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91_HB2281
LRB9105130MWgcA
1 AN ACT to amend the Public Water District Act by changing
2 Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Water District Act is amended by
6 changing Section 4 as follows:
7 (70 ILCS 3705/4) (from Ch. 111 2/3, par. 191)
8 Sec. 4. A board of trustees consisting of 7 members for
9 the government, control and management of the affairs of the
10 business of each such water district organized under this Act
11 shall be created in the following manner:
12 (1) If the district lies wholly within a single township
13 but does not also lie wholly within a municipality, the board
14 of trustees of that township shall appoint the trustees for
15 the district but no voting member of the township board is
16 eligible for such appointment;
17 (2) If the district is wholly contained within a
18 municipality, the governing body of the municipality shall
19 appoint the trustees for the district;
20 (3) If the district is wholly contained within a single
21 county, the trustees for the district shall be appointed by
22 the presiding officer of the county board with the advice and
23 consent of the county board;
24 (4) If the district is located in more than one county,
25 the number of trustees who are residents of a county shall be
26 in proportion, as nearly as practicable, to the number of
27 residents of the district who reside in that county in
28 relation to the total population of the district. Trustees
29 shall be appointed by the county board of their respective
30 counties, or in the case of a home rule county as defined by
31 Article VII, Section 6 of the Constitution of 1970, by the
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1 chief executive officer of that county with the advice and
2 consent of the county board.
3 Upon the expiration of the term of a trustee who is in
4 office on the effective date of this Amendatory Act of 1975,
5 the successor shall be a resident of whichever county is
6 entitled to such representation in order to bring about the
7 proportional representation required herein, and he shall be
8 appointed by the appointing authority of that county.
9 Thereafter, each trustee shall be succeeded by a resident
10 of the same county who shall be appointed by the same
11 appointing authority; however, the provisions of the
12 preceding paragraph shall apply to the appointment of the
13 successor to each trustee who is in office at the time of the
14 publication of each decennial Federal census of population.
15 Within 60 days after the adoption of this Act as provided
16 in Section 2 hereof, the appropriate appointing authority
17 shall appoint 7 trustees who shall hold that office
18 respectively one for one, one for 2, one for 3, 2 for 4 and 2
19 for 5 years from the first Monday of May next after their
20 appointment as designated by the appointing authority at the
21 time of appointment and until their successors are appointed
22 and have qualified. Thereafter on or after the first Monday
23 in May of each year the appointing authority shall appoint
24 successors whose term shall be for 5 years commencing the
25 first Monday in May of the year they are respectively
26 appointed. If the circuit court finds that the size, number
27 of members, and scale of operations of the water district
28 justifies a Board of Trustees of less than 7 members he shall
29 rule that such board shall have 3 or 5 members. Initial
30 appointments to a 3 member board shall be as follows: one for
31 one, one for 2, and one for 3 years. Initial appointments to
32 a 5 member board shall be as follows: one for one, one for 2,
33 one for 3, one for 4 and one for 5 years. In each such case
34 the term of office and method of appointing successors shall
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1 be as provided in this Section for 7 member boards. The
2 appointing authority shall require each of such trustees to
3 enter a bond with security to be approved by the appointing
4 authority in such sum as such appointing authority may
5 determine. A majority of the Board of Trustees shall
6 constitute a quorum, but a smaller number may adjourn from
7 day to day. No trustee or employee of such district shall be
8 directly or indirectly interested in any contract, work or
9 business of the district or the sale of any article, the
10 expense, price or consideration of which is paid by such
11 district, nor in the purchase of any real estate or property
12 for or belonging to the district.
13 Whenever a vacancy in such board of trustees shall occur
14 either from death, resignation, refusal to qualify or for any
15 other reason the appointing authority shall have power to
16 fill such vacancy by appointment. Such persons so appointed
17 or qualified for office in the manner hereinbefore stated
18 shall thereupon assume the duties of the office for the
19 unexpired term for which such person was appointed.
20 The trustees appointed under this Act shall be paid a sum
21 of not to exceed $600 per annum for their respective duties
22 as trustees, except that trustees of a district with an
23 annual operating budget of $1,000,000 or more may be paid a
24 sum not to exceed $1,000 per annum. However, trustees
25 appointed under this Act for any public water district which
26 acquires by purchase or condemnation, or constructs, and
27 maintains and operates sewerage properties in combination
28 with its waterworks properties, under the provisions of
29 Section 23a of this Act, shall be paid a sum of not to exceed
30 $2,000 $1200 per annum for their respective duties as
31 trustees. Compensation in either case shall be determined by
32 resolution of the respective boards of trustees, to be
33 adopted annually at their first meeting in May.
34 Any public water district organized under this Act with a
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1 board of trustees consisting of 7 members may have the size
2 of its board reduced as provided in Section 4.1.
3 (Source: P.A. 82-783.)