Full Text of HB4253 100th General Assembly
HB4253enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Water District Act is amended by | 5 | | changing Section 4 as follows:
| 6 | | (70 ILCS 3705/4) (from Ch. 111 2/3, par. 191)
| 7 | | Sec. 4.
A board of trustees consisting of 7 members for the
| 8 | | government, control and management of the affairs of the | 9 | | business of
each such water district organized under this Act | 10 | | shall be created in
the following manner:
| 11 | | (1) If the district lies wholly within a single | 12 | | township but does
not also lie wholly within a | 13 | | municipality, the board of trustees
of that
township shall | 14 | | appoint the trustees for the district but no voting member
| 15 | | of the township board is eligible for such appointment;
| 16 | | (2) If the district is wholly contained within a | 17 | | municipality, the
governing body of the municipality shall | 18 | | appoint the trustees for the
district;
| 19 | | (3) If the district is wholly contained within a single | 20 | | county, the
trustees for the district shall be appointed by | 21 | | the presiding officer of
the county board with the advice | 22 | | and consent of the county board;
| 23 | | (4) If the district is located in more than one county, |
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| 1 | | the number
of trustees who are residents of a county shall | 2 | | be in proportion, as
nearly as practicable, to the number | 3 | | of residents of the district who
reside in that county in | 4 | | relation to the total population of the
district. Trustees | 5 | | shall be appointed by the county board of their
respective | 6 | | counties, or in the case of a home rule county as defined | 7 | | by
Article VII, Section 6 of the Constitution of 1970, by | 8 | | the chief
executive officer of that county with the advice | 9 | | and consent of the
county board.
| 10 | | Upon the expiration of the term of a trustee who is in | 11 | | office on the
effective date of this Amendatory Act of 1975, | 12 | | the successor shall be a
resident of whichever county is | 13 | | entitled to such representation in order
to bring about the | 14 | | proportional representation required herein, and he
shall be | 15 | | appointed by the appointing authority of that county.
| 16 | | Thereafter, each trustee shall be succeeded by a resident | 17 | | of the same
county who shall be appointed by the same | 18 | | appointing authority; however,
the provisions of the preceding | 19 | | paragraph shall apply to the appointment
of the successor to | 20 | | each trustee who is in office at the time of the
publication of | 21 | | each decennial Federal census of population.
| 22 | | Within 60 days after the adoption of this Act as provided | 23 | | in Section
2 hereof, the appropriate appointing authority shall | 24 | | appoint 7 trustees
who shall hold that office respectively one | 25 | | for one, one for 2, one for
3, 2 for 4 and 2 for 5 years from | 26 | | the first Monday of May next after
their appointment as |
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| 1 | | designated by the appointing authority at the time
of | 2 | | appointment and until their successors are appointed and have
| 3 | | qualified. Thereafter on or after the first Monday in May of | 4 | | each year
the appointing authority shall appoint successors | 5 | | whose term shall be
for 5 years commencing the first Monday in | 6 | | May of the year they are
respectively appointed. If the circuit | 7 | | court finds that the size,
number of members, and scale of | 8 | | operations of the water district
justifies a Board of Trustees | 9 | | of less than 7 members he shall rule that
such board shall have | 10 | | 3 or 5 members. Initial appointments to a 3
member board shall | 11 | | be as follows: one for one, one for 2, and one for 3
years. | 12 | | Initial appointments to a 5 member board shall be as follows:
| 13 | | one for one, one for 2, one for 3, one for 4 and one for 5 | 14 | | years. In
each such case the term of office and method of | 15 | | appointing successors
shall be as provided in this Section for | 16 | | 7 member boards. The
appointing authority shall require each of | 17 | | such trustees to enter a bond
with security to be approved by | 18 | | the appointing authority in such sum as
such appointing | 19 | | authority may determine. A majority of the Board of
Trustees | 20 | | shall constitute a quorum, but a smaller number may adjourn
| 21 | | from day to day. No trustee or employee of such district shall | 22 | | be
directly or indirectly interested in any contract, work or | 23 | | business of
the district or the sale of any article, the | 24 | | expense, price or
consideration of which is paid by such | 25 | | district, nor in the purchase of
any real estate or property | 26 | | for or belonging to the district.
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| 1 | | An appointing authority may remove a public water district | 2 | | trustee it appointed for misconduct, official misconduct, or | 3 | | neglect of office. | 4 | | Whenever a vacancy in such board of trustees shall occur | 5 | | either from
death, resignation, removal, refusal to qualify , or | 6 | | for any other reason , the
appointing authority shall have power | 7 | | to fill such vacancy by
appointment. Such persons so appointed | 8 | | or qualified for office in the
manner hereinbefore stated shall | 9 | | thereupon assume the duties of the
office for the unexpired | 10 | | term for which such person was appointed.
| 11 | | For terms commencing before the effective date of this | 12 | | amendatory Act of the 96th General Assembly, the trustees | 13 | | appointed under this Act shall be paid
a sum of not to exceed | 14 | | $600 per annum for their respective duties as
trustees, except | 15 | | that trustees of a district with an annual operating budget
of | 16 | | $1,000,000 or more may be paid a sum not to exceed $1,000 per | 17 | | annum.
For terms commencing on or after the effective date of | 18 | | this amendatory Act of the 96th General Assembly, the trustees | 19 | | shall be paid a sum of not to exceed $1,200 per annum. However, | 20 | | trustees appointed under this Act for any public
water district | 21 | | which acquires by purchase or condemnation, or
constructs, and | 22 | | maintains and operates sewerage properties in
combination with | 23 | | its waterworks
properties, under the provisions of Section 23a | 24 | | of this Act,
shall be paid a sum of not to exceed $2,000 per | 25 | | annum for their
respective duties as trustees. Compensation in | 26 | | either case
shall be determined by resolution of the
respective |
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| 1 | | boards of trustees, to be adopted annually at their
first | 2 | | meeting in May.
| 3 | | Any public water district organized under this Act with a | 4 | | board of
trustees consisting of 7 members may have the size of | 5 | | its board reduced
as provided in Section 4.1.
| 6 | | (Source: P.A. 96-614, eff. 1-1-10.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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