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Public Act 098-0407
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| HB2239 Enrolled | LRB098 02654 OMW 32659 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 Sanitary District Act of 1917 is amended by |
changing Section 3 as follows:
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(70 ILCS 2405/3) (from Ch. 42, par. 301)
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Sec. 3. Board of trustees; creation; term. A board of |
trustees shall be created, consisting of 5 members
in any |
sanitary district which includes one or more municipalities |
with
a population of over 90,000 but less than 500,000 |
according to the most
recent Federal census, and consisting of |
3 members in any other district.
However, the board of trustees |
for the Fox River Water Reclamation District, the Sanitary |
District of Decatur, and the Northern Moraine Wastewater |
Reclamation District
shall each consist of 5 members. Each |
board of trustees shall be created for the
government, control |
and management of the affairs and business of each
sanitary |
district organized under this Act shall be created in the
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following manner:
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(1) If the district is located wholly within a single |
county, the
presiding officer of the county board, with the |
advice and consent of
the county board, shall appoint the |
trustees for the district;
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(2) If the district is located in more than one county, |
the members
of the General Assembly whose legislative |
districts encompass any
portion of the district shall |
appoint the trustees for the district.
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In any sanitary district which shall have a 3 member board |
of trustees,
within 60 days after the adoption of such act, the |
appropriate
appointing authority shall appoint three trustees |
not more than 2 of
whom shall be from one incorporated city, |
town or village in districts
in which are included 2 or more |
incorporated cities, towns or villages,
or parts of 2 or more |
incorporated cities, towns or villages, who shall
hold their |
office respectively for 1, 2 and 3 years, from the first
Monday |
of May next after their appointment and until their successors
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are appointed and have qualified, and thereafter on or before |
the second
Monday in April of each year the appropriate |
appointing authority shall
appoint one trustee whose term shall |
be for 3 years commencing the first
Monday in May of the year |
in which he is appointed. The
length of the term of the first |
trustees shall be determined by lot at
their first meeting.
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In the case of any sanitary district created after January |
1, 1978 in which
a 5 member board of trustees is required, the |
appropriate appointing authority
shall appoint 5 trustees, one |
of whom shall hold office for one year, two
of whom shall hold |
office for 2 years, and 2 of whom shall hold office for
3 years |
from the first Monday of May next after their respective |
appointments
and until their successors are appointed and have |
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qualified. Thereafter,
on or before the second Monday in April |
of each year the appropriate
appointing authority shall appoint |
one trustee or 2 trustees, as shall be
necessary to maintain a |
5 member board of trustees, whose terms shall be for 3
years
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commencing the first Monday in May of the year in which they |
are respectively
appointed. The length of the terms of the |
first trustees shall be determined
by lot at their first |
meeting.
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In any sanitary district created prior to January 1, 1978 |
in which a
5 member board of trustees is required as of January |
1, 1978,
the two trustees already serving terms which do not |
expire on May 1, 1978
shall continue to hold office for the |
remainders of their respective terms,
and 3 trustees shall be |
appointed by the appropriate appointing authority
by April 10, |
1978 and shall hold office for terms beginning May 1, 1978.
Of |
the three new trustees, one shall hold office for 2 years and 2 |
shall
hold office for 3 years from May 1, 1978 and until their |
successors are
appointed and have qualified. Thereafter, on or |
before the second Monday
in April of each year the appropriate |
appointing authority shall appoint
one trustee or 2 trustees, |
as shall be necessary to maintain a 5 member
board of trustees, |
whose terms shall be for 3 years commencing the first
Monday in |
May of the year in which they are respectively appointed. The
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lengths of the terms of the trustees who are to hold office |
beginning May
1, 1978 shall be determined by lot at their first |
meeting after May 1, 1978.
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No more than 3 members of a 5 member board of trustees may |
be of the same
political party; except that in any sanitary |
district which otherwise
meets the requirements of this Section |
and which lies within 4 counties of the
State of Illinois or, |
prior to April 30, 2008, in the Fox River Water Reclamation |
District; the
appointments of the 5 members of the board of |
trustees
shall be made without regard to political party. |
Beginning with the appointments made on April 30, 2008, all |
appointments to the board of trustees of the Fox River Water |
Reclamation District shall be made so that no more than 3 of |
the 5 members are from the same political party.
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Within 60 days after the release of Federal census |
statistics showing that
a sanitary district having a 3 member |
board of trustees contains one
or more municipalities with a |
population over 90,000 but less than 500,000,
or, for the |
Northern Moraine Wastewater Reclamation District, within 60 |
days after the effective date of this amendatory Act of the |
95th General Assembly, the appropriate appointing authority |
shall appoint 2 additional trustees
to the board of trustees, |
one to hold office for 2 years and one to hold
office for 3 |
years from the first Monday of May next after their appointment
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and until their successors are appointed and have qualified. |
The lengths
of the terms of these two additional members shall |
be determined by lot
at the first meeting of the board of |
trustees held after the additional
members take office. The |
three trustees already holding office in the sanitary
district |
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shall continue
to hold office for the remainders of their |
respective terms. Thereafter,
on or before the second Monday in |
April of each year the appropriate appointing
authority shall |
appoint one trustee or 2 trustees, as shall be necessary
to |
maintain a 5 member board of trustees, whose terms shall be for |
3 years
commencing the first Monday in May of the year in which |
they are respectively
appointed.
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If any sanitary district having a 5 member board of |
trustees shall cease
to contain one or more municipalities with |
a population over 90,000 but
less than 500,000 according to the |
most recent Federal census, then, for
so long as that sanitary |
district does not contain one or more such
municipalities,
on |
or before the second Monday in April of each year the |
appropriate appointing
authority shall
appoint one trustee |
whose term shall be for 3 years commencing the first
Monday in |
May of the year in which he is appointed. In districts which
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include 2 or more incorporated cities, towns, or villages, or |
parts of 2
or more incorporated cities, towns, or villages, all |
of the trustees shall
not be from one incorporated city, town |
or village.
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If a vacancy occurs on any board of trustees, the |
appropriate appointing
authority shall within 60 days appoint a |
trustee who shall hold office for
the remainder of the vacated |
term.
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The appointing authority shall require each of the trustees |
to enter
into bond, with security to be approved by the |
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appointing authority, in
such sum as the appointing authority |
may determine.
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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 belonging to the
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district, or which shall be sold for taxes or assessments, or |
by virtue
of legal process at the suit of the district. |
Provided, that nothing
herein shall be construed as prohibiting |
the appointment or selection of
any person as trustee or |
employee whose only interest in the district is
as owner of |
real estate in the district or of contributing to the
payment |
of taxes levied by the district. The trustees shall have the
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power to provide and adopt a corporate seal for the district.
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Notwithstanding any other provision in this Section, in any |
sanitary
district created prior to the effective date of this |
amendatory Act of
1985, in which a five member board of |
trustees has been appointed and which
currently includes one or |
more municipalities with a population of over
90,000 but less |
than 500,000, the board of trustees shall consist of five
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members. |
Except as otherwise provided for vacancies, in the event |
that the appropriate appointing authority fails to appoint a |