State of Illinois
91st General Assembly
Legislation

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91_HB2281enr

 
HB2281 Enrolled                               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
 
HB2281 Enrolled             -3-               LRB9105130MWgcA
 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
 
HB2281 Enrolled             -4-               LRB9105130MWgcA
 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.)

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