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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sanitary District Act of 1917 is amended by | ||||||
5 | changing Section 3 as follows:
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6 | (70 ILCS 2405/3) (from Ch. 42, par. 301)
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7 | Sec. 3. A board of trustees shall be created, consisting of | ||||||
8 | 5 members
in any sanitary district which includes one or more | ||||||
9 | municipalities with
a population of over 90,000 but less than | ||||||
10 | 500,000 according to the most
recent Federal census, and | ||||||
11 | consisting of 3 members in any other district.
However, the | ||||||
12 | board of trustees for the Fox River Water Reclamation District | ||||||
13 | and for the Northern Moraine Wastewater Reclamation District
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14 | the board of trustees
shall each consist of 5 members. Each | ||||||
15 | board of trustees shall be created for the
government, control | ||||||
16 | and management of the affairs and business of each
sanitary | ||||||
17 | district organized under this Act shall be created in the
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18 | following manner:
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19 | (1) If the district is located wholly within a single | ||||||
20 | county, the
presiding officer of the county board, with the | ||||||
21 | advice and consent of
the county board, shall appoint the | ||||||
22 | trustees for the district;
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23 | (2) If the district is located in more than one county, |
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1 | the members
of the General Assembly whose legislative | ||||||
2 | districts encompass any
portion of the district shall | ||||||
3 | appoint the trustees for the district.
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4 | In any sanitary district which shall have a 3 member board | ||||||
5 | of trustees,
within 60 days after the adoption of such act, the | ||||||
6 | appropriate
appointing authority shall appoint three trustees | ||||||
7 | not more than 2 of
whom shall be from one incorporated city, | ||||||
8 | town or village in districts
in which are included 2 or more | ||||||
9 | incorporated cities, towns or villages,
or parts of 2 or more | ||||||
10 | incorporated cities, towns or villages, who shall
hold their | ||||||
11 | office respectively for 1, 2 and 3 years, from the first
Monday | ||||||
12 | of May next after their appointment and until their successors
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13 | are appointed and have qualified, and thereafter on or before | ||||||
14 | the second
Monday in April of each year the appropriate | ||||||
15 | appointing authority shall
appoint one trustee whose term shall | ||||||
16 | be for 3 years commencing the first
Monday in May of the year | ||||||
17 | in which he is appointed. The
length of the term of the first | ||||||
18 | trustees shall be determined by lot at
their first meeting.
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19 | In the case of any sanitary district created after January | ||||||
20 | 1, 1978 in which
a 5 member board of trustees is required, the | ||||||
21 | appropriate appointing authority
shall appoint 5 trustees, one | ||||||
22 | of whom shall hold office for one year, two
of whom shall hold | ||||||
23 | office for 2 years, and 2 of whom shall hold office for
3 years | ||||||
24 | from the first Monday of May next after their respective | ||||||
25 | appointments
and until their successors are appointed and have | ||||||
26 | qualified. Thereafter,
on or before the second Monday in April |
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1 | of each year the appropriate
appointing authority shall appoint | ||||||
2 | one trustee or 2 trustees, as shall be
necessary to maintain a | ||||||
3 | 5 member board of trustees, whose terms shall be for 3
years
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4 | commencing the first Monday in May of the year in which they | ||||||
5 | are respectively
appointed. The length of the terms of the | ||||||
6 | first trustees shall be determined
by lot at their first | ||||||
7 | meeting.
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8 | In any sanitary district created prior to January 1, 1978 | ||||||
9 | in which a
5 member board of trustees is required as of January | ||||||
10 | 1, 1978,
the two trustees already serving terms which do not | ||||||
11 | expire on May 1, 1978
shall continue to hold office for the | ||||||
12 | remainders of their respective terms,
and 3 trustees shall be | ||||||
13 | appointed by the appropriate appointing authority
by April 10, | ||||||
14 | 1978 and shall hold office for terms beginning May 1, 1978.
Of | ||||||
15 | the three new trustees, one shall hold office for 2 years and 2 | ||||||
16 | shall
hold office for 3 years from May 1, 1978 and until their | ||||||
17 | successors are
appointed and have qualified. Thereafter, on or | ||||||
18 | before the second Monday
in April of each year the appropriate | ||||||
19 | appointing authority shall appoint
one trustee or 2 trustees, | ||||||
20 | as shall be necessary to maintain a 5 member
board of trustees, | ||||||
21 | whose terms shall be for 3 years commencing the first
Monday in | ||||||
22 | May of the year in which they are respectively appointed. The
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23 | lengths of the terms of the trustees who are to hold office | ||||||
24 | beginning May
1, 1978 shall be determined by lot at their first | ||||||
25 | meeting after May 1, 1978.
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26 | No more than 3 members of a 5 member board of trustees may |
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1 | be of the same
political party; except that in any sanitary | ||||||
2 | district which otherwise
meets the requirements of this Section | ||||||
3 | and which lies within 4 counties of the
State of Illinois or in | ||||||
4 | the Fox River Water Reclamation District; the
appointments of | ||||||
5 | the 5 members of the board of trustees
shall be made without | ||||||
6 | regard to political party.
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7 | Within 60 days after the release of Federal census | ||||||
8 | statistics showing that
a sanitary district having a 3 member | ||||||
9 | board of trustees contains one
or more municipalities with a | ||||||
10 | population over 90,000 but less than 500,000,
or, for the | ||||||
11 | Northern Moraine Wastewater Reclamation District, within 60 | ||||||
12 | days after the effective date of this amendatory Act of the | ||||||
13 | 95th General Assembly, the appropriate appointing authority | ||||||
14 | shall appoint 2 additional trustees
to the board of trustees, | ||||||
15 | one to hold office for 2 years and one to hold
office for 3 | ||||||
16 | years from the first Monday of May next after their appointment
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17 | and until their successors are appointed and have qualified. | ||||||
18 | The lengths
of the terms of these two additional members shall | ||||||
19 | be determined by lot
at the first meeting of the board of | ||||||
20 | trustees held after the additional
members take office. The | ||||||
21 | three trustees already holding office in the sanitary
district | ||||||
22 | shall continue
to hold office for the remainders of their | ||||||
23 | respective terms. Thereafter,
on or before the second Monday in | ||||||
24 | April of each year the appropriate appointing
authority shall | ||||||
25 | appoint one trustee or 2 trustees, as shall be necessary
to | ||||||
26 | maintain a 5 member board of trustees, whose terms shall be for |
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1 | 3 years
commencing the first Monday in May of the year in which | ||||||
2 | they are respectively
appointed.
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3 | If any sanitary district having a 5 member board of | ||||||
4 | trustees shall cease
to contain one or more municipalities with | ||||||
5 | a population over 90,000 but
less than 500,000 according to the | ||||||
6 | most recent Federal census, then, for
so long as that sanitary | ||||||
7 | district does not contain one or more such
municipalities,
on | ||||||
8 | or before the second Monday in April of each year the | ||||||
9 | appropriate appointing
authority shall
appoint one trustee | ||||||
10 | whose term shall be for 3 years commencing the first
Monday in | ||||||
11 | May of the year in which he is appointed. In districts which
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12 | include 2 or more incorporated cities, towns, or villages, or | ||||||
13 | parts of 2
or more incorporated cities, towns, or villages, all | ||||||
14 | of the trustees shall
not be from one incorporated city, town | ||||||
15 | or village.
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16 | If a vacancy occurs on any board of trustees, the | ||||||
17 | appropriate appointing
authority shall within 60 days appoint a | ||||||
18 | trustee who shall hold office for
the remainder of the vacated | ||||||
19 | term.
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20 | The appointing authority shall require each of the trustees | ||||||
21 | to enter
into bond, with security to be approved by the | ||||||
22 | appointing authority, in
such sum as the appointing authority | ||||||
23 | may determine.
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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 |
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1 | indirectly interested in any
contract, work or business of the | ||||||
2 | district, or the sale of any article,
the expense, price or | ||||||
3 | consideration of which is paid by such district;
nor in the | ||||||
4 | purchase of any real estate or property belonging to the
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5 | district, or which shall be sold for taxes or assessments, or | ||||||
6 | by virtue
of legal process at the suit of the district. | ||||||
7 | Provided, that nothing
herein shall be construed as prohibiting | ||||||
8 | the appointment or selection of
any person as trustee or | ||||||
9 | employee whose only interest in the district is
as owner of | ||||||
10 | real estate in the district or of contributing to the
payment | ||||||
11 | of taxes levied by the district. The trustees shall have the
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12 | power to provide and adopt a corporate seal for the district.
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13 | Notwithstanding any other provision in this Section, in any | ||||||
14 | sanitary
district created prior to the effective date of this | ||||||
15 | amendatory Act of
1985, in which a five member board of | ||||||
16 | trustees has been appointed and which
currently includes one or | ||||||
17 | more municipalities with a population of over
90,000 but less | ||||||
18 | than 500,000, the board of trustees shall consist of five
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19 | members.
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20 | (Source: P.A. 91-547, eff. 8-14-99.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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