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| Public Act 096-1065 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sanitary District Act of 1917 is amended by | ||||
changing Section 3 as follows:
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(70 ILCS 2405/3) (from Ch. 42, par. 301)
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Sec. 3. Board of trustees; creation; term. A board of | ||||
trustees shall be created, consisting of 5 members
in any | ||||
sanitary district which includes one or more municipalities | ||||
with
a population of over 90,000 but less than 500,000 | ||||
according to the most
recent Federal census, and consisting of | ||||
3 members in any other district.
However, the board of trustees | ||||
for the Fox River Water Reclamation District, the Sanitary | ||||
District of Decatur, and for the Northern Moraine Wastewater | ||||
Reclamation District
shall each consist of 5 members. Each | ||||
board of trustees shall be created for the
government, control | ||||
and management of the affairs and business of each
sanitary | ||||
district organized under this Act shall be created in the
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following manner:
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(1) If the district is located wholly within a single | ||||
county, the
presiding officer of the county board, with the | ||||
advice and consent of
the county board, shall appoint the | ||||
trustees for the district;
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(2) If the district is located in more than one county, | ||
the members
of the General Assembly whose legislative | ||
districts encompass any
portion of the district shall | ||
appoint the trustees for the district.
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In any sanitary district which shall have a 3 member board | ||
of trustees,
within 60 days after the adoption of such act, the | ||
appropriate
appointing authority shall appoint three trustees | ||
not more than 2 of
whom shall be from one incorporated city, | ||
town or village in districts
in which are included 2 or more | ||
incorporated cities, towns or villages,
or parts of 2 or more | ||
incorporated cities, towns or villages, who shall
hold their | ||
office respectively for 1, 2 and 3 years, from the first
Monday | ||
of May next after their appointment and until their successors
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are appointed and have qualified, and thereafter on or before | ||
the second
Monday in April of each year the appropriate | ||
appointing authority shall
appoint one trustee whose term shall | ||
be for 3 years commencing the first
Monday in May of the year | ||
in which he is appointed. The
length of the term of the first | ||
trustees shall be determined by lot at
their first meeting.
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In the case of any sanitary district created after January | ||
1, 1978 in which
a 5 member board of trustees is required, the | ||
appropriate appointing authority
shall appoint 5 trustees, one | ||
of whom shall hold office for one year, two
of whom shall hold | ||
office for 2 years, and 2 of whom shall hold office for
3 years | ||
from the first Monday of May next after their respective | ||
appointments
and until their successors are appointed and have | ||
qualified. Thereafter,
on or before the second Monday in April | ||
of each year the appropriate
appointing authority shall appoint | ||
one trustee or 2 trustees, as shall be
necessary to maintain a | ||
5 member board of trustees, whose terms shall be for 3
years
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commencing the first Monday in May of the year in which they | ||
are respectively
appointed. The length of the terms of the | ||
first trustees shall be determined
by lot at their first | ||
meeting.
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In any sanitary district created prior to January 1, 1978 | ||
in which a
5 member board of trustees is required as of January | ||
1, 1978,
the two trustees already serving terms which do not | ||
expire on May 1, 1978
shall continue to hold office for the | ||
remainders of their respective terms,
and 3 trustees shall be | ||
appointed by the appropriate appointing authority
by April 10, | ||
1978 and shall hold office for terms beginning May 1, 1978.
Of | ||
the three new trustees, one shall hold office for 2 years and 2 | ||
shall
hold office for 3 years from May 1, 1978 and until their | ||
successors are
appointed and have qualified. Thereafter, on or | ||
before the second Monday
in April of each year the appropriate | ||
appointing authority shall appoint
one trustee or 2 trustees, | ||
as shall be necessary to maintain a 5 member
board of trustees, | ||
whose terms shall be for 3 years commencing the first
Monday in | ||
May of the year in which they are respectively appointed. The
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lengths of the terms of the trustees who are to hold office | ||
beginning May
1, 1978 shall be determined by lot at their first | ||
meeting after May 1, 1978.
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No more than 3 members of a 5 member board of trustees may | ||
be of the same
political party; except that in any sanitary | ||
district which otherwise
meets the requirements of this Section | ||
and which lies within 4 counties of the
State of Illinois or, | ||
prior to April 30, 2008, in the Fox River Water Reclamation | ||
District; the
appointments of the 5 members of the board of | ||
trustees
shall be made without regard to political party. | ||
Beginning with the appointments made on April 30, 2008, all | ||
appointments to the board of trustees of the Fox River Water | ||
Reclamation District shall be made so that no more than 3 of | ||
the 5 members are from the same political party.
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Within 60 days after the release of Federal census | ||
statistics showing that
a sanitary district having a 3 member | ||
board of trustees contains one
or more municipalities with a | ||
population over 90,000 but less than 500,000,
or, for the | ||
Northern Moraine Wastewater Reclamation District, within 60 | ||
days after the effective date of this amendatory Act of the | ||
95th General Assembly, the appropriate appointing authority | ||
shall appoint 2 additional trustees
to the board of trustees, | ||
one to hold office for 2 years and one to hold
office for 3 | ||
years from the first Monday of May next after their appointment
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and until their successors are appointed and have qualified. | ||
The lengths
of the terms of these two additional members shall | ||
be determined by lot
at the first meeting of the board of | ||
trustees held after the additional
members take office. The | ||
three trustees already holding office in the sanitary
district | ||
shall continue
to hold office for the remainders of their | ||
respective terms. Thereafter,
on or before the second Monday in | ||
April of each year the appropriate appointing
authority shall | ||
appoint one trustee or 2 trustees, as shall be necessary
to | ||
maintain a 5 member board of trustees, whose terms shall be for | ||
3 years
commencing the first Monday in May of the year in which | ||
they are respectively
appointed.
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If any sanitary district having a 5 member board of | ||
trustees shall cease
to contain one or more municipalities with | ||
a population over 90,000 but
less than 500,000 according to the | ||
most recent Federal census, then, for
so long as that sanitary | ||
district does not contain one or more such
municipalities,
on | ||
or before the second Monday in April of each year the | ||
appropriate appointing
authority shall
appoint one trustee | ||
whose term shall be for 3 years commencing the first
Monday in | ||
May of the year in which he is appointed. In districts which
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include 2 or more incorporated cities, towns, or villages, or | ||
parts of 2
or more incorporated cities, towns, or villages, all | ||
of the trustees shall
not be from one incorporated city, town | ||
or village.
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If a vacancy occurs on any board of trustees, the | ||
appropriate appointing
authority shall within 60 days appoint a | ||
trustee who shall hold office for
the remainder of the vacated | ||
term.
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The appointing authority shall require each of the trustees | ||
to enter
into bond, with security to be approved by the | ||
appointing authority, in
such sum as the appointing authority | ||
may determine.
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A majority of the board of trustees shall constitute a | ||
quorum but a
smaller number may adjourn from day to day. No | ||
trustee or employee of
such district shall be directly or | ||
indirectly interested in any
contract, work or business of the | ||
district, or the sale of any article,
the expense, price or | ||
consideration of which is paid by such district;
nor in the | ||
purchase of any real estate or property belonging to the
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district, or which shall be sold for taxes or assessments, or | ||
by virtue
of legal process at the suit of the district. | ||
Provided, that nothing
herein shall be construed as prohibiting | ||
the appointment or selection of
any person as trustee or | ||
employee whose only interest in the district is
as owner of | ||
real estate in the district or of contributing to the
payment | ||
of taxes levied by the district. The trustees shall have the
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power to provide and adopt a corporate seal for the district.
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Notwithstanding any other provision in this Section, in any | ||
sanitary
district created prior to the effective date of this | ||
amendatory Act of
1985, in which a five member board of | ||
trustees has been appointed and which
currently includes one or | ||
more municipalities with a population of over
90,000 but less | ||
than 500,000, the board of trustees shall consist of five
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members.
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(Source: P.A. 95-608, eff. 9-11-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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