093_HB2492eng

 
HB2492 Engrossed                     LRB093 10233 MKM 10487 b

 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 townships of Bloom, Thornton, Calumet, Bremen,
 7    Orland, Worth, and Palos. The  Authority  shall  continue  in
 8    existence  until  the  accomplishment  of  its objective, the
 9    relocation of railroad tracks  and  roadways  and  the  grade
10    separation  of  railroads  from the right-of-way and at-grade
11    crossing closures within the Southwest  Suburban  area,    or
12    until the Authority officially resolves that it is impossible
13    or economically unfeasible to fulfill that objective.

14        Section  15.  Acquisition of property.  The Authority has
15    the power to acquire by gift, purchase,  or  legacy  the  fee
16    simple  title  to real property located within the boundaries
17    of  the  Authority,   including   temporary   and   permanent
18    easements,  as well as reversionary interests in the streets,
19    alleys,  and  other  public  places  and  personal  property,
20    required for its purposes, and title thereto shall  be  taken
21    in  the  corporate  name of the Authority.  Any such property
22    that is already devoted to a public use may  nevertheless  be
23    acquired,  provided  that no property belonging to the United
24    States of America or the State of Illinois  may  be  acquired
25    without  the  consent of that governmental unit.  No property
26    devoted to a public use belonging to a corporation subject to
27    the jurisdiction of the Illinois Commerce Commission  may  be
28    acquired  without  a  prior  finding by the Illinois Commerce
29    Commission that the taking would not result in the imposition
30    of an undue burden on  intrastate  commerce.   All  land  and
31    appurtenances  thereto,  acquired  or owned by the Authority,
32    are to be deemed acquired or owned for a public use or public
 
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 1    purpose.

 2        Section 20.  Sale or exchange of property.  The Authority
 3    has the power to sell, transfer, exchange, vacate, or  assign
 4    property  acquired  for  the purposes of this Act as it deems
 5    appropriate.

 6        Section   25.  Acceptance   of   grants,    loans,    and
 7    appropriations.  The Authority has the power to apply for and
 8    accept  grants,  loans, advances, and appropriations from the
 9    federal government and from the  State  of  Illinois  or  any
10    agency or instrumentality thereof to be used for the purposes
11    of the Authority, and to enter into any agreement in relation
12    to  the  grants,  loans,  advances,  and appropriations.  The
13    Authority may also accept from the State, any  State  agency,
14    department,  or  commission,  any  county  or other political
15    subdivision, any municipal  corporation,  any  railroad,  any
16    school  authority,  or  jointly therefrom, grants of funds or
17    services for any of the purposes of this Act.  The  Authority
18    shall  be  treated  as a rail carrier subject to the Illinois
19    Commerce Commission's jurisdiction and  eligible  to  receive
20    money  from the Grade Crossing Protection Fund or any fund of
21    the State or other source available for purposes of promoting
22    safety and  separation  of  at-grade  railroad  crossings  or
23    highway improvements.

24        Section  30.  Taxing  powers.  The Authority may not levy
25    real property taxes for any purpose whatsoever.

26        Section  35.   Board;  compensation  and  expenses.   The
27    Authority shall be governed by a 5-member board consisting of
28    members appointed by the Governor with the advice and consent
29    of  the  Senate.  Each  member  shall  take and subscribe the
30    constitutional oath of office and file it with the  Secretary
 
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 1    of  State.  The  members  of  the  board  shall serve without
 2    compensation, but  may  be  reimbursed  for  actual  expenses
 3    incurred  by  them in the performance of duties prescribed by
 4    the Authority.  However, any member of the board  who  serves
 5    as  secretary  or  treasurer  may  receive  compensation  for
 6    services as that officer.

 7        Section 40.  Organization; chair and temporary secretary.
 8    As soon as possible after the effective date of this Act, the
 9    board  shall organize for the transaction of business, select
10    a Chair and a temporary Secretary from its  own  number,  and
11    adopt  bylaws  to  govern its proceedings.  The initial Chair
12    and successors shall be elected by the  board  from  time  to
13    time  from  among  members.   The  board  may act through its
14    members by entering into an agreement that a  member  act  on
15    the  board's behalf, in which instance the act or performance
16    directed shall be deemed to be exclusively of,  for,  and  by
17    the  board  and  not  the individual act of the member or its
18    represented person.

19        Section  45.  Meetings;  quorum;  resolutions.    Regular
20    meetings  of  the board shall be held at least quarterly, the
21    time and place of those meetings to be fixed  by  the  board.
22    Special  meetings may be called by the Chair or by a majority
23    of the members of the  board  by  giving  notice  thereof  in
24    writing, stating the time, place, and purpose of the meeting.
25    The  notice  shall  be  served  by  special  delivery  letter
26    deposited  in the mails at least 48 hours before the meeting.
27    A majority of the members of the  board  shall  constitute  a
28    quorum  for  the  transaction of business.  All action of the
29    board  shall  be  by  resolution  and,  except  as  otherwise
30    provided in this Act, the affirmative  vote  of  at  least  a
31    majority   shall   be  necessary  for  the  adoption  of  any
32    resolution.  The Chair shall be entitled to vote on  any  and
 
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 1    all matters coming before the board.

 2        Section  50.  Secretary  and  Treasurer;  oaths;  bond of
 3    Treasurer.   The  board  may  appoint  a  Secretary   and   a
 4    Treasurer,  who  need  not  be  members of the board, to hold
 5    office at the pleasure of the board, and fix their duties and
 6    compensation.  Before  entering  upon  the  duties  of  their
 7    respective  offices,  they  shall  take  and subscribe to the
 8    constitutional  oath  of  office,  and  the  Treasurer  shall
 9    execute a bond with corporate sureties to be approved by  the
10    board.   The  bond  shall  be  payable  to  the  Authority in
11    whatever penal sum may be directed by the  board  conditioned
12    upon the faithful performance of the duties of the office and
13    the  payment of all money received by the Treasurer according
14    to law and the orders of the board.  The board  may,  at  any
15    time,  require  a new bond for the Treasurer in any penal sum
16    that may then be determined by the board.

17        Section 55.  Deposit and withdrawal of funds; signatures.
18    All funds deposited by the Treasurer in any bank  or  savings
19    and  loan  association  shall  be  placed  in the name of the
20    Authority and shall be withdrawn or paid out only by check or
21    draft upon the bank or savings and loan  association,  signed
22    by the Treasurer and countersigned by the Chair of the board.
23    Subject  to  prior approval of the designations by a majority
24    of the board, the Chair may designate any other member or any
25    officer of the  Authority  to  affix  the  signature  of  the
26    Treasurer  to  any  Authority  check  or draft for payment of
27    salaries or wages and for payment of any other obligation  of
28    not more than $2,500.
29        No  bank  or  savings  and loan association shall receive
30    public funds as permitted  by  this  Section  unless  it  has
31    complied with the requirements established under Section 6 of
32    the Public Funds Investment Act.
 
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 1        Section  60.  Delivery  of  check after executing officer
 2    ceases to hold office. If any officer whose signature appears
 3    upon any check or draft issued pursuant to this Act ceases to
 4    hold office before the delivery of the check or draft to  the
 5    payee,  the  officer's  signature nevertheless shall be valid
 6    and sufficient for all purposes with the same  effect  as  if
 7    the  officer  had  remained  in  office until delivery of the
 8    check or draft.

 9        Section 65.  Rules.  The board may  make  all  rules  and
10    regulations  proper or necessary and to carry into effect the
11    powers granted to it.  The rules  and  regulations  shall  be
12    consistent with the guidelines, objectives, and project scope
13    as set out by the Illinois Commerce Commission.

14        Section  70.  Fiscal year.  The Authority shall designate
15    its fiscal year.

16        Section 75.  Reports and financial statements.  Within 60
17    days after the end of its fiscal year, the board shall  cause
18    to  be  prepared  by a certified public accountant a complete
19    and detailed report and financial statement of the operations
20    and  assets  and  liabilities  as  relate  to  the   projects
21    undertaken  by the Authority.  A reasonably sufficient number
22    of copies of the report shall be prepared for distribution to
23    persons interested, upon request, and a copy  of  the  report
24    shall be filed with the Illinois Commerce Commission and with
25    the county clerk of Cook County.

26        Section  80.  Construction.  Nothing in this Act shall be
27    construed to confer upon the Authority the right,  power,  or
28    duty  to  order  or  enforce  the  abandonment of any present
29    property of the railroads or the use in substitution therefor
30    of any property acquired for the railroads in the absence  of
 
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 1    a  contract  duly executed by the railroads and the Authority
 2    setting forth the terms and conditions upon which  relocation
 3    of  the right-of-way and physical facilities of the railroads
 4    is to be accomplished.  No such contract shall be  or  become
 5    enforceable  until  the  provisions of the contract have been
 6    approved or authorized by the Illinois Commerce Commission.

 7        Section   85.  Existing   contracts,   obligations,   and
 8    liabilities.  No contract, obligation, or liability  whatever
 9    of  the  railroads  to pay any money into the State treasury,
10    nor any lien of the State upon or right to  tax  property  of
11    the  railroads,   shall  be  released,  suspended,  modified,
12    altered, remitted, or in any manner diminished or impaired by
13    the  contract  with  the  Authority,  and  any  such  charter
14    provisions  applicable to the property on which the railroads
15    are now located shall be deemed in full force and effect with
16    respect to any property on which the railroads are  relocated
17    in  substitution  therefor pursuant to the provisions of this
18    Act or any such contract with the Authority pursuant thereto.
19    Notwithstanding,  upon  order  of   the   Illinois   Commerce
20    Commission,  the  Authority  shall  succeed to and assume the
21    performance and actions of the represented persons under  the
22    terms  of  the  order  and amending orders previously entered
23    relative  to  projects  undertaken  by  the   Authority   and
24    consistent with the objectives of the Authority.

25        Section  90.  Severability.   The  provisions of this Act
26    are severable under Section 1.31 of the Statute on Statutes.

27        Section 999.  Effective date.  This Act takes effect upon
28    becoming law.