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91_HB2008enr
HB2008 Enrolled LRB9104634DHmg
1 AN ACT creating the 25th Avenue Railroad Relocation and
2 Redevelopment Authority.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 25th Avenue Railroad Relocation and Development Authority
7 Act.
8 Section 5. Legislative declaration. The General
9 Assembly declares that the welfare, health, prosperity, and
10 moral and general well being of the people of the State are,
11 in large measure, dependent upon the sound and orderly
12 development of municipal areas. The Village of Bellwood and
13 the Village of Melrose Park, by reason of the location
14 therein of 25th Avenue and its use for vehicular travel in
15 access to the entire west metropolitan Chicago area,
16 including municipalities in 2 counties, as well as commercial
17 and industrial growth patterns and accessibility to O'Hare
18 International Airport, Midway Airport, manufacturing, and
19 freight related facilities, have become and will increasingly
20 be the hub of transportation from all parts of the region and
21 throughout the west metropolitan area. Motor vehicle
22 traffic, pedestrian travel, and the safety of both motorists
23 and pedestrians are substantially aggravated by the location
24 of a major railroad right of way that divides the Village of
25 Bellwood and the Village of Melrose Park. Additionally,
26 certain development opportunities may exist in the project
27 area that would stabilize and enhance the tax base of
28 existing communities, maintain and revitalize existing
29 commerce and industry, create opportunities for intersurface
30 modal transportation efficiencies, and promote comprehensive
31 planning within and between communities. The presence of the
32 railroad right of way at the 25th Avenue grade crossing is
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1 detrimental to the orderly expansion of industry and commerce
2 and to progress of the region. To alleviate this situation
3 it is necessary to relocate the railroad tracks and right of
4 way on 25th Avenue, to separate the grades at crossing, to
5 acquire property for relocation or submergence of the
6 railroad or highways, to create an agency to facilitate and
7 accomplish that relocation, and to direct infrastructure and
8 development improvements in the 25th Avenue vicinity between
9 St. Charles Road and Lake Street.
10 Section 10. Creation; duration. There is created a body
11 politic and corporate, a unit of local government, named the
12 25th Avenue Railroad Relocation and Development Authority,
13 embracing that portion of Proviso Township embracing that
14 portion of the Village of Bellwood and the Village of Melrose
15 Park from St. Charles Road on the South to Lake Street on the
16 North, and from the Indiana Harbor Belt Railroad on the West
17 to 22nd Avenue on the East, Cook County, Illinois. The
18 Authority shall continue in existence until the
19 accomplishment of its objective, the relocation of the
20 railroad tracks and 25th Avenue, the grade separation of
21 railroads from the right of way and at-grade crossing
22 closures within the Village of Bellwood and the Village of
23 Melrose Park, and the establishment of a transit-oriented
24 intersurface modal development facility in the project area,
25 or until the Authority officially resolves that it is
26 impossible or economically unfeasible to fulfill that
27 objective.
28 Section 15. Acquisition of property. The Authority
29 shall have the power to acquire by gift, purchase, or legacy
30 the fee simple title to real property located within the
31 boundaries of the Authority, including temporary and
32 permanent easements, as well as reversionary interests in the
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1 streets, alleys and other public places and personal
2 property, required for its purposes, and title thereto shall
3 be taken in the corporate name of the Authority. Any such
4 property which is already devoted to a public use may
5 nevertheless be acquired, provided that no property belonging
6 to the United States of America or the State of Illinois may
7 be acquired without the consent of such governmental unit.
8 No property devoted to a public use belonging to a
9 corporation subject to the jurisdiction of the Illinois
10 Commerce Commission may be acquired without a prior finding
11 by the Illinois Commerce Commission that the taking would not
12 result in the imposition of an undue burden on instrastate
13 commerce. All land and appurtenances thereto, acquired or
14 owned by the Authority, are to be deemed acquired or owned
15 for a public use or public purpose.
16 Section 20. Sale or exchange of property. The Authority
17 shall have the power to sell, transfer, exchange, vacate or
18 assign property acquired for the purposes of this Act as it
19 shall deem appropriate.
20 Section 25. Acceptance of grants, loans, and
21 appropriations. The Authority shall have the power to apply
22 for and accept grants, loans, advances and appropriations
23 from the Federal Government and from the State of Illinois or
24 any agency or instrumentality thereof to be used for the
25 purposes of the Authority, and to enter into any agreement in
26 relation to such grants, loans, advances and appropriations.
27 The Authority may also accept from the State, any State
28 agency, department or commission, any county or other
29 political subdivision, any municipal corporation, any
30 railroads, school authorities, or jointly therefrom, grants
31 of funds or services for any of the purposes of this Act.
32 The Authority shall be treated as a rail carrier subject to
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1 the Illinois Commerce Commission's jurisdiction and eligible
2 to receive money from the Grade Crossing Protection Fund or
3 any fund of the State or other source available for purposes
4 of promoting safety and separation of at-grade railroad
5 crossings or highway improvements.
6 Section 30. Borrowing money and issuance of bonds. The
7 Authority may incur debt and borrow money from time to time
8 and, in evidence thereof, may issue and sell bonds in such
9 amount or amounts as the Authority may determine, to provide
10 funds for carrying out the purposes of this Act, and to pay
11 all costs and expenses incident thereto, and to refund and
12 refinance, from time to time, bonds so issued and sold, as
13 often as may be deemed to be advantageous by the Authority.
14 Section 35. Taxing powers. The Authority shall not have
15 the power to levy real property taxes for any purpose
16 whatsoever.
17 Section 40. Board; composition; qualification;
18 compensation and expenses. The Authority shall be governed
19 by a board consisting of 5 members. The members of the
20 Authority shall serve without compensation, but may be
21 reimbursed for actual expenses incurred by them in the
22 performance of duties prescribed by the Authority. However,
23 any member of the Authority who serves as secretary or
24 treasurer may receive compensation for services as that
25 officer.
26 Section 45. Appointments; tenure; oaths; vacancies. The
27 members of the Authority shall be appointed by the Governor,
28 who shall give notice of the member's selection to each other
29 member within 10 days after selection and before the member's
30 entering upon the duties of office. Two of the members shall
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1 be recommended to the Governor from a list of 3 candidates
2 provided by the village president of the Village of Bellwood,
3 and 2 of the members shall be recommended to the Governor
4 from a list of 3 candidates provided by the village president
5 of the Village of Melrose Park. The office of chairman shall
6 rotate annually and shall represent the Village of Bellwood,
7 the Village of Melrose Park, and the Governor's appointments,
8 respectively, for each of the 3 years of the term of office.
9 Each representative member of the Authority shall take and
10 subscribe to the constitutional oath of office and file it
11 with the Secretary of State. If a vacancy occurs by death,
12 resignation, or otherwise, the vacancy shall be filled by the
13 appropriate selecting party. All appointments of members
14 shall be for a 3-year term. Each member shall continue to
15 serve an additional 3-year term unless that member is
16 replaced by appointment within 60 days of the end of his or
17 her term.
18 Section 50. Removal of members. The Governor may remove
19 from office any Authority member immediately in case of
20 incompetency, neglect of duty or malfeasance of office or
21 otherwise upon 15 days written notice to the other members.
22 Absence from any 3 consecutive regular meetings of the
23 Authority shall be deemed neglect of duty.
24 Section 55. Organization; chair and temporary Secretary.
25 As soon as possible after the appointment of the initial
26 members, the Authority shall organize for the transaction of
27 business, select a Chair and a temporary Secretary from its
28 own number, and adopt bylaws to govern its proceedings. The
29 initial Chair and successors shall be elected by the
30 Authority from time to time from among members. The
31 Authority may act through its members by entering into an
32 agreement that a member act on the Authority's behalf, in
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1 which instance the act or performance directed shall be
2 deemed to be exclusively of, for, and by the Authority and
3 not the individual act of the member or its represented
4 person.
5 Section 60. Meetings; quorum; resolutions. Regular
6 meetings of the Authority shall be held at least quarterly,
7 the time and place of those meetings to be fixed by the
8 Authority. Special meetings may be called by the Chair or by
9 any 3 members of the Authority by giving notice thereof in
10 writing, stating the time, place, and purpose of the meeting.
11 The notice shall be served by special delivery letter
12 deposited in the mails at least 48 hours before the meeting.
13 A majority of the members of the Authority shall constitute a
14 quorum for the transaction of business. All action of the
15 Authority shall be by resolution and, except as otherwise
16 provided in this Act, the affirmative vote of at least a
17 majority shall be necessary for the adoption of any
18 resolution. The Chair shall be entitled to vote on any and
19 all matters coming before the Authority.
20 Section 65. Secretary and Treasurer; oaths; bond of
21 Treasurer. The Authority may appoint a Secretary and a
22 Treasurer, who need not be members of the Authority, to hold
23 office during the pleasure of the Authority, and fix their
24 duties and compensation. Before entering upon the duties of
25 their respective offices, they shall take and subscribe to
26 the constitutional oath of office, and the Treasurer shall
27 execute a bond with corporate sureties to be approved by the
28 Authority. The bond shall be payable to the Authority in
29 whatever penal sum may be directed by the Authority
30 conditioned upon the faithful performance of the duties of
31 the office and the payment of all money received by the
32 Treasurer according to law and the orders of the Authority.
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1 The Authority may, at any time, require a new bond for the
2 Treasurer in such penal sum as may then be determined by the
3 Authority.
4 Section 70. Deposit and withdrawal of funds; signatures.
5 All funds deposited by the Treasurer in any bank or savings
6 and loan association shall be placed in the name of the
7 Authority and shall be withdrawn or paid out only by check or
8 draft upon the bank or savings and loan association, signed
9 by the Treasurer and countersigned by the Chair of the
10 Authority. Subject to prior approval of the designations by
11 a majority of the Authority, the Chair may designate any
12 other member or any officer of the Authority to affix the
13 signature of the Treasurer to any Authority check or draft
14 for payment of salaries or wages and for payment of any other
15 obligation of not more than $2,500.
16 No bank or savings and loan association shall receive
17 public funds as permitted by this Section unless it has
18 complied with the requirements established under Section 6 of
19 the Public Funds Investment Act.
20 Section 75. Delivery of check after executing officer
21 ceases to hold office. If any officer whose signature appears
22 upon any check or draft issued pursuant to this Act ceases to
23 hold office before the delivery of the check or draft to the
24 payee, the officer's signature nevertheless shall be valid
25 and sufficient for all purposes with the same effect as if
26 the officer had remained in office until delivery of the
27 check or draft.
28 Section 80. Rules. The Authority may make all rules and
29 regulations proper or necessary and to carry into effect the
30 powers granted to it. The rules and regulations shall be
31 consistent with the guidelines, objectives, and project scope
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1 as set out by the Illinois Commerce Commission.
2 Section 85. Fiscal year. The Authority shall designate
3 its fiscal year.
4 Section 90. Reports and financial statements. Within 60
5 days after the end of its fiscal year, the Authority shall
6 cause to be prepared by a certified public accountant a
7 complete and detailed report and financial statement of the
8 operations and assets and liabilities as relate to the 25th
9 Avenue railroad grade separation project. A reasonably
10 sufficient number of copies of the report shall be prepared
11 for distribution to persons interested, upon request, and a
12 copy of the report shall be filed with the Illinois Commerce
13 Commission and with the county clerk of Cook County.
14 Section 95. Construction. Nothing in this Act shall be
15 construed to confer upon the Authority the right, power, or
16 duty to order or enforce the abandonment of any present
17 property of the railroads or the use in substitution therefor
18 of any property acquired for the railroads in the absence of
19 a contract duly executed by the railroads and the Authority
20 setting forth the terms and conditions upon which relocation
21 of the right of way and physical facilities of the railroads
22 is to be accomplished. No such contract shall be or become
23 enforceable until the provisions of the contract have been
24 approved or authorized by the Illinois Commerce Commission.
25 Section 100. Existing contracts, obligations, and
26 liabilities. No contract, obligation, or liability whatever
27 of the railroads to pay any money into the State treasury,
28 nor any lien of the State upon or right to tax property of
29 the railroads, shall be released, suspended, modified,
30 altered, remitted, or in any manner diminished or impaired by
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1 the contract with the Authority, and any such charter
2 provisions applicable to the property on which the railroads
3 are now located shall be deemed in full force and effect with
4 respect to any property on which the railroads are relocated
5 in substitution therefor pursuant to the provisions of this
6 Act or any such contract with the Authority pursuant thereto.
7 Notwithstanding, upon order of the Illinois Commerce
8 Commission, the Authority shall succeed to and assume the
9 performance and actions of the represented persons under the
10 terms of the order and amending orders previously entered
11 relative to the 25th Avenue railroad grade separation project
12 and consistent with the objectives of the Authority.
13 Section 105. Severability. The provisions of this Act
14 are severable under Section 1.31 of the Statute on Statutes.
15 Section 999. Effective date. This Act takes effect upon
16 becoming law.
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