Full Text of SB1854 99th General Assembly
SB1854enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Special Assessment Supplemental Bond and | 5 | | Procedures Act is amended by changing Section 10 as follows:
| 6 | | (50 ILCS 460/10)
| 7 | | Sec. 10. Definitions. As used in this Act,
unless the | 8 | | context or usage clearly indicates otherwise:
| 9 | | "Governing body" means the legislative body, council, | 10 | | board,
commission, trustees, or any other body by whatever name | 11 | | it is
known having charge of the corporate affairs of a | 12 | | governmental
unit.
| 13 | | "Governmental unit" means a county, township, | 14 | | municipality,
municipal corporation, unit of local government, | 15 | | or a special
district, by whatever name known, authorized by | 16 | | any special
assessment law to make local improvements by | 17 | | special assessment.
| 18 | | "Special assessment bond" means any instrument evidencing | 19 | | the
obligation to pay money authorized or issued by or on | 20 | | behalf of a
governmental unit under a special assessment law or | 21 | | under this
Act, being payable from assessments made under a | 22 | | special
assessment law, and when applicable, as supplemented by | 23 | | this Act.
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| 1 | | "Special assessment law" means any law of the State of | 2 | | Illinois
authorizing governmental units to make local | 3 | | improvements payable
wholly or in part by special assessment, | 4 | | and includes, without
limitation, Division 2 of Article 9 of | 5 | | the Illinois Municipal
Code, Division 5-32 of Article 5 of the | 6 | | Counties Code, Section 21
of the North Shore Water Reclamation | 7 | | Sanitary District Act, Section 19 of the
Sanitary District Act | 8 | | of 1917, Sections 22a.1 through 22a.55 of
the Sanitary District | 9 | | Act of 1917, and Section 28 of the Sanitary
District Act of | 10 | | 1936.
| 11 | | "Special assessment proceeding" means the proceeding by | 12 | | any
governmental unit under a special assessment law to provide | 13 | | for
the making of a specific local improvement by special | 14 | | assessment.
| 15 | | "Special assessment ordinance" means an ordinance, or when
| 16 | | applicable a resolution, as provided for by any special
| 17 | | assessment law by which the governing body institutes, calls | 18 | | for,
or provides for the making of a local improvement to be | 19 | | paid by
the imposition of a special assessment pursuant to such | 20 | | special
assessment law.
| 21 | | "Supplemental Act Assessment Bonds" are those special | 22 | | assessment
bonds issued under Section 100 of this Act.
| 23 | | "Voucher" means any voucher issued under a special | 24 | | assessment law
for work done in connection with the making of a | 25 | | local
improvement.
| 26 | | (Source: P.A. 90-480, eff. 8-17-97.)
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| 1 | | Section 7. The Upper Illinois River Valley Development | 2 | | Authority Act is amended by changing Sections 4 and 7 as | 3 | | follows:
| 4 | | (70 ILCS 530/4) (from Ch. 85, par. 7154)
| 5 | | Sec. 4. Establishment.
| 6 | | (a) There is hereby created a political
subdivision, body | 7 | | politic and municipal corporation named the Upper
Illinois | 8 | | River Valley Development Authority. The territorial | 9 | | jurisdiction
of the Authority is that geographic area within | 10 | | the boundaries of Grundy,
LaSalle, Bureau, Putnam, Kendall,
| 11 | | Kane, Lake, McHenry,
and Marshall counties in the State of
| 12 | | Illinois and
any navigable waters and air space located | 13 | | therein.
| 14 | | (b) The governing and administrative powers of the | 15 | | Authority shall be
vested in a body consisting of 21 20 members | 16 | | including, as ex officio
members,
the Director of Commerce and | 17 | | Economic Opportunity, or his or her
designee, and the Director | 18 | | of the Department of Central Management Services,
or his or her | 19 | | designee. The other 19 18 members of the Authority shall
be
| 20 | | designated "public members", 10 of whom shall be appointed by | 21 | | the
Governor
with the advice and consent of the Senate and 9 8 | 22 | | of whom shall be
appointed
one each by the county board | 23 | | chairmen of Grundy, LaSalle, Bureau, Putnam,
Kendall,
Kane, | 24 | | Lake, McHenry,
and Marshall counties. All public members shall |
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| 1 | | reside within the
territorial jurisdiction of this Act. Eleven | 2 | | members shall
constitute a
quorum. The public members shall be | 3 | | persons of recognized ability and
experience in one or more of | 4 | | the following areas: economic development,
finance, banking, | 5 | | industrial development, small business management, real
estate | 6 | | development, community development, venture finance, organized | 7 | | labor
or civic, community or neighborhood organization. The | 8 | | Chairman of the
Authority shall be elected by the Board | 9 | | annually from the 8 members
appointed by the county board | 10 | | chairmen.
| 11 | | (c) The terms of all initial members of the Authority shall | 12 | | begin 30
days after
the effective date of this Act. Of the 14 | 13 | | public members appointed
pursuant to this Act, 4 appointed by | 14 | | the Governor shall serve until the
third Monday in January, | 15 | | 1992, 4 appointed by the Governor shall serve
until the third | 16 | | Monday in January, 1993, one appointed by the Governor
shall | 17 | | serve until the third Monday in January, 1994, one appointed by | 18 | | the
Governor shall serve until the third Monday in January | 19 | | 1999, the member
appointed by the county board chairman of | 20 | | LaSalle County shall serve until the
third Monday in January, | 21 | | 1992, the members appointed by the county
board
chairmen of | 22 | | Grundy County, Bureau County, Putnam County, and Marshall
| 23 | | County shall serve until the third Monday in January, 1994, and | 24 | | the
member appointed by the county board chairman of Kendall | 25 | | County
shall serve until the third Monday in January, 1999.
The | 26 | | initial members appointed by the chairmen of the county boards
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| 1 | | of Kane and McHenry counties shall serve until
the third Monday | 2 | | in January, 2003. The initial members appointed by the chairman | 3 | | of the county board
of Lake County shall serve until
the third | 4 | | Monday in January, 2018.
All successors shall be
appointed by | 5 | | the original appointing authority and hold office for a term
of | 6 | | 3 years commencing the third Monday in January of the year in | 7 | | which
their term commences, except in case of an appointment to | 8 | | fill a vacancy.
Vacancies occurring among the public members | 9 | | shall be filled for the
remainder of the term. In case of | 10 | | vacancy in a Governor-appointed
membership when the Senate is | 11 | | not in session, the Governor may make a
temporary appointment | 12 | | until the next meeting of the Senate when a person
shall be | 13 | | nominated to fill such office, and any person so nominated who | 14 | | is
confirmed by the Senate shall hold office during the | 15 | | remainder of the term
and until a successor shall be appointed | 16 | | and qualified. Members of the
Authority shall not be entitled | 17 | | to compensation for their services as
members but shall be | 18 | | entitled to reimbursement for all necessary expenses
incurred | 19 | | in connection with the performance of their duties as members.
| 20 | | (d) The Governor may remove any public member of the | 21 | | Authority in case
of incompetency, neglect of duty, or | 22 | | malfeasance in office.
| 23 | | (e) The Board shall appoint an Executive Director who shall | 24 | | have a
background in finance, including familiarity with the | 25 | | legal and
procedural requirements of issuing bonds, real estate | 26 | | or economic
development and administration. The Executive |
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| 1 | | Director shall hold office
at the discretion of the Board. The | 2 | | Executive Director shall be the chief
administrative and | 3 | | operational officer of the Authority, shall direct
and | 4 | | supervise its administrative affairs and general management, | 5 | | shall perform
such other duties as may be prescribed from time | 6 | | to time by the members and
shall receive compensation fixed by | 7 | | the Authority. The Executive Director
shall attend all meetings | 8 | | of the Authority; however, no action of the
Authority shall be | 9 | | invalid on account of the absence of the Executive
Director | 10 | | from a meeting. The Authority may engage the services of such
| 11 | | other agents and employees, including attorneys, appraisers, | 12 | | engineers,
accountants, credit analysts and other consultants, | 13 | | as it may deem
advisable and may prescribe their duties and fix | 14 | | their compensation.
| 15 | | (f) The Board may, by majority vote, nominate up to 4 | 16 | | non-voting members
for appointment by the Governor. Non-voting | 17 | | members shall be persons of
recognized ability and experience | 18 | | in one or more of the following areas:
economic development, | 19 | | finance, banking, industrial development, small
business | 20 | | management, real estate development, community development,
| 21 | | venture finance, organized labor or civic, community or | 22 | | neighborhood
organization. Non-voting members shall serve at | 23 | | the pleasure of the Board.
All non-voting members may attend | 24 | | meetings of the Board and shall be
reimbursed as provided in | 25 | | subsection (c).
| 26 | | (g) The Board shall create a task force to study and make
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| 1 | | recommendations to the Board on the economic development of the | 2 | | territory
within the jurisdiction of this Act. The members of | 3 | | the task force shall
reside within the territorial jurisdiction | 4 | | of this Act, shall serve at the
pleasure of the Board and shall | 5 | | be persons of recognized ability and
experience in one or more | 6 | | of the following areas: economic development,
finance, | 7 | | banking, industrial development, small business management, | 8 | | real
estate development, community development, venture | 9 | | finance, organized labor
or civic, community or neighborhood | 10 | | organization. The number of members
constituting the task force | 11 | | shall be set by the Board and may vary from
time to time. The | 12 | | Board may set a specific date by which the task force is
to | 13 | | submit its final report and recommendations to the Board.
| 14 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 15 | | (70 ILCS 530/7) (from Ch. 85, par. 7157)
| 16 | | Sec. 7. Bonds.
| 17 | | (a) The Authority, with the written approval of the
| 18 | | Governor, shall have the continuing power to issue bonds, | 19 | | notes, or other
evidences of indebtedness in an aggregate | 20 | | amount outstanding not to exceed $500,000,000
for the purpose | 21 | | of developing, constructing, acquiring or improving
projects, | 22 | | including those established by business entities locating or
| 23 | | expanding property within the territorial jurisdiction of the | 24 | | Authority,
for entering into venture capital agreements with | 25 | | businesses locating or
expanding within the territorial |
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| 1 | | jurisdiction of the Authority, for
acquiring and improving any | 2 | | property necessary and useful in connection
therewith and for | 3 | | the purposes of the Employee Ownership Assistance Act.
For the | 4 | | purpose of evidencing the obligations of the Authority to repay | 5 | | any
money borrowed, the Authority may, pursuant to resolution, | 6 | | from time to
time issue and dispose of its interest bearing | 7 | | revenue bonds, notes or
other evidences of indebtedness and may | 8 | | also from time to time issue and
dispose of such bonds, notes | 9 | | or other evidences of indebtedness to refund,
at maturity, at a | 10 | | redemption date or in advance of either, any bonds, notes
or | 11 | | other evidences of indebtedness pursuant to redemption | 12 | | provisions or at
any time before maturity. All such bonds, | 13 | | notes or other evidences of
indebtedness shall be payable | 14 | | solely and only from the revenues or income
to be derived from | 15 | | loans made with respect to projects, from the leasing or
sale | 16 | | of the projects or from any other funds available to the | 17 | | Authority for
such purposes. The bonds, notes or other | 18 | | evidences of indebtedness may
bear such date or dates, may | 19 | | mature at such time or times not exceeding 40
years from their | 20 | | respective dates, may bear interest at such rate or rates
not | 21 | | exceeding the maximum rate permitted by "An Act to authorize | 22 | | public
corporations to issue bonds, other evidences of | 23 | | indebtedness and tax
anticipation warrants subject to interest | 24 | | rate limitations set forth
therein", approved May 26, 1970, as | 25 | | amended, may be in such form, may carry
such registration | 26 | | privileges, may be executed in such manner, may be
payable at |
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| 1 | | such place or places, may be made subject to redemption in such
| 2 | | manner and upon such terms, with or without premium as is | 3 | | stated on the
face thereof, may be authenticated in such manner | 4 | | and may contain such
terms and covenants as may be provided by | 5 | | an applicable resolution.
| 6 | | (b-1) The holder or holders of any bonds, notes or other | 7 | | evidences of
indebtedness issued by the Authority may bring | 8 | | suits at law or proceedings
in equity to compel the performance | 9 | | and observance by any corporation or
person or by the Authority | 10 | | or any of its agents or employees of any
contract or covenant | 11 | | made with the holders of such bonds, notes or other
evidences | 12 | | of indebtedness, to compel such corporation, person, the
| 13 | | Authority and any of its agents or employees to perform any | 14 | | duties required
to be performed for the benefit of the holders | 15 | | of any such bonds, notes or
other evidences of indebtedness by | 16 | | the provision of the resolution
authorizing their issuance and | 17 | | to enjoin such corporation, person, the
Authority and any of | 18 | | its agents or employees from taking any action in
conflict with | 19 | | any such contract or covenant.
| 20 | | (b-2) If the Authority fails to pay the principal of or | 21 | | interest on any
of the bonds or premium, if any, as the same | 22 | | become due, a civil action to
compel payment may be instituted | 23 | | in the appropriate circuit court by the
holder or holders of | 24 | | the bonds on which such default of payment exists or
by an | 25 | | indenture trustee acting on behalf of such holders. Delivery of | 26 | | a
summons and a copy of the complaint to the Chairman of the |
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| 1 | | Board shall
constitute sufficient service to give the circuit | 2 | | court jurisdiction of the
subject matter of such a suit and | 3 | | jurisdiction over the Authority and its
officers named as | 4 | | defendants for the purpose of compelling such payment.
Any | 5 | | case, controversy or cause of action concerning the validity of | 6 | | this Act
relates to the revenue of the State of Illinois.
| 7 | | (c) Notwithstanding the form and tenor of any such bonds, | 8 | | notes or other
evidences of indebtedness and in the absence of | 9 | | any express recital on the
face thereof that it is | 10 | | non-negotiable, all such bonds, notes and other
evidences of | 11 | | indebtedness shall be negotiable instruments. Pending the
| 12 | | preparation and execution of any such bonds, notes or other | 13 | | evidences of
indebtedness, temporary bonds, notes or evidences | 14 | | of indebtedness may be
issued as provided by ordinance.
| 15 | | (d) To secure the payment of any or all of such bonds, | 16 | | notes or other
evidences of indebtedness, the revenues to be | 17 | | received by the Authority from
a lease agreement or loan | 18 | | agreement shall be pledged, and, for the purpose
of setting | 19 | | forth the covenants and undertakings of the Authority in
| 20 | | connection with the issuance thereof and the issuance of any | 21 | | additional
bonds, notes or other evidences of indebtedness | 22 | | payable from such revenues,
income or other funds to be derived | 23 | | from projects, the Authority may
execute and deliver a mortgage | 24 | | or trust agreement. A remedy for any breach
or default of the | 25 | | terms of any such mortgage or trust agreement by the
Authority | 26 | | may be by mandamus proceedings in the appropriate circuit court
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| 1 | | to compel the performance and compliance therewith, but the | 2 | | trust agreement
may prescribe by whom or on whose behalf such | 3 | | action may be instituted.
| 4 | | (e) Such bonds or notes shall be secured as provided in the | 5 | | authorizing
ordinance which may, notwithstanding any other | 6 | | provision of this Act,
include in addition to any other | 7 | | security a specific pledge or assignment
of and lien on or | 8 | | security interest in any or all revenues or money of the
| 9 | | Authority from whatever source which may by law be used for | 10 | | debt
service purposes and a specific pledge or assignment of | 11 | | and lien on or
security interest in any funds or accounts | 12 | | established or provided for by
ordinance of the Authority | 13 | | authorizing the issuance of such bonds or notes.
| 14 | | (f) (Blank). In the event that the Authority determines | 15 | | that monies of the
Authority will not be sufficient for the | 16 | | payment of the principal of and
interest on its bonds during | 17 | | the next State fiscal year, the
Chairman, as soon as | 18 | | practicable, shall certify to the Governor the
amount required | 19 | | by the Authority to enable
it to pay such principal of and | 20 | | interest on the bonds.
The Governor shall submit the amount so | 21 | | certified to the General Assembly
as soon as practicable, but | 22 | | no later than the end of the current State fiscal
year. This | 23 | | Section shall
not apply to any bonds or notes as to which the
| 24 | | Authority shall have determined, in the resolution authorizing | 25 | | the issuance
of the bonds or notes, that this Section shall not | 26 | | apply. Whenever the
Authority makes such a determination, that |
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| 1 | | fact shall be plainly stated on
the face of the bonds or notes | 2 | | and that fact shall also be reported to the Governor.
| 3 | | In the event of a withdrawal of moneys from a reserve fund | 4 | | established
with respect to any issue or issues of bonds of the | 5 | | Authority to pay
principal or interest on those bonds, the | 6 | | Chairman of the Authority, as
soon as practicable, shall | 7 | | certify to the Governor the amount required
to restore the | 8 | | reserve fund to the level required in the
resolution or | 9 | | indenture securing those bonds.
The Governor shall submit the | 10 | | amount so certified to the General Assembly
as soon as | 11 | | practicable, but no later than the end of the current State | 12 | | fiscal year. This subsection (f) shall not apply to any bond | 13 | | issued on or after the effective date of this amendatory Act of | 14 | | the 97th General Assembly.
| 15 | | (g) The State of Illinois pledges to and agrees with the | 16 | | holders of the
bonds and notes of the Authority issued pursuant | 17 | | to this Section that the
State will not limit or alter the | 18 | | rights and powers vested in the Authority
by this Act so as to | 19 | | impair the terms of any contract made by the Authority
with | 20 | | such holders or in any way impair the rights and remedies of | 21 | | such
holders until such bonds and notes, together with interest | 22 | | thereon, with
interest on any unpaid installments of interest, | 23 | | and all costs and expenses
in connection with any action or | 24 | | proceedings by or on behalf of such
holders, are fully met and | 25 | | discharged. In addition, the State pledges to
and agrees with | 26 | | the holders of the bonds and notes of the Authority issued
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| 1 | | pursuant to this Section that the State will not limit or alter | 2 | | the basis
on which State funds are to be paid to the Authority | 3 | | as provided in this
Act, or the use of such funds, so as to | 4 | | impair the terms of any such
contract. The Authority is | 5 | | authorized to include these pledges and
agreements of the State | 6 | | in any contract with the holders of bonds or notes
issued | 7 | | pursuant to this Section.
| 8 | | (h) (Blank).
| 9 | | (Source: P.A. 97-312, eff. 8-11-11; 98-750, eff. 1-1-15 .)
| 10 | | Section 10. The North Shore Sanitary District Act is | 11 | | amended by changing the title of the Act and Sections 0.1, 4, | 12 | | and 11 and by adding Sections 0.5, 7.6, 7.7, 18.5, and 31 as | 13 | | follows:
| 14 | | (70 ILCS 2305/Act title)
| 15 | | An Act to create water reclamation sanitary districts, and
| 16 | | to provide for sewage disposal.
| 17 | | (70 ILCS 2305/0.1) (from Ch. 42, par. 276.99)
| 18 | | Sec. 0.1.
This Act shall be known and may be cited as the | 19 | | "North Shore Water Reclamation
Sanitary District Act".
| 20 | | (Source: P.A. 77-699.)
| 21 | | (70 ILCS 2305/0.5 new) | 22 | | Sec. 0.5. Sanitary district references. On and after the |
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| 1 | | date the sanitary district renames itself under Section 4 of | 2 | | this Act, any references to "sanitary district" in this Act | 3 | | shall mean "water reclamation district". Any references to | 4 | | "North Shore Sanitary District" in this Act shall mean "North | 5 | | Shore Water Reclamation District".
| 6 | | (70 ILCS 2305/4) (from Ch. 42, par. 280)
| 7 | | Sec. 4. Board of trustees; powers; compensation. The | 8 | | trustees shall
constitute a board of trustees for the district.
| 9 | | The board of trustees is the corporate authority of the | 10 | | district, and
shall exercise all the powers and manage and | 11 | | control all the affairs and
property of the district. The board | 12 | | shall elect a president and
vice-president from among their own | 13 | | number. In case of the death,
resignation, absence from the | 14 | | state, or other disability of the
president, the powers, duties | 15 | | and emoluments of the office of the
president shall devolve | 16 | | upon the vice-president, until the disability
is removed or | 17 | | until a successor to the president is appointed and chosen
in | 18 | | the manner provided in this Act. The board may select a | 19 | | secretary,
treasurer, executive director, and attorney, and | 20 | | may provide
by ordinance for the employment of other employees | 21 | | as
the board may deem necessary for the municipality. The board | 22 | | may appoint
such other officers and hire such employees to | 23 | | manage and control the
operations of the district as it deems | 24 | | necessary; provided, however, that the
board shall not employ | 25 | | an individual as a wastewater operator whose Certificate
of |
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| 1 | | Technical Competency is suspended or revoked under rules | 2 | | adopted by the
Pollution Control Board under item (4) of | 3 | | subsection (a) of Section 13 of the
Environmental Protection | 4 | | Act. All employees
selected by the board shall hold their | 5 | | respective offices during the
pleasure of the board, and give | 6 | | such bond as may be required by the
board. The board may | 7 | | prescribe the duties and fix the compensation of
all the | 8 | | officers and employees of the sanitary district. However, the
| 9 | | president of the board of trustees shall not receive more than | 10 | | $10,000 per
year and the other members of the board shall not | 11 | | receive more than $7,000
per year. However, beginning with the | 12 | | commencement of the new term of each
board member in 1993, the | 13 | | president shall not receive more than $11,000 per
year and each | 14 | | other member of the board shall not receive more than $8,000
| 15 | | per year. Beginning with the commencement of the first new term | 16 | | after the effective date of this amendatory Act of the 95th | 17 | | General Assembly, the president of the board shall not receive | 18 | | more than $14,000 per year, and each other member of the board | 19 | | shall not receive more than $11,000 per year. Notwithstanding | 20 | | any other provision of this Section, the board of trustees may | 21 | | increase the annual rate of compensation at a separate flat | 22 | | amount for the president and the other members with a vote by | 23 | | at least 4 of the 5 trustees, and the increased annual rate of | 24 | | compensation shall apply to the president and the other members | 25 | | whose terms as members of the board commence after the increase | 26 | | in compensation is adopted by the board. The board of trustees |
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| 1 | | has full power to pass all necessary
ordinances, rules and | 2 | | regulations for the proper management and conduct of
the | 3 | | business of the board and of the corporation, and for carrying | 4 | | into
effect the objects for which the sanitary district was | 5 | | formed. The
ordinances may provide for a fine for each offense | 6 | | of not less than $100 or
more than $1,000. Each day's | 7 | | continuance of a violation shall be a
separate offense. Fines | 8 | | under this Section are recoverable by the sanitary
district in | 9 | | a civil action. The sanitary district is authorized to apply
to | 10 | | the circuit court for injunctive relief or mandamus when, in | 11 | | the opinion
of the chief administrative officer, the relief is | 12 | | necessary
to protect the sewerage system of the sanitary | 13 | | district.
| 14 | | The board of trustees shall have the authority to change | 15 | | the name of the District, by ordinance, to the North Shore | 16 | | Water Reclamation District. Any such name change shall not | 17 | | impair the legal status of any act by the sanitary district. If | 18 | | an ordinance is passed pursuant to this paragraph, all | 19 | | provisions of this Act shall apply to the newly renamed | 20 | | district . No rights, duties, or privilege of such sanitary | 21 | | district or of any person existing before the change of name | 22 | | shall be affected by the change in the name of the sanitary | 23 | | district. All proceedings pending in any court relating to such | 24 | | sanitary district may continue to final consummation under the | 25 | | name in which they were commenced .
| 26 | | (Source: P.A. 98-162, eff. 8-2-13.)
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| 1 | | (70 ILCS 2305/7.6 new) | 2 | | Sec. 7.6. Rates for treatment and disposal of sewage and | 3 | | surface or ground water. The board of trustees shall have the | 4 | | authority by ordinance to establish, revise, and maintain rates | 5 | | or charges for the treatment and disposal of sewage and surface | 6 | | or ground water. Any user charge, industrial waste surcharge, | 7 | | or industrial cost recovery charge imposed by the sanitary | 8 | | district, together with all penalties, interest, and costs | 9 | | imposed in connection therewith, shall be liens against the | 10 | | real estate which receives the service or benefit for which the | 11 | | charges are being imposed; provided, however, such liens shall | 12 | | not attach to such real estate until such charges or rates have | 13 | | become delinquent as provided by the ordinance of the sanitary | 14 | | district and provided further, that nothing in this Section | 15 | | shall be construed to give the sanitary district a preference | 16 | | over the rights of any purchaser, mortgagee, judgment creditor, | 17 | | or other lien holder arising prior to the filing in the office | 18 | | of the recorder of the county in which real estate is located | 19 | | of notice of the lien, which notice shall consist of a sworn | 20 | | statement setting out (1) a description of the real estate for | 21 | | which the service or the benefit was rendered sufficient to | 22 | | identify the real estate, (2) the amount or amounts of money | 23 | | due for such service or benefit, and (3) the date or dates when | 24 | | such amount or amounts became delinquent. The sanitary district | 25 | | shall have the power to foreclose such lien in the same manner |
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| 1 | | and with the same effect as in the foreclosure of mortgages on | 2 | | real estate. | 3 | | The assertion of liens against real estate by the sanitary | 4 | | district to secure payment of user charges, industrial waste | 5 | | surcharges, or industrial cost recovery charges imposed by the | 6 | | sanitary district as indicated in the previous paragraph shall | 7 | | be in addition to any other remedy or right of recovery which | 8 | | the sanitary district may have with respect to the collection | 9 | | or recovery of such charges imposed by the sanitary district. | 10 | | Judgment in a civil action brought by the sanitary district to | 11 | | recover or collect such charges shall not operate as a release | 12 | | and waiver of the lien upon the real estate for the amount of | 13 | | the judgment. Only satisfaction of the judgment or the filing | 14 | | of a release or satisfaction of lien shall release said lien. | 15 | | The lien for charges on account of services or benefits | 16 | | provided for in this Section and the rights created hereunder | 17 | | shall be in addition to the lien upon real estate created by | 18 | | and imposed for general real estate taxes. | 19 | | (70 ILCS 2305/7.7 new) | 20 | | Sec. 7.7. Discharge into sewers of the sanitary district. | 21 | | (a) As used in this Section: | 22 | | "Executive director" means the executive director of the | 23 | | sanitary district. | 24 | | "Industrial wastes" means all solids, liquids, or gaseous | 25 | | wastes resulting from any commercial, industrial, |
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| 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 | | "Sewage" means water-carried human wastes or a combination | 14 | | of water-carried wastes from residences, buildings, | 15 | | businesses, industrial establishments, institutions, or other | 16 | | places together with any ground, surface, storm, or other water | 17 | | that may be present. | 18 | | (b) It shall be unlawful for any person to discharge | 19 | | sewage, industrial waste, or other wastes into the sewerage | 20 | | system of the sanitary district or into any sewer tributary | 21 | | therewith, except upon the terms and conditions that the | 22 | | sanitary district might reasonably impose by way of ordinance, | 23 | | permit, rule, or regulation. | 24 | | The sanitary district, in addition to all other powers | 25 | | vested in it and in the interest of public health and safety, | 26 | | or as authorized by subsections (b) and (c) of Section 46 of |
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| 1 | | the Environmental Protection Act, is hereby empowered to pass | 2 | | all ordinances, rules, or regulations necessary to implement | 3 | | this Section, including, but not limited to, the imposition of | 4 | | charges based on factors that influence the cost of treatment, | 5 | | including strength and volume, and including the right of | 6 | | access during reasonable hours to the premises of a person for | 7 | | enforcement of adopted ordinances, rules, or regulations. | 8 | | (c) Whenever the sanitary district, acting through the | 9 | | executive director, determines that sewage, industrial wastes, | 10 | | or other wastes are being discharged into the sewerage system | 11 | | and when, in the opinion of the executive director, the | 12 | | discharge is in violation of an ordinance, rules, or | 13 | | regulations adopted by the board of trustees under this Section | 14 | | governing industrial wastes or other wastes, the executive | 15 | | director shall order the offending party to cease and desist. | 16 | | The order shall be served by certified mail or personally on | 17 | | the owner, officer, registered agent, or individual designated | 18 | | by permit. | 19 | | In the event the offending party fails or refuses to | 20 | | discontinue the discharge within 90 days after notification of | 21 | | the cease and desist order, the executive director may order | 22 | | the offending party to show cause before the board of trustees | 23 | | of the sanitary district why the discharge should not be | 24 | | discontinued. A notice shall be served on the offending party | 25 | | directing him, her, or it to show cause before the board of | 26 | | trustees why an order should not be entered directing the |
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| 1 | | discontinuance of the discharge. The notice shall specify the | 2 | | time and place where a hearing will be held and shall be served | 3 | | personally or by registered or certified mail at least 10 days | 4 | | before the hearing; and, in the case of a unit of local | 5 | | government or a corporation, the service shall be upon an | 6 | | officer or agent thereof. After reviewing the evidence, the | 7 | | board of trustees may issue an order to the party responsible | 8 | | for the discharge, directing that within a specified period of | 9 | | time the discharge be discontinued. The board of trustees may | 10 | | also order the party responsible for the discharge to pay a | 11 | | civil penalty in an amount specified by the board of trustees | 12 | | that is not less than $1,000 nor more than $2,000 per day for | 13 | | each day of discharge of effluent in violation of this Act as | 14 | | provided in subsection (d). The board of trustees may also | 15 | | order the party responsible for the violation to pay court | 16 | | reporter costs and hearing officer fees in an amount not | 17 | | exceeding $3,000. | 18 | | (d) The board of trustees shall establish procedures for | 19 | | assessing civil penalties and issuing orders under subsection | 20 | | (c) as follows: | 21 | | (1) In making its orders and determinations, the board | 22 | | of trustees shall take into consideration all the facts and | 23 | | circumstances bearing on the activities involved and the | 24 | | assessment of civil penalties as shown by the record | 25 | | produced at the hearing. | 26 | | (2) The board of trustees shall establish a panel of |
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| 1 | | one or more independent hearing officers to conduct all | 2 | | hearings on the assessment of civil penalties and issuance | 3 | | of orders under subsection (c). All hearing officers shall | 4 | | be attorneys licensed to practice law in this State. | 5 | | (3) The board of trustees shall promulgate procedural | 6 | | rules governing the proceedings, the assessment of civil | 7 | | penalties, and the issuance of orders. | 8 | | (4) All hearings shall be on the record, and testimony | 9 | | taken must be under oath and recorded stenographically. | 10 | | Transcripts so recorded must be made available to any | 11 | | member of the public or any party to the hearing upon | 12 | | payment of the usual charges for transcripts. At the | 13 | | hearing, the hearing officer may issue, in the name of the | 14 | | board of trustees, notices of hearing requesting the | 15 | | attendance and testimony of witnesses, the production of | 16 | | evidence relevant to any matter involved in the hearing, | 17 | | and may examine witnesses. | 18 | | (5) The hearing officer shall conduct a full and | 19 | | impartial hearing on the record, with an opportunity for | 20 | | the presentation of evidence and cross-examination of the | 21 | | witnesses. The hearing officer shall issue findings of | 22 | | fact, conclusions of law, a recommended civil penalty, and | 23 | | an order based solely on the record. The hearing officer | 24 | | may also recommend, as part of the order, that the | 25 | | discharge of industrial waste be discontinued within a | 26 | | specified time. |
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| 1 | | (6) The findings of fact, conclusions of law, | 2 | | recommended civil penalty, and order shall be transmitted | 3 | | to the board of trustees along with a complete record of | 4 | | the hearing. | 5 | | (7) The board of trustees shall either approve or | 6 | | disapprove the findings of fact, conclusions of law, | 7 | | recommended civil penalty, and order. If the findings of | 8 | | fact, conclusions of law, recommended civil penalty, or | 9 | | order are rejected, the board of trustees shall remand the | 10 | | matter to the hearing officer for further proceedings. If | 11 | | the order is accepted by the board of trustees, it shall | 12 | | constitute the final order of the board of trustees. | 13 | | (8) The civil penalty specified by the board of | 14 | | trustees shall be paid within 35 days after the party on | 15 | | whom it is imposed receives a written copy of the order of | 16 | | the board of trustees, unless the person or persons to whom | 17 | | the order is issued seeks judicial review. | 18 | | (9) If a person seeks judicial review of the order | 19 | | assessing civil penalties, the person shall, within 35 days | 20 | | after the date of the final order, pay the amount of the | 21 | | civil penalties into an escrow account maintained by the | 22 | | sanitary district for that purpose or file a bond | 23 | | guaranteeing payment of the civil penalties if the civil | 24 | | penalties are upheld on review. | 25 | | (10) Civil penalties not paid by the times specified | 26 | | above shall be delinquent and subject to a lien recorded |
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| 1 | | against the property of the person ordered to pay the | 2 | | penalty. The foregoing provisions for asserting liens | 3 | | against real estate by the sanitary district shall be in | 4 | | addition to any other remedy or right of recovery that the | 5 | | sanitary district may have with respect to the collection | 6 | | or recovery of penalties and charges imposed by the | 7 | | sanitary district. Judgment in a civil action brought by | 8 | | the sanitary district to recover or collect the charges | 9 | | shall not operate as a release and waiver of the lien upon | 10 | | the real estate for the amount of the judgment. Only | 11 | | satisfaction of the judgment or the filing of a release or | 12 | | satisfaction of lien shall release the lien. | 13 | | (e) The executive director may order a person to cease the | 14 | | discharge of industrial waste upon a finding by the executive | 15 | | director that the final order of the board of trustees entered | 16 | | after a hearing to show cause has been violated. The executive | 17 | | director shall serve the person with a copy of his or her order | 18 | | either by certified mail or personally by serving the owner, | 19 | | officer, registered agent, or individual designated by permit. | 20 | | The order of the executive director shall also schedule an | 21 | | expedited hearing before a hearing officer designated by the | 22 | | board of trustees for the purpose of determining whether the | 23 | | person has violated the final order of the board of trustees. | 24 | | The board of trustees shall adopt rules of procedure governing | 25 | | expedited hearings. In no event shall the hearing be conducted | 26 | | less than 7 days after service of the executive director's |
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| 1 | | order. | 2 | | At the conclusion of the expedited hearing, the hearing | 3 | | officer shall prepare a report with his or her findings and | 4 | | recommendations and transmit it to the board of trustees. If | 5 | | the board of trustees, after reviewing the findings and | 6 | | recommendations, and the record produced at the hearing, | 7 | | determines that the person has violated the board of trustees' | 8 | | final order, the board of trustees may authorize the plugging | 9 | | of the sewer. The executive director shall give not less than | 10 | | 10 days' written notice of the board of trustees' order to the | 11 | | owner, officer, registered agent, or individual designated by | 12 | | permit, as well as the owner of record of the real estate and | 13 | | other parties known to be affected, that the sewer will be | 14 | | plugged. | 15 | | The foregoing provision for plugging a sewer shall be in | 16 | | addition to any other remedy that the sanitary district may | 17 | | have to prevent violation of its ordinances and orders of its | 18 | | board of trustees. | 19 | | (f) A violation of the final order of the board of trustees | 20 | | shall be considered a nuisance. If any person discharges | 21 | | sewage, industrial wastes, or other wastes into any waters | 22 | | contrary to the final order of the board of trustees, the | 23 | | sanitary district, acting through the executive director, has | 24 | | the power to commence an action or proceeding in the circuit | 25 | | court in and for the county in which the sanitary district is | 26 | | located for the purpose of having the discharge stopped either |
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| 1 | | by mandamus or injunction, or to remedy the violation in any | 2 | | manner provided for in this Section. | 3 | | The court shall specify a time, not exceeding 20 days after | 4 | | the service of the copy of the complaint, in which the party | 5 | | complained of must plead to the complaint, and in the meantime, | 6 | | the party may be restrained. In case of default or after | 7 | | pleading, the court shall immediately inquire into the facts | 8 | | and circumstances of the case and enter an appropriate judgment | 9 | | in respect to the matters complained of. Appeals may be taken | 10 | | as in other civil cases. | 11 | | (g) The sanitary district, acting through the executive | 12 | | director, has the power to commence an action or proceeding for | 13 | | mandamus or injunction in the circuit court ordering a person | 14 | | to cease its discharge, when, in the opinion of the executive | 15 | | director, the person's discharge presents an imminent danger to | 16 | | the public health, welfare, or safety; presents or may present | 17 | | an endangerment to the environment; or threatens to interfere | 18 | | with the operation of the sewerage system or a water | 19 | | reclamation plant under the jurisdiction of the sanitary | 20 | | district. The initiation of a show cause hearing is not a | 21 | | prerequisite to the commencement by the sanitary district of an | 22 | | action or proceeding for mandamus or injunction in the circuit | 23 | | court. The court shall specify a time, not exceeding 20 days | 24 | | after the service of a copy of the petition, in which the party | 25 | | complained of must answer the petition, and in the meantime, | 26 | | the party may be restrained. In case of default in answer or |
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| 1 | | 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 judgment of | 6 | | the circuit court in other actions for mandamus or injunction. | 7 | | (h) Whenever the sanitary district commences an action | 8 | | under subsection (f) of this Section, the court shall assess a | 9 | | civil penalty of not less than $1,000 nor more than $10,000 for | 10 | | each day the person violates the board of trustees' order. | 11 | | Whenever the sanitary district commences an action under | 12 | | subsection (g) of this Section, the court shall assess a civil | 13 | | penalty of not less than $1,000 nor more than $10,000 for each | 14 | | day the person violates the ordinance. Each day's continuance | 15 | | of the violation is a separate offense. The penalties provided | 16 | | in this Section plus interest at the rate set forth in the | 17 | | Interest Act on unpaid penalties, costs, and fees, imposed by | 18 | | the board of trustees under subsection (d); the reasonable | 19 | | costs to the sanitary district of removal or other remedial | 20 | | action caused by discharges in violation of this Act; | 21 | | reasonable attorney's fees; court costs; other expenses of | 22 | | litigation; and costs for inspection, sampling, analysis, and | 23 | | administration related to the enforcement action against the | 24 | | offending party are recoverable by the sanitary district in a | 25 | | civil action. | 26 | | (i) The board of trustees may establish fees for late |
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| 1 | | filing of reports with the sanitary district required by an | 2 | | ordinance governing discharges. The sanitary district shall | 3 | | provide by certified mail a written notice of the fee | 4 | | assessment that states the person has 30 days after the receipt | 5 | | of the notice to request a conference with the executive | 6 | | director's designee to discuss or dispute the appropriateness | 7 | | of the assessed fee. Unless a person objects to paying the fee | 8 | | for filing a report late by timely requesting in writing a | 9 | | conference with a designee of the executive director, that | 10 | | person waives his or her right to a conference and the sanitary | 11 | | district may impose a lien recorded against the property of the | 12 | | person for the amount of the unpaid fee. | 13 | | If a person requests a conference and the matter is not | 14 | | resolved at the conference, the person subject to the fee may | 15 | | request an administrative hearing before an impartial hearing | 16 | | officer appointed under subsection (d) to determine the | 17 | | person's liability for and the amount of the fee.
If the | 18 | | hearing officer finds that the late filing fees are owed to the | 19 | | sanitary district, the sanitary district shall notify the | 20 | | responsible person or persons of the hearing officer's | 21 | | decision. If payment is not made within 30 days after the | 22 | | notice, the sanitary district may impose a lien on the property | 23 | | of the person or persons. | 24 | | Any liens filed under this subsection shall apply only to | 25 | | the property to which the late filing fees are related. A claim | 26 | | for lien shall be filed in the office of the recorder of the |
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| 1 | | county in which the property is located. The filing of a claim | 2 | | for lien by the sanitary district does not prevent the sanitary | 3 | | district from pursuing other means for collecting late filing | 4 | | fees. If a claim for lien is filed, the sanitary district shall | 5 | | notify the person whose property is subject to the lien, and | 6 | | the person may challenge the lien by filing an action in the | 7 | | circuit court. The action shall be filed within 90 days after | 8 | | the person receives the notice of the filing of the claim for | 9 | | lien. The court shall hear evidence concerning the underlying | 10 | | reasons for the lien only if an administrative hearing has not | 11 | | been held under this subsection. | 12 | | (j) To be effective service under this Section, a demand or | 13 | | order sent by certified or registered mail to the last known | 14 | | address need not be received by the offending party. Service of | 15 | | the demand or order by registered or certified mail shall be | 16 | | deemed effective upon deposit in the United States mail with | 17 | | proper postage prepaid and addressed as provided in this | 18 | | Section. | 19 | | (k) The provisions of the Administrative Review Law and all | 20 | | amendments and rules adopted pursuant to that Law apply to and | 21 | | govern all proceedings for the judicial review of final | 22 | | administrative decisions of the board of trustees in the | 23 | | enforcement of any ordinance, rule, or regulation adopted under | 24 | | this Act. The cost of preparing the record on appeal shall be | 25 | | paid by the person seeking a review of an order or action | 26 | | pursuant to the Administrative Review Law. |
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| 1 | | (l) The provisions of this Section are severable under | 2 | | Section 1.31 of the Statute on Statutes.
| 3 | | (70 ILCS 2305/11) (from Ch. 42, par. 287)
| 4 | | Sec. 11. Except as otherwise provided in this Section, all | 5 | | contracts
for purchases or sales by the municipality, the | 6 | | expense of which will exceed
the mandatory competitive bid | 7 | | threshold, shall be let to the
lowest responsible bidder | 8 | | therefor upon not less
than 14 days' public notice of the terms | 9 | | and conditions upon which the contract
is to be let, having | 10 | | been given by publication in a newspaper of general
circulation | 11 | | published in the district, and the board may reject any and all
| 12 | | bids and readvertise. In determining the lowest responsible | 13 | | bidder, the board
shall take into consideration the qualities | 14 | | and serviceability of the articles
supplied, their conformity | 15 | | with specifications, their suitability to the
requirements of | 16 | | the district, the availability of support services, the
| 17 | | uniqueness of the service, materials, equipment, or supplies as | 18 | | it applies to
network integrated computer systems, the | 19 | | compatibility of the service,
materials, equipment or supplies | 20 | | with existing equipment, and the delivery
terms. Contracts for | 21 | | services in excess of the mandatory competitive bid
threshold | 22 | | may, subject to the
provisions of this Section, be let by | 23 | | competitive bidding at the discretion of
the district board of | 24 | | trustees. All contracts for purchases or sales that
will not | 25 | | exceed the mandatory competitive bid threshold may be made in |
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| 1 | | the open market without publication in a
newspaper as above | 2 | | provided, but whenever practical shall be based on at least
3 | 3 | | competitive bids. For purposes of this Section, the "mandatory | 4 | | competitive
bid threshold"
is a dollar amount equal to 0.1% of | 5 | | the total general fixed
assets of the district as reported in | 6 | | the most recent required audit report.
In
no event, however, | 7 | | shall the mandatory competitive bid threshold dollar amount
be | 8 | | less than $10,000, nor more than $40,000.
| 9 | | Cash, a cashier's check, a
certified check, or a bid
bond | 10 | | with adequate surety approved by the board of trustees as a | 11 | | deposit of
good faith, in a reasonable amount, but not in | 12 | | excess of 10% of the contract
amount, may be required of each | 13 | | bidder by the district on all bids involving
amounts in excess | 14 | | of the mandatory competitive bid threshold and, if so
required, | 15 | | the advertisement for bids shall so specify.
| 16 | | Contracts which by their nature are not adapted to award by | 17 | | competitive
bidding, including, without limitation, contracts | 18 | | for the services of
individuals, groups or firms possessing a | 19 | | high degree of professional skill
where the ability or fitness | 20 | | of the individual or organization plays an
important part, | 21 | | contracts for financial management services undertaken
| 22 | | pursuant to "An Act relating to certain investments of public | 23 | | funds by
public agencies", approved July 23, 1943, as now or | 24 | | hereafter amended,
contracts for the purchase or sale of | 25 | | utilities, contracts for commodities including supply | 26 | | contracts for natural gas and electricity, contracts for |
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| 1 | | materials
economically procurable only from a single source of | 2 | | supply, contracts for services, supplies, materials, parts, or | 3 | | equipment which are available only from a single source or | 4 | | contracts for maintenance, repairs, OEM supplies, or OEM parts | 5 | | from the manufacturer or from a source authorized by the | 6 | | manufacturer, contracts for
the use, purchase, delivery, | 7 | | movement, or installation of
data processing equipment, | 8 | | software, or services and telecommunications and
interconnect | 9 | | equipment, software, or services, contracts for duplicating
| 10 | | machines and supplies, contracts for goods or services procured | 11 | | from another
governmental agency, purchases of equipment | 12 | | previously owned by an entity
other than the district itself, | 13 | | purchases of used equipment, purchases at auction or similar | 14 | | transactions which by their very nature are not suitable to | 15 | | competitive bids, and leases of real property where the | 16 | | sanitary
district is the lessee shall not be subject to the | 17 | | competitive bidding
requirements of this Section.
| 18 | | The District may use a design-build procurement method for | 19 | | any public project which shall not be subject to the | 20 | | competitive bidding requirements of this Section provided the | 21 | | Board of Trustees approves the contract for the public project | 22 | | by a vote of 4 of the 5 trustees. For the purposes of this | 23 | | Section, "design-build" means a delivery system that provides | 24 | | responsibility within a single contract for the furnishing of | 25 | | architecture, engineering, land surveying and related services | 26 | | as required, and the labor, materials, equipment, and other |
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| 1 | | construction services for the project. | 2 | | In the case of an emergency affecting the public health or | 3 | | safety so declared
by the Board of Trustees of the municipality | 4 | | at a meeting thereof
duly convened, which declaration shall | 5 | | require the affirmative vote of four
of the five Trustees, and | 6 | | shall set forth the nature of the
danger to the public health | 7 | | or safety, contracts totaling not more than the
emergency | 8 | | contract cap
may be let to the extent necessary to
resolve such | 9 | | emergency
without public advertisement or competitive bidding.
| 10 | | For purposes of this Section, the dollar amount of an emergency | 11 | | contract shall not be less than $40,000,
nor more than | 12 | | $350,000.
The Resolution
or Ordinance in which such declaration | 13 | | is embodied shall fix the date upon
which such emergency shall | 14 | | terminate which date may be extended or abridged
by the Board | 15 | | of Trustees as in their judgment the circumstances require. A
| 16 | | full written account of any such emergency, together with a | 17 | | requisition for the
materials, supplies, labor or equipment | 18 | | required therefor shall be submitted
immediately upon | 19 | | completion and shall be open to public inspection for a
period | 20 | | of at least one year subsequent to the date of such emergency | 21 | | purchase.
Within 30 days after the passage of the resolution or | 22 | | ordinance declaring an
emergency
affecting the public health or | 23 | | safety, the municipality shall submit to the
Illinois
| 24 | | Environmental Protection Agency the full written account of any | 25 | | such emergency
along
with a copy of the resolution or ordinance | 26 | | declaring the emergency, in
accordance with
requirements as may |
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| 1 | | be provided by rule.
| 2 | | To address operating emergencies not affecting the public | 3 | | health or safety,
the
Board of Trustees shall authorize, in | 4 | | writing, officials or employees of the
sanitary
district to | 5 | | purchase in the open market and without advertisement any | 6 | | supplies,
materials,
equipment, or services for immediate | 7 | | delivery to meet the bona fide operating
emergency, without | 8 | | filing a requisition or estimate therefor, in an amount not
in | 9 | | excess of
$100,000; provided that the Board of Trustees must be | 10 | | notified of the operating
emergency. A full, written account of | 11 | | each operating emergency and a
requisition for the
materials, | 12 | | supplies, equipment, and services required to meet the | 13 | | operating
emergency
must be immediately submitted by the | 14 | | officials or employees authorized to make
purchases to the
| 15 | | Board of
Trustees. The account must be available for public | 16 | | inspection for a period of
at least one
year after the date of | 17 | | the operating emergency purchase. The exercise of
authority | 18 | | with
respect to purchases for a bona fide operating emergency | 19 | | is not dependent on a
declaration of an operating emergency by | 20 | | the Board of Trustees.
| 21 | | The competitive bidding requirements of this Section do not | 22 | | apply to contracts, including contracts for both materials and | 23 | | services incidental thereto, for the repair or replacement of a | 24 | | sanitary district's treatment plant, sewers, equipment, or | 25 | | facilities damaged or destroyed as the result of a sudden or | 26 | | unexpected occurrence, including, but not limited to, a flood, |
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| 1 | | fire, tornado, earthquake, storm, or other natural or man-made | 2 | | disaster, if the board of trustees determines in writing that | 3 | | the awarding of those contracts without competitive bidding is | 4 | | reasonably necessary for the sanitary district to maintain | 5 | | compliance with a permit issued under the National Pollution | 6 | | Discharge Elimination System (NPDES) or any successor system or | 7 | | with any outstanding order relating to that compliance issued | 8 | | by the United States Environmental Protection Agency, the | 9 | | Illinois Environmental Protection Agency, or the Illinois | 10 | | Pollution Control Board. The authority to issue contracts | 11 | | without competitive bidding
pursuant to this paragraph expires | 12 | | 6 months after the date of the
writing determining that the | 13 | | awarding of contracts without competitive bidding is | 14 | | reasonably necessary. | 15 | | No Trustee shall be interested, directly or indirectly, in | 16 | | any contract,
work or business of the municipality, or in the | 17 | | sale of any article, whenever
the expense, price or | 18 | | consideration of the contract work, business or sale is
paid | 19 | | either from the treasury or by any assessment levied by any | 20 | | Statute or
Ordinance. No Trustee shall be interested, directly | 21 | | or indirectly, in the
purchase of any property which (1) | 22 | | belongs to the municipality, or (2) is sold
for taxes or | 23 | | assessments of the municipality, or (3) is sold by virtue of | 24 | | legal
process in the suit of the municipality.
| 25 | | A contract for any work or other public improvement, to be | 26 | | paid for in
whole or in part by special assessment or special |
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| 1 | | taxation, shall be entered
into and the
performance thereof | 2 | | controlled by the provisions of Division 2 of
Article 9 of the | 3 | | "Illinois Municipal Code", approved May 29, 1961, as
heretofore | 4 | | or hereafter amended, as near as may be. However, contracts
may | 5 | | be let for making proper and suitable connections between the | 6 | | mains
and outlets of the respective sanitary sewers in the | 7 | | district with any
conduit, conduits, main pipe or pipes that | 8 | | may be constructed by such
sanitary district.
| 9 | | (Source: P.A. 98-162, eff. 8-2-13.)
| 10 | | (70 ILCS 2305/18.5 new) | 11 | | Sec. 18.5. Contracts. The sanitary district may enter into | 12 | | contracts with municipalities or other parties outside the | 13 | | sanitary district that may request service from the sanitary | 14 | | district at higher rates than the existing rates for like | 15 | | consumers within the sanitary district to allow the sanitary | 16 | | district to obtain a fair return to cover the costs of | 17 | | financing, constructing, operating, and maintaining its | 18 | | facilities. In the event that thereafter such rates are not | 19 | | agreed upon by the parties or are not otherwise provided for by | 20 | | contract, such rates shall be fixed and determined by the | 21 | | circuit court of Lake County after a petition has been filed | 22 | | with that court. | 23 | | (70 ILCS 2305/31 new) | 24 | | Sec. 31. Resource recovery. |
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| 1 | | (a) As used in this Section: | 2 | | "Recovered resources" means any material produced by or | 3 | | extracted from the operation of sanitary district facilities, | 4 | | including, but not limited to: | 5 | | (1) solids, including solids from the digestion | 6 | | process, semi-solids, or liquid materials; | 7 | | (2) gases, including biogas, carbon dioxide, and | 8 | | methane; | 9 | | (3) nutrients; | 10 | | (4) algae; | 11 | | (5) treated effluent; and | 12 | | (6) thermal energy or hydropower. | 13 | | "Renewable energy facility" shall have the same meaning as | 14 | | a facility defined under Section 5 of the Renewable Energy | 15 | | Production District Act. | 16 | | "Renewable energy resources" means resources as defined | 17 | | under Section 1-10 of the Illinois Power Agency Act. | 18 | | "Resource recovery" means the recovery of material or | 19 | | energy from waste as defined under Section 3.435 of the | 20 | | Environmental Protection Act. | 21 | | (b) The General Assembly finds that: | 22 | | (1) technological advancements in wastewater treatment | 23 | | have resulted in the ability to capture recovered resources | 24 | | and produce renewable energy resources from material | 25 | | previously discarded; | 26 | | (2) the capture and beneficial reuse of recovered |
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| 1 | | resources and the production of renewable energy resources | 2 | | serve a wide variety of environmental benefits including, | 3 | | but not limited to, improved water quality, reduction of | 4 | | greenhouse gases, reduction of carbon footprint, reduction | 5 | | of landfill usage, reduced usage of hydrocarbon-based | 6 | | fuels, return of nutrients to the food cycle, and reduced | 7 | | water consumption; | 8 | | (3) the sanitary district is a leader in the field of | 9 | | wastewater treatment and possesses the expertise and | 10 | | experience necessary to capture and beneficially reuse or | 11 | | prepare for beneficial reuse recovered resources, | 12 | | including renewable energy resources; and | 13 | | (4) the sanitary district has the opportunity and | 14 | | ability to change the approach to wastewater treatment from | 15 | | that of a waste material to be disposed of to one of a | 16 | | collection of resources to be recovered, reused, and sold, | 17 | | with the opportunity to provide the sanitary district with | 18 | | additional sources of revenue and reduce operating costs. | 19 | | (c) The sanitary district may sell or otherwise dispose of | 20 | | recovered resources or renewable energy resources resulting | 21 | | from the operation of sanitary district facilities, and may | 22 | | construct, maintain, finance, and operate such activities, | 23 | | facilities, and other works as are necessary for that purpose. | 24 | | (d) The sanitary district may take in materials which are | 25 | | used in the generation of usable products from recovered | 26 | | resources, or which increase the production of renewable energy |
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| 1 | | resources, including but not limited to food waste, organic | 2 | | fraction of solid waste, commercial or industrial organic | 3 | | wastes, fats, oils, greases, and vegetable debris. | 4 | | (e) The authorizations granted to the sanitary district | 5 | | under this Section shall not be construed as modifying or | 6 | | limiting any other law or regulation. Any actions taken | 7 | | pursuant to the authorities granted in this Section must be in | 8 | | compliance with all applicable laws and regulations, | 9 | | including, but not limited to, the Environmental Protection | 10 | | Act, and rules adopted under that Act. | 11 | | Section 15. The Sanitary District Act of 1917 is amended by | 12 | | changing Section 17.1 as follows:
| 13 | | (70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)
| 14 | | Sec. 17.1. Acquiring district or municipal treatment | 15 | | works.
| 16 | | (a) After incorporation, any district organized under this | 17 | | Act may, in
accordance with this Act and an intergovernmental | 18 | | agreement with the sanitary
district being acquired or the | 19 | | municipality from whom the treatment works and
lines are to be | 20 | | acquired, acquire the territory, treatment works, lines,
| 21 | | appurtenances, and other property of (i) any sanitary district | 22 | | organized under
this Act, the Sanitary District Act of 1907, | 23 | | the North Shore Water Reclamation Sanitary District
Act, the | 24 | | Sanitary District Act of 1936, or the Metro-East Sanitary |
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| 1 | | District Act
of 1974 or (ii) any municipality whose treatment | 2 | | works were established under
the Illinois Municipal Code or the | 3 | | Municipal Wastewater Disposal Zones Act,
regardless of whether | 4 | | that district or municipality is contiguous to the
acquiring | 5 | | sanitary district. The distance between the sanitary district | 6 | | being
acquired or municipality and the acquiring sanitary | 7 | | district, however, as
measured between the points on their | 8 | | corporate boundaries that are nearest to
each other, shall not | 9 | | exceed 20 miles. In the case of a municipality, only that
| 10 | | property used by the municipality for transport, treatment, and | 11 | | discharge of
wastewater and for disposal of sewage sludge shall | 12 | | be transferred to the
acquiring sanitary district.
| 13 | | (b) The board of trustees of the sanitary district being | 14 | | acquired, or
the corporate authorities of a municipality whose | 15 | | treatment works is being
acquired, shall, jointly with the | 16 | | board of trustees of the acquiring sanitary
district, petition | 17 | | the circuit court of the county containing all or the larger
| 18 | | portion of the sanitary district being acquired or the | 19 | | municipality to permit
the acquisition. The petition shall show | 20 | | the following:
| 21 | | (1) The reason for the acquisition.
| 22 | | (2) That there are no debts of the sanitary district | 23 | | being
acquired or municipality outstanding, or that there | 24 | | are sufficient funds on
hand or available to satisfy those | 25 | | debts.
| 26 | | (3) That no contract or federal or State permit or |
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| 1 | | grant will be
impaired by the acquisition.
| 2 | | (4) That all assets and responsibilities of the | 3 | | sanitary district being
acquired or municipality, as they | 4 | | relate to wastewater treatment, have been
properly | 5 | | assigned to the acquiring sanitary district.
| 6 | | (5) That the acquiring sanitary district will pay any | 7 | | court costs
incurred in connection with the petition.
| 8 | | (6) The boundaries of the acquired sanitary district or | 9 | | municipality as
of the date of the petition.
| 10 | | (c) Upon adequate notice, including appropriate notice to | 11 | | the Illinois
Environmental Protection Agency, the circuit | 12 | | court shall hold a hearing to
determine whether there is good | 13 | | cause for the acquisition by the acquiring
district and whether | 14 | | the allegations of the petition are true. If the court
finds | 15 | | that there is good cause and that the allegations are true, it | 16 | | shall
order the acquisition to proceed. If the court finds that | 17 | | there is not good
cause for the acquisition or that the | 18 | | allegations of the petition are not true,
the court shall | 19 | | dismiss the petition. In either event, the costs shall be taxed
| 20 | | against the acquiring sanitary district. The order shall be | 21 | | final. Separate or
joint appeals may be taken by any party | 22 | | affected by the order as in other civil
cases.
| 23 | | (d) If the court orders the acquisition contemplated in the | 24 | | petition,
there shall be no further appointments of trustees if | 25 | | the acquired agency
is a sanitary district. The trustees of the | 26 | | acquired sanitary district acting
at the time of the order |
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| 1 | | shall close up the business affairs of the sanitary
district | 2 | | and make the necessary conveyances of title to the sanitary | 3 | | district
property in accordance with the intergovernmental | 4 | | agreement between the
acquiring and acquired sanitary | 5 | | districts. In the case of a municipality, the
governing body of | 6 | | the municipality shall make the necessary conveyances of
title | 7 | | to municipal property to the acquiring sanitary district in | 8 | | accordance
with the intergovernmental agreement between the | 9 | | municipality and the acquiring
sanitary district. The | 10 | | acquiring sanitary district's ordinances take effect in
the | 11 | | acquired territory upon entry of the order.
| 12 | | (e) The acquisition of any sanitary district by another | 13 | | sanitary
district or the acquisition of a treatment works from | 14 | | a municipality by
another sanitary district shall not affect | 15 | | the obligation of any bonds
issued or contracts entered into by | 16 | | the acquired sanitary district or
the municipality, nor | 17 | | invalidate the levy, extension, or collection of any
taxes or | 18 | | special assessments upon a property in the acquired sanitary | 19 | | district,
but all those bonds and contracts shall be | 20 | | discharged. The general obligation
indebtedness of the | 21 | | acquired sanitary district shall be paid from the proceeds
of | 22 | | continuing taxes and special assessments as provided in this | 23 | | Act.
| 24 | | All money remaining after the business affairs of the | 25 | | acquired sanitary
district or acquired treatment works of the | 26 | | municipality have been closed up
and all debts and obligations |
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| 1 | | of the entities paid shall be paid to the
acquiring sanitary | 2 | | district in accordance with the intergovernmental agreement
| 3 | | between the parties.
| 4 | | (f) The board of trustees of the acquiring sanitary | 5 | | district required to
provide sewer service under this Act may | 6 | | levy and collect, for that purpose, a
tax on the taxable | 7 | | property within that district. The aggregate amount of the
tax | 8 | | shall be as provided in this Act.
| 9 | | (g) Any intergovernmental agreement entered into by the | 10 | | parties
under this Section shall provide for the imposition or | 11 | | continuance of a
user charge system in accordance with the | 12 | | acquiring district's ordinance,
the Illinois Environmental | 13 | | Protection Act, and the federal Clean Water Act.
| 14 | | (h) All courts shall take judicial notice of the | 15 | | acquisition of the
sanitary district being acquired or | 16 | | municipal treatment works by the acquiring
sanitary district.
| 17 | | (Source: P.A. 87-1060.)
| 18 | | Section 20. The Eminent Domain Act is amended by changing | 19 | | Section 15-5-15 as follows: | 20 | | (735 ILCS 30/15-5-15)
| 21 | | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | 22 | | through 75. The following provisions of law may include express | 23 | | grants of the power to acquire property by condemnation or | 24 | | eminent domain: |
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| 1 | | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | 2 | | authorities; for public airport facilities.
| 3 | | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | 4 | | authorities; for removal of airport hazards.
| 5 | | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport | 6 | | authorities; for reduction of the height of objects or | 7 | | structures.
| 8 | | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate | 9 | | airport authorities; for general purposes.
| 10 | | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority | 11 | | Act; Kankakee River Valley Area Airport Authority; for | 12 | | acquisition of land for airports.
| 13 | | (70 ILCS 200/2-20); Civic Center Code; civic center | 14 | | authorities; for grounds, centers, buildings, and parking.
| 15 | | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | 16 | | Authority; for grounds, centers, buildings, and parking.
| 17 | | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | 18 | | Exposition, Auditorium and Office Building Authority; for | 19 | | grounds, centers, buildings, and parking.
| 20 | | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | 21 | | Authority; for grounds, centers, buildings, and parking.
| 22 | | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic | 23 | | Center Authority; for grounds, centers, buildings, and | 24 | | parking.
| 25 | | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
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| 1 | | District Civic Center Authority; for grounds, centers, | 2 | | buildings, and parking.
| 3 | | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center | 4 | | Authority; for grounds, centers, buildings, and parking.
| 5 | | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic | 6 | | Center Authority; for grounds, centers, buildings, and | 7 | | parking.
| 8 | | (70 ILCS 200/60-30); Civic Center Code; Collinsville | 9 | | Metropolitan Exposition, Auditorium and Office Building | 10 | | Authority; for grounds, centers, buildings, and parking.
| 11 | | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | 12 | | Center Authority; for grounds, centers, buildings, and | 13 | | parking.
| 14 | | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | 15 | | Exposition, Auditorium and Office Building Authority; for | 16 | | grounds, centers, buildings, and parking.
| 17 | | (70 ILCS 200/80-15); Civic Center Code; DuPage County | 18 | | Metropolitan Exposition, Auditorium and Office Building | 19 | | Authority; for grounds, centers, buildings, and parking.
| 20 | | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | 21 | | Exposition, Auditorium and Office Building Authority; for | 22 | | grounds, centers, buildings, and parking.
| 23 | | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan | 24 | | Exposition, Auditorium and Office Building Authority; for | 25 | | grounds, centers, buildings, and parking.
| 26 | | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
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| 1 | | Center Authority; for grounds, centers, buildings, and | 2 | | parking.
| 3 | | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | 4 | | Center Authority; for grounds, centers, buildings, and | 5 | | parking.
| 6 | | (70 ILCS 200/120-25); Civic Center Code; Jefferson County | 7 | | Metropolitan Exposition, Auditorium and Office Building | 8 | | Authority; for grounds, centers, buildings, and parking.
| 9 | | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | 10 | | Civic Center Authority; for grounds, centers, buildings, | 11 | | and parking.
| 12 | | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | 13 | | Metropolitan Exposition, Auditorium and Office Building | 14 | | Authority; for grounds, centers, buildings, and parking.
| 15 | | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | 16 | | Authority; for grounds, centers, buildings, and parking.
| 17 | | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic | 18 | | Center Authority; for grounds, centers, buildings, and | 19 | | parking.
| 20 | | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | 21 | | Civic Center Authority; for grounds, centers, buildings, | 22 | | and parking.
| 23 | | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center | 24 | | Authority; for grounds, centers, buildings, and parking.
| 25 | | (70 ILCS 200/165-35); Civic Center Code; Melrose Park | 26 | | Metropolitan Exposition Auditorium and Office Building |
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| 1 | | Authority; for grounds, centers, buildings, and parking.
| 2 | | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | 3 | | Exposition, Auditorium and Office Building Authorities; | 4 | | for general purposes.
| 5 | | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center | 6 | | Authority; for grounds, centers, buildings, and parking.
| 7 | | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | 8 | | Authority; for grounds, centers, buildings, and parking.
| 9 | | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | 10 | | Authority; for grounds, centers, buildings, and parking.
| 11 | | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | 12 | | Authority; for grounds, centers, buildings, and parking.
| 13 | | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | 14 | | Authority; for grounds, centers, buildings, and parking.
| 15 | | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | 16 | | Authority; for grounds, centers, buildings, and parking.
| 17 | | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | 18 | | Civic Center Authority; for grounds, centers, buildings, | 19 | | and parking.
| 20 | | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | 21 | | Exposition, Auditorium and Office Building Authority; for | 22 | | grounds, centers, buildings, and parking.
| 23 | | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic | 24 | | Center Authority; for grounds, centers, buildings, and | 25 | | parking.
| 26 | | (70 ILCS 200/230-35); Civic Center Code; River Forest |
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| 1 | | Metropolitan Exposition, Auditorium and Office Building | 2 | | Authority; for grounds, centers, buildings, and parking.
| 3 | | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center | 4 | | Authority; for grounds, centers, buildings, and parking.
| 5 | | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center | 6 | | Authority; for grounds, centers, buildings, and parking.
| 7 | | (70 ILCS 200/255-20); Civic Center Code; Springfield | 8 | | Metropolitan Exposition and Auditorium Authority; for | 9 | | grounds, centers, and parking.
| 10 | | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | 11 | | Exposition, Auditorium and Office Building Authority; for | 12 | | grounds, centers, buildings, and parking.
| 13 | | (70 ILCS 200/265-20); Civic Center Code; Vermilion County | 14 | | Metropolitan Exposition, Auditorium and Office Building | 15 | | Authority; for grounds, centers, buildings, and parking.
| 16 | | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | 17 | | Authority; for grounds, centers, buildings, and parking.
| 18 | | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | 19 | | Center Authority; for grounds, centers, buildings, and | 20 | | parking.
| 21 | | (70 ILCS 200/280-20); Civic Center Code; Will County | 22 | | Metropolitan Exposition and Auditorium Authority; for | 23 | | grounds, centers, and parking.
| 24 | | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority | 25 | | Act; Metropolitan Pier and Exposition Authority; for | 26 | | general purposes, including quick-take power.
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| 1 | | (70 ILCS 405/22.04); Soil and Water Conservation Districts Act; | 2 | | soil and water conservation districts; for general | 3 | | purposes.
| 4 | | (70 ILCS 410/10 and 410/12); Conservation District Act; | 5 | | conservation districts; for open space, wildland, scenic | 6 | | roadway, pathway, outdoor recreation, or other | 7 | | conservation benefits.
| 8 | | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center | 9 | | Redevelopment Commission Act; Chanute-Rantoul National | 10 | | Aviation Center Redevelopment Commission; for general | 11 | | purposes. | 12 | | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | 13 | | Fort Sheridan Redevelopment Commission; for general | 14 | | purposes or to carry out comprehensive or redevelopment | 15 | | plans.
| 16 | | (70 ILCS 520/8); Southwestern Illinois Development Authority | 17 | | Act; Southwestern Illinois Development Authority; for | 18 | | general purposes, including quick-take power.
| 19 | | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | 20 | | drainage districts; for general purposes.
| 21 | | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | 22 | | corporate authorities; for construction and maintenance of | 23 | | works.
| 24 | | (70 ILCS 705/10); Fire Protection District Act; fire protection | 25 | | districts; for general purposes.
| 26 | | (70 ILCS 750/20); Flood Prevention District Act; flood |
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| 1 | | prevention districts; for general purposes. | 2 | | (70 ILCS 805/6); Downstate Forest Preserve District Act; | 3 | | certain forest preserve districts; for general purposes.
| 4 | | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; | 5 | | certain forest preserve districts; for recreational and | 6 | | cultural facilities.
| 7 | | (70 ILCS 810/8); Cook County Forest Preserve District Act; | 8 | | Forest Preserve District of Cook County; for general | 9 | | purposes.
| 10 | | (70 ILCS 810/38); Cook County Forest Preserve District Act; | 11 | | Forest Preserve District of Cook County; for recreational | 12 | | facilities.
| 13 | | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital | 14 | | districts; for hospitals or hospital facilities.
| 15 | | (70 ILCS 915/3); Illinois Medical District Act; Illinois | 16 | | Medical District Commission; for general purposes.
| 17 | | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois | 18 | | Medical District Commission; quick-take power for the | 19 | | Illinois State Police Forensic Science Laboratory | 20 | | (obsolete).
| 21 | | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; | 22 | | tuberculosis sanitarium districts; for tuberculosis | 23 | | sanitariums.
| 24 | | (70 ILCS 925/20); Mid-Illinois
Medical District Act; | 25 | | Mid-Illinois
Medical District; for general purposes.
| 26 | | (70 ILCS 930/20); Mid-America Medical District Act; |
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| 1 | | Mid-America Medical District Commission; for general | 2 | | purposes. | 3 | | (70 ILCS 935/20); Roseland Community Medical District Act; | 4 | | medical district; for general purposes. | 5 | | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito | 6 | | abatement districts; for general purposes.
| 7 | | (70 ILCS 1105/8); Museum District Act; museum districts; for | 8 | | general purposes.
| 9 | | (70 ILCS 1205/7-1); Park District Code; park districts; for | 10 | | streets and other purposes.
| 11 | | (70 ILCS 1205/8-1); Park District Code; park districts; for | 12 | | parks.
| 13 | | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | 14 | | districts; for airports and landing fields.
| 15 | | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | 16 | | districts; for State land abutting public water and certain | 17 | | access rights.
| 18 | | (70 ILCS 1205/11.1-3); Park District Code; park districts; for | 19 | | harbors.
| 20 | | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | 21 | | park districts; for street widening.
| 22 | | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control | 23 | | Act; park districts; for parks, boulevards, driveways, | 24 | | parkways, viaducts, bridges, or tunnels.
| 25 | | (70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; | 26 | | park districts; for boulevards or driveways.
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| 1 | | (70 ILCS 1290/1); Park District Aquarium and Museum Act; | 2 | | municipalities or park districts; for aquariums or | 3 | | museums.
| 4 | | (70 ILCS 1305/2); Park District Airport Zoning Act; park | 5 | | districts; for restriction of the height of structures.
| 6 | | (70 ILCS 1310/5); Park District Elevated Highway Act; park | 7 | | districts; for elevated highways.
| 8 | | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park | 9 | | District; for parks and other purposes.
| 10 | | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | 11 | | District; for parking lots or garages.
| 12 | | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | 13 | | District; for harbors.
| 14 | | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | 15 | | Act; Lincoln Park Commissioners; for land and interests in | 16 | | land, including riparian rights.
| 17 | | (70 ILCS 1801/30); Alexander-Cairo Port District Act; | 18 | | Alexander-Cairo Port District; for general purposes. | 19 | | (70 ILCS 1805/8); Havana Regional Port District Act; Havana | 20 | | Regional Port District; for general purposes.
| 21 | | (70 ILCS 1810/7); Illinois International Port District Act; | 22 | | Illinois International Port District; for general | 23 | | purposes.
| 24 | | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; | 25 | | Illinois Valley Regional Port District; for general | 26 | | purposes.
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| 1 | | (70 ILCS 1820/4); Jackson-Union Counties Regional Port | 2 | | District Act; Jackson-Union Counties Regional Port | 3 | | District; for removal of airport hazards or reduction of | 4 | | the height of objects or structures.
| 5 | | (70 ILCS 1820/5); Jackson-Union Counties Regional Port | 6 | | District Act; Jackson-Union Counties Regional Port | 7 | | District; for general purposes.
| 8 | | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | 9 | | Regional Port District; for removal of airport hazards.
| 10 | | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | 11 | | Regional Port District; for reduction of the height of | 12 | | objects or structures.
| 13 | | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | 14 | | Regional Port District; for removal of hazards from ports | 15 | | and terminals.
| 16 | | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | 17 | | Regional Port District; for general purposes.
| 18 | | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | 19 | | Kaskaskia Regional Port District; for removal of hazards | 20 | | from ports and terminals.
| 21 | | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; | 22 | | Kaskaskia Regional Port District; for general purposes.
| 23 | | (70 ILCS 1831/30); Massac-Metropolis Port District Act; | 24 | | Massac-Metropolis Port District; for general purposes. | 25 | | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. | 26 | | Carmel Regional Port District; for removal of airport |
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| 1 | | hazards.
| 2 | | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. | 3 | | Carmel Regional Port District; for reduction of the height | 4 | | of objects or structures.
| 5 | | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. | 6 | | Carmel Regional Port District; for general purposes.
| 7 | | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | 8 | | District; for general purposes. | 9 | | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | 10 | | Regional Port District; for removal of airport hazards.
| 11 | | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | 12 | | Regional Port District; for reduction of the height of | 13 | | objects or structures.
| 14 | | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | 15 | | Regional Port District; for general purposes.
| 16 | | (70 ILCS 1850/4); Shawneetown Regional Port District Act; | 17 | | Shawneetown Regional Port District; for removal of airport | 18 | | hazards or reduction of the height of objects or | 19 | | structures.
| 20 | | (70 ILCS 1850/5); Shawneetown Regional Port District Act; | 21 | | Shawneetown Regional Port District; for general purposes.
| 22 | | (70 ILCS 1855/4); Southwest Regional Port District Act; | 23 | | Southwest Regional Port District; for removal of airport | 24 | | hazards or reduction of the height of objects or | 25 | | structures.
| 26 | | (70 ILCS 1855/5); Southwest Regional Port District Act; |
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| 1 | | Southwest Regional Port District; for general purposes. | 2 | | (70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City | 3 | | Regional Port District; for removal of airport hazards.
| 4 | | (70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City | 5 | | Regional Port District; for the development of facilities.
| 6 | | (70 ILCS 1863/11); Upper Mississippi River International Port | 7 | | District Act; Upper Mississippi River International Port | 8 | | District; for general purposes. | 9 | | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | 10 | | District; for removal of airport hazards.
| 11 | | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | 12 | | District; for restricting the height of objects or | 13 | | structures.
| 14 | | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | 15 | | District; for the development of facilities.
| 16 | | (70 ILCS 1870/8); White County Port District Act; White County | 17 | | Port District; for the development of facilities.
| 18 | | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | 19 | | Terminal Authority (Chicago); for general purposes.
| 20 | | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority | 21 | | Act; Grand Avenue Railroad Relocation Authority; for | 22 | | general purposes, including quick-take power (now | 23 | | obsolete). | 24 | | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act; | 25 | | Elmwood Park Grade Separation Authority; for general | 26 | | purposes.
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| 1 | | (70 ILCS 2105/9b); River Conservancy Districts Act; river | 2 | | conservancy districts; for general purposes.
| 3 | | (70 ILCS 2105/10a); River Conservancy Districts Act; river | 4 | | conservancy districts; for corporate purposes.
| 5 | | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary | 6 | | districts; for corporate purposes.
| 7 | | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | 8 | | districts; for improvements and works.
| 9 | | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | 10 | | districts; for access to property.
| 11 | | (70 ILCS 2305/8); North Shore Water Reclamation Sanitary | 12 | | District Act; North Shore Water Reclamation Sanitary | 13 | | District; for corporate purposes.
| 14 | | (70 ILCS 2305/15); North Shore Water Reclamation Sanitary | 15 | | District Act; North Shore Water Reclamation Sanitary | 16 | | District; for improvements.
| 17 | | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | 18 | | District of Decatur; for carrying out agreements to sell, | 19 | | convey, or disburse treated wastewater to a private entity.
| 20 | | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | 21 | | districts; for corporate purposes.
| 22 | | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | 23 | | districts; for improvements.
| 24 | | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | 25 | | 1917; sanitary districts; for waterworks.
| 26 | | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
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| 1 | | districts; for public sewer and water utility treatment | 2 | | works.
| 3 | | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | 4 | | districts; for dams or other structures to regulate water | 5 | | flow.
| 6 | | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | 7 | | Metropolitan Water Reclamation District; for corporate | 8 | | purposes.
| 9 | | (70 ILCS 2605/16); Metropolitan Water Reclamation District | 10 | | Act; Metropolitan Water Reclamation District; quick-take | 11 | | power for improvements.
| 12 | | (70 ILCS 2605/17); Metropolitan Water Reclamation District | 13 | | Act; Metropolitan Water Reclamation District; for bridges.
| 14 | | (70 ILCS 2605/35); Metropolitan Water Reclamation District | 15 | | Act; Metropolitan Water Reclamation District; for widening | 16 | | and deepening a navigable stream.
| 17 | | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | 18 | | districts; for corporate purposes.
| 19 | | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | 20 | | districts; for improvements.
| 21 | | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; | 22 | | sanitary districts; for drainage systems.
| 23 | | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary | 24 | | districts; for dams or other structures to regulate water | 25 | | flow.
| 26 | | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
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| 1 | | districts; for water supply.
| 2 | | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary | 3 | | districts; for waterworks.
| 4 | | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | 5 | | Metro-East Sanitary District; for corporate purposes.
| 6 | | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | 7 | | Metro-East Sanitary District; for access to property.
| 8 | | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary | 9 | | districts; for sewerage systems.
| 10 | | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | 11 | | Illinois Sports Facilities Authority; quick-take power for | 12 | | its corporate purposes (obsolete).
| 13 | | (70 ILCS 3405/16); Surface Water Protection District Act; | 14 | | surface water protection districts; for corporate | 15 | | purposes.
| 16 | | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago | 17 | | Transit Authority; for transportation systems.
| 18 | | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago | 19 | | Transit Authority; for general purposes.
| 20 | | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago | 21 | | Transit Authority; for general purposes, including | 22 | | railroad property.
| 23 | | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; | 24 | | local mass transit districts; for general purposes.
| 25 | | (70 ILCS 3615/2.13); Regional Transportation Authority Act; | 26 | | Regional Transportation Authority; for general purposes.
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| 1 | | (70 ILCS 3705/8 and 3705/12); Public Water District Act; public | 2 | | water districts; for waterworks.
| 3 | | (70 ILCS 3705/23a); Public Water District Act; public water | 4 | | districts; for sewerage properties.
| 5 | | (70 ILCS 3705/23e); Public Water District Act; public water | 6 | | districts; for combined waterworks and sewerage systems.
| 7 | | (70 ILCS 3715/6); Water Authorities Act; water authorities; for | 8 | | facilities to ensure adequate water supply.
| 9 | | (70 ILCS 3715/27); Water Authorities Act; water authorities; | 10 | | for access to property.
| 11 | | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library | 12 | | trustees; for library buildings.
| 13 | | (75 ILCS 16/30-55.80); Public Library District Act of 1991; | 14 | | public library districts; for general purposes.
| 15 | | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | 16 | | authorities of city or park district, or board of park | 17 | | commissioners; for free public library buildings.
| 18 | | (Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; | 19 | | incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 50 ILCS 460/10 | | | 4 | | 70 ILCS 2305/Act title | | | 5 | | 70 ILCS 2305/0.1 | from Ch. 42, par. 276.99 | | 6 | | 70 ILCS 2305/0.5 new | | | 7 | | 70 ILCS 2305/4 | from Ch. 42, par. 280 | | 8 | | 70 ILCS 2305/7.6 new | | | 9 | | 70 ILCS 2305/7.7 new | | | 10 | | 70 ILCS 2305/11 | from Ch. 42, par. 287 | | 11 | | 70 ILCS 2305/18.5 new | | | 12 | | 70 ILCS 2305/31 new | | | 13 | | 70 ILCS 2405/17.1 | from Ch. 42, par. 316.1 | | 14 | | 735 ILCS 30/15-5-15 | |
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