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Public Act 100-0737
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| HB4253 Enrolled | LRB100 16144 AWJ 31263 b |
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AN ACT concerning local government.
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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 Public Water District Act is amended by |
changing Section 4 as follows:
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(70 ILCS 3705/4) (from Ch. 111 2/3, par. 191)
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Sec. 4.
A board of trustees consisting of 7 members for the
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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:
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(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
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of the township board is eligible for such appointment;
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(2) If the district is wholly contained within a |
municipality, the
governing body of the municipality shall |
appoint the trustees for the
district;
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(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;
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(4) If the district is located in more than one county, |
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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.
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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.
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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.
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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 |
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designated by the appointing authority at the time
of |
appointment and until their successors are appointed and have
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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:
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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
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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.
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An appointing authority may remove a public water district |
trustee it appointed for misconduct, official misconduct, or |
neglect of office. |
Whenever a vacancy in such board of trustees shall occur |
either from
death, resignation, removal, 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.
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For terms commencing before the effective date of this |
amendatory Act of the 96th General Assembly, 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.
For terms commencing on or after the effective date of |
this amendatory Act of the 96th General Assembly, the trustees |
shall be paid a sum of not to exceed $1,200 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 per |
annum for their
respective duties as trustees. Compensation in |
either case
shall be determined by resolution of the
respective |