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91_SB1577eng
SB1577 Engrossed LRB9110397MWgcA
1 AN ACT creating the Southwest Suburban Railroad
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 Southwest Suburban Railroad Redevelopment Authority Act.
7 Section 5. Legislative declaration. The General
8 Assembly declares that the welfare, health, prosperity, and
9 moral and general well-being of the people of the State are,
10 in large measure, dependent upon the sound and orderly
11 development of municipal areas. The Southwest Suburban area,
12 by reason of the location therein of vital roadways and their
13 use for vehicular travel in access to the entire southwest
14 metropolitan Chicago area, as well as commercial and
15 industrial growth patterns and accessibility to manufacturing
16 and freight-related facilities, have become and will
17 increasingly be the hub of transportation from all parts of
18 the region and throughout the southwest metropolitan area.
19 Motor vehicle traffic, pedestrian travel, and the safety of
20 both motorists and pedestrians are substantially aggravated
21 by the location of railroad grade crossings. Additionally,
22 certain development opportunities may exist in the project
23 area that would stabilize and enhance the tax base of
24 existing communities, maintain and revitalize existing
25 commerce and industry, and promote comprehensive planning
26 within and between communities. The presence of the railroad
27 grade crossings are detrimental to the orderly expansion of
28 industry and commerce and to progress of the region. To
29 alleviate this situation it is necessary to relocate the
30 railroad tracks, to separate the grades at crossing, to
31 acquire property for relocation or submergence of the
32 railroad or highways, to create an agency to facilitate and
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1 accomplish that relocation, and to direct infrastructure and
2 development improvements in the Southwest Suburban area.
3 Section 10. Creation; duration. There is created a body
4 politic and corporate, a unit of local government, named the
5 Southwest Suburban Railroad Redevelopment Authority,
6 embracing the municipalities of Chicago Ridge, Burbank,
7 Bedford Park, Worth, Tinley Park, Orland Park, Palos Park,
8 Crestwood, Dolton, Riverdale, Harvey, Oak Lawn, Dixmoor,
9 Bridgeview, Alsip, Oak Forest, Midlothian, Palos Heights,
10 Evergreen Park, Posen, Blue Island, and Merrionette Park. The
11 Authority shall continue in existence until the
12 accomplishment of its objective, the relocation of railroad
13 tracks and roadways and the grade separation of railroads
14 from the right-of-way and at-grade crossing closures within
15 the Southwest Suburban area, or until the Authority
16 officially resolves that it is impossible or economically
17 unfeasible to fulfill that objective.
18 Section 15. Acquisition of property. The Authority has
19 the power to acquire by gift, purchase, or legacy the fee
20 simple title to real property located within the boundaries
21 of the Authority, including temporary and permanent
22 easements, as well as reversionary interests in the streets,
23 alleys, and other public places and personal property,
24 required for its purposes, and title thereto shall be taken
25 in the corporate name of the Authority. Any such property
26 that is already devoted to a public use may nevertheless be
27 acquired, provided that no property belonging to the United
28 States of America or the State of Illinois may be acquired
29 without the consent of that governmental unit. No property
30 devoted to a public use belonging to a corporation subject to
31 the jurisdiction of the Illinois Commerce Commission may be
32 acquired without a prior finding by the Illinois Commerce
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1 Commission that the taking would not result in the imposition
2 of an undue burden on intrastate commerce. All land and
3 appurtenances thereto, acquired or owned by the Authority,
4 are to be deemed acquired or owned for a public use or public
5 purpose.
6 Section 20. Sale or exchange of property. The Authority
7 has the power to sell, transfer, exchange, vacate, or assign
8 property acquired for the purposes of this Act as it deems
9 appropriate.
10 Section 25. Acceptance of grants, loans, and
11 appropriations. The Authority has the power to apply for and
12 accept grants, loans, advances, and appropriations from the
13 federal government and from the State of Illinois or any
14 agency or instrumentality thereof to be used for the purposes
15 of the Authority, and to enter into any agreement in relation
16 to the grants, loans, advances, and appropriations. The
17 Authority may also accept from the State, any State agency,
18 department, or commission, any county or other political
19 subdivision, any municipal corporation, any railroad, any
20 school authority, or jointly therefrom, grants of funds or
21 services for any of the purposes of this Act. The Authority
22 shall be treated as a rail carrier subject to the Illinois
23 Commerce Commission's jurisdiction and eligible to receive
24 money from the Grade Crossing Protection Fund or any fund of
25 the State or other source available for purposes of promoting
26 safety and separation of at-grade railroad crossings or
27 highway improvements.
28 Section 30. Borrowing money and issuance of bonds. The
29 Authority may incur debt and borrow money from time to time
30 and, in evidence thereof, may issue and sell bonds in any
31 amount or amounts that the Authority may determine, to
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1 provide funds for carrying out the purposes of this Act, and
2 to pay all costs and expenses incident thereto, and to refund
3 and refinance, from time to time, bonds so issued and sold,
4 as often as may be deemed to be advantageous by the
5 Authority.
6 Section 35. Taxing powers. The Authority may not levy
7 real property taxes for any purpose whatsoever.
8 Section 40. Board; compensation and expenses. The
9 Authority shall be governed by a 22-member board consisting
10 of the mayors or village presidents, or their designees, of
11 Chicago Ridge, Dolton, Burbank, Bedford Park, Worth, Tinley
12 Park, Orland Park, Palos Park, Crestwood, Riverdale, Harvey,
13 Oak Lawn, Dixmoor, Bridgeview, Alsip, Oak Forest, Midlothian,
14 Palos Heights, Evergreen Park, Posen, Blue Island, and
15 Merrionette Park. The office of Chair shall rotate annually
16 and shall represent each of the participating municipalities
17 until each one has served as Chair, upon which time the
18 office of Chair shall rotate back to the original
19 representative member. Each representative member shall take
20 and subscribe the constitutional oath of office and file it
21 with the Secretary of State. The members of the board shall
22 serve without compensation, but may be reimbursed for actual
23 expenses incurred by them in the performance of duties
24 prescribed by the Authority. However, any member of the
25 board who serves as secretary or treasurer may receive
26 compensation for services as that officer. Any of the 22
27 member municipalities may opt out of the Authority by a
28 majority vote of the corporate authorities of that
29 municipality. That municipality shall notify the Authority in
30 writing of its vote to opt out of the Authority.
31 Section 45. Organization; chair and temporary secretary.
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1 As soon as possible after the effective date of this Act, the
2 board shall organize for the transaction of business, select
3 a Chair and a temporary Secretary from its own number, and
4 adopt bylaws to govern its proceedings. The initial Chair
5 and successors shall be elected by the board from time to
6 time from among members. The board may act through its
7 members by entering into an agreement that a member act on
8 the board's behalf, in which instance the act or performance
9 directed shall be deemed to be exclusively of, for, and by
10 the board and not the individual act of the member or its
11 represented person.
12 Section 50. Meetings; quorum; resolutions. Regular
13 meetings of the board shall be held at least quarterly, the
14 time and place of those meetings to be fixed by the board.
15 Special meetings may be called by the Chair or by a majority
16 of the members of the board by giving notice thereof in
17 writing, stating the time, place, and purpose of the meeting.
18 The notice shall be served by special delivery letter
19 deposited in the mails at least 48 hours before the meeting.
20 A majority of the members of the board shall constitute a
21 quorum for the transaction of business. All action of the
22 board shall be by resolution and, except as otherwise
23 provided in this Act, the affirmative vote of at least a
24 majority shall be necessary for the adoption of any
25 resolution. The Chair shall be entitled to vote on any and
26 all matters coming before the board.
27 Section 55. Secretary and Treasurer; oaths; bond of
28 Treasurer. The board may appoint a Secretary and a
29 Treasurer, who need not be members of the board, to hold
30 office at the pleasure of the board, and fix their duties and
31 compensation. Before entering upon the duties of their
32 respective offices, they shall take and subscribe to the
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1 constitutional oath of office, and the Treasurer shall
2 execute a bond with corporate sureties to be approved by the
3 board. The bond shall be payable to the Authority in
4 whatever penal sum may be directed by the board conditioned
5 upon the faithful performance of the duties of the office and
6 the payment of all money received by the Treasurer according
7 to law and the orders of the board. The board may, at any
8 time, require a new bond for the Treasurer in any penal sum
9 that may then be determined by the board.
10 Section 60. Deposit and withdrawal of funds; signatures.
11 All funds deposited by the Treasurer in any bank or savings
12 and loan association shall be placed in the name of the
13 Authority and shall be withdrawn or paid out only by check or
14 draft upon the bank or savings and loan association, signed
15 by the Treasurer and countersigned by the Chair of the board.
16 Subject to prior approval of the designations by a majority
17 of the board, the Chair may designate any other member or any
18 officer of the Authority to affix the signature of the
19 Treasurer to any Authority check or draft for payment of
20 salaries or wages and for payment of any other obligation of
21 not more than $2,500.
22 No bank or savings and loan association shall receive
23 public funds as permitted by this Section unless it has
24 complied with the requirements established under Section 6 of
25 the Public Funds Investment Act.
26 Section 65. Delivery of check after executing officer
27 ceases to hold office. If any officer whose signature appears
28 upon any check or draft issued pursuant to this Act ceases to
29 hold office before the delivery of the check or draft to the
30 payee, the officer's signature nevertheless shall be valid
31 and sufficient for all purposes with the same effect as if
32 the officer had remained in office until delivery of the
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1 check or draft.
2 Section 70. Rules. The board may make all rules and
3 regulations proper or necessary and to carry into effect the
4 powers granted to it. The rules and regulations shall be
5 consistent with the guidelines, objectives, and project scope
6 as set out by the Illinois Commerce Commission.
7 Section 75. Fiscal year. The Authority shall designate
8 its fiscal year.
9 Section 80. Reports and financial statements. Within 60
10 days after the end of its fiscal year, the board shall cause
11 to be prepared by a certified public accountant a complete
12 and detailed report and financial statement of the operations
13 and assets and liabilities as relate to the projects
14 undertaken by the Authority. A reasonably sufficient number
15 of copies of the report shall be prepared for distribution to
16 persons interested, upon request, and a copy of the report
17 shall be filed with the Illinois Commerce Commission and with
18 the county clerk of Cook County.
19 Section 85. Construction. Nothing in this Act shall be
20 construed to confer upon the Authority the right, power, or
21 duty to order or enforce the abandonment of any present
22 property of the railroads or the use in substitution therefor
23 of any property acquired for the railroads in the absence of
24 a contract duly executed by the railroads and the Authority
25 setting forth the terms and conditions upon which relocation
26 of the right-of-way and physical facilities of the railroads
27 is to be accomplished. No such contract shall be or become
28 enforceable until the provisions of the contract have been
29 approved or authorized by the Illinois Commerce Commission.
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1 Section 90. Existing contracts, obligations, and
2 liabilities. No contract, obligation, or liability whatever
3 of the railroads to pay any money into the State treasury,
4 nor any lien of the State upon or right to tax property of
5 the railroads, shall be released, suspended, modified,
6 altered, remitted, or in any manner diminished or impaired by
7 the contract with the Authority, and any such charter
8 provisions applicable to the property on which the railroads
9 are now located shall be deemed in full force and effect with
10 respect to any property on which the railroads are relocated
11 in substitution therefor pursuant to the provisions of this
12 Act or any such contract with the Authority pursuant thereto.
13 Notwithstanding, upon order of the Illinois Commerce
14 Commission, the Authority shall succeed to and assume the
15 performance and actions of the represented persons under the
16 terms of the order and amending orders previously entered
17 relative to projects undertaken by the Authority and
18 consistent with the objectives of the Authority.
19 Section 95. Severability. The provisions of this Act
20 are severable under Section 1.31 of the Statute on Statutes.
21 Section 999. Effective date. This Act takes effect upon
22 becoming law.
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