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Public Act 096-0614


 

Public Act 0614 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0614
 
SB0246 Enrolled LRB096 07880 RLJ 17983 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Water District Act is amended by
changing Section 4 as follows:
 
    (70 ILCS 3705/4)  (from Ch. 111 2/3, par. 191)
    Sec. 4. A board of trustees consisting of 7 members for the
government, control and management of the affairs of the
business of each such water district organized under this Act
shall be created in the following manner:
    (1) If the district lies wholly within a single township
but does not also lie wholly within a municipality, the board
of trustees of that township shall appoint the trustees for the
district but no voting member of the township board is eligible
for such appointment;
    (2) If the district is wholly contained within a
municipality, the governing body of the municipality shall
appoint the trustees for the district;
    (3) If the district is wholly contained within a single
county, the trustees for the district shall be appointed by the
presiding officer of the county board with the advice and
consent of the county board;
    (4) If the district is located in more than one county, 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. Trustees shall be
appointed by the county board of their respective counties, or
in the case of a home rule county as defined by Article VII,
Section 6 of the Constitution of 1970, by the chief executive
officer of that county with the advice and consent of the
county board.
    Upon the expiration of the term of a trustee who is in
office on the effective date of this Amendatory Act of 1975,
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 appointing authority of that county.
    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.
    Within 60 days after the adoption of this Act as provided
in Section 2 hereof, the appropriate appointing authority shall
appoint 7 trustees who shall hold that office respectively one
for one, one for 2, one for 3, 2 for 4 and 2 for 5 years from
the first Monday of May next after their appointment as
designated by the appointing authority at the time of
appointment and until their successors are appointed and have
qualified. Thereafter on or after the first Monday in May of
each year the appointing authority shall appoint successors
whose term shall be for 5 years commencing the first Monday in
May of the year they are respectively appointed. If the circuit
court finds that the size, number of members, and scale of
operations of the water district justifies a Board of Trustees
of less than 7 members he shall rule that such board shall have
3 or 5 members. Initial appointments to a 3 member board shall
be as follows: one for one, one for 2, and one for 3 years.
Initial appointments to a 5 member board shall be as follows:
one for one, one for 2, one for 3, one for 4 and one for 5
years. In each such case the term of office and method of
appointing successors shall be as provided in this Section for
7 member boards. The appointing authority shall require each of
such trustees to enter a bond with security to be approved by
the appointing authority in such sum as such appointing
authority may determine. 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
for or belonging to the district.
    Whenever a vacancy in such board of trustees shall occur
either from death, resignation, refusal to qualify or for any
other reason the appointing authority shall have power to fill
such vacancy by appointment. Such persons so appointed or
qualified for office in the manner hereinbefore stated shall
thereupon assume the duties of the office for the unexpired
term for which such person was appointed.
    For terms commencing before the effective date of this
amendatory Act of the 96th General Assembly, the The trustees
appointed under this Act shall be paid a sum of not to exceed
$600 per annum for their respective duties as trustees, except
that trustees of a district with an annual operating budget of
$1,000,000 or more may be paid a sum not to exceed $1,000 per
annum. For terms commencing on or after the effective date of
this amendatory Act of the 96th General Assembly, the trustees
shall be paid a sum of not to exceed $1,200 per annum. However,
trustees appointed under this Act for any public water district
which acquires by purchase or condemnation, or constructs, and
maintains and operates sewerage properties in combination with
its waterworks properties, under the provisions of Section 23a
of this Act, shall be paid a sum of not to exceed $2,000 per
annum for their respective duties as trustees. Compensation in
either case shall be determined by resolution of the respective
boards of trustees, to be adopted annually at their first
meeting in May.
    Any public water district organized under this Act with a
board of trustees consisting of 7 members may have the size of
its board reduced as provided in Section 4.1.
(Source: P.A. 91-333, eff. 1-1-00.)

Effective Date: 1/1/2010