Full Text of SB1409 98th General Assembly
SB1409ham002 98TH GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 5/31/2013
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| 1 | | AMENDMENT TO SENATE BILL 1409
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1409, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Elmwood Park Railroad Relocation Authority Act. | 7 | | Section 5. Definitions. As used in this Act:
| 8 | | "Authority" means the Elmwood Park Railroad Relocation | 9 | | Authority.
| 10 | | "Order" means any order entered by the Illinois Commerce | 11 | | Commission regarding railroad operations within the area of the | 12 | | Authority.
| 13 | | "Person" includes an individual, partnership, firm, public | 14 | | or private corporation, and government or unit of government.
| 15 | | "Railroads" means any railroads operating or owning | 16 | | trackage or right of way within the area of the Authority.
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| 1 | | Section 10. Legislative declaration. The General Assembly | 2 | | declares that the welfare, health, prosperity, and moral and | 3 | | general well being of the people of the State are, in large | 4 | | measure, dependent upon the sound and orderly development of | 5 | | municipal areas. The Village of Elmwood Park by reason of the | 6 | | location and its use for vehicular travel in access to the | 7 | | entire west metropolitan Chicago area, including | 8 | | municipalities in 2 counties, as well as commercial and | 9 | | industrial growth patterns and accessibility to O'Hare | 10 | | International Airport and massive freight related services, | 11 | | has become and will increasingly be the hub of transportation | 12 | | from all parts of the region and throughout the west | 13 | | metropolitan area. Motor vehicle traffic, pedestrian travel, | 14 | | and the safety of both motorists and pedestrians are | 15 | | substantially aggravated by the location of major railroad | 16 | | rights of way that divide the Village east from west and north | 17 | | from south. Those railroad rights of way have effectively | 18 | | impeded the development of highway usage and rights of way to | 19 | | further and enhance growth throughout the region. For the | 20 | | safety of the public it has been necessary to provide large | 21 | | numbers of protected crossings at great expense to the | 22 | | railroads, but often without complete safety to the public. The | 23 | | presence of the railroad rights of way at grade crossings | 24 | | within the Village is detrimental to the orderly expansion of | 25 | | industry and commerce and to progress of the region. To |
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| 1 | | alleviate this situation it is necessary to relocate the | 2 | | railroad tracks and right of way in Elmwood Park and to | 3 | | separate the grades at crossings and to acquire property for | 4 | | relocation or submergence of the railroad or highways and to | 5 | | create an agency to facilitate and accomplish that relocation. | 6 | | Section 15. Creation; duration. There is created a body | 7 | | politic and corporate, a unit of local government, styled | 8 | | Elmwood Park Railroad Relocation Authority embracing that | 9 | | portion of Leyden Township within the Village of Elmwood Park, | 10 | | Cook County, Illinois. The Authority shall continue in | 11 | | existence until the accomplishment of its objective, the | 12 | | relocation of the railroad tracks in Elmwood Park and the grade | 13 | | separation of railroads from the right of way in Elmwood Park | 14 | | and along with necessary, related improvement of right of way | 15 | | and at-grade crossing closures within the Village of Elmwood | 16 | | Park, or until the Authority officially resolves that it is | 17 | | impossible or economically unfeasible to fulfill that | 18 | | objective. | 19 | | Section 20. Procedural capacity; seal; office. The | 20 | | Authority may sue and be sued in its corporate name, but | 21 | | execution shall not in any case issue against any property of | 22 | | the Authority. The Authority shall be subject to the | 23 | | jurisdiction of the Illinois Commerce Commission. It may adopt | 24 | | a common seal and change the seal at pleasure. The principal |
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| 1 | | office of the Authority shall be in the Village of Elmwood | 2 | | Park, Illinois. | 3 | | The Authority may enter into contracts for the performance | 4 | | of its objectives, including agreements with other State | 5 | | entities and departments, as well as provide for the letting of | 6 | | construction contracts, consultant service agreements, | 7 | | professional and trade services, and other agreements | 8 | | consistent with the purposes and objectives of the Authority | 9 | | established by this Act. The Authority may accept | 10 | | jurisdictional transfer of public right-of-way for purposes of | 11 | | eliminating at-grade street and railroad crossings. | 12 | | Section 25. Acquisition of property. The Authority shall | 13 | | have the power to acquire by gift, purchase, legacy, or by the | 14 | | exercise of eminent domain the fee simple title to real | 15 | | property located within the boundaries of the Authority, | 16 | | including temporary and permanent easements, as well as | 17 | | reversionary interests in the streets, alleys and other public | 18 | | places and personal property, required for its purposes, and | 19 | | title thereto shall be taken in the corporate name of the | 20 | | Authority. Any such property which is already devoted to a | 21 | | public use may nevertheless be acquired, provided that no | 22 | | property belonging to the United States of America or the State | 23 | | of Illinois may be acquired without the consent of such | 24 | | governmental unit. No property devoted to a public use | 25 | | belonging to a corporation subject to the jurisdiction of the |
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| 1 | | Illinois Commerce Commission may be acquired without a prior | 2 | | finding by the Illinois Commerce Commission that the taking | 3 | | would not result in the imposition of an undue burden on | 4 | | intrastate commerce. Eminent domain proceedings shall be | 5 | | conducted in all respects in the manner provided for the | 6 | | exercise of the right of the eminent domain under the Eminent | 7 | | Domain Act. The Authority shall have "quick take" powers for a | 8 | | period of 3 years from the effective date of this Act and | 9 | | continuing for any actions commenced during the 3 years. No | 10 | | condemnation proceedings for the acquisition of new property | 11 | | shall be instituted without the prior concurrence of the | 12 | | effected Railroads in the route, width and title to be acquired | 13 | | thereby. All land and appurtenances thereto, acquired or owned | 14 | | by the Authority, are to be deemed acquired or owned for a | 15 | | public use or public purpose. | 16 | | Section 30. Eminent domain. Notwithstanding any other | 17 | | provision of this Act, any power granted under this Act to | 18 | | acquire property by condemnation or eminent domain is subject | 19 | | to, and shall be exercised in accordance with, the Eminent | 20 | | Domain Act. | 21 | | Section 35. Sale or exchange of property. The Authority | 22 | | shall have the power to sell, transfer, exchange, vacate or | 23 | | assign property acquired for the purposes of this Act as it | 24 | | shall deem appropriate. |
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| 1 | | Section 40. Acceptance of grants, loans, and | 2 | | appropriations. The Authority shall have the power to apply for | 3 | | and accept grants, loans, advances, and appropriations from the | 4 | | Federal Government and from the State of Illinois or any agency | 5 | | or instrumentality thereof to be used for the purposes of the | 6 | | Authority, and to enter into any agreement in relation to such | 7 | | grants, loans, advances and appropriations. The Authority may | 8 | | also accept from the State, any State agency, department or | 9 | | commission, any county or other political subdivision, any | 10 | | municipal corporation, any Railroads, school authorities, or | 11 | | jointly therefrom, grants of funds or services for any of the | 12 | | purposes of this Act. The Authority shall be treated as a rail | 13 | | carrier subject to the Illinois Commerce Commission's | 14 | | jurisdiction and eligible to receive money from the Grade | 15 | | Crossing Protection Fund or any fund of the State or other | 16 | | source available for purposes of promoting safety and | 17 | | separation of at-grade railroad crossings or highway | 18 | | improvements. | 19 | | Section 45. Borrowing money and issuance of bonds. The | 20 | | Authority may incur debt and borrow money from time to time | 21 | | and, in evidence thereof, may issue and sell bonds in such | 22 | | amount or amounts as the Authority may determine, to provide | 23 | | funds for carrying out the purposes of this Act, and to pay all | 24 | | costs and expenses incident thereto, and to refund and |
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| 1 | | refinance, from time to time, bonds so issued and sold, as | 2 | | often as may be deemed to be advantageous by the Authority. | 3 | | Section 50. Taxing powers. The Authority shall not have the | 4 | | power to levy real property taxes for any purpose whatsoever. | 5 | | Section 55. Board; composition; qualification; | 6 | | compensation and expenses. The Authority shall be governed by a | 7 | | board consisting of 5 members. The members of the Authority | 8 | | shall serve without compensation, but may be reimbursed for | 9 | | actual expenses incurred by them in the performance of duties | 10 | | prescribed by the Authority. However, any member of the | 11 | | Authority who serves as Secretary or Treasurer may receive | 12 | | compensation for services as that officer. | 13 | | Section 60. Appointments; tenure; oaths; vacancies. The | 14 | | members of the Authority shall be appointed by the Governor who | 15 | | shall give notice of the member's selection to each other | 16 | | member within 10 days after selection and before entering upon | 17 | | the duties of office. Each representative member of the | 18 | | Authority shall take and subscribe to the constitutional oath | 19 | | of office and file it with the Secretary of State. If a vacancy | 20 | | occurs by death, resignation or otherwise, the vacancy shall be | 21 | | filled by the appropriate selecting party. All appointments of | 22 | | members shall be for a 3 year term. |
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| 1 | | Section 65. Removal of members. The Governor may remove | 2 | | from office any Authority member immediately in case of | 3 | | incompetency, neglect of duty or malfeasance of office or | 4 | | otherwise upon 15 days written notice to the other members. | 5 | | Absence from any 3 consecutive regular meetings of the | 6 | | Authority shall be deemed neglect of duty. | 7 | | Section 70. Organization; chair and temporary Secretary. | 8 | | As soon as possible after the appointment of the initial | 9 | | members, the Authority shall organize for the transaction of | 10 | | business, select a Chair and a temporary Secretary from its own | 11 | | number, and adopt bylaws to govern its proceedings. The initial | 12 | | Chair and successors shall be elected by the Authority from | 13 | | time to time from among members. The Authority may act through | 14 | | its members by entering into an agreement that a member act on | 15 | | the Authority's behalf, in which instance the act or | 16 | | performance directed shall be deemed to be exclusively of, for, | 17 | | and by the Authority and not the individual act of the member | 18 | | or its represented person. | 19 | | Section 75. Meetings; quorum; resolutions. Regular | 20 | | meetings of the Authority shall be held at least quarterly, the | 21 | | time and place of those meetings to be fixed by the Authority. | 22 | | Special meetings may be called by the Chair or by any 3 members | 23 | | of the Authority by giving notice thereof in writing, stating | 24 | | the time, place, and purpose of the meeting. The notice shall |
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| 1 | | be served by special delivery letter deposited in the mails at | 2 | | least 48 hours before the meeting. A majority of the members of | 3 | | the Authority shall constitute a quorum for the transaction of | 4 | | business. All action of the Authority shall be by resolution | 5 | | and, except as otherwise provided in this Act, the affirmative | 6 | | vote of at least a majority shall be necessary for the adoption | 7 | | of any resolution. The Chair shall be entitled to vote on any | 8 | | and all matters coming before the Authority. | 9 | | Section 80. Secretary and Treasurer; oaths; bond of | 10 | | Treasurer. The Authority may appoint a Secretary and a | 11 | | Treasurer, who need not be members of the Authority, to hold | 12 | | office during the pleasure of the Authority, and fix their | 13 | | duties and compensation. Before entering upon the duties of | 14 | | their respective offices, they shall take and subscribe to the | 15 | | constitutional oath of office, and the Treasurer shall execute | 16 | | a bond with corporate sureties to be approved by the Authority. | 17 | | The bond shall be payable to the Authority in whatever penal | 18 | | sum may be directed by the Authority conditioned upon the | 19 | | faithful performance of the duties of the office and the | 20 | | payment of all money received by the Treasurer according to law | 21 | | and the orders of the Authority. The Authority may, at any | 22 | | time, require a new bond for the Treasurer in such penal sum as | 23 | | may then be determined by the Authority. | 24 | | Section 85. Deposit and withdrawal of funds; signatures. |
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| 1 | | All funds deposited by the Treasurer in any bank or savings and | 2 | | loan association shall be placed in the name of the Authority | 3 | | and shall be withdrawn or paid out only by check or draft upon | 4 | | the bank or savings and loan association, signed by the | 5 | | Treasurer and countersigned by the Chair of the Authority. | 6 | | Subject to prior approval of the designations by a majority of | 7 | | the Authority, the Chair may designate any other member or any | 8 | | officer of the Authority to affix the signature of the | 9 | | Treasurer to any Authority check or draft for payment of | 10 | | salaries or wages and for payment of any other obligation of | 11 | | not more than $2,500.
| 12 | | No bank or savings and loan association shall receive | 13 | | public funds as permitted by this Section unless it has | 14 | | complied with the requirements established under Section 6 of | 15 | | the Public Funds Investment Act.
| 16 | | Section 90. Delivery of check after executing officer | 17 | | ceases to hold office. If any officer whose signature appears | 18 | | upon any check or draft issued pursuant to this Act ceases to | 19 | | hold office before the delivery of the check or draft to the | 20 | | payee, the officer's signature nevertheless shall be valid and | 21 | | sufficient for all purposes with the same effect as if the | 22 | | officer had remained in office until delivery of the check or | 23 | | draft. | 24 | | Section 95. Rules. The Authority may make all rules and |
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| 1 | | regulations proper or necessary and to carry into effect the | 2 | | powers granted to it. The rules and regulations shall be | 3 | | consistent with the guidelines, objectives, and project scope | 4 | | as set out by the Illinois Commerce Commission. | 5 | | Section 100. Fiscal year. The Authority shall designate its | 6 | | fiscal year. | 7 | | Section 105. Reports and financial statements. Within 60 | 8 | | days after the end of its fiscal year, the Authority shall | 9 | | cause to be prepared by a certified public accountant a | 10 | | complete and detailed report and financial statement of the | 11 | | operations and assets and liabilities as relate to the Elmwood | 12 | | Park railroad grade separation project. A reasonably | 13 | | sufficient number of copies of the report shall be prepared for | 14 | | distribution to persons interested, upon request, and a copy of | 15 | | the report shall be filed with the Illinois Commerce Commission | 16 | | and with the county clerk of Cook County. | 17 | | Section 110. Construction. Nothing in this Act shall be | 18 | | construed to confer upon the Authority the right, power, or | 19 | | duty to order or enforce the abandonment of any present | 20 | | property of the railroads or the use in substitution therefor | 21 | | of any property acquired for the railroads in the absence of a | 22 | | contract duly executed by the railroads and the Authority | 23 | | setting forth the terms and conditions upon which relocation of |
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| 1 | | the right of way and physical facilities of the railroads is to | 2 | | be accomplished. No such contract shall be or become | 3 | | enforceable until the provisions of the contract have been | 4 | | approved or authorized by the Illinois Commerce Commission. | 5 | | Section 115. Existing contracts, obligations, and | 6 | | liabilities. No contract, obligation, or liability whatever of | 7 | | the railroads to pay any money into the State treasury, nor any | 8 | | lien of the State upon or right to tax property of the | 9 | | railroads, shall be released, suspended, modified, altered, | 10 | | remitted, or in any manner diminished or impaired by the | 11 | | contract with the Authority, and any such charter provisions | 12 | | applicable to the property on which the railroads are now | 13 | | located shall be deemed in full force and effect with respect | 14 | | to any property on which the railroads are relocated in | 15 | | substitution therefor pursuant to the provisions of this Act or | 16 | | any such contract with the Authority pursuant thereto. | 17 | | Notwithstanding, upon order of the Illinois Commerce | 18 | | Commission, the Authority shall succeed to and assume the | 19 | | performance and actions of the represented persons under the | 20 | | terms of the order and amending orders previously entered | 21 | | relative to the Elmwood Park railroad grade separation project | 22 | | and consistent with the objectives of the Authority. | 23 | | Section 120. Severability. The provisions of this Act are | 24 | | severable under Section 1.31 of the Statute on Statutes.
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| 1 | | Section 999. Effective date. This Act takes effect upon | 2 | | becoming law.".
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