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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. Board of trustees; creation; term. A board of | |||||||||||||||||||
8 | trustees shall be created, consisting of 5 members
in any | |||||||||||||||||||
9 | sanitary district which includes one or more municipalities | |||||||||||||||||||
10 | with
a population of over 90,000 but less than 500,000 | |||||||||||||||||||
11 | according to the most
recent Federal census, and consisting of | |||||||||||||||||||
12 | 3 members in any other district.
However, the board of trustees | |||||||||||||||||||
13 | for the Fox River Water Reclamation District, the Sanitary | |||||||||||||||||||
14 | District of Decatur, and the Northern Moraine Wastewater | |||||||||||||||||||
15 | Reclamation District
shall each consist of 5 members. Each | |||||||||||||||||||
16 | board of trustees shall be created for the
government, control | |||||||||||||||||||
17 | and management of the affairs and business of each
sanitary | |||||||||||||||||||
18 | district organized under this Act shall be created in the
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19 | following manner:
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20 | (1) If the district 's corporate boundaries are is | |||||||||||||||||||
21 | located wholly within a single county, the
presiding | |||||||||||||||||||
22 | officer of the county board, with the advice and consent of
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23 | the county board, shall appoint the trustees for the |
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1 | district;
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2 | (2) If the district 's corporate boundaries are is | ||||||
3 | located in more than one county, the members
of the General | ||||||
4 | Assembly whose legislative districts encompass any
portion | ||||||
5 | of the district shall appoint the trustees for the | ||||||
6 | district.
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7 | In any sanitary district which shall have a 3 member board | ||||||
8 | of trustees,
within 60 days after the adoption of such act, the | ||||||
9 | appropriate
appointing authority shall appoint three trustees | ||||||
10 | not more than 2 of
whom shall be from one incorporated city, | ||||||
11 | town or village in districts
in which are included 2 or more | ||||||
12 | incorporated cities, towns or villages,
or parts of 2 or more | ||||||
13 | incorporated cities, towns or villages, who shall
hold their | ||||||
14 | office respectively for 1, 2 and 3 years, from the first
Monday | ||||||
15 | of May next after their appointment and until their successors
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16 | are appointed and have qualified, and thereafter on or before | ||||||
17 | the second
Monday in April of each year the appropriate | ||||||
18 | appointing authority shall
appoint one trustee whose term shall | ||||||
19 | be for 3 years commencing the first
Monday in May of the year | ||||||
20 | in which he is appointed. The
length of the term of the first | ||||||
21 | trustees shall be determined by lot at
their first meeting.
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22 | In the case of any sanitary district created after January | ||||||
23 | 1, 1978 in which
a 5 member board of trustees is required, the | ||||||
24 | appropriate appointing authority
shall appoint 5 trustees, one | ||||||
25 | of whom shall hold office for one year, two
of whom shall hold | ||||||
26 | office for 2 years, and 2 of whom shall hold office for
3 years |
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1 | from the first Monday of May next after their respective | ||||||
2 | appointments
and until their successors are appointed and have | ||||||
3 | qualified. Thereafter,
on or before the second Monday in April | ||||||
4 | of each year the appropriate
appointing authority shall appoint | ||||||
5 | one trustee or 2 trustees, as shall be
necessary to maintain a | ||||||
6 | 5 member board of trustees, whose terms shall be for 3
years
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7 | commencing the first Monday in May of the year in which they | ||||||
8 | are respectively
appointed. The length of the terms of the | ||||||
9 | first trustees shall be determined
by lot at their first | ||||||
10 | meeting.
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11 | In any sanitary district created prior to January 1, 1978 | ||||||
12 | in which a
5 member board of trustees is required as of January | ||||||
13 | 1, 1978,
the two trustees already serving terms which do not | ||||||
14 | expire on May 1, 1978
shall continue to hold office for the | ||||||
15 | remainders of their respective terms,
and 3 trustees shall be | ||||||
16 | appointed by the appropriate appointing authority
by April 10, | ||||||
17 | 1978 and shall hold office for terms beginning May 1, 1978.
Of | ||||||
18 | the three new trustees, one shall hold office for 2 years and 2 | ||||||
19 | shall
hold office for 3 years from May 1, 1978 and until their | ||||||
20 | successors are
appointed and have qualified. Thereafter, on or | ||||||
21 | before the second Monday
in April of each year the appropriate | ||||||
22 | appointing authority shall appoint
one trustee or 2 trustees, | ||||||
23 | as shall be necessary to maintain a 5 member
board of trustees, | ||||||
24 | whose terms shall be for 3 years commencing the first
Monday in | ||||||
25 | May of the year in which they are respectively appointed. The
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26 | lengths of the terms of the trustees who are to hold office |
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1 | beginning May
1, 1978 shall be determined by lot at their first | ||||||
2 | meeting after May 1, 1978.
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3 | No more than 3 members of a 5 member board of trustees may | ||||||
4 | be of the same
political party; except that in any sanitary | ||||||
5 | district which otherwise
meets the requirements of this Section | ||||||
6 | and which lies within 4 counties of the
State of Illinois or, | ||||||
7 | prior to April 30, 2008, in the Fox River Water Reclamation | ||||||
8 | District; the
appointments of the 5 members of the board of | ||||||
9 | trustees
shall be made without regard to political party. | ||||||
10 | Beginning with the appointments made on April 30, 2008, all | ||||||
11 | appointments to the board of trustees of the Fox River Water | ||||||
12 | Reclamation District shall be made so that no more than 3 of | ||||||
13 | the 5 members are from the same political party.
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14 | Within 60 days after the release of Federal census | ||||||
15 | statistics showing that
a sanitary district having a 3 member | ||||||
16 | board of trustees contains one
or more municipalities with a | ||||||
17 | population over 90,000 but less than 500,000,
or, for the | ||||||
18 | Northern Moraine Wastewater Reclamation District, within 60 | ||||||
19 | days after the effective date of this amendatory Act of the | ||||||
20 | 95th General Assembly, the appropriate appointing authority | ||||||
21 | shall appoint 2 additional trustees
to the board of trustees, | ||||||
22 | one to hold office for 2 years and one to hold
office for 3 | ||||||
23 | years from the first Monday of May next after their appointment
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24 | and until their successors are appointed and have qualified. | ||||||
25 | The lengths
of the terms of these two additional members shall | ||||||
26 | be determined by lot
at the first meeting of the board of |
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1 | trustees held after the additional
members take office. The | ||||||
2 | three trustees already holding office in the sanitary
district | ||||||
3 | shall continue
to hold office for the remainders of their | ||||||
4 | respective terms. Thereafter,
on or before the second Monday in | ||||||
5 | April of each year the appropriate appointing
authority shall | ||||||
6 | appoint one trustee or 2 trustees, as shall be necessary
to | ||||||
7 | maintain a 5 member board of trustees, whose terms shall be for | ||||||
8 | 3 years
commencing the first Monday in May of the year in which | ||||||
9 | they are respectively
appointed.
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10 | If any sanitary district having a 5 member board of | ||||||
11 | trustees shall cease
to contain one or more municipalities with | ||||||
12 | a population over 90,000 but
less than 500,000 according to the | ||||||
13 | most recent Federal census, then, for
so long as that sanitary | ||||||
14 | district does not contain one or more such
municipalities,
on | ||||||
15 | or before the second Monday in April of each year the | ||||||
16 | appropriate appointing
authority shall
appoint one trustee | ||||||
17 | whose term shall be for 3 years commencing the first
Monday in | ||||||
18 | May of the year in which he is appointed. In districts which
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19 | include 2 or more incorporated cities, towns, or villages, or | ||||||
20 | parts of 2
or more incorporated cities, towns, or villages, all | ||||||
21 | of the trustees shall
not be from one incorporated city, town | ||||||
22 | or village.
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23 | If a vacancy occurs on any board of trustees, the | ||||||
24 | appropriate appointing
authority shall within 60 days appoint a | ||||||
25 | trustee who shall hold office for
the remainder of the vacated | ||||||
26 | term.
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1 | The appointing authority shall require each of the trustees | ||||||
2 | to enter
into bond, with security to be approved by the | ||||||
3 | appointing authority, in
such sum as the appointing authority | ||||||
4 | may determine.
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5 | A majority of the board of trustees shall constitute a | ||||||
6 | quorum but a
smaller number may adjourn from day to day. No | ||||||
7 | trustee or employee of
such district shall be directly or | ||||||
8 | indirectly interested in any
contract, work or business of the | ||||||
9 | district, or the sale of any article,
the expense, price or | ||||||
10 | consideration of which is paid by such district;
nor in the | ||||||
11 | purchase of any real estate or property belonging to the
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12 | district, or which shall be sold for taxes or assessments, or | ||||||
13 | by virtue
of legal process at the suit of the district. | ||||||
14 | Provided, that nothing
herein shall be construed as prohibiting | ||||||
15 | the appointment or selection of
any person as trustee or | ||||||
16 | employee whose only interest in the district is
as owner of | ||||||
17 | real estate in the district or of contributing to the
payment | ||||||
18 | of taxes levied by the district. The trustees shall have the
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19 | power to provide and adopt a corporate seal for the district.
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20 | Notwithstanding any other provision in this Section, in any | ||||||
21 | sanitary
district created prior to the effective date of this | ||||||
22 | amendatory Act of
1985, in which a five member board of | ||||||
23 | trustees has been appointed and which
currently includes one or | ||||||
24 | more municipalities with a population of over
90,000 but less | ||||||
25 | than 500,000, the board of trustees shall consist of five
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26 | members. |
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1 | Except as otherwise provided for vacancies, in the event | ||||||
2 | that the appropriate appointing authority fails to appoint a | ||||||
3 | trustee under this Section, the appropriate appointing | ||||||
4 | authority shall reconvene and appoint a successor on or before | ||||||
5 | July 1 of that year.
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6 | (Source: P.A. 98-407, eff. 1-1-14.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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