State of Illinois
91st General Assembly
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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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