Public Act 0177 104TH GENERAL ASSEMBLY

HB1364 Enrolled LRB104 07706 RTM 17751 b

Public Act 104-0177

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Joliet Arsenal Development Authority Act is amended by changing Sections 5, 15, 20, and 55 as follows:

(70 ILCS 508/5)

Sec. 5. Purpose. The purpose of this Act is to facilitate and promote the utilization of property that is located along the Illinois Waterway throughout Will County and property formerly occupied and used by the United States government as an ammunition plant and arsenal and to replace and enhance the economic benefits generated by those former uses with diversified projects and land uses that will create new job opportunities and foster new economic development within the area.

(Source: P.A. 89-333, eff. 8-17-95.)

(70 ILCS 508/15)

Sec. 15. Creation of Authority; Board members; officers.

(a) The Joliet Arsenal Development Authority is created as a political subdivision, body politic, and municipal corporation.

(b) The territorial jurisdiction of the Authority shall extend over all of the territory, consisting of 3,000 acres, more or less, that is commonly known and described as the Joliet ammunition plant and arsenal and includes the municipalities of Channahon, Crest Hill, Elwood, Joliet, Lockport, Manhattan, Rockdale, Romeoville, Symerton, and Wilmington. The legal description of the territory is (1) approximately 1,900 acres located at the Arsenal, the approximate legal description of which includes part of section 30, Jackson Township, T34N R10E, and sections or part of sections 24, 25, 26, 35, and 36, Channahon Township, T34N R9E, Will County, Illinois, as depicted in the Arsenal Land Use Concept; and (2) approximately 1,100 acres, the approximate legal description of which includes part of sections 16, 17, and 18, Florence Township, T33N R10E, Will County, Illinois, as depicted in the Arsenal Land Use Concept.

(c) The governing and administrative powers of the Authority shall be vested in its Board of Directors consisting of 15 10 members. Four of the members of the Board of Directors , 4 of whom shall be appointed by the Governor from Will County, by and with the advice and consent of the Senate. One of the members of the Board of Directors , and 6 of whom shall be appointed by the Will County Executive with the advice and consent of the Will County Board. The mayors of the municipalities of Channahon, Crest Hill, Elwood, Joliet, Lockport, Manhattan, Rockdale, Romeoville, Symerton, and Wilmington shall each appoint one member of the Board of Directors. All members appointed to the Board shall be residents of Will County. , but of the 6 members who are appointed by the Will County Executive, with the advice and consent of the Will County Board, one shall be a resident of the City of Joliet, one a resident of the City of Wilmington, one a resident of the Village of Elwood, one a resident of the Village of Manhattan, one a resident of the Village of Symerton, and one an at-large resident of Will County. Each city council or village board shall recommend 3 individuals who are residents of the city or village to the Will County Executive to be members of the Board of Directors. The Will County Executive shall choose one of the recommended individuals from each city and village and shall submit those names to the Will County Board for approval. All persons appointed as members of the Board shall have recognized ability and experience in one or more of the following areas: economic development, finance, banking, industrial development, small business management, real estate development, community development, venture finance, organized labor, units of local government, or civic, community, or neighborhood organization.

(d) (Blank). Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, the Will County Executive, with the advice and consent of the Will County Board, shall appoint the additional member of the Board for an initial term expiring on the third Monday in January, 2013. The member must be an at-large resident of Will County. The Board members holding office on the effective date of this amendatory Act of the 96th General Assembly shall continue to hold office for the remainder of their respective terms. All successors shall be appointed by the original appointing authority and hold office for a term of 4 years commencing the third Monday in January of the year in which their term commences, except in case of an appointment to fill a vacancy. Vacancies shall be filled for the remainder of the term. In case of vacancy in a Governor-appointed membership when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate when a person shall be nominated to fill that office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term. Each member appointed to the Board shall serve until his or her successor is appointed and qualified.

(d-10) Within 30 days after the effective date of this amendatory Act of the 104th General Assembly, the mayors Romeoville, Lockport, Crest Hill, Rockdale, and Channahon shall each appoint one additional member of the Board for an initial term expiring on the third Monday in January of the year in which their term commences. The Board members holding office on the effective date of this amendatory Act of the 104th General Assembly shall continue to hold office for the remainder of their respective terms, and any vacancy in their terms shall be filled by the original appointing authority. Upon the expiration of the term of the Board member holding office on the effective date of this amendatory Act of the 104th General Assembly who was appointed by the Will County Executive and is a resident of the City of Joliet, the mayor of Joliet shall appoint that member's successor. Upon the expiration of the term of the Board member holding office on the effective date of this amendatory Act of the 104th General Assembly who was appointed by the Will County Executive and is a resident of the City of Wilmington, the mayor of Wilmington shall appoint that member's successor. Upon the expiration of the term of the Board member holding office on the effective date of this amendatory Act of the 104th General Assembly who was appointed by the Will County Executive and is a resident of the Village of Elwood, the mayor of Elwood shall appoint that member's successor. Upon the expiration of the term of the Board member holding office on the effective date of this amendatory Act of the 104th General Assembly who was appointed by the Will County Executive and is a resident of the Village of Manhattan, the mayor of Manhattan shall appoint that member's successor. Upon the expiration of the term of the Board member holding office on the effective date of this amendatory Act of the 104th General Assembly who was appointed by the Will County Executive and is a resident of the Village of Symerton, the mayor of Symerton shall appoint that member's successor.

(e) The Chairperson of the Board shall be elected by the Board annually from among the members who are appointed by the Will County Executive from among the members of the Board.

(f) The Governor may remove any member of the Board in case of incompetency, neglect of duty, or malfeasance in office.

(g) Members of the Board shall serve without compensation for their services as members but may be reimbursed for all necessary expenses incurred in connection with the performance of their duties as members.

(h) The Board may appoint an Executive Director who shall have a background in finance, including familiarity with the legal and procedural requirements of issuing bonds, real estate or economic development, and administration. The Executive Director shall hold office at the discretion of the Board. The Executive Director shall be the chief administrative and operational officer of the Authority, shall direct and supervise its administrative affairs and general management, shall perform such other duties as may be prescribed from time to time by the Board, and shall receive compensation fixed by the Board. The Executive Director shall attend all meetings of the Board; however, no action of the Board or the Authority shall be invalid on account of the absence of the Executive Director from a meeting. The Board may engage the services of such other agents and employees, including attorneys, appraisers, engineers, accountants, credit analysts and other consultants, and may prescribe their duties and fix their compensation.

(i) The Board shall meet on the call of its Chairperson or upon written notice of 8 6 members of the Board.

(Source: P.A. 96-1122, eff. 7-20-10.)

(70 ILCS 508/20)

Sec. 20. Actions of the Authority. All official acts of the Authority shall require the affirmative vote of a simple majority at least 6 members of the Board members at a meeting of the Board at which the members casting those affirmative votes are present. It is the duty of the Authority to promote development within its territorial jurisdiction. The Authority shall use the powers conferred on it by this Act to assist in the development, construction, and acquisition of industrial or commercial projects within its territorial jurisdiction.

Eight 6 members shall constitute a quorum, and the Board may not meet or take any action without a quorum present.

(Source: P.A. 103-517, eff. 8-11-23.)

(70 ILCS 508/55)

Sec. 55. Abolition of Authority. The Authority shall be abolished upon the last to occur of the following: (1) expiration of the 35-year 30-year period that begins on the effective date of this Act; or (2) one year after all revenue bonds, notes, and other evidences of indebtedness of the Authority have been fully paid and discharged or otherwise provided for. Upon the abolition of the Authority, all of its rights and property shall pass to and be vested in Will County the State.

(Source: P.A. 102-699, eff. 4-19-22.)