HB4935 Engrossed LRB095 18604 HLH 44690 b

1     AN ACT concerning local government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Public Water District Act is amended by
5 changing Section 4 as follows:
6     (70 ILCS 3705/4)  (from Ch. 111 2/3, par. 191)
7     Sec. 4. A board of trustees consisting of 7 members for the
8 government, control and management of the affairs of the
9 business of each such water district organized under this Act
10 shall be created in the following manner:
11     (1) If the district lies wholly within a single township
12 but does not also lie wholly within a municipality, the board
13 of trustees of that township shall appoint the trustees for the
14 district but no voting member of the township board is eligible
15 for such appointment;
16     (2) If the district is wholly contained within a
17 municipality, the governing body of the municipality shall
18 appoint the trustees for the district;
19     (3) If the district is wholly contained within a single
20 county, the trustees for the district shall be appointed by the
21 presiding officer of the county board with the advice and
22 consent of the county board;
23     (4) If the district is located in more than one county, the



HB4935 Engrossed - 2 - LRB095 18604 HLH 44690 b

1 number of trustees who are residents of a county shall be in
2 proportion, as nearly as practicable, to the number of
3 residents of the district who reside in that county in relation
4 to the total population of the district. Trustees shall be
5 appointed by the county board of their respective counties, or
6 in the case of a home rule county as defined by Article VII,
7 Section 6 of the Constitution of 1970, by the chief executive
8 officer of that county with the advice and consent of the
9 county board.
10     Upon the expiration of the term of a trustee who is in
11 office on the effective date of this Amendatory Act of 1975,
12 the successor shall be a resident of whichever county is
13 entitled to such representation in order to bring about the
14 proportional representation required herein, and he shall be
15 appointed by the appointing authority of that county.
16     Thereafter, each trustee shall be succeeded by a resident
17 of the same county who shall be appointed by the same
18 appointing authority; however, the provisions of the preceding
19 paragraph shall apply to the appointment of the successor to
20 each trustee who is in office at the time of the publication of
21 each decennial Federal census of population.
22     Within 60 days after the adoption of this Act as provided
23 in Section 2 hereof, the appropriate appointing authority shall
24 appoint 7 trustees who shall hold that office respectively one
25 for one, one for 2, one for 3, 2 for 4 and 2 for 5 years from
26 the first Monday of May next after their appointment as



HB4935 Engrossed - 3 - LRB095 18604 HLH 44690 b

1 designated by the appointing authority at the time of
2 appointment and until their successors are appointed and have
3 qualified. Thereafter on or after the first Monday in May of
4 each year the appointing authority shall appoint successors
5 whose term shall be for 5 years commencing the first Monday in
6 May of the year they are respectively appointed. If the circuit
7 court finds that the size, number of members, and scale of
8 operations of the water district justifies a Board of Trustees
9 of less than 7 members he shall rule that such board shall have
10 3 or 5 members. Initial appointments to a 3 member board shall
11 be as follows: one for one, one for 2, and one for 3 years.
12 Initial appointments to a 5 member board shall be as follows:
13 one for one, one for 2, one for 3, one for 4 and one for 5
14 years. In each such case the term of office and method of
15 appointing successors shall be as provided in this Section for
16 7 member boards. The appointing authority shall require each of
17 such trustees to enter a bond with security to be approved by
18 the appointing authority in such sum as such appointing
19 authority may determine. A majority of the Board of Trustees
20 shall constitute a quorum, but a smaller number may adjourn
21 from day to day. No trustee or employee of such district shall
22 be directly or indirectly interested in any contract, work or
23 business of the district or the sale of any article, the
24 expense, price or consideration of which is paid by such
25 district, nor in the purchase of any real estate or property
26 for or belonging to the district.



HB4935 Engrossed - 4 - LRB095 18604 HLH 44690 b

1     Whenever a vacancy in such board of trustees shall occur
2 either from death, resignation, refusal to qualify or for any
3 other reason the appointing authority shall have power to fill
4 such vacancy by appointment. Such persons so appointed or
5 qualified for office in the manner hereinbefore stated shall
6 thereupon assume the duties of the office for the unexpired
7 term for which such person was appointed.
8     Except as otherwise provided in this paragraph, the The
9 trustees appointed under this Act shall be paid a sum of not to
10 exceed $600 per annum for their respective duties as trustees.
11 Trustees , except that trustees of a district with an annual
12 operating budget of $1,000,000 or more may be paid a sum not to
13 exceed $1,000 per annum. However, trustees appointed under this
14 Act for any public water district which acquires by purchase or
15 condemnation, or constructs, and maintains and operates
16 sewerage properties in combination with its waterworks
17 properties, under the provisions of Section 23a of this Act,
18 shall be paid a sum of not to exceed $2,000 per annum for their
19 respective duties as trustees. Trustees of the Commonfields of
20 Cahokia Public Water District may be paid $4,800 per year for
21 their duties as trustees. Compensation in all cases either case
22 shall be determined by resolution of the respective boards of
23 trustees, to be adopted annually at their first meeting in May.
24     Any public water district organized under this Act with a
25 board of trustees consisting of 7 members may have the size of
26 its board reduced as provided in Section 4.1.



HB4935 Engrossed - 5 - LRB095 18604 HLH 44690 b

1 (Source: P.A. 91-333, eff. 1-1-00.)