(70 ILCS 3405/9) (from Ch. 42, par. 456)
Sec. 9.
A board of trustees consisting of 5 members for the government and
control of the affairs and business of a surface water protection district
incorporated under this Act shall be appointed in the following manner:
(1) In case the territory of the district lies entirely within one
county, for the district shall be appointed by the presiding officer of the
county board with the advice and consent of the county board.
(2) In case the territory of the district lies within 2 or more counties,
the number of trustees who are residents of a county shall be in proportion, as nearly
as practicable, to the number of residents of the district who reside in that county
in relation to the total population of the district.
Upon the expiration of the term of a trustee who is in office on the
effective date of this amendatory Act, the successor shall be a resident of
whichever county is entitled to such representation in order to bring about
the proportional representation required herein, and he shall be appointed
by the county board of that county, or in the case of a home rule county as
defined in Article VII, Section 6 of the Constitution of 1970, the chief
executive officer of that county, with the advice and consent of the county
board.
Thereafter, each trustee shall be succeeded by a resident of the same
county who shall be appointed by the same appointing authority; however, the
provisions of the preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of the publication of
each decennial Federal census of population.
All trustees shall reside in the district. In the case of a district
organized under Section 4a, the trustees need not be residents of the
district until the circuit court of the judicial circuit in which the
greatest portion of the proposed district is located determines that the
petition proposing the district has complied with all of the provisions of
this Act and warrants the appointment of the trustees therefrom. Trustees
from districts created under Section 4a shall be appointed as provided
hereinbefore. Not more than 2 trustees shall be residents of any one city,
village or incorporated town in the district unless such city, village or
incorporated town contains more than 50% of the population in the district
as determined by the last preceding federal census.
Members of the original board shall hold office for terms of 1, 2, 3, 4
and 5 years from the first Monday in May next following their appointment
and until their successors have been appointed and qualified. The length of
term of the first trustees shall be determined by lot at their first
meeting and the board shall certify the determination to the authority
which made the appointments.
Successors shall be appointed by the appointing authority which
appointed the trustee whose term is expiring to serve for a term of 5 years
from the first Monday in May and until a successor is appointed and
qualified. Successor trustees shall be appointed on or before the second
Monday in April of the year in which a term expires.
Before entering upon the duties of office each trustee shall take and
subscribe to the constitutional oath of office and shall enter into bond
with security to be approved by the appointing authority of the county
from which he is appointed and
in the sum as the appointing authority may determine. Both oath and bond
shall be filed with the county clerk.
(Source: P.A. 79-855.)
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