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91_SB0817
LRB9105776MWgc
1 AN ACT to amend the Sanitary District Act of 1917 by
2 changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sanitary District Act of 1917 is amended
6 by changing Section 3 as follows:
7 (70 ILCS 2405/3) (from Ch. 42, par. 301)
8 Sec. 3. A board of trustees shall be created, consisting
9 of 5 members in any sanitary district which includes one or
10 more municipalities with a population of over 90,000 but less
11 than 500,000 according to the most recent Federal census, and
12 consisting of 3 members in any other district. Each board of
13 trustees shall be created for the government, control and
14 management of the affairs and business of each sanitary
15 district organized under this act shall be created in the
16 following manner:
17 (1) If the district is located wholly within a single
18 county, the presiding officer of the county board, with the
19 advice and consent of the county board, shall appoint the
20 trustees for the district;
21 (2) If the district is located in more than one county,
22 the members of the General Assembly whose legislative
23 districts encompass any portion of the district shall appoint
24 the trustees for the district.
25 In any sanitary district which shall have a 3 member
26 board of trustees, within 60 days after the adoption of such
27 act, the appropriate appointing authority shall appoint three
28 trustees not more than 2 of whom shall be from one
29 incorporated city, town or village in districts in which are
30 included 2 or more incorporated cities, towns or villages, or
31 parts of 2 or more incorporated cities, towns or villages,
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1 who shall hold their office respectively for 1, 2 and 3
2 years, from the first Monday of May next after their
3 appointment and until their successors are appointed and have
4 qualified, and thereafter on or before the second Monday in
5 April of each year the appropriate appointing authority shall
6 appoint one trustee whose term shall be for 3 years
7 commencing the first Monday in May of the year in which he is
8 appointed. The length of the term of the first trustees
9 shall be determined by lot at their first meeting.
10 In the case of any sanitary district created after
11 January 1, 1978 in which a 5 member board of trustees is
12 required, the appropriate appointing authority shall appoint
13 5 trustees, one of whom shall hold office for one year, two
14 of whom shall hold office for 2 years, and 2 of whom shall
15 hold office for 3 years from the first Monday of May next
16 after their respective appointments and until their
17 successors are appointed and have qualified. Thereafter, on
18 or before the second Monday in April of each year the
19 appropriate appointing authority shall appoint one trustee or
20 2 trustees, as shall be necessary to maintain a 5 member
21 board of trustees, whose terms shall be for 3 years
22 commencing the first Monday in May of the year in which they
23 are respectively appointed. The length of the terms of the
24 first trustees shall be determined by lot at their first
25 meeting.
26 In any sanitary district created prior to January 1, 1978
27 in which a 5 member board of trustees is required as of
28 January 1, 1978, the two trustees already serving terms which
29 do not expire on May 1, 1978 shall continue to hold office
30 for the remainders of their respective terms, and 3 trustees
31 shall be appointed by the appropriate appointing authority by
32 April 10, 1978 and shall hold office for terms beginning May
33 1, 1978. Of the three new trustees, one shall hold office
34 for 2 years and 2 shall hold office for 3 years from May 1,
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1 1978 and until their successors are appointed and have
2 qualified. Thereafter, on or before the second Monday in
3 April of each year the appropriate appointing authority shall
4 appoint one trustee or 2 trustees, as shall be necessary to
5 maintain a 5 member board of trustees, whose terms shall be
6 for 3 years commencing the first Monday in May of the year in
7 which they are respectively appointed. The lengths of the
8 terms of the trustees who are to hold office beginning May 1,
9 1978 shall be determined by lot at their first meeting after
10 May 1, 1978.
11 No more than 3 members of a 5 member board of trustees
12 may be of the same political party; except that in any
13 sanitary district which otherwise meets the requirements of
14 this Section and which lies within 4 counties of the State of
15 Illinois, the appointments of the 5 members of the board of
16 trustees shall be made without regard to political party.
17 Within 60 days after the release of Federal census
18 statistics showing that a sanitary district having a 3 member
19 board of trustees contains one or more municipalities with a
20 population over 90,000 but less than 500,000, the appropriate
21 appointing authority shall appoint 2 additional trustees to
22 the board of trustees, one to hold office for 2 years and one
23 to hold office for 3 years from the first Monday of May next
24 after their appointment and until their successors are
25 appointed and have qualified. The lengths of the terms of
26 these two additional members shall be determined by lot at
27 the first meeting of the board of trustees held after the
28 additional members take office. The three trustees already
29 holding office in the sanitary district shall continue to
30 hold office for the remainders of their respective terms.
31 Thereafter, on or before the second Monday in April of each
32 year the appropriate appointing authority shall appoint one
33 trustee or 2 trustees, as shall be necessary to maintain a 5
34 member board of trustees, whose terms shall be for 3 years
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1 commencing the first Monday in May of the year in which they
2 are respectively appointed.
3 If any sanitary district having a 5 member board of
4 trustees shall cease to contain one or more municipalities
5 with a population over 90,000 but less than 500,000 according
6 to the most recent Federal census, then, for so long as that
7 sanitary district does not contain one or more such
8 municipalities, on or before the second Monday in April of
9 each year the appropriate appointing authority shall appoint
10 one trustee whose term shall be for 3 years commencing the
11 first Monday in May of the year in which he is appointed. In
12 districts which include 2 or more incorporated cities, towns,
13 or villages, or parts of 2 or more incorporated cities,
14 towns, or villages, all of the trustees shall not be from one
15 incorporated city, town or village.
16 If a vacancy occurs on any board of trustees, the
17 appropriate appointing authority shall within 60 days appoint
18 a trustee who shall hold office for the remainder of the
19 vacated term.
20 The appointing authority shall require each of the
21 trustees to enter into bond, with security to be approved by
22 the appointing authority, in such sum as the appointing
23 authority may determine.
24 A majority of the board of trustees shall constitute a
25 quorum but a smaller number may adjourn from day to day. No
26 trustee or employee of such district shall be directly or
27 indirectly interested in any contract, work or business of
28 the district, or the sale of any article, the expense, price
29 or consideration of which is paid by such district; nor in
30 the purchase of any real estate or property belonging to the
31 district, or which shall be sold for taxes or assessments, or
32 by virtue of legal process at the suit of the district.
33 Provided, that nothing herein shall be construed as
34 prohibiting the appointment or selection of any person as
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1 trustee or employee whose only interest in the district is as
2 owner of real estate in the district or of contributing to
3 the payment of taxes levied by the district. The trustees
4 shall have the power to provide and adopt a corporate seal
5 for the district.
6 Notwithstanding any other provision in this Section, in
7 any sanitary district created prior to the effective date of
8 this amendatory Act of 1985, in which a five member board of
9 trustees has been appointed and which currently includes one
10 or more municipalities with a population of over 90,000 but
11 less than 500,000, the board of trustees shall consist of
12 five members.
13 (Source: P.A. 89-502, eff. 6-28-96.)