 |
| for assessing
civil penalties and issuing orders under | 19 |
| subsection (c) as follows:
| 20 |
| (1) In making its orders and determinations, the Board | 21 |
| of Commissioners
shall take into consideration all the | 22 |
| facts and circumstances bearing on the
activities involved | 23 |
| and the assessment of civil penalties as shown by the
| 24 |
| record produced at the hearing.
| 25 |
| (2) The Board of Commissioners shall establish a panel | 26 |
| of independent
hearing officers to conduct all hearings on |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| the assessment of civil penalties
and issuance of orders | 2 |
| under subsection (c). The hearing officers shall be
| 3 |
| attorneys licensed to practice law in this State.
| 4 |
| (3) The Board of Commissioners shall promulgate | 5 |
| procedural rules governing
the proceedings, the assessment | 6 |
| of civil penalties, and the issuance of orders.
| 7 |
| (4) All hearings shall be on the record, and testimony | 8 |
| taken must be under
oath and recorded stenographically. | 9 |
| Transcripts so recorded must be made
available to any | 10 |
| member of the public or any party to the hearing upon | 11 |
| payment
of the usual charges for transcripts. At the | 12 |
| hearing, the hearing officer may
issue, in the name of the | 13 |
| Board of Commissioners, notices of hearing requesting
the | 14 |
| attendance and testimony of witnesses and the production of | 15 |
| evidence
relevant to any matter involved in the hearing and | 16 |
| may examine witnesses.
| 17 |
| (5) The hearing officer shall conduct a full and | 18 |
| impartial hearing on the
record, with an opportunity for | 19 |
| the presentation
of evidence and cross-examination of the | 20 |
| witnesses. The hearing officer shall
issue findings of | 21 |
| fact, conclusions of law, a recommended civil penalty, and | 22 |
| an
order based solely on the record. The hearing officer | 23 |
| may also recommend, as
part of the order, that the | 24 |
| discharge of industrial waste be discontinued
within a | 25 |
| specified time.
| 26 |
| (6) The findings of fact, conclusions of law, |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| recommended civil penalty,
and
order shall be transmitted | 2 |
| to the Board of Commissioners along with
a complete record | 3 |
| of the hearing.
| 4 |
| (7) The Board of Commissioners shall either approve or | 5 |
| disapprove the
findings
of fact, conclusions of law, | 6 |
| recommended civil penalty, and order. If the
findings of | 7 |
| fact, conclusions of law, recommended civil penalty, or | 8 |
| order are
rejected,
the Board of Commissioners shall remand | 9 |
| the matter to the hearing officer for
further proceedings. | 10 |
| If the order is accepted by the Board of Commissioners, it
| 11 |
| shall constitute the final order of the Board of | 12 |
| Commissioners.
| 13 |
| (8) (Blank).
| 14 |
| (9) The civil penalty specified by the Board of | 15 |
| Commissioners shall be
paid
within 35 days after the party | 16 |
| on whom it is imposed receives a written copy
of the order | 17 |
| of the Board of Commissioners, unless the person or persons | 18 |
| to
whom the order is issued seeks judicial review under | 19 |
| paragraph (8).
| 20 |
| (10) If the respondent seeks judicial review of the | 21 |
| order assessing civil
penalties, the respondent shall, | 22 |
| within 35 days after the date of the final
order, pay the | 23 |
| amount of the civil penalties into an escrow account | 24 |
| maintained
by the district for that purpose or file a bond | 25 |
| guaranteeing payment of the
civil
penalties if the civil | 26 |
| penalties are upheld on review.
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| (11) Civil penalties not paid by the times specified | 2 |
| above shall be
delinquent
and subject to a lien recorded | 3 |
| against the property of the person ordered to
pay the | 4 |
| penalty.
The foregoing provisions for asserting liens | 5 |
| against real estate by the
sanitary
district shall be in | 6 |
| addition to and not in derogation of any other remedy or
| 7 |
| right of
recovery, in law or equity, that the sanitary | 8 |
| district may have with respect
to the collection
or | 9 |
| recovery of penalties and charges imposed by the sanitary | 10 |
| district.
Judgment in a civil action brought by the | 11 |
| sanitary district to recover or
collect the charges shall | 12 |
| not operate as a release and waiver of the lien upon
the | 13 |
| real estate for the amount of the judgment. Only | 14 |
| satisfaction of the
judgment or the filing of a release or | 15 |
| satisfaction of lien shall release the
lien.
| 16 |
| (e) The executive director general superintendent may | 17 |
| order a person to cease the discharge of
industrial waste upon | 18 |
| a finding by the executive director general superintendent that | 19 |
| the final
order of the Board of Commissioners entered after a | 20 |
| hearing to show cause has
been violated. The executive director | 21 |
| general superintendent shall serve the person with a copy
of | 22 |
| his or her order either by certified mail or personally by | 23 |
| serving
the owner, officer, registered agent, or individual | 24 |
| designated by permit.
The order of the executive director | 25 |
| general superintendent shall also
schedule an expedited | 26 |
| hearing before a hearing officer designated by
the Board of |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| Commissioners
for the purpose of determining whether the | 2 |
| company has violated the final order
of the Board of | 3 |
| Commissioners. The Board of Commissioners shall adopt rules of
| 4 |
| procedure governing expedited hearings. In no event shall the | 5 |
| hearing be
conducted less than 7 days after receipt by the | 6 |
| person of the executive director's general
superintendent's | 7 |
| order.
| 8 |
| At the conclusion of the expedited hearing, the hearing | 9 |
| officer shall prepare
a report with his or her findings and | 10 |
| recommendations and transmit it to the
Board of
Commissioners. | 11 |
| If the Board of Commissioners, after reviewing the findings and
| 12 |
| recommendations, and the record produced at the hearings, | 13 |
| determines that the
person has violated the Board of | 14 |
| Commissioner's final order, the Board of
Commissioners may | 15 |
| authorize the plugging
of the sewer. The executive director | 16 |
| general superintendent shall give not less than 10 days
written | 17 |
| notice of the Board of Commissioner's order to the owner,
| 18 |
| officer, registered agent, or individual designated by permit, | 19 |
| as well as the
owner of record of the real estate and other | 20 |
| parties known to be affected, that
the
sewer will be plugged.
| 21 |
| The foregoing provision for plugging a sewer shall be in | 22 |
| addition to and not
in derogation of any other remedy, in law | 23 |
| or in equity, that the district may
have
to prevent violation | 24 |
| of its ordinances and orders of its Board of
Commissioners.
| 25 |
| (f) A violation of the final order of the Board of | 26 |
| Commissioners shall be
considered a nuisance. If any person |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| discharges sewage, industrial wastes, or
other wastes into any | 2 |
| waters contrary to the final order of the Board of
| 3 |
| Commissioners, the sanitary district acting through the | 4 |
| executive director general superintendent
has the power to | 5 |
| commence an action or proceeding in the circuit court in and
| 6 |
| for the county in which the sanitary district is located for | 7 |
| the purpose of
having the discharge stopped either by mandamus | 8 |
| or injunction, or to remedy the
violation in any manner | 9 |
| provided for in this Section.
| 10 |
| The court shall specify a time, not exceeding 20 days after | 11 |
| the service of
the copy of the complaint, in which the party | 12 |
| complained of must plead to the
complaint, and in the meantime, | 13 |
| the party may be restrained. In case of
default or after | 14 |
| pleading, the court shall immediately inquire into the facts
| 15 |
| and circumstances of the case and enter an appropriate judgment | 16 |
| in respect to
the matters complained of. Appeals may be taken | 17 |
| as in other civil cases.
| 18 |
| (g) The sanitary district, acting through the executive | 19 |
| director general superintendent , has
the
power to commence an | 20 |
| action or proceeding for mandamus or injunction in the
circuit | 21 |
| court ordering a person to cease its discharge, when, in the | 22 |
| opinion of
the executive director general superintendent , the | 23 |
| person's discharge presents an imminent danger
to the public | 24 |
| health, welfare, or safety, presents or may present an
| 25 |
| endangerment to the environment, or threatens to interfere with | 26 |
| the
operation of the sewerage system or a water reclamation |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| plant under the
jurisdiction of the sanitary district. The | 2 |
| initiation of a show cause hearing
is not a prerequisite to the | 3 |
| commencement by the sanitary district of an action
or | 4 |
| proceeding for mandamus or injunction in the circuit court. The | 5 |
| court shall
specify a time, not exceeding 20 days after the | 6 |
| service of a copy of the
petition, in which the party | 7 |
| complained of must answer the petition, and in the
meantime, | 8 |
| the party may be restrained. In case of default in answer or | 9 |
| after
answer, the court shall immediately inquire into the | 10 |
| facts and circumstances of
the case and enter an appropriate | 11 |
| judgment order in respect to the matters
complained of. An | 12 |
| appeal may be taken from the final judgment in the same
manner | 13 |
| and with the same effect as appeals are taken from judgment of | 14 |
| the
circuit court in other actions for mandamus or injunction.
| 15 |
| (h) Whenever the sanitary district commences an action | 16 |
| under subsection (f)
of this Section, the court shall assess a | 17 |
| civil penalty of not less than
$1,000 nor more than $10,000 for | 18 |
| each day the person violates a Board order.
Whenever the | 19 |
| sanitary district commences an action under subsection (g) of | 20 |
| this
Section, the court shall assess a civil penalty of not | 21 |
| less than $1,000 nor
more than $10,000 for
each day the person | 22 |
| violates the ordinance. Each
day's continuance
of the violation | 23 |
| is a separate offense. The penalties provided in this Section
| 24 |
| plus interest at the rate set forth in the Interest Act on | 25 |
| unpaid penalties,
costs, and fees, imposed by the Board of | 26 |
| Commissioners under subsection (d),
the reasonable costs to the |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| sanitary district of removal or other remedial
action caused by | 2 |
| discharges in violation of this Act, reasonable attorney's
| 3 |
| fees, court costs, and other expenses of litigation together | 4 |
| with costs for
inspection, sampling, analysis, and | 5 |
| administration related to the enforcement
action against the | 6 |
| offending party are recoverable by the sanitary district in
a | 7 |
| civil action.
| 8 |
| (i) The Board of Commissioners may establish fees for late | 9 |
| filing of reports
with the sanitary district required by an | 10 |
| ordinance governing discharges. The
sanitary district
shall | 11 |
| provide by certified mail a written notice of the fee | 12 |
| assessment that
states the person has 30 days after the receipt | 13 |
| of the notice to request a
conference with the executive | 14 |
| director's general superintendent's designee to discuss or | 15 |
| dispute
the appropriateness of the assessed fee. Unless a | 16 |
| person objects to paying the
fee for filing a report late by | 17 |
| timely requesting in writing a conference with
a designee of | 18 |
| the executive director general superintendent , that person | 19 |
| waives his or her right
to a conference and the sanitary | 20 |
| district may impose a lien recorded against
the property of
the
| 21 |
| person for the amount of the unpaid fee.
| 22 |
| If a person requests a conference and the matter is not | 23 |
| resolved at the
conference, the person subject to the fee may | 24 |
| request an administrative hearing
before an impartial hearing | 25 |
| officer appointed under subsection (d) to
determine the | 26 |
| person's liability for and the amount of the fee.
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| If the hearing officer finds that the late filing fees are | 2 |
| owed to the
sanitary district, the sanitary district shall | 3 |
| notify the responsible person or
persons of the hearing | 4 |
| officer's decision. If payment is not made within 30
days after | 5 |
| the notice, the sanitary district may impose a lien on the | 6 |
| property
of the person or persons.
| 7 |
| Any liens filed under this subsection shall apply only to | 8 |
| the property to
which the late filing fees are related. A claim | 9 |
| for lien shall be filed in the
office of the recorder of the | 10 |
| county in which the property is located. The
filing of a claim | 11 |
| for lien by the district does not prevent the sanitary
district | 12 |
| from pursuing other means for collecting late filing fees. If a | 13 |
| claim
for lien is filed, the sanitary district shall notify the | 14 |
| person whose property
is subject to the lien, and the person | 15 |
| may challenge the lien by filing an
action in the circuit | 16 |
| court. The action shall be filed within
90 days after the | 17 |
| person receives the notice of the filing of the claim for
lien. | 18 |
| The court shall hear evidence concerning the underlying reasons | 19 |
| for the
lien only if an administrative hearing has not been | 20 |
| held under this subsection.
| 21 |
| (j) If the provisions of any paragraph of this Section are | 22 |
| declared
unconstitutional or invalid by the final decision of | 23 |
| any court of competent
jurisdiction, the provisions of the | 24 |
| remaining paragraphs continue in effect.
| 25 |
| (k) Nothing in this Section eliminates any of the powers | 26 |
| now granted to
municipalities having a population of 500,000 or |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| more as to design, preparation
of plans, and construction, | 2 |
| maintenance, and operation of sewers and sewerage
systems, or | 3 |
| for the control and elimination or prevention of the pollution | 4 |
| of
their waters or waterways, in the Illinois Municipal Code or | 5 |
| any other Act of
the State of Illinois.
| 6 |
| (l) The provisions of the Administrative Review Law and all | 7 |
| amendments and
rules adopted pursuant to that Law apply to and | 8 |
| govern all proceedings for
the judicial review of final | 9 |
| administrative decisions of the Board of
Commissioners in the | 10 |
| enforcement of any ordinance, rule, or regulation adopted
under | 11 |
| this Act.
| 12 |
| (Source: P.A. 90-354, eff. 8-8-97; 91-925, eff. 7-7-00.)
| 13 |
| (70 ILCS 2605/7aa) (from Ch. 42, par. 326aa)
| 14 |
| Sec. 7aa. The sanitary district has the power and authority | 15 |
| to prevent the
pollution of any waters from which a water | 16 |
| supply may be obtained by any
city, town or village within the | 17 |
| district. The sanitary district acting
through the executive | 18 |
| director general superintendent has the power to commence an | 19 |
| action or
proceeding in the circuit court in and for the county | 20 |
| in which the district
is located for the purpose of having the | 21 |
| pollution stopped and prevented
either by mandamus or | 22 |
| injunction. The court shall specify a time, not
exceeding 20 | 23 |
| days after the service of the copy of the petition, in which
| 24 |
| the party complained of must answer the petition, and in the | 25 |
| meantime, the
party be restrained. In case of default in answer |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| or after answer, the
court shall immediately inquire into the | 2 |
| facts and circumstances of the
case and enter an appropriate | 3 |
| judgment order in respect to the matters
complained of. An | 4 |
| appeal may be taken from the final judgment in the same
manner | 5 |
| and with the same effect as appeals are taken from judgments of | 6 |
| the
circuit court in other actions for mandamus or injunction.
| 7 |
| (Source: Laws 1967, p. 623.)
| 8 |
| (70 ILCS 2605/7f) (from Ch. 42, par. 326f)
| 9 |
| Sec. 7f. Regulation of connecting sewerage systems.
| 10 |
| (a) It shall be unlawful for any person to construct or | 11 |
| install
any sewerage system that discharges sewage, industrial | 12 |
| wastes, or
other wastes, directly or indirectly, into the | 13 |
| sewerage system of the sanitary
district, unless a written | 14 |
| permit for the sewerage system has been granted by
the sanitary | 15 |
| district acting through the executive director general | 16 |
| superintendent .
The sanitary district shall specify by | 17 |
| ordinance the changes, additions, or
extensions to an existing | 18 |
| sewerage system that will require a permit.
No changes,
| 19 |
| additions, or extensions to any existing sewerage systems | 20 |
| discharging sewage,
industrial wastes, or other wastes into the | 21 |
| sewerage system of the sanitary
district, that requires a | 22 |
| permit, may be made until plans for the changes,
additions, or | 23 |
| extensions
have been submitted to and a written permit obtained | 24 |
| from the sanitary district
acting through the executive | 25 |
| director general superintendent ; provided, however, that this
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| Section is not applicable in any municipality having a | 2 |
| population of more
than 500,000.
| 3 |
| (b) Sewerage systems shall be operated in accordance with | 4 |
| the ordinances of
the sanitary district. The Board of | 5 |
| Commissioners of any sanitary district is
authorized to
| 6 |
| regulate, limit, extend, deny, or otherwise control any new or | 7 |
| existing
connection, addition, or extension to any sewer or | 8 |
| sewerage system which
directly or indirectly discharges into | 9 |
| the sanitary district sewerage system.
The Board shall adopt | 10 |
| standards and specifications for construction, operation,
and | 11 |
| maintenance. This Section shall not apply to sewerage systems | 12 |
| under the
jurisdiction of any city, village, or incorporated | 13 |
| town having a population of
500,000 or more.
| 14 |
| (c) The Board of Commissioners of any sanitary district is | 15 |
| hereby authorized
to pass all necessary ordinances to carry out | 16 |
| the aforementioned powers. The
ordinances may provide for a | 17 |
| civil penalty for each offense of not less than
$100 nor more | 18 |
| than $1,000. Each day's continuance of the violation shall be a
| 19 |
| separate offense. Hearings for violations of the ordinances | 20 |
| adopted by the
Board of Commissioners may be conducted by the | 21 |
| Board of Commissioners or its
designee.
| 22 |
| (d) Plans and specifications for any sewerage system | 23 |
| covered by this Act
must be submitted to the sanitary district | 24 |
| before a written permit may be
issued and the construction of | 25 |
| any sewerage system must be in accordance
with the plans and | 26 |
| specifications. In case it is necessary or desirable to
make |
|
|
|
SB2292 Enrolled |
- 50 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| material changes in the plans or specifications, the revised | 2 |
| plans or
specifications, together with the reasons for the | 3 |
| proposed changes, must be
submitted to the sanitary district | 4 |
| for a supplemental written permit.
| 5 |
| (e) The sanitary district, acting through the executive | 6 |
| director general superintendent , may
require any owner of a | 7 |
| sewerage system discharging into the sewerage system of
the | 8 |
| sanitary district, to file with it complete plans of the whole | 9 |
| or of any
part of the system and any other information and | 10 |
| records concerning the
installation and operation of the | 11 |
| system.
| 12 |
| (f) The sanitary district, acting through the executive | 13 |
| director general superintendent , may
establish procedures for | 14 |
| the review of any plans, specifications, or other data
relative | 15 |
| to any sewerage system, written permits for which are required | 16 |
| by this
Act.
| 17 |
| (g) The sanitary district, acting through the executive | 18 |
| director general superintendent , may
adopt and enforce rules | 19 |
| and regulations governing the issuance of permits and
the | 20 |
| method and manner under which plans, specifications, or other | 21 |
| data relative
thereto must be submitted for the sewerage | 22 |
| systems or for additions or changes
to or extensions of the | 23 |
| systems.
| 24 |
| (h) After a hearing on an alleged violation of any such | 25 |
| ordinance, the Board
may, in addition to any civil penalty | 26 |
| imposed, order any person found to have
committed a violation |
|
|
|
SB2292 Enrolled |
- 51 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| to reimburse the sanitary district for the costs of the
| 2 |
| hearing, including any expenses incurred for inspection, | 3 |
| sampling, analysis,
administrative costs, and court reporter's | 4 |
| and attorney's fees. The Board of
Commissioners may also | 5 |
| require a person to achieve compliance with the
ordinance | 6 |
| within a specified period of time.
The Administrative Review | 7 |
| Law, and the rules adopted under that Law, shall
govern | 8 |
| proceedings for the judicial review of final orders of the | 9 |
| Board of
Commissioners issued under this subsection.
| 10 |
| (i) Civil penalties and costs imposed pursuant to this | 11 |
| Section are
recoverable by the sanitary district in a civil | 12 |
| action. The sanitary district
is authorized to apply to the | 13 |
| circuit court for injunctive relief or mandamus
when, in the | 14 |
| opinion of the executive director general superintendent , the | 15 |
| person has failed to
comply with an order of the Board of | 16 |
| Commissioners or the relief is necessary
to protect the | 17 |
| sewerage system of the sanitary district.
| 18 |
| (j) The operation and maintenance of any existing sanitary | 19 |
| sewerage system
serving territory that is annexed by a | 20 |
| municipality located in a county with a
population of 3,000,000 | 21 |
| or more after the effective date of this amendatory Act
of the | 22 |
| 92nd General Assembly is the responsibility of the municipality | 23 |
| to which
the territory is annexed, unless the sanitary sewerage | 24 |
| system is under the
jurisdiction of another unit of local | 25 |
| government other than the District.
| 26 |
| (Source: P.A. 92-255, eff. 8-3-01.)
|
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| (70 ILCS 2605/8) (from Ch. 42, par. 327)
| 2 |
| Sec. 8. Except as otherwise in this Act provided, the | 3 |
| sanitary district
may acquire by lease, purchase or otherwise | 4 |
| within or without its corporate
limits, or by condemnation | 5 |
| within its corporate limits, any and all real
and personal | 6 |
| property, right of way and privilege that may be required for
| 7 |
| its corporate purposes. All moneys for the purchase and | 8 |
| condemnation of
any property must be paid before possession is | 9 |
| taken, or any work done on
the premises. In case of an appeal | 10 |
| from the Court in which the condemnation
proceedings are | 11 |
| pending, taken by either party, whereby the amount of damages
| 12 |
| is not finally determined, the amount of the judgment in the | 13 |
| court shall
be deposited with the county treasurer of the | 14 |
| county in which the judgment
is rendered, subject to the | 15 |
| payment of damages on orders signed by the judge
whenever the | 16 |
| amount of damages is finally determined.
| 17 |
| Upon recommendation of the executive director general | 18 |
| superintendent and upon the
approval of the board of trustees | 19 |
| when any real or personal property,
right of way or privilege | 20 |
| or any interest therein, or any part thereof
of such sanitary | 21 |
| district is no longer required for the corporate
purposes of | 22 |
| the sanitary district it may be sold, vacated or released.
Such | 23 |
| sales, vacations, or releases may be made subject to such
| 24 |
| conditions and the retention of such interest therein as may be | 25 |
| deemed
for the best interest of such sanitary district as |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| recommended by the executive director
general superintendent | 2 |
| and approved by the board of trustees.
| 3 |
| However, the sanitary district may enter into a lease of a | 4 |
| building
or a part thereof, or acquire title to a building | 5 |
| already constructed or
to be constructed, for the purpose of | 6 |
| securing office space for its
administrative corporate | 7 |
| functions, the period of such lease not to
exceed 15 years | 8 |
| except as authorized by the provisions of Section 8b of
this | 9 |
| Act. In the event of the purchase of such property for
| 10 |
| administrative corporate functions, the sanitary district may | 11 |
| execute a
mortgage or other documents of indebtedness as may be | 12 |
| required for the
unpaid balance, to be paid in not more than 15 | 13 |
| annual installments.
Annual installments on the mortgage or | 14 |
| annual payment on the lease shall
be considered a current | 15 |
| corporate expense of the year in which they are
to be paid, and | 16 |
| the amount of such annual installment or payment shall
be | 17 |
| included in the Annual Appropriation and Corporate Tax Levy
| 18 |
| Ordinances. Such expense may be incurred, notwithstanding the
| 19 |
| provisions, if any applicable, contained in any other Sections | 20 |
| of this
Act.
| 21 |
| The sanitary district may dedicate to the public for | 22 |
| highway purposes
any of its real property and the dedications | 23 |
| may be made subject to such
conditions and the retention of | 24 |
| such interests therein as considered in
the best interests of | 25 |
| the sanitary district by the board of trustees
upon | 26 |
| recommendation of the executive director general |
|
|
|
SB2292 Enrolled |
- 54 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| superintendent .
| 2 |
| The sanitary district may lease to others for any period of | 3 |
| time, not
to exceed 99 years, upon the terms as its board of | 4 |
| trustees upon
recommendation of the executive director general | 5 |
| superintendent may determine, any such
real property, | 6 |
| right-of-way or privilege, or any interest therein or any
part | 7 |
| thereof, which is in the opinion of the board of trustees and | 8 |
| executive director
general superintendent of the sanitary | 9 |
| district no longer required for
its corporate purposes or which | 10 |
| may not be immediately needed for such
purposes. The leases may | 11 |
| contain such terms and conditions, including restrictions as to | 12 |
| permissible use of the real property, and retain such
interests | 13 |
| therein as considered in the best interests of the sanitary
| 14 |
| district by the board of trustees upon recommendation of the | 15 |
| executive director general
superintendent . Negotiations and | 16 |
| execution of such leases and
preparatory activities in | 17 |
| connection therewith must comply with Section
8c of this Act. | 18 |
| The sanitary district may grant easements and permits
for the | 19 |
| use of any such real property, right-of-way, or privilege, | 20 |
| which
will not in the opinion of the board of trustees and | 21 |
| executive director general
superintendent of the sanitary | 22 |
| district interfere with the use thereof
by the sanitary | 23 |
| district for its corporate purposes. Such easements and
permits | 24 |
| may contain such conditions and retain such interests therein | 25 |
| as
considered in the best interests of the sanitary district by | 26 |
| the board
of trustees upon recommendation of the executive |
|
|
|
SB2292 Enrolled |
- 55 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| director general superintendent .
| 2 |
| No sales, vacations, dedications for highway purposes, or | 3 |
| leases for periods
in excess of 5 years, of the following | 4 |
| described real estate, may be made
or granted by the sanitary | 5 |
| district without the approval in writing of the
Director of | 6 |
| Natural Resources of the State
of Illinois:
| 7 |
| All the right-of-way of the Calumet-Sag Channel of the | 8 |
| sanitary
district extending from the Little Calumet River near | 9 |
| Blue Island,
Illinois, to the right-of-way of the main channel | 10 |
| of the sanitary
district near Sag, Illinois.
| 11 |
| Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89, | 12 |
| 89a, 90,
91, 130, 132, 133, those parts of Lots 134 and 139 | 13 |
| lying northeasterly
of a tract of land leased to the Corn | 14 |
| Products Manufacturing Company
from January 1, 1908, to | 15 |
| December 31, 2006; 1000 feet of Lot 141 lying
southwesterly of | 16 |
| and adjoining the above mentioned leased tract measured
| 17 |
| parallel with the main channel of the sanitary district; Lots | 18 |
| 166, 168,
207, 208, and part of Lot 211 lying northeasterly of | 19 |
| a line 1500 feet
southwesterly of the center line of Stephen | 20 |
| Street, Lemont, Illinois,
and parallel with said street | 21 |
| measured parallel with said main channel;
and Lot 212 of the | 22 |
| Sanitary District Trustees Subdivision of
right-of-way from | 23 |
| the north and south center line of Section 30,
Township 39 | 24 |
| North, Range 14 East of the Third Principal Meridian, to
Will | 25 |
| County line.
| 26 |
| That part of the right-of-way of the main channel of the |
|
|
|
SB2292 Enrolled |
- 56 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| sanitary
district in Section 14, Township 37 North, Range 11 | 2 |
| East of the Third
Principal Meridian, lying southerly of said | 3 |
| main channel, northerly of
the Northerly Reserve Line of the | 4 |
| Illinois and Michigan Canal, and
westerly of the Center line of | 5 |
| the old channel of the Des Plaines River.
| 6 |
| That part of said main channel right-of-way in Section 35, | 7 |
| Township
37 North, Range 10 East of the Third Principal | 8 |
| Meridian, lying east of
said main channel and south of a line | 9 |
| 1,319.1 feet north of and parallel
with the south line of said | 10 |
| Section 35.
| 11 |
| That part of said main channel right-of-way in the | 12 |
| northeast quarter
of the northwest quarter of Section 2, | 13 |
| Township 36 North, Range 10 East
of the Third Principal | 14 |
| Meridian, lying east of said main channel.
| 15 |
| That part of said main channel right-of-way lying south of | 16 |
| Ninth
Street in Lockport, Illinois.
| 17 |
| Notwithstanding any other law, if any surplus real
estate | 18 |
| is located in an unincorporated territory and if that real | 19 |
| estate is
contiguous to only one municipality, 60 days before | 20 |
| the sale of that real
estate, the sanitary district shall | 21 |
| notify in writing the contiguous
municipality of the proposed | 22 |
| sale. Prior to the sale of the real estate, the
municipality | 23 |
| shall notify in writing the sanitary district that the
| 24 |
| municipality will or will not annex the surplus real estate. If | 25 |
| the contiguous
municipality will annex such surplus real | 26 |
| estate, then coincident with the
completion of the sale of that |
|
|
|
SB2292 Enrolled |
- 57 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| real estate by the sanitary district, that real
estate shall be | 2 |
| automatically annexed to the contiguous municipality.
| 3 |
| All sales of real estate by the sanitary district must be | 4 |
| for
cash, to the highest bidder upon open competitive bids, and | 5 |
| the proceeds of
the sales may be
used only for the construction | 6 |
| and equipment of sewage disposal plants, pumping
stations and | 7 |
| intercepting sewers and appurtenances thereto, the
acquisition | 8 |
| of sites and easements therefor, and the financing of the Local
| 9 |
| Government Assistance Program established under Section 9.6c.
| 10 |
| However, the sanitary district may:
| 11 |
| (a) Remise, release, quit claim and convey, without the | 12 |
| approval of the
Department of Natural Resources of the State
of | 13 |
| Illinois acting by and through its Director, to the
United | 14 |
| States of America without any consideration to be paid | 15 |
| therefor,
in aid of the widening of the Calumet-Sag Channel of | 16 |
| the sanitary district
by the United States of America, all | 17 |
| those certain lands, tenements and
hereditaments of every kind | 18 |
| and nature of that portion of the established
right-of-way of | 19 |
| the Calumet-Sag Channel lying east of the east line of Ashland
| 20 |
| Avenue, in Blue Island, Illinois, and south of the center line | 21 |
| of the channel
except such portion thereof as is needed for the | 22 |
| operation and maintenance
of and access to the controlling | 23 |
| works lock of the sanitary district;
| 24 |
| (b) Without the approval of the Department of Natural | 25 |
| Resources of the State of Illinois acting by and through its
| 26 |
| Director, give and grant to
the United States of America |
|
|
|
SB2292 Enrolled |
- 58 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| without any consideration to be paid therefor
the right, | 2 |
| privilege and authority to widen the Calumet-Sag Channel and | 3 |
| for
that purpose to enter upon and use in the work of such | 4 |
| widening and for the
disposal of spoil therefrom all that part | 5 |
| of the right-of-way of the
Calumet-Sag Channel owned by the | 6 |
| sanitary district lying south of the
center line of the | 7 |
| Calumet-Sag Channel from its connection with the main
channel | 8 |
| of the sanitary district to the east line of Ashland Avenue in | 9 |
| Blue
Island, Illinois;
| 10 |
| (c) Make alterations to any structure made necessary by | 11 |
| such
widening and to construct, reconstruct or otherwise alter | 12 |
| the existing
highway bridges of the sanitary district across | 13 |
| the Calumet-Sag Channel;
| 14 |
| (d) Give and grant to the United States of America without | 15 |
| any
consideration to be paid therefor the right to maintain the | 16 |
| widened
Calumet-Sag Channel without the occupation or use of or | 17 |
| jurisdiction
over any property of the sanitary district | 18 |
| adjoining and adjacent to
such widened channel;
| 19 |
| (e) Acquire by lease, purchase, condemnation or otherwise, | 20 |
| whatever
land, easements or rights of way, not presently owned | 21 |
| by it, that may be
required by the United States of America in | 22 |
| constructing the Calumet-Sag
Navigation Project, as approved | 23 |
| in Public Law 525, 79th Congress, Second
Session as described | 24 |
| in House Document No. 677 for widening and dredging
the | 25 |
| Calumet-Sag Channel, in improving the Little Calumet River | 26 |
| between
the eastern end of the Sag Channel and Turning Basin |
|
|
|
SB2292 Enrolled |
- 59 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| No. 5, and in
improving the Calumet River between Calumet | 2 |
| Harbor and Lake Calumet;
| 3 |
| (f) Furnish free of cost to the United States all lands, | 4 |
| easements,
rights-of-way and soil disposal areas necessary for | 5 |
| the new work and for
subsequent maintenance by the United | 6 |
| States;
| 7 |
| (g) Provide for the necessary relocations of all utilities.
| 8 |
| Whatever land acquired by the sanitary district may | 9 |
| thereafter be
determined by the Board of Trustees upon | 10 |
| recommendation of the executive director general
| 11 |
| superintendent as not being needed by the United States for the | 12 |
| purposes
of constructing and maintaining the Calumet-Sag | 13 |
| Navigation Project as
above described, shall be retained by the | 14 |
| sanitary district for its
corporate purposes, or be sold, with | 15 |
| all convenient speed, vacated or
released (but not leased) as | 16 |
| its Board of Trustees upon recommendation
of the executive | 17 |
| director general superintendent may determine: All sales of | 18 |
| such real
estate must be for cash, to the highest bidder upon | 19 |
| open, competitive
bids, and the proceeds of the sales may be | 20 |
| used only for the purpose of
paying principal and interest upon | 21 |
| the bonds authorized by this Act, and
if no bonds are then | 22 |
| outstanding, for the purpose of paying principal
and interest | 23 |
| upon any general obligation bonds of the sanitary district,
and | 24 |
| for corporate purposes of the sanitary district. When the | 25 |
| proceeds
are used to pay bonds and interest, proper abatement | 26 |
| shall be made in
the taxes next extended for such bonds and |
|
|
|
SB2292 Enrolled |
- 60 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| interest.
| 2 |
| (Source: P.A. 95-604, eff. 9-11-07.)
| 3 |
| (70 ILCS 2605/8c) (from Ch. 42, par. 327c)
| 4 |
| Sec. 8c. Every lease of property no longer or not | 5 |
| immediately
required for corporate purposes of a sanitary | 6 |
| district, from such
district to others for a term not to exceed | 7 |
| 99 years, in accordance with
Section 8 of this Act, shall be | 8 |
| negotiated, created and executed in the
following manner:
| 9 |
| (1) Notice of such proposed leasing shall be published | 10 |
| for 3
consecutive weeks in a newspaper of general | 11 |
| circulation published in
such sanitary district, if any, | 12 |
| and otherwise in the county containing
such district.
| 13 |
| (2) Prior to receipt of bids for the lease under this | 14 |
| Section, the
fair market value of every parcel of real | 15 |
| property to be leased must be
determined by 2 professional | 16 |
| appraisers who are members of the American
Institute of | 17 |
| Real Estate Appraisers or a similar, equivalently
| 18 |
| recognized professional organization. The sanitary | 19 |
| district acting
through the executive director general | 20 |
| superintendent may select and engage an additional
| 21 |
| appraiser for such determination of fair market value. | 22 |
| Every appraisal
report must contain an affidavit | 23 |
| certifying the absence of any collusion
involving the | 24 |
| appraiser and relating to the lease of such property.
| 25 |
| (3) No lease may be awarded unless the bid of such |
|
|
|
SB2292 Enrolled |
- 61 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| highest responsible
bidder provides for an annual rental | 2 |
| payment to the sanitary district of
at least 6% of the | 3 |
| parcel's fair market value determined under this Section, | 4 |
| provided however, if the sanitary district determines that | 5 |
| a parcel contains a special development impediment, | 6 |
| defined as any condition that constitutes a material | 7 |
| impediment to the development or lease of a parcel, and | 8 |
| includes, but is not limited to: environmental | 9 |
| contamination, obsolescence, or advanced disrepair of | 10 |
| improvements or structures, or accumulation of large | 11 |
| quantities of non-indigenous materials, the sanitary | 12 |
| district may establish a minimum acceptable initial annual | 13 |
| rental of less than 6% of the parcel's fair market value | 14 |
| for the initial 10 years of the lease. In no event will the | 15 |
| annual rental payment for each 10-year period after the | 16 |
| initial 10 years of the lease be less than the 6% of the | 17 |
| parcel's fair market value determined under this Section. | 18 |
| Every lease must be awarded to the highest responsible | 19 |
| bidder (including established commercial or industrial | 20 |
| concerns and financially responsible individuals) upon | 21 |
| free and open competitive bids. In determining the | 22 |
| responsibility of any bidder, the sanitary district may | 23 |
| consider, in addition to financial responsibility, any | 24 |
| past records of transactions with the bidder and any other | 25 |
| pertinent factors, including but not limited to, the | 26 |
| bidder's performance or past record with respect to any |
|
|
|
SB2292 Enrolled |
- 62 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| lease, use, occupancy, or trespass of sanitary district or | 2 |
| other lands.
| 3 |
| (4) Prior to acceptance of the bid of the highest | 4 |
| responsible bidder
and before execution of the lease the | 5 |
| bidder shall submit to the board
of commissioners and | 6 |
| executive director general superintendent , for | 7 |
| incorporation in the lease,
a detailed plan and description | 8 |
| of improvements to be constructed upon
the leased property, | 9 |
| the time within which the improvements will be
completed, | 10 |
| and the intended uses of the leased property. If there is | 11 |
| more
than one responsible bid, the board of commissioners | 12 |
| may authorize and direct
the executive director general | 13 |
| superintendent to solicit from the 2 highest responsible | 14 |
| bidders
written amendments to their prior bids, increasing | 15 |
| their rental bid proposal
by at least 5% in excess of their | 16 |
| prior written bid, or otherwise amending the
financial | 17 |
| terms of their bid so as to maximize the financial return | 18 |
| to the
sanitary district during the term of the proposed | 19 |
| lease. Upon the executive director's general
| 20 |
| superintendent's tentative agreement with one or more | 21 |
| amended bids, the bids
may be submitted to the board of | 22 |
| commissioners with the recommendation of the executive | 23 |
| director
general superintendent for acceptance of one or | 24 |
| rejection of all. The
amendments may not result in a | 25 |
| diminution of the terms of the transaction and
must result | 26 |
| in an agreement that is equal to or greater in value than |
|
|
|
SB2292 Enrolled |
- 63 - |
LRB095 16249 HLH 42268 b |
|
| 1 |
| the
highest responsible bid initially received.
| 2 |
| (5) The execution of such lease must be contemporaneous | 3 |
| to the
execution by the lessee, each member of the board of | 4 |
| commissioners and the executive director
general | 5 |
| superintendent of an affidavit certifying the absence of | 6 |
| any
collusion involving the lessee, the members and the | 7 |
| executive director general
superintendent and relating to | 8 |
| such lease.
| 9 |
| (6) No later than 30 days after the effective date of | 10 |
| the lease, the
lessee must deliver to the sanitary district | 11 |
| a certified statement of
the County Assessor, Township | 12 |
| Assessor or the county clerk of the county
wherein the | 13 |
| property is situated that such property is presently
| 14 |
| contained in the official list of lands and lots to be | 15 |
| assessed for
taxes for the several towns or taxing | 16 |
| districts in his county.
| 17 |
| (7) Such lease may be subject to annual adjustments | 18 |
| based on changes in
the Consumer Price Index published by | 19 |
| the United States Department of
Labor, Bureau of Labor | 20 |
| Statistics, or some other well known economic
governmental | 21 |
| activity index. Any lease, the term of which will extend | 22 |
| for
15 years or more, shall provide for a redetermination | 23 |
| of the fair market
value (independent of improvements to | 24 |
| the property subsequent to the
effective date of the lease) | 25 |
| after the initial 10 years and every 10 years
thereafter, | 26 |
| in the manner set forth in paragraph (2) of this Section, |
|
|
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| 1 |
| which redetermination shall be referred to as the decennial | 2 |
| adjustment. Where the property rental is less than 6% of | 3 |
| fair market value due to the existence of a special | 4 |
| development impediment, the first decennial adjustment | 5 |
| shall not occur until the twentieth year of the lease. Such
| 6 |
| redetermination shall be as of the first day of each | 7 |
| succeeding 10 year period,
and annual rental payments shall | 8 |
| be adjusted so that the ratio of annual
rental to fair | 9 |
| market value shall be the same as that ratio for the first
| 10 |
| year of the preceding 10 year period. The decennial | 11 |
| adjustment shall not exceed 100% of the rental in effect on | 12 |
| the last day of the preceding 10-year period, except when | 13 |
| the property rental is less than 6% of fair market value | 14 |
| due to the existence of a special development impediment, | 15 |
| in which case, the decennial adjustment shall not be so | 16 |
| limited until the twentieth year of the lease. The rental | 17 |
| payment for the first
year of the new 10 year period may be | 18 |
| subject to Consumer Price Index or
other allowable index | 19 |
| adjustments for each of the next 9 years, or until
the end | 20 |
| of the lease term if there are less than 9 years remaining.
| 21 |
| (8) A sanitary district may require compensation to be | 22 |
| paid in addition to
rent, based on a reasonable percentage | 23 |
| of revenues derived from a lessee's
business operations on | 24 |
| the leasehold premises or subleases, or may require
| 25 |
| additional compensation from the lessee or any sublessee in | 26 |
| the form of
services, including but not limited to solid |
|
|
|
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| 1 |
| waste disposal; provided,
however, that such additional | 2 |
| compensation shall not be considered in
determining the | 3 |
| highest responsible bid, said highest responsible bid to be
| 4 |
| determined only on the initial annual rental payment as set | 5 |
| forth in
paragraph (3) of this Section.
| 6 |
| (9) No assignment of such lease or sublease of such | 7 |
| property is
effective unless approved in writing by the | 8 |
| executive director general superintendent and
the board of | 9 |
| commissioners of the sanitary district. The district may | 10 |
| consider, for any assignment or sublease, all pertinent | 11 |
| factors including the assignee's or sublessee's | 12 |
| responsibility in accordance with subparagraph (3) of this | 13 |
| Section. The sanitary district may also condition its | 14 |
| consent upon the redetermination of the annual rental | 15 |
| required to be paid under any lease initially executed on | 16 |
| or before January 1, 1983, for which the annual rent being | 17 |
| paid thereunder is less than 6% of the current appraised | 18 |
| fair market value of the leased property. The | 19 |
| redetermination of any annual rental under this Section | 20 |
| shall be consistent with the requirements of subparagraphs | 21 |
| (2) and (3) of this Section. No assignment or
sublease is | 22 |
| effective if the assignee or sublessee is a trust
| 23 |
| constituted by real property of which the trustee has title | 24 |
| but no power
of management or control, unless the identity | 25 |
| of the beneficiaries of
the trust is revealed, upon demand, | 26 |
| to the executive director general superintendent and
the |
|
|
|
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|
| 1 |
| board of commissioners of the sanitary district.
| 2 |
| (10) Failure by the lessee to comply with a provision | 3 |
| in the lease
relating to improvements upon the leased | 4 |
| property or any other provision
constitutes grounds for | 5 |
| forfeiture of the lease, and upon such failure
the sanitary | 6 |
| district acting through the executive director general | 7 |
| superintendent shall
serve the lessee with a notice to | 8 |
| terminate the lease and deliver
possession of the property | 9 |
| to the sanitary district within a particular
period.
| 10 |
| (11) If the executive director general superintendent | 11 |
| and the board of commissioners
conclude that it would be in | 12 |
| the public interest, said sanitary district
may lease | 13 |
| without complying with the prior provisions of this | 14 |
| Section, in accordance with an Act concerning "Transfer of | 15 |
| Real Estate between Municipal Corporations", approved July | 16 |
| 2, 1925, as amended, to the following, upon such terms as | 17 |
| may be mutually agreeable: (a)
the United States of America | 18 |
| and the State of Illinois,
County of Cook, any municipal | 19 |
| corporation, with provisions that the property is to be | 20 |
| applied exclusively for public recreational purposes or | 21 |
| other public purposes; (b) any academic institution of
| 22 |
| learning which has been in existence for 5 years prior to | 23 |
| said lease,
provided that such lease limit the | 24 |
| institution's use of the leased land
to only those purposes | 25 |
| relating to the operation of such institution's
academic or | 26 |
| physical educational programs; or (c) any lease involving |
|
|
|
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|
| 1 |
| land located in a county with a population of 100,000 or | 2 |
| less and which is leased solely for agricultural or | 3 |
| commercial recreational uses. Any lease issued in | 4 |
| accordance with this paragraph shall contain the | 5 |
| provisions that such
lease is terminable in accordance with | 6 |
| service of a one-year notice to
terminate after | 7 |
| determination by the board of commissioners and the | 8 |
| executive director general
superintendent that such | 9 |
| property (or part thereof) has become essential
to the | 10 |
| corporate purposes of the sanitary district.
| 11 |
| (Source: P.A. 95-604, eff. 9-11-07.)
| 12 |
| (70 ILCS 2605/8d)
| 13 |
| Sec. 8d. Transfer of certain real property. The Board of | 14 |
| Commissioners of
the District, upon its determination that all | 15 |
| or part of the prism of the
relocated North Branch of the | 16 |
| Chicago River, between the north right-of-way
line of Belmont | 17 |
| Avenue (on the south) and the south right-of-way line of
| 18 |
| Lawrence Avenue (on the north) in Chicago, Cook County, | 19 |
| Illinois, is no longer
needed for its corporate purposes, and | 20 |
| that disposition thereof is in the best
interests of the | 21 |
| District, with the recommendation of its Executive Director | 22 |
| General
Superintendent , may convey for fair market value, | 23 |
| directly to owners of real
property immediately adjacent | 24 |
| thereto, such interest in the channel prism
as the Board of | 25 |
| Commissioners may deem appropriate, by direct negotiation with
|
|
|
|
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|
| 1 |
| the adjacent real property owners and without competitive | 2 |
| bidding, but
otherwise subject to all laws, ordinances, and | 3 |
| rules applicable to the
disposition of surplus real property by | 4 |
| the District, upon whatever terms the
Board of Commissioners | 5 |
| deems appropriate, but subject to the following
conditions:
| 6 |
| (1) The adjacent owner has constructed a dock, patio, | 7 |
| terrace, or other
nonhabitable recreational structure | 8 |
| within the channel prism and adjacent to
the owner's | 9 |
| personal residence.
| 10 |
| (2) The structure has been constructed and used before | 11 |
| the effective
date of this amendatory Act of 1994.
| 12 |
| (3) The structure is an appurtenance to the personal | 13 |
| residence of the
owner of the adjacent real property and is | 14 |
| used solely for noncommercial
personal recreational | 15 |
| activities.
| 16 |
| (4) The structure is otherwise in compliance with all | 17 |
| applicable laws,
ordinances, rules, and policies of any | 18 |
| governmental body
having jurisdiction of the real estate, | 19 |
| the parties involved with the
structure, or the activity of | 20 |
| any of the parties involved.
| 21 |
| (5) The Director of Engineering Chief Engineer and the | 22 |
| Director Chief of the Maintenance and Operations
| 23 |
| Department of the District have determined that the | 24 |
| structure will not
interfere with the District's execution | 25 |
| of its corporate purposes or
functions and that the | 26 |
| existence of the structure will not hamper or obstruct
the |
|
|
|
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|
| 1 |
| hydraulic flows in the channel prism.
| 2 |
| (6) No expansion, extension, or enlargement of the | 3 |
| structure is
permitted after the date of conveyance of the | 4 |
| channel prism segment by the
District to the adjacent real | 5 |
| property owner.
| 6 |
| (Source: P.A. 88-572, eff. 8-11-94.)
| 7 |
| (70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
| 8 |
| Sec. 11.5. In the event of an emergency affecting the | 9 |
| public health or
safety, so declared by action of the board of | 10 |
| trustees, which declaration
shall describe the nature of the | 11 |
| injurious effect upon the public health or
safety, contracts | 12 |
| may be let to the extent necessary to resolve such
emergency | 13 |
| without public advertisement. The declaration shall fix the | 14 |
| date
upon which such emergency shall terminate. The date may be | 15 |
| extended or
abridged by the board of trustees as in its | 16 |
| judgment the circumstances
require.
| 17 |
| The executive director general superintendent appointed in | 18 |
| accordance with Section 4 of
this Act shall authorize in | 19 |
| writing and certify to the director of procurement and | 20 |
| materials management purchasing agent
those officials or | 21 |
| employees of the several departments of the sanitary
district | 22 |
| who may purchase in the open market without filing a | 23 |
| requisition
or estimate therefor, and without advertisement, | 24 |
| any supplies, materials,
equipment or services, for immediate | 25 |
| delivery to meet bona fide operating
emergencies where the |
|
|
|
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|
| 1 |
| amount thereof is not in excess of $25,000;
provided,
that the | 2 |
| director of procurement and materials management purchasing | 3 |
| agent shall be notified of such emergency. A full
written | 4 |
| account of any such emergency together with a requisition for | 5 |
| the
materials, supplies, equipment or services required | 6 |
| therefor shall be
submitted immediately by the requisitioning | 7 |
| agent to the executive director general
superintendent and such | 8 |
| report and requisition shall be submitted to the director of | 9 |
| procurement and materials management
purchasing agent and | 10 |
| shall be open to public inspection for a period of at
least one | 11 |
| year subsequent to the date of such emergency purchase. The
| 12 |
| exercise of authority in respect to purchases for such bona | 13 |
| fide operating
emergencies shall not be dependent upon a | 14 |
| declaration of emergency by the
board of trustees under the | 15 |
| first paragraph of this Section.
| 16 |
| (Source: P.A. 83-518.)
| 17 |
| (70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
| 18 |
| Sec. 11.6. The head of each department shall notify the | 19 |
| director of procurement and materials management purchasing
| 20 |
| agent of those officers and employees authorized to sign | 21 |
| requests for
purchases. Requests for purchases shall be void | 22 |
| unless executed by an
authorized officer or employee and | 23 |
| approved by the director of procurement and materials | 24 |
| management purchasing agent .
Requests for purchases may be | 25 |
| executed, approved and signed manually or
electronically.
|
|
|
|
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|
| 1 |
| Officials and employees making requests for purchases | 2 |
| shall not split
or otherwise partition for the purpose of | 3 |
| evading the competitive
bidding requirements of this Act, any | 4 |
| undertaking involving amounts in
excess of the mandatory | 5 |
| competitive bid threshold.
| 6 |
| (Source: P.A. 92-195, eff. 1-1-02.)
| 7 |
| (70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
| 8 |
| Sec. 11.7. All proposals to award purchase orders or | 9 |
| contracts
involving amounts in excess of the mandatory | 10 |
| competitive bid threshold shall be
published
at least 12 | 11 |
| calendar days in advance of the date announced for the | 12 |
| receiving of
bids, in a secular English language newspaper of | 13 |
| general circulation in
said sanitary district and shall be | 14 |
| posted simultaneously on readily
accessible bulletin boards in | 15 |
| the principal office of the sanitary
district. Nothing | 16 |
| contained in this section shall be construed to
prohibit the | 17 |
| placing of additional advertisements in recognized trade
| 18 |
| journals. Advertisements for bids shall describe the character | 19 |
| of the
proposed contract or agreement in sufficient detail | 20 |
| either in the
advertisement itself or by reference to plans, | 21 |
| specifications or other
detail on file at the time of | 22 |
| publication of the first announcement, to
enable the bidders to | 23 |
| know what their obligation will be. The
advertisement shall | 24 |
| also state the date, time and place assigned for the
opening of | 25 |
| bids. No bids shall be received at any time subsequent to the
|
|
|
|
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|
| 1 |
| time indicated in the announcement; however, an extension of | 2 |
| time may be
granted for the opening of such bids upon | 3 |
| publication in the same
newspaper of general circulation in | 4 |
| said sanitary district stating the
date to which bid opening | 5 |
| has been extended. The time of the extended
bid opening shall | 6 |
| not be less than 5 days after publication, Sundays and
legal | 7 |
| holidays excluded.
| 8 |
| Cash, cashier's check or a certified check payable to the | 9 |
| clerk and
drawn upon a bank, as a deposit of good faith, in a | 10 |
| reasonable amount
not in excess of 10% of the contract amount, | 11 |
| may be required of each
bidder by the director of procurement | 12 |
| and materials management purchasing agent on all bids involving | 13 |
| amounts in excess
of the mandatory competitive bid threshold. | 14 |
| If a deposit is
required, the advertisement for
bids shall so | 15 |
| specify. Instead of a deposit, the director of procurement and | 16 |
| materials management purchasing agent may allow
the use of a | 17 |
| bid bond if the bond is issued by a surety company that is | 18 |
| listed
in the Federal Register and is authorized to do business | 19 |
| in the State of
Illinois.
| 20 |
| (Source: P.A. 92-195, eff. 1-1-02.)
| 21 |
| (70 ILCS 2605/11.8) (from Ch. 42, par. 331.8)
| 22 |
| Sec. 11.8. Any agreement or collusion among bidders or | 23 |
| prospective bidders
in restraint of freedom of competition by | 24 |
| agreement to bid a fixed price,
or otherwise, shall render the | 25 |
| bids of such bidder void. Each bidder shall
accompany his bid |
|
|
|
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|
| 1 |
| with a sworn statement, or otherwise swear or affirm,
that he | 2 |
| has not been a party to any such agreement or collusion. Any
| 3 |
| disclosure in advance of the opening of bids, on the terms of | 4 |
| the bids
submitted in response to an advertisement, made or | 5 |
| permitted by the director of procurement and materials | 6 |
| management
purchasing agent or any officer or employee of said | 7 |
| sanitary district shall
render the proceedings void and shall | 8 |
| require re-advertisement and
re-award.
| 9 |
| (Source: Laws 1963, p. 2498.)
| 10 |
| (70 ILCS 2605/11.9) (from Ch. 42, par. 331.9)
| 11 |
| Sec. 11.9. All sealed bids shall be publicly opened by the | 12 |
| director of procurement and materials management purchasing
| 13 |
| agent , or his designee, and such bids shall be open to public | 14 |
| inspection
for a period of at least 48 hours before award is | 15 |
| made; provided, this
provision shall not apply to the sale of | 16 |
| bonds, tax anticipation warrants
or other financial | 17 |
| obligations of the sanitary district.
| 18 |
| (Source: Laws 1963, p. 2498.)
| 19 |
| (70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
| 20 |
| Sec. 11.10. Every contract or purchase order involving | 21 |
| amounts in
excess of the mandatory competitive bid threshold | 22 |
| shall be
signed by the president or other duly
authorized | 23 |
| officer of the board of commissioners, by the executive | 24 |
| director general
superintendent , by the clerk and by the |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| director of procurement and materials management purchasing | 2 |
| agent . Each bid with
the name of the bidder shall be entered | 3 |
| upon a record which shall be
open to public inspection in the | 4 |
| office of the director of procurement and materials management | 5 |
| purchasing agent . After
the award is made, the bids shall be | 6 |
| entered in the official records of
the board of commissioners.
| 7 |
| All purchase orders or contracts involving amounts that | 8 |
| will not exceed the
mandatory competitive bid threshold shall | 9 |
| be let by the director of procurement and materials management | 10 |
| purchasing agent . They
shall be signed by the director of | 11 |
| procurement and materials management
purchasing agent and the | 12 |
| clerk. All records pertaining to such awards
shall be open to | 13 |
| public inspection for a period of at least one year
subsequent | 14 |
| to the date of the award.
| 15 |
| An official copy of each awarded purchase order or contract | 16 |
| together
with all necessary attachments thereto, including | 17 |
| assignments and
written consent of the director of procurement | 18 |
| and materials management purchasing agent shall be retained by | 19 |
| the director of procurement and materials management
| 20 |
| purchasing agent in an appropriate file open to the public for | 21 |
| such
period of time after termination of contract during which | 22 |
| action against
the municipality might ensue under applicable | 23 |
| laws of limitation.
Certified copies of all completed contracts | 24 |
| and purchase orders shall be
filed with the clerk. After the | 25 |
| appropriate period, purchase orders,
contracts and attachments | 26 |
| in the clerk's possession may be destroyed by
direction of the |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| director of procurement and materials management purchasing | 2 |
| agent .
| 3 |
| The provisions of this Act are not applicable to joint | 4 |
| purchases of
personal property, supplies and services made by | 5 |
| governmental units in
accordance with Sections 1 through 5 of | 6 |
| "An Act authorizing certain
governmental units to purchase | 7 |
| personal property, supplies and services
jointly," approved | 8 |
| August 15, 1961.
| 9 |
| (Source: P.A. 92-195, eff. 1-1-02.)
| 10 |
| (70 ILCS 2605/11.11) (from Ch. 42, par. 331.11)
| 11 |
| Sec. 11.11. In determining the responsibility of any | 12 |
| bidder, the director of procurement and materials management | 13 |
| purchasing
agent may take into account, in addition to | 14 |
| financial responsibility, past
records of transactions with | 15 |
| the bidder, experience, adequacy of equipment,
ability to | 16 |
| complete performance within a specific time and other pertinent
| 17 |
| factors, including but not limited to whether the equipment or | 18 |
| material
is manufactured in North America.
| 19 |
| (Source: P.A. 87-762.)
| 20 |
| (70 ILCS 2605/11.12) (from Ch. 42, par. 331.12)
| 21 |
| Sec. 11.12. Any and all bids received in response to an | 22 |
| advertisement may
be rejected by the director of procurement | 23 |
| and materials management purchasing agent if the bidders are | 24 |
| not deemed
responsible, or the character or quality of the |
|
|
|
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LRB095 16249 HLH 42268 b |
|
| 1 |
| services, supplies,
materials, equipment or labor do not | 2 |
| conform to requirements, or if the
public interest may be | 3 |
| better served thereby.
| 4 |
| (Source: Laws 1963, p. 2498.)
| 5 |
| (70 ILCS 2605/11.13) (from Ch. 42, par. 331.13)
| 6 |
| Sec. 11.13. Bond, with sufficient sureties, in such amount | 7 |
| as shall
be deemed adequate by the director of procurement and | 8 |
| materials management purchasing agent not only to insure
| 9 |
| performance of the contract in the time and manner specified in | 10 |
| said
contract but also to save, indemnify and keep harmless the | 11 |
| sanitary
district against all liabilities, judgments, costs | 12 |
| and expenses which
may in anywise accrue against said sanitary | 13 |
| district in consequence of
the granting of the contract or | 14 |
| execution thereof shall be required for
all contracts relative | 15 |
| to construction, rehabilitation or repair of any
of the works | 16 |
| of the sanitary district and may be required of each bidder
| 17 |
| upon all other contracts in excess of the mandatory competitive | 18 |
| bid
threshold when, in the opinion of the director of | 19 |
| procurement and materials management
purchasing agent , the | 20 |
| public interest will be better served thereby.
| 21 |
| In accordance with the provisions of "An Act in relation to | 22 |
| bonds of
contractors entering into contracts for public | 23 |
| construction", approved
June 20, 1931, as amended, all | 24 |
| contracts for construction work, to which
the sanitary district | 25 |
| is a party, shall require that the contractor
furnish bond |
|
|
|
SB2292 Enrolled |
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|
| 1 |
| guaranteeing payment for materials and labor utilized in
the | 2 |
| contract.
| 3 |
| (Source: P.A. 92-195, eff. 1-1-02.)
| 4 |
| (70 ILCS 2605/11.14) (from Ch. 42, par. 331.14)
| 5 |
| Sec. 11.14. No contract to which the sanitary district is a | 6 |
| party shall be
assigned by the successful bidder without the | 7 |
| written consent of the director of procurement and materials | 8 |
| management
purchasing agent . In no event shall a contract or | 9 |
| any part thereof be
assigned to a bidder who has been declared | 10 |
| not to be a responsible bidder
in the consideration of bids | 11 |
| submitted upon the particular contract.
| 12 |
| (Source: Laws 1963, p. 2498.)
| 13 |
| (70 ILCS 2605/11.16) (from Ch. 42, par. 331.16)
| 14 |
| Sec. 11.16. The executive director general superintendent , | 15 |
| with the advice and consent of the
board of trustees, shall | 16 |
| appoint the director of procurement and materials management | 17 |
| purchasing agent . Any person appointed
as the director of | 18 |
| procurement and materials management purchasing agent must | 19 |
| have served at least 5 years in a responsible
executive | 20 |
| capacity requiring knowledge and experience in large scale
| 21 |
| purchasing activities.
| 22 |
| In making the appointment, the president shall appoint an | 23 |
| advisory
committee consisting of 5 persons, one of whom shall | 24 |
| be the executive director general
superintendent , which |
|
|
|
SB2292 Enrolled |
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|
| 1 |
| advisory board shall submit not fewer than 3 names to
the | 2 |
| general superintendent for the appointment. The executive | 3 |
| director general superintendent
shall make the appointment | 4 |
| from nominees submitted by the Advisory
Committee after giving | 5 |
| due consideration to each nominee's executive
experience and | 6 |
| his ability to properly and effectively discharge the duties
of | 7 |
| the director of procurement and materials management | 8 |
| purchasing agent .
| 9 |
| The director of procurement and materials management | 10 |
| purchasing agent may be removed for cause by the executive | 11 |
| director general
superintendent . He is entitled to a public | 12 |
| hearing before the executive director general
superintendent | 13 |
| prior to such anticipated removal. The director of procurement | 14 |
| and materials management purchasing agent is
entitled to | 15 |
| counsel of his own choice. The executive director general | 16 |
| superintendent shall
notify the board of trustees of the date, | 17 |
| time, place and nature of each
hearing and he shall invite the | 18 |
| board to appear at each hearing.
| 19 |
| (Source: Laws 1967, p. 623.)
| 20 |
| (70 ILCS 2605/11.17) (from Ch. 42, par. 331.17)
| 21 |
| Sec. 11.17. Powers of director of procurement and materials | 22 |
| management purchasing agent . The director of procurement and | 23 |
| materials management purchasing agent shall: (a)
adopt, | 24 |
| promulgate and from time
to time revise rules and regulations | 25 |
| for the proper conduct of his office;
(b) constitute the agent |
|
|
|
SB2292 Enrolled |
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LRB095 16249 HLH 42268 b |
|
| 1 |
| of the sanitary district in contracting for labor,
materials, | 2 |
| services, or work, the purchase, lease or sale of personal
| 3 |
| property, materials, equipment or supplies in conformity with | 4 |
| this Act; (c)
open all sealed bids; (d) determine the lowest or | 5 |
| highest responsible
bidder, as the case may be; (e) enforce | 6 |
| written specifications describing
standards established | 7 |
| pursuant to this Act; (f) operate or require such
physical, | 8 |
| chemical or other tests as may be necessary to insure | 9 |
| conformity
to such specifications with respect to quality of | 10 |
| materials; (g) exercise
or require such control as may be | 11 |
| necessary to insure conformity to
contract provisions with | 12 |
| respect to quantity; (h) distribute or cause to be
distributed, | 13 |
| to the various requisitioning agencies of such sanitary
| 14 |
| district such supplies, materials or equipment, as may be | 15 |
| purchased by him;
(i) transfer materials, supplies, and | 16 |
| equipment to or between the various
requisitioning agencies and | 17 |
| to trade in, sell, donate, or dispose of
any materials,
| 18 |
| supplies, or equipment that may become surplus, obsolete, or
| 19 |
| unusable; except that materials, supplies, and equipment may be | 20 |
| donated only
to
not-for-profit institutions; (j)
control and | 21 |
| maintain adequate inventories and inventory records of all
| 22 |
| stocks of materials, supplies and equipment of common usage | 23 |
| contained in
any central or principal storeroom, stockyard or | 24 |
| warehouse of the sanitary
district; (k) assume such related | 25 |
| activities as may be assigned to him from
time to time by the | 26 |
| board of trustees; and (m) submit to the board of
trustees an |
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| annual report describing the activities of his office. The
| 2 |
| report shall be placed upon the official records of the | 3 |
| sanitary district
or given comparable public distribution.
| 4 |
| (Source: P.A. 90-780, eff. 8-14-98.)
| 5 |
| (70 ILCS 2605/11.18) (from Ch. 42, par. 331.18)
| 6 |
| Sec. 11.18. The board of trustees is expressly authorized | 7 |
| to establish a
revolving fund to enable the director of | 8 |
| procurement and materials management purchasing agent to | 9 |
| purchase items of common
usage in advance of immediate need. | 10 |
| The revolving fund shall be reimbursed
from appropriations of | 11 |
| the using agencies. No officer or employee of a
sanitary | 12 |
| district organized pursuant to this Act shall be financially
| 13 |
| interested, directly or indirectly, in any bid, purchase order, | 14 |
| lease or
contract to which such sanitary district is a party. | 15 |
| For purposes of this
Section an officer or employee of the | 16 |
| sanitary district is deemed to have
a direct financial interest | 17 |
| in a bid, purchase order, lease or contract
with the district, | 18 |
| if the officer or employee is employed by the district
and is | 19 |
| simultaneously employed by a person or corporation that is a | 20 |
| party
to any bid, purchase order, lease or contract with the | 21 |
| sanitary district.
| 22 |
| Any officer or employee convicted of a violation of this | 23 |
| section shall
forfeit his office or employment and in addition | 24 |
| shall be guilty of a Class
4 felony.
| 25 |
| (Source: P.A. 77-2408.)
|
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| (70 ILCS 2605/11.20) (from Ch. 42, par. 331.20)
| 2 |
| Sec. 11.20. There shall be a board of standardization, | 3 |
| composed of the
director of procurement and materials | 4 |
| management purchasing agent of the sanitary district who shall | 5 |
| be chairman, and 4
other members who shall be appointed by the | 6 |
| president of the board of
trustees of the sanitary district. | 7 |
| The members shall be responsible heads
of a major office or | 8 |
| department of the sanitary district and shall receive
no | 9 |
| compensation for their services on the board. The board shall | 10 |
| meet at
least once each 3 calendar months upon notification by | 11 |
| the chairman at
least 5 days in advance of the date announced | 12 |
| for such meeting. Official
action of the board shall require | 13 |
| the vote of a majority of all members of
the board. The | 14 |
| chairman shall cause to be prepared a report describing the
| 15 |
| proceedings of each meeting. The report shall be transmitted to | 16 |
| each member
and shall be made available to the president and | 17 |
| board of trustees of such
sanitary district within 5 days | 18 |
| subsequent to the date of the meeting and
all such reports | 19 |
| shall be open to public inspection, excluding Sundays and
legal | 20 |
| holidays.
| 21 |
| The board of standardization shall: (a) classify the | 22 |
| requirements of the
sanitary district, including the | 23 |
| departments, offices and other boards
thereof, with respect to | 24 |
| supplies, materials and equipment; (b) adopt as
standards, the | 25 |
| smallest numbers of the various qualities, sizes and
varieties |
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| of such supplies, materials and equipment as may be consistent
| 2 |
| with the efficient operation of the sanitary district; and (c) | 3 |
| prepare,
adopt, promulgate, and from time to time revise, | 4 |
| written specifications
describing such standards.
| 5 |
| Specifications describing in detail the physical, chemical | 6 |
| and other
characteristics of supplies, material or equipment to | 7 |
| be acquired by
purchase order or contract shall be prepared by | 8 |
| the board of
standardization. However, all specifications | 9 |
| pertaining to the
construction, alteration, rehabilitation or | 10 |
| repair of any real property of
such sanitary district shall be | 11 |
| prepared by the engineering agency engaged
in the design of | 12 |
| such construction, alteration, rehabilitation or repair,
prior | 13 |
| to approval by the director of procurement and materials | 14 |
| management purchasing agent . The specification shall form a
| 15 |
| part of the purchase order or contract, and the performance of | 16 |
| all such
contracts shall be supervised by the engineering | 17 |
| agency designated in the
contracts.
| 18 |
| In the preparation or revision of standard specifications | 19 |
| the board of
standardization shall solicit the advice, | 20 |
| assistance and cooperation of the
several requisitioning | 21 |
| agencies and shall be empowered to consult such
public or | 22 |
| non-public laboratory or technical services as may be deemed
| 23 |
| expedient. After adoption, each standard specification shall, | 24 |
| until
rescinded, apply alike in terms and effect to every | 25 |
| purchase order or
contract for the purchase of any commodity, | 26 |
| material, supply or equipment.
The specifications shall be made |
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| available to the public upon request.
| 2 |
| (Source: P.A. 87-1125.)
| 3 |
| (70 ILCS 2605/11.23) (from Ch. 42, par. 331.23)
| 4 |
| Sec. 11.23. The comptroller of the sanitary district shall | 5 |
| conduct audits
of all expenditures incident to all purchase | 6 |
| orders and contracts awarded
by the director of procurement and | 7 |
| materials management purchasing agent . The comptroller shall | 8 |
| report the results of such
audits to the president and board of | 9 |
| trustees.
| 10 |
| (Source: Laws 1963, p. 2498.)
| 11 |
| (70 ILCS 2605/11.24) (from Ch. 42, par. 331.24)
| 12 |
| Sec. 11.24. (a) A person or business entity shall be | 13 |
| disqualified
from doing business with The Metropolitan | 14 |
| Sanitary District of Greater
Chicago for a period of 5 years | 15 |
| from the date of conviction or entry of
a plea or admission of | 16 |
| guilt, if that person or business entity:
| 17 |
| 1. has been convicted of an act of bribery or attempting to | 18 |
| bribe
an officer or employee of the federal government or of a | 19 |
| unit of any
state or local government or school district in | 20 |
| that officer's or employee's
official capacity; or
| 21 |
| 2. has been convicted of an act of bid-rigging or | 22 |
| attempting to rig
bids as defined in the Federal Sherman | 23 |
| Anti-Trust Act and Clayton Act; or
| 24 |
| 3. has been convicted of bid-rigging or attempting to rig |
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| bids under
the laws of the State of Illinois or any other | 2 |
| state; or
| 3 |
| 4. has been convicted of an act of price-fixing or | 4 |
| attempting to fix
prices as defined by the Federal Sherman | 5 |
| Anti-Trust Act and Clayton Act; or
| 6 |
| 5. has been convicted of price-fixing or attempting to fix
| 7 |
| prices under the laws of the State of Illinois or any other | 8 |
| state; or
| 9 |
| 6. has been convicted of defrauding or attempting to | 10 |
| defraud the
Federal government or a unit of any state or local | 11 |
| government or school
district; or
| 12 |
| 7. has made an admission of guilt of such conduct as set | 13 |
| forth in
subsections 1 through 6 above, which admission is a | 14 |
| matter of record,
whether or not such person or business entity | 15 |
| was subject to prosecution
for the offense or offenses admitted | 16 |
| to; or
| 17 |
| 8. has entered a plea of nolo contendere to charges of | 18 |
| bribery,
price-fixing, bid-rigging, or fraud as set forth in | 19 |
| subsections 1
through 6 above.
| 20 |
| (b) "Business entity" as used in this section means a | 21 |
| corporation,
partnership, trust, association, unincorporated | 22 |
| business or individually
owned business.
| 23 |
| (c) A business entity shall be disqualified if the | 24 |
| following
persons are convicted of, have made an admission of | 25 |
| guilt, or enter
a plea of nolo contendere to a disqualifying | 26 |
| act described in
paragraph (a), subsections 1 through 6, |
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| regardless of whether or
not the disqualifying act was | 2 |
| committed on behalf or for the benefit
of such business entity:
| 3 |
| (1) a person owning or controlling, directly or indirectly, | 4 |
| 20%
or more of its outstanding shares; or
| 5 |
| (2) a member of its board of directors; or
| 6 |
| (3) an agent, officer or employee of such business entity.
| 7 |
| (d) Disqualification Procedure. After bids are received,
| 8 |
| whether in response to a solicitation for bids or public | 9 |
| advertising
for bids, if it shall come to the attention of the | 10 |
| director of procurement and materials management purchasing | 11 |
| agent
that a bidder has been convicted, made an admission of | 12 |
| guilt, a plea
of nolo contendere, or otherwise falls within one | 13 |
| or more of the
categories set forth in paragraphs (a), (b) or | 14 |
| (c) of this Section,
the director of procurement and materials | 15 |
| management purchasing agent shall notify the bidder by | 16 |
| certified mail,
return receipt requested, that such bidder is | 17 |
| disqualified from doing
business with the Sanitary District. | 18 |
| The notice shall specify the
reasons for disqualification.
| 19 |
| (e) Review Board. A review board consisting of 3 | 20 |
| individuals
shall be appointed by the Executive Director | 21 |
| General Superintendent of the Sanitary
District. The board | 22 |
| shall select a chairman from its own members.
A majority of the | 23 |
| members shall constitute a quorum and all matters
coming before | 24 |
| the board shall be determined by a majority. All members
of the | 25 |
| review board shall serve without compensation, but shall be
| 26 |
| reimbursed actual expenses.
|
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| (f) Review. The director of procurement and materials | 2 |
| management's purchasing agent's determination of | 3 |
| disqualification
shall be final as of the date of the notice of | 4 |
| disqualification unless,
within 10 calendar days thereafter, | 5 |
| the disqualified bidder files with
the director of procurement | 6 |
| and materials management purchasing agent a notice of appeal. | 7 |
| The notice of appeal shall
specify the exceptions to the | 8 |
| director of procurement and materials management's purchasing | 9 |
| agent's determination and shall
include a request for a | 10 |
| hearing, if one is desired.
Upon receipt of the notice of | 11 |
| appeal, the director of procurement and materials management | 12 |
| purchasing agent shall
provide a copy to each member of the | 13 |
| review board. If the notice
does not contain a request for a | 14 |
| hearing, the director of procurement and materials management | 15 |
| purchasing agent may
request one within 5 days after receipt of | 16 |
| the notice of appeal. If
a hearing is not requested, the review | 17 |
| board may, but need not, hold
a hearing.
| 18 |
| If a hearing is not requested, the review board, unless it | 19 |
| decides
to hold a hearing, shall review the notice of | 20 |
| disqualification, the
notice of appeal and any other supporting | 21 |
| documents which may be filed
by either party. Within 15 days | 22 |
| after the notice of appeal is filed, the review
board shall | 23 |
| either affirm or reverse the director of procurement and | 24 |
| materials management's purchasing agent's determination
of | 25 |
| disqualification and shall transmit a copy to each party by | 26 |
| certified
mail, return receipt requested.
|
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| If there is a hearing, the hearing shall commence within 15 | 2 |
| days
after the filing of the notice of appeal. A notice of | 3 |
| hearing shall be
transmitted to the director of procurement and | 4 |
| materials management purchasing agent and the disqualified | 5 |
| bidder not later
than 12 calendar days prior to the hearing | 6 |
| date, by certified mail, return
receipt requested.
| 7 |
| Evidence shall be limited to the factual issues involved. | 8 |
| Either
party may present evidence and persons with relevant | 9 |
| information may
testify, under oath, before a certified | 10 |
| reporter. Strict rules of
evidence shall not apply to the | 11 |
| proceedings, but the review board shall
strive to elicit the | 12 |
| facts fully and in credible form. The disqualified
bidder may | 13 |
| be represented by an attorney.
| 14 |
| Within 10 calendar days after the conclusion of the | 15 |
| hearing, the
review board shall make a finding as to whether or | 16 |
| not the reasons given
in the director of procurement and | 17 |
| materials management's purchasing agent's notice of | 18 |
| disqualification apply to the bidder,
and an appropriate order | 19 |
| shall be entered. A copy of the order shall be
transmitted to | 20 |
| the director of procurement and materials management | 21 |
| purchasing agent and the bidder by certified mail,
return | 22 |
| receipt requested.
| 23 |
| (g) All final decisions of the review board shall be | 24 |
| subject to
review under the Administrative Review Law.
| 25 |
| (h) Notwithstanding any other provision of this section to | 26 |
| the
contrary, the Sanitary District may do business with any |
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| 1 |
| person or
business entity when it is determined by the director | 2 |
| of procurement and materials management purchasing agent to be | 3 |
| in
the best interest of the Sanitary District, such as, but not | 4 |
| limited to
contracts for materials or services economically | 5 |
| procurable only from a
single source.
| 6 |
| (Source: P.A. 83-1539.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law, except that Section 15 takes effect on January 1, | 9 |
| 2009.
|
|