Bill Text: IL HB2862 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Counties Code, Township Code, and Illinois Municipal Code. Exempts facial challenges to a zoning ordinance governing the challenger's own property from a 90-day statute of limitation for commencing an action for judicial review of zoning actions of a county board, township board, or corporate authorities of a municipality. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-02-26 - Alternate Chief Sponsor Changed to Sen. Rachelle Crowe [HB2862 Detail]

Download: Illinois-2019-HB2862-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The North Shore Water Reclamation District Act
is amended by changing Sections 7.6, 11, and 16 and by adding
Section 7.8 as follows:
(70 ILCS 2305/7.6)
Sec. 7.6. Rates for treatment and disposal of sewage and
surface or ground water. The board of trustees shall have the
authority by ordinance to establish, revise, and maintain rates
or charges for the treatment and disposal of sewage and surface
or ground water. Any user charge, industrial waste surcharge,
connection fees owed at the time of a property's sale, or
industrial cost recovery charge imposed by the sanitary
district, together with all penalties, interest, and costs
imposed in connection therewith, shall be liens against the
real estate which receives the service or benefit for which the
charges are being imposed; provided, however, such liens shall
not attach to such real estate until such charges or rates have
become delinquent as provided by the ordinance of the sanitary
district and provided further, that nothing in this Section
shall be construed to give the sanitary district a preference
over the rights of any purchaser, mortgagee, judgment creditor,

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or other lien holder arising prior to the filing in the office
of the recorder of the county in which real estate is located
of notice of the lien, which notice shall consist of a sworn
statement setting out (1) a description of the real estate for
which the service or the benefit was rendered sufficient to
identify the real estate, (2) the amount or amounts of money
due for such service or benefit, and (3) the date or dates when
such amount or amounts became delinquent. The sanitary district
shall have the power to foreclose such lien in the same manner
and with the same effect as in the foreclosure of mortgages on
real estate.
The assertion of liens against real estate by the sanitary
district to secure payment of user charges, industrial waste
surcharges, connection fees owed at the time of a property's
sale, or industrial cost recovery charges imposed by the
sanitary district as indicated in the previous paragraph shall
be in addition to any other remedy or right of recovery which
the sanitary district may have with respect to the collection
or recovery of such charges imposed by the sanitary district.
Judgment in a civil action brought by the sanitary district to
recover or collect such charges shall not operate as a release
and waiver of the lien upon the real estate for the amount of
the judgment. Only satisfaction of the judgment or the filing
of a release or satisfaction of lien shall release said lien.
The lien for charges on account of services or benefits
provided for in this Section and the rights created hereunder

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shall be in addition to the lien upon real estate created by
and imposed for general real estate taxes.
(Source: P.A. 99-669, eff. 7-29-16.)
(70 ILCS 2305/7.8 new)
Sec. 7.8. Nutrient trading.
(a) The sanitary district may participate in any available
nutrient trading program in the State for meeting water quality
standards.
(b) The authorization granted to the sanitary district
under this Section shall not be construed as modifying or
limiting any other law or rule. Any actions taken pursuant to
this Section must be in compliance with all applicable laws and
rules, including, but not limited to, the Environmental
Protection Act and rules adopted under that Act.
(c) If the sanitary district participates in a nutrient
trading program under subsection (a), the sanitary district
shall give preference to trading investments: (i) that will
benefit low income or rural communities; and (ii) where local
water quality improvements can be realized.
(70 ILCS 2305/11) (from Ch. 42, par. 287)
Sec. 11. Except as otherwise provided in this Section, all
contracts for purchases or sales by the municipality, the
expense of which will exceed the mandatory competitive bid
threshold, shall be let to the lowest responsible bidder

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therefor upon not less than 14 days' public notice of the terms
and conditions upon which the contract is to be let, having
been given by publication in a newspaper of general circulation
published in the district, and the board may reject any and all
bids and readvertise. In determining the lowest responsible
bidder, the board shall take into consideration the qualities
and serviceability of the articles supplied, their conformity
with specifications, their suitability to the requirements of
the district, the availability of support services, the
uniqueness of the service, materials, equipment, or supplies as
it applies to network integrated computer systems, the
compatibility of the service, materials, equipment or supplies
with existing equipment, and the delivery terms. Contracts for
services in excess of the mandatory competitive bid threshold
may, subject to the provisions of this Section, be let by
competitive bidding at the discretion of the district board of
trustees. All contracts for purchases or sales that will not
exceed the mandatory competitive bid threshold may be made in
the open market without publication in a newspaper as above
provided, but whenever practical shall be based on at least 3
competitive bids. For purposes of this Section, the "mandatory
competitive bid threshold" is a dollar amount equal to 0.1% of
the total general fixed assets of the district as reported in
the most recent required audit report. In no event, however,
shall the mandatory competitive bid threshold dollar amount be
less than $10,000, nor more than $40,000.

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Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in excess
of the mandatory competitive bid threshold and, if so required,
the advertisement for bids shall so specify.
Contracts which by their nature are not adapted to award by
competitive bidding, including, without limitation, contracts
for the services of individuals, groups or firms possessing a
high degree of professional skill where the ability or fitness
of the individual or organization plays an important part,
contracts for financial management services undertaken
pursuant to "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or
hereafter amended, contracts for the purchase or sale of
utilities, contracts for commodities including supply
contracts for natural gas and electricity, contracts for
materials economically procurable only from a single source of
supply, contracts for services, supplies, materials, parts, or
equipment which are available only from a single source or
contracts for maintenance, repairs, OEM supplies, or OEM parts
from the manufacturer or from a source authorized by the
manufacturer, contracts for the use, purchase, delivery,
movement, or installation of data processing equipment,
software, or services and telecommunications and interconnect

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equipment, software, or services, contracts for duplicating
machines and supplies, contracts for goods or services procured
from another governmental agency, purchases of equipment
previously owned by an entity other than the district itself,
purchases of used equipment, purchases at auction or similar
transactions which by their very nature are not suitable to
competitive bids, and leases of real property where the
sanitary district is the lessee shall not be subject to the
competitive bidding requirements of this Section.
The District may use a design-build procurement method for
any public project which shall not be subject to the
competitive bidding requirements of this Section provided the
Board of Trustees approves the contract for the public project
by a vote of 4 of the 5 trustees. For the purposes of this
Section, "design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required, and the labor, materials, equipment, and other
construction services for the project.
In the case of an emergency affecting the public health or
safety so declared by the Board of Trustees of the municipality
at a meeting thereof duly convened, which declaration shall
require the affirmative vote of four of the five Trustees, and
shall set forth the nature of the danger to the public health
or safety, contracts totaling not more than the emergency
contract cap may be let to the extent necessary to resolve such

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emergency without public advertisement or competitive bidding.
For purposes of this Section, the dollar amount of an emergency
contract shall not be less than $40,000, nor more than $500,000
$350,000. The Resolution or Ordinance in which such declaration
is embodied shall fix the date upon which such emergency shall
terminate which date may be extended or abridged by the Board
of Trustees as in their judgment the circumstances require. A
full written account of any such emergency, together with a
requisition for the materials, supplies, labor or equipment
required therefor shall be submitted immediately upon
completion and shall be open to public inspection for a period
of at least one year subsequent to the date of such emergency
purchase.
To address operating emergencies not affecting the public
health or safety, the Board of Trustees shall authorize, in
writing, officials or employees of the sanitary district to
purchase in the open market and without advertisement any
supplies, materials, equipment, or services for immediate
delivery to meet the bona fide operating emergency, without
filing a requisition or estimate therefor, in an amount not in
excess of $100,000; provided that the Board of Trustees must be
notified of the operating emergency. A full, written account of
each operating emergency and a requisition for the materials,
supplies, equipment, and services required to meet the
operating emergency must be immediately submitted by the
officials or employees authorized to make purchases to the

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Board of Trustees. The account must be available for public
inspection for a period of at least one year after the date of
the operating emergency purchase. The exercise of authority
with respect to purchases for a bona fide operating emergency
is not dependent on a declaration of an operating emergency by
the Board of Trustees.
The competitive bidding requirements of this Section do not
apply to contracts, including contracts for both materials and
services incidental thereto, for the repair or replacement of a
sanitary district's treatment plant, sewers, equipment, or
facilities damaged or destroyed as the result of a sudden or
unexpected occurrence, including, but not limited to, a flood,
fire, tornado, earthquake, storm, or other natural or man-made
disaster, if the board of trustees determines in writing that
the awarding of those contracts without competitive bidding is
reasonably necessary for the sanitary district to maintain
compliance with a permit issued under the National Pollution
Discharge Elimination System (NPDES) or any successor system or
with any outstanding order relating to that compliance issued
by the United States Environmental Protection Agency, the
Illinois Environmental Protection Agency, or the Illinois
Pollution Control Board. The authority to issue contracts
without competitive bidding pursuant to this paragraph expires
6 months after the date of the writing determining that the
awarding of contracts without competitive bidding is
reasonably necessary.

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No Trustee shall be interested, directly or indirectly, in
any contract, work or business of the municipality, or in the
sale of any article, whenever the expense, price or
consideration of the contract work, business or sale is paid
either from the treasury or by any assessment levied by any
Statute or Ordinance. No Trustee shall be interested, directly
or indirectly, in the purchase of any property which (1)
belongs to the municipality, or (2) is sold for taxes or
assessments of the municipality, or (3) is sold by virtue of
legal process in the suit of the municipality.
A contract for any work or other public improvement, to be
paid for in whole or in part by special assessment or special
taxation, shall be entered into and the performance thereof
controlled by the provisions of Division 2 of Article 9 of the
"Illinois Municipal Code", approved May 29, 1961, as heretofore
or hereafter amended, as near as may be. However, contracts may
be let for making proper and suitable connections between the
mains and outlets of the respective sanitary sewers in the
district with any conduit, conduits, main pipe or pipes that
may be constructed by such sanitary district.
(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
(70 ILCS 2305/16) (from Ch. 42, par. 292)
Sec. 16. Entering other property for improvements;
emergency improvements.
(a) When, in making any improvements which any district is

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authorized by this act to make, it shall be necessary to enter
upon and take possession of any existing drains, sewers, sewer
outlets, plants for the purification of sewage or water, or any
other public property, or property held for public use, the
board of trustees of such district shall have the power so to
do and may acquire the necessary right of way over any other
property held for public use in the same manner as is herein
provided for acquiring private property, and may enter upon,
and use the same for the purposes aforesaid: Provided, the
public use thereof shall not be unnecessarily interrupted or
interfered with, and that the same shall be restored to its
former usefulness as soon as practicable.
(b) If the board of trustees determine there is an
emergency affecting the public health or safety, the sanitary
district may immediately acquire the necessary right-of-way
and authority to work within or adjacent to a public highway
right-of-way or easement, public or private utility property or
easement, railroad right-of-way, or other public property or
easement.
(Source: Laws 1911, p. 299.)
Section 99. Effective date. This Act takes effect upon
becoming law.