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| Public Act 094-0064 |
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AN ACT concerning special districts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The River Conservancy Districts Act is amended | ||||
by changing Section 4a as follows:
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(70 ILCS 2105/4a) (from Ch. 42, par. 386a)
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Sec. 4a. Every conservancy district so established shall be
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governed by a board of trustees. In the statement finding the | ||||
results
of the election to be favorable to the establishment of | ||||
the district,
the circuit court shall determine and name each | ||||
municipality within the
district having 5,000 or more | ||||
population according to the last preceding
federal census.
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(1) In case there is one or more municipalities having a | ||||
population
of 5,000 or more within the district, the trustees | ||||
shall be appointed as
follows:
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(a) In districts organized prior to July 1, 1961, where | ||||
there is
only one such municipality, 3 trustees shall be | ||||
appointed from such
municipality, and one trustee shall be | ||||
appointed from the area within
the district outside of such | ||||
municipality, and one trustee shall be
appointed at large. | ||||
In districts organized on and after July 1, 1961,
where | ||||
there is only one such municipality one trustee shall be | ||||
appointed
from such municipality, and one trustee shall be | ||||
appointed from each
county in the district, except that | ||||
where
the district is wholly contained within a single | ||||
county, one trustee shall
be appointed from that county and | ||||
one additional trustee shall be appointed
from the | ||||
municipality, and, in any case, 2 trustees shall be
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appointed at large. A trustee appointed from a county in | ||||
the district
shall be appointed from the area outside any | ||||
such
municipality. If the district is located wholly within | ||||
the corporate
limits of such municipality, 3 of the | ||||
trustees of the district shall be
appointed from such | ||
municipality, and 2 trustees shall be appointed at
large. | ||
In a district wholly contained within a single county of | ||
between
60,500 and 70,000 population and having no more | ||
than one municipality of 5,000
or more population, | ||
regardless of the date of organization, 3 trustees shall be
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appointed from that municipality, 2 trustees shall be | ||
appointed from the
district outside that municipality, and | ||
2 trustees shall be appointed at
large. No more than 2 | ||
appointments by each appointing authority may be from the
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same political party.
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(b) Where there are 2 or more such municipalities, one | ||
trustee shall
be appointed from each such municipality, one | ||
trustee shall be appointed
from each county in the district | ||
for each 50,000 population or part
thereof within the | ||
district in such county according to the last
preceding | ||
federal census, and 2 trustees shall be appointed at large. | ||
A
trustee appointed from a county in the district shall be | ||
appointed from
the area outside any such municipality. If | ||
the district is located
wholly within the corporate limits | ||
of such municipalities, 2 trustees
shall be appointed from | ||
the one of such municipalities having the
largest | ||
population, and one trustee shall be appointed from each of | ||
the
other such municipalities, and 2 trustees shall be | ||
appointed at large.
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(c) Trustees representing the area within the district | ||
located
outside of any municipality having 5,000 or more | ||
population and trustees
appointed at large when the | ||
district is wholly contained within a single
county shall | ||
be appointed by the presiding officer of the county board
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with the advice and consent of the county board and any | ||
trustee
representing the area within any such municipality | ||
shall be appointed by
its presiding officer. If however the | ||
district is located in more than
one county, any trustee | ||
representing the area within a district located
outside of | ||
any municipality having 5,000 or more population and any
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trustee at large shall be appointed by a majority vote of | ||
the presiding
officers of the county boards of the counties | ||
which encompass any part
of the district, except that no | ||
such appointment shall affect the term
of any trustee in | ||
office on the effective date of this amendatory Act of
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1977. Any trustee representing the area within any such | ||
municipality
shall be appointed by its presiding officer.
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(d) A trustee representing the area within any such | ||
municipality
shall reside within its corporate limits. A | ||
trustee representing the
area within the district and | ||
located outside of any such municipality
shall reside | ||
within such area. A trustee appointed at large may reside
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either within or without any such municipality but must | ||
reside within
the territory of the district. Should any | ||
trustee cease to reside
within that part of the territory | ||
he represents, then his office shall
be deemed vacated, and | ||
shall be filled by appointment for the remainder
of the | ||
term as hereinafter provided.
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(2) In case there are no municipalities having a population | ||
of 5,000
or more within such district located wholly within a | ||
single county, the
statement required by Section 1 shall | ||
include such finding, and in such
case the Board shall consist | ||
of 5 trustees who shall be appointed at
large by the presiding | ||
officer of the county board with the advice and
consent of the | ||
county board. If however the district is located in more
than | ||
one county, the trustees at large shall be appointed by a | ||
majority
vote of the presiding officers of the county boards of | ||
the counties
which encompass any portion of the district, but | ||
any trustee in office
on the effective date of this amendatory | ||
Act of 1977 shall be permitted
to serve out the remainder of | ||
his term. Each such trustee shall reside
within the district | ||
and shall continue to reside therein.
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(3) All initial appointments of trustees shall be made | ||
within 60
days after the determination of the result of the | ||
election. Each
appointment shall be in writing and shall be | ||
filed and made a matter of
record in the office of the county | ||
clerk wherein the organization
proceedings were filed. A | ||
trustee shall qualify within 10 days after
appointment by | ||
acceptance and the taking of the constitutional oath of
office, | ||
both to be in writing and similarly filed for record in the
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office of such county clerk. Members initially appointed to the | ||
board
of trustees of such district shall serve from date of | ||
appointment for 1,
2, 3, 4 and 5 years and shall draw lots to | ||
determine the periods for
which they each shall serve. In case | ||
there are more than 5 trustees,
lots shall be drawn so that 5 | ||
trustees shall serve initial terms of 1,
2, 3, 4 and 5 years | ||
and the other trustees shall serve terms of 1, 2, 3,
4 or 5 | ||
years as the number of trustees shall require and the drawing | ||
of
lots shall determine. The successors of all such initial | ||
members of the
board of trustees of a river conservancy | ||
district shall serve for terms
of 5 years, all such | ||
appointments and appointments to fill vacancies
shall be made | ||
in like manner as in the case of the initial trustees. A
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trustee having been duly appointed shall continue to serve | ||
after the
expiration of his term until his successor has been | ||
appointed.
Each trustee initially appointed in accordance with | ||
this amendatory Act of
1995 shall serve a term of 3 or 5 years | ||
as determined by lot.
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(4) Should a municipality which is wholly within a district | ||
attain,
or should such a municipality be established, having a | ||
population of
5,000 or more after the entry of the statement by | ||
the circuit court, the
presiding officer of such municipality | ||
may petition the circuit court of
the county in which such | ||
municipality lies for an order finding and
determining the | ||
population of such municipality and, if it is found and
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determined upon the hearing of such petition that the | ||
population of such
municipality is 5,000 or more, the board of | ||
trustees of such district as
previously established shall be | ||
increased by one trustee who shall
reside within the corporate | ||
limits of such municipality and shall be
appointed by its | ||
presiding officer. The initial trustee so appointed
shall serve | ||
for a term of 1, 2, 3, 4 or 5 years, as may be determined by
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lot, and his successors shall be similarly appointed and shall | ||
serve for
terms of 5 years. All provisions of this Section | ||
applicable to trustees
representing municipal areas shall | ||
apply to any such trustee, including
paragraph 5.
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(5) Should the foregoing provisions respecting the | ||
appointment of
trustees representing the area within any | ||
municipality of 5,000 or more
population be invalid when | ||
applied to any situation, then as to such
situation any such | ||
provision shall be deemed to be excised from this
Act, and the | ||
trustee whose appointment is thus affected shall be
appointed | ||
at large by the presiding officer of the county board with the
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advice and consent of the county board except if the district | ||
embraces
more than one county in which case the trustees shall | ||
be appointed at
large by a majority vote of the presiding | ||
officers of the county boards
of the counties which encompass | ||
any portion of the district. | ||
(6) In the case of a board representing a district that | ||
embraces Franklin and Jefferson counties, a trustee may be | ||
removed for incompetence, neglect of duty, or malfeasance in | ||
office by the appropriate appointing presiding officer or | ||
officers, without the advice and consent of the corporate | ||
authorities, by filing a written order of removal with the | ||
appropriate county or municipal clerk or clerks.
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(7) Notwithstanding any other provision of law to the | ||
contrary, in the case of a board representing a district that | ||
embraces Franklin and Jefferson counties, the terms of all | ||
trustees shall end on the effective date of this amendatory Act | ||
of the 94th General Assembly. Beginning on that date, the board | ||
shall consist of 7 trustees. The 7 trustees initially appointed | ||
pursuant to
this
amendatory Act of the 94th General Assembly | ||
shall be appointed in the same manner as otherwise provided in | ||
this Section by the appropriate appointing authority and shall | ||
serve the following terms, as determined by lot: (i) 2 trustees | ||
shall serve until July 1, 2006; (ii) 2 trustees shall serve | ||
until July 1, 2007; (iii) one trustee shall serve until July 1, | ||
2008; (iv) one trustee shall serve until July 1, 2009; and (v) | ||
one trustee shall serve until July 1, 2010. Upon expiration of | ||
the terms of the trustees initially appointed
under this | ||
amendatory Act of the 94th General Assembly, their respective | ||
successors shall be
appointed for terms of 5 years, beginning | ||
on July 1 of the year in which the previous term expires and | ||
until their respective successors are appointed and qualified. | ||
After the appointment of the trustees initially appointed | ||
pursuant to this amendatory Act of the 94th General Assembly, | ||
the number of trustees on the board may be increased in | ||
accordance with subsection (4).
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(Source: P.A. 89-148, eff. 1-1-96.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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