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Public Act 91-0333
HB2281 Enrolled LRB9105130MWgcA
AN ACT to amend the Public Water District Act by changing
Section 4.
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.
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. 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 $1200 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. 82-783.)
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