Full Text of SB1409 98th General Assembly
SB1409ham004 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 Grade Separation Authority Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Authority" means the Elmwood Park Grade Separation | 9 | | Authority.
| 10 | | "Person" includes an individual, partnership, firm, public | 11 | | or private corporation, and government or unit of government. | 12 | | "Railroad" or "Railroads" means the Canadian Pacific | 13 | | Railway and other railroads operating or owning trackage or | 14 | | right-of-way within the area of the Authority. | 15 | | "Village" means the Village of Elmwood Park. |
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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 there of Grand Avenue and its use for vehicular travel | 7 | | in access to the entire west metropolitan Chicago area, | 8 | | including municipalities in 2 counties, as well as commercial | 9 | | and industrial growth patterns and accessibility to O'Hare | 10 | | International Airport, manufacturing and freight related | 11 | | services, has become and will increasingly be the hub of | 12 | | transportation from all parts of the region and throughout the | 13 | | west metropolitan area. Motor vehicle traffic, pedestrian | 14 | | travel, and the safety of both motorists and pedestrians are | 15 | | substantially aggravated by the location of a major railroad | 16 | | right-of-way that divides the Village into north and south | 17 | | halves. The presence of the railroad right-of-way has | 18 | | effectively impeded the development of highway usage and | 19 | | rights-of-way and is detrimental to the orderly expansion of | 20 | | industry and commerce and to progress throughout the region. | 21 | | Additionally, the railroad grade crossing located on Grand | 22 | | Avenue within the Village of Elmwood Park has posed a | 23 | | significant safety hazard to the public. The Illinois Commerce | 24 | | Commission Collision History illustrates that there have been 8 | 25 | | fatalities and 29 injuries since 1956 at the railroad grade | 26 | | crossing located on Grand Avenue within the Village. The |
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| 1 | | presence of the railroad right-of-way at grade crossing within | 2 | | the Village is detrimental to the safety of the public, as well | 3 | | as to the orderly expansion of industry and commerce and to | 4 | | progress of the region. To alleviate this situation, it is | 5 | | necessary to separate the grade crossing on Grand Avenue within | 6 | | the Village, to relocate the railroad tracks and right-of-way, | 7 | | and to acquire property for separation of the railroad or | 8 | | highway and to create an agency to facilitate and accomplish | 9 | | that grade separation. | 10 | | Section 15. Creation; duration; termination of the | 11 | | Authority. There is created a body politic and corporate, a | 12 | | unit of local government, named the Elmwood Park Grade | 13 | | Separation Authority that embraces that portion of Leyden | 14 | | Township within the Village of Elmwood Park, Cook County, | 15 | | Illinois. The Authority shall continue in existence until the | 16 | | accomplishment of its objectives or until the Authority | 17 | | officials resolve that it is impossible or economically | 18 | | unfeasible to fulfill its objectives. Objectives of the | 19 | | Authority include the grade separation of railroad tracks from | 20 | | the right-of-way of Grand Avenue in the Village of Elmwood | 21 | | Park, the relocation of railroad tracks and roadway to | 22 | | facilitate the grade separation, and other necessary, related | 23 | | improvements to the right-of-way and at-grade crossing closure | 24 | | within the Village of Elmwood Park. The Authority shall be | 25 | | dissolved upon its voluntary termination or 6 months after the |
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| 1 | | first use of the railway on the grade separation structure by a | 2 | | Railroad. Upon termination or dissolution of the Authority | 3 | | after the construction of the grade separation project, the | 4 | | Department of Transportation shall own and maintain the grade | 5 | | separation structure and the Canadian Pacific Railway Company | 6 | | shall own and maintain the railway along the grade separation | 7 | | structure. | 8 | | Section 20. Procedural capacity; seal; office. The | 9 | | Authority may sue and be sued in its corporate name, but | 10 | | execution shall not in any case issue against any property of | 11 | | the Authority. The Authority shall be subject to the | 12 | | jurisdiction of the Illinois Commerce Commission. It may adopt | 13 | | a common seal and change the seal at pleasure. The principal | 14 | | office of the Authority shall be in the Village of Elmwood | 15 | | Park, Illinois. | 16 | | The Authority may enter into contracts for the performance | 17 | | of its objectives, including agreements with other State | 18 | | entities and departments, as well as provide for the letting of | 19 | | construction contracts, consultant service agreements, | 20 | | professional and trade services, and other agreements | 21 | | consistent with the purposes and objectives of the Authority | 22 | | established by this Act. The Authority may accept | 23 | | jurisdictional transfer of public right-of-way for purposes of | 24 | | eliminating at-grade street and railroad crossings. |
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| 1 | | Section 25. Acquisition of property. The Authority shall | 2 | | have the power to acquire by gift, purchase, legacy, or by the | 3 | | exercise of eminent domain the fee simple title to real | 4 | | property located within the boundaries of the Authority, | 5 | | including temporary and permanent easements, as well as | 6 | | reversionary interests in the streets, alleys, and other public | 7 | | places and personal property, required for its purposes, and | 8 | | title thereto shall be taken in the corporate name of the | 9 | | Authority. Any such property that is already devoted to a | 10 | | public use may nevertheless be acquired, provided that no | 11 | | property belonging to the United States of America or the State | 12 | | of Illinois may be acquired without the consent of such | 13 | | governmental unit. No property devoted to a public use | 14 | | belonging to a corporation subject to the jurisdiction of the | 15 | | Illinois Commerce Commission may be acquired without a prior | 16 | | finding by the Illinois Commerce Commission that the taking | 17 | | would not result in the imposition of an undue burden on | 18 | | intrastate commerce. Eminent domain proceedings shall be | 19 | | conducted in all respects in the manner provided for the | 20 | | exercise of the right of the eminent domain under the Eminent | 21 | | Domain Act. No condemnation proceedings for the acquisition of | 22 | | new property shall be instituted without the prior concurrence | 23 | | of the affected Railroads in the route, width and title to be | 24 | | acquired thereby. Consistent with the Land Acquisition and | 25 | | Procedures Manual prepared by the Department of Transportation | 26 | | and updated through October 23, 2012, when a railroad company |
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| 1 | | owns the fee title to its operating right-of-way and such | 2 | | property is acquired by the Authority to construct a grade | 3 | | separation facility, no compensation of any kind shall be made | 4 | | to the railroad to construct a grade separation facility where | 5 | | an existing highway crossing is eliminated; however, | 6 | | consideration shall be given if the size of the acquisition is | 7 | | different than the original right-of-way. All land and | 8 | | appurtenances thereto, acquired or owned by the Authority, are | 9 | | to be deemed acquired or owned for a public use or public | 10 | | purpose. | 11 | | Section 30. Sale or exchange of property. The Authority | 12 | | has the power to sell, transfer, exchange, vacate, or assign | 13 | | property acquired for the purposes of this Act, as it deems | 14 | | appropriate. | 15 | | Section 35. Acceptance of grants, loans, and | 16 | | appropriations. The Authority has the power to apply for and | 17 | | accept grants, loans, advances, and appropriations from the | 18 | | federal government and from the State of Illinois, or any | 19 | | agency or instrumentality thereof, to be used for the purposes | 20 | | of the Authority, and to enter into any agreement in relation | 21 | | to such grants, loans, advances, and appropriations. The | 22 | | Authority may also accept from the State, or any State agency, | 23 | | department, or commission, any county or other political | 24 | | subdivision, any municipal corporation, any Railroads, school |
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| 1 | | authorities, or jointly therefrom, grants of funds or services | 2 | | for any of the purposes of this Act. The Authority shall be | 3 | | treated as a rail carrier subject to the Illinois Commerce | 4 | | Commission's jurisdiction and eligible to receive money from | 5 | | the Grade Crossing Protection Fund, any fund of the State, or | 6 | | other source available for purposes of promoting safety and | 7 | | separation of at-grade railroad crossings or highway | 8 | | improvements. | 9 | | The Illinois Commerce Commission Crossing Safety | 10 | | Improvement Program FY 2014-2018 Plan shall be revised to | 11 | | include this Authority's grade separation project as one of the | 12 | | bridge projects contemplated for FY 2015 through FY 2018, and | 13 | | funds from the Grade Crossing Protection Fund shall be | 14 | | allocated in the FY 2015 through FY 2018 Plan for said grade | 15 | | separation project. No Order of the Illinois Commerce | 16 | | Commission shall be effective or binding on the Authority to | 17 | | construct the grade separation project unless the federal | 18 | | government, the State of Illinois, or any agency or | 19 | | instrumentality thereof has granted or appropriated sufficient | 20 | | funds for the construction of the grade separation project and | 21 | | the Authority is in receipt of those funds. Notwithstanding, | 22 | | the Illinois Commerce Commission shall not withhold approval of | 23 | | the construction of the Authority's grade separation project or | 24 | | the issuance of any Orders that authorize the construction of | 25 | | the Authority's grade separation project. |
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| 1 | | Section 40. Borrowing money and issuance of bonds. The | 2 | | Authority may incur debt and borrow money from time to time | 3 | | and, in evidence thereof, may issue and sell bonds in such | 4 | | amount or amounts as the Authority may determine in order to | 5 | | provide funds for carrying out the purposes of this Act and to | 6 | | pay all costs and expenses incident thereto. The Authority may | 7 | | refund and refinance, from time to time, bonds so issued and | 8 | | sold, as often as may be deemed to be advantageous by the | 9 | | Authority. | 10 | | Section 45. Taxing powers. The Authority may not levy real | 11 | | property taxes for any purpose whatsoever. | 12 | | Section 50. Board; composition; qualification; | 13 | | compensation and expenses. The Authority shall be governed by | 14 | | a 9-member board consisting of members appointed by the | 15 | | Governor with the advice and consent of the Senate. Five | 16 | | members shall be voting members and 4 members shall be | 17 | | non-voting members. The voting members shall consist of the | 18 | | following: | 19 | | (1) two former public officials who served within the | 20 | | Township of Leyden or the Village of Elmwood Park and | 21 | | recommended to the Governor by the Village President of the | 22 | | Village of Elmwood Park; | 23 | | (2) two prior employees of Canadian Pacific Railway | 24 | | with management experience; and |
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| 1 | | (3) one resident of the Township of Leyden or the | 2 | | Village of Elmwood Park. | 3 | | The non-voting members shall consist of the following: | 4 | | (1) the Village President of the Village of Elmwood | 5 | | Park; | 6 | | (2) one current employee of Canadian Pacific Railway | 7 | | with management experience; | 8 | | (3) one current employee of Northeast Illinois | 9 | | Regional Commuter Railroad Corporation with management | 10 | | experience; and | 11 | | (4) one current employee of the Department of | 12 | | Transportation with management experience. | 13 | | The members of the board shall serve without compensation, | 14 | | but may be reimbursed for actual expenses incurred by them in | 15 | | the performance of their duties prescribed by the Authority. | 16 | | However, any member of the board who serves as secretary or | 17 | | treasurer may receive compensation for services as that | 18 | | officer. | 19 | | Section 55. Removal of members. The Governor may remove | 20 | | from office any board member immediately in case of | 21 | | incompetency, neglect of duty or malfeasance of office, or | 22 | | otherwise upon 15 days written notice to the other members. | 23 | | Absence from any 3 consecutive regular meetings of the board | 24 | | shall be deemed neglect of duty. |
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| 1 | | Section 60. Organization; chair and temporary secretary. | 2 | | As soon as possible after the effective date of this amendatory | 3 | | Act of the 98th General Assembly, the board shall organize for | 4 | | the transaction of business, select a chair from its voting | 5 | | members and a temporary secretary from its own number, and | 6 | | adopt bylaws to govern its proceedings. The initial chair and | 7 | | successors shall be elected by the board from time to time from | 8 | | among members. The Authority may act through its board members | 9 | | by entering into an agreement that a member act on the | 10 | | Authority's behalf, in which instance the act or performance | 11 | | directed shall be deemed to be exclusively of, for, and by the | 12 | | Authority and not the individual act of the member or its | 13 | | represented person. | 14 | | Section 65. Meetings; quorum; resolutions. Regular | 15 | | meetings of the board shall be held at least quarterly, the | 16 | | time and place of those meetings to be fixed by the board. | 17 | | Special meetings may be called by the chair or by a majority of | 18 | | the members of the board by giving notice in writing that | 19 | | states the time, place, and purpose of the meeting. Notice of | 20 | | special meetings shall be served by special delivery letter | 21 | | deposited in the mail at least 48 hours before the meeting. A | 22 | | majority of the members of the board shall constitute a quorum | 23 | | for the transaction of business. All action of the Authority | 24 | | shall be by resolution of the board and, except as otherwise | 25 | | provided in this Act, the affirmative vote of at least a |
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| 1 | | majority shall be necessary for the adoption of any resolution. | 2 | | The chair shall be entitled to vote on any and all matters | 3 | | coming before the board. | 4 | | Section 70. Secretary and treasurer; oaths; bond of | 5 | | treasurer. The board may appoint a secretary and a treasurer, | 6 | | who need not be members of the board, to hold office during the | 7 | | pleasure of the Authority and fix their duties and | 8 | | compensation. Before entering into the duties of their | 9 | | respective offices, they shall take and subscribe to the | 10 | | constitutional oath of office, and the treasurer shall execute | 11 | | a bond with corporate sureties to be approved by the Authority. | 12 | | The bond shall be payable to the Authority in whatever penal | 13 | | sum may be directed by the board, conditioned upon the faithful | 14 | | performance of the duties of the office and the payment of all | 15 | | money received by the treasurer according to law and the orders | 16 | | of the Authority. The Authority may, at any time, require a new | 17 | | bond for the treasurer in such penal sum as may then be | 18 | | determined by the board. | 19 | | Section 75. Deposit and withdrawal of funds; signatures. | 20 | | All funds deposited by the treasurer in any bank or savings and | 21 | | loan association shall be placed in the name of the Authority | 22 | | and shall be withdrawn or paid out only by check or draft upon | 23 | | the bank or savings and loan association, signed by the | 24 | | treasurer and countersigned by the chair of the board. Subject |
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| 1 | | to prior approval of the designations by a majority of the | 2 | | board, the chair may designate any other member or any officer | 3 | | of the Authority to affix the signature of the treasurer to any | 4 | | Authority check or draft for payment of salaries or wages and | 5 | | for payment of any other obligation of not more than $2,500. | 6 | | No bank or savings and loan association shall receive | 7 | | public funds as permitted by this Section unless it has | 8 | | complied with the requirements established under Section 6 of | 9 | | the Public Funds Investment Act. | 10 | | Section 80. Delivery of check after executing officer | 11 | | ceases to hold office. If any officer whose signature appears | 12 | | upon any check or draft issued pursuant to this Act ceases to | 13 | | hold office before the delivery of the check or draft to the | 14 | | payee, the officer's signature nevertheless shall be valid and | 15 | | sufficient for all purposes with the same effect as if the | 16 | | officer had remained in office until delivery of the check or | 17 | | draft. | 18 | | Section 85. Rules. The Authority may make and the board | 19 | | may adopt all rules and regulations proper or necessary and to | 20 | | carry into effect the powers granted to it. The rules and | 21 | | regulations shall be consistent with the guidelines, | 22 | | objectives, and project scope as set out by the Illinois | 23 | | Commerce Commission. |
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| 1 | | Section 90. Fiscal year. The Authority shall designate its | 2 | | fiscal year. | 3 | | Section 95. Reports and financial statements. Within 60 | 4 | | days after the end of its fiscal year, the Authority shall | 5 | | cause to be prepared by a certified public accountant a | 6 | | complete and detailed report and financial statement of the | 7 | | operations and assets and liabilities as relate to the Elmwood | 8 | | Park Grade Separation Authority railroad grade separation | 9 | | project. A reasonably sufficient number of copies of the report | 10 | | shall be prepared for distribution to persons interested, upon | 11 | | request, and a copy of the report shall be filed with the | 12 | | Illinois Commerce Commission and with the county clerk of Cook | 13 | | County. | 14 | | Section 100. 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 a | 19 | | contract duly executed by the railroads and the Authority | 20 | | setting forth the terms and conditions upon which relocation of | 21 | | the right-of-way and physical facilities of the railroads is to | 22 | | 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. |
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| 1 | | Any construction improvements to signaling or any other | 2 | | aspect of the grade separation project dictated by the Railroad | 3 | | or the Northeast Illinois Regional Commuter Railroad | 4 | | Corporation shall be paid for respectively by the Railroad or | 5 | | the Northeast Illinois Regional Commuter Railroad Corporation. | 6 | | The Railroad or the Northeast Illinois Regional Commuter | 7 | | Railroad Corporation, or both, shall specifically pay any and | 8 | | all costs associated with any upgrades to the railway. | 9 | | Section 105. Existing contracts, obligations, and | 10 | | liabilities. No contract, obligation, or liability whatever of | 11 | | the railroads to pay any money into the State treasury, nor any | 12 | | lien of the State upon or right to tax property of the | 13 | | railroads, shall be released, suspended, modified, altered, | 14 | | remitted, or in any manner diminished or impaired by the | 15 | | contract with the Authority, and any such charter provisions | 16 | | applicable to the property on which the railroads are now | 17 | | located shall be deemed in full force and effect with respect | 18 | | to any property on which the railroads are relocated in | 19 | | substitution therefor pursuant to the provisions of this Act or | 20 | | any such contract with the Authority pursuant thereto. | 21 | | Notwithstanding, upon order of the Illinois Commerce | 22 | | Commission, the Authority shall succeed to and assume the | 23 | | performance and actions of the represented persons under the | 24 | | terms of the order and amending orders previously entered | 25 | | relative to the Elmwood Park Grade Separation Authority project |
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| 1 | | undertaken by the Authority and consistent with the objectives | 2 | | of the Authority. | 3 | | Section 110. Severability. The provisions of this Act are | 4 | | severable under Section 1.31 of the Statute on Statutes. | 5 | | Section 120. The Eminent Domain Act is amended by adding | 6 | | Section 15-5-47 as follows: | 7 | | (735 ILCS 30/15-5-47 new) | 8 | | Sec. 15-5-47. Eminent domain powers in new Acts. The | 9 | | following provisions of law may include express grants of the | 10 | | power to acquire property by condemnation or eminent domain: | 11 | | The Elmwood Park Grade Separation Authority Act; Elmwood Park | 12 | | Grade Separation Authority; for general purposes.
| 13 | | Section 999. Effective date. This Act takes effect upon | 14 | | becoming law.".
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