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92_SB0400eng SB400 Engrossed LRB9207500MWdv 1 AN ACT concerning railroad relocation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. 5 Section 1-1. Short title. This Article may be cited as 6 the Southwest Suburban Railroad Redevelopment Authority Law. 7 Section 1-5. 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 SB400 Engrossed -2- LRB9207500MWdv 1 railroad or highways, to create an agency to facilitate and 2 accomplish that relocation, and to direct infrastructure and 3 development improvements in the Southwest Suburban area. 4 Section 1-10. Creation; duration. There is created a 5 body politic and corporate, a unit of local government, named 6 the Southwest Suburban Railroad Redevelopment Authority, 7 embracing the municipalities of Chicago Ridge, Burbank, 8 Bedford Park, Worth, Lansing, Glenwood, Chicago Heights, 9 Robbins, Markham, Tinley Park, Orland Park, Palos Park, 10 Crestwood, Dolton, Riverdale, Harvey, Oak Lawn, Dixmoor, 11 Bridgeview, Alsip, Oak Forest, Midlothian, Palos Heights, 12 Evergreen Park, Posen, Blue Island, and Merrionette Park. 13 The Authority shall continue in existence until the 14 accomplishment of its objective, the relocation of railroad 15 tracks and roadways and the grade separation of railroads 16 from the right-of-way and at-grade crossing closures within 17 the Southwest Suburban area, or until the Authority 18 officially resolves that it is impossible or economically 19 unfeasible to fulfill that objective. 20 Section 1-15. Acquisition of property. The Authority 21 has the power to acquire by gift, purchase, or legacy the fee 22 simple title to real property located within the boundaries 23 of the Authority, including temporary and permanent 24 easements, as well as reversionary interests in the streets, 25 alleys, and other public places and personal property, 26 required for its purposes, and title thereto shall be taken 27 in the corporate name of the Authority. Any such property 28 that is already devoted to a public use may nevertheless be 29 acquired, provided that no property belonging to the United 30 States of America or the State of Illinois may be acquired 31 without the consent of that governmental unit. No property 32 devoted to a public use belonging to a corporation subject to SB400 Engrossed -3- LRB9207500MWdv 1 the jurisdiction of the Illinois Commerce Commission may be 2 acquired without a prior finding by the Illinois Commerce 3 Commission that the taking would not result in the imposition 4 of an undue burden on intrastate commerce. All land and 5 appurtenances thereto, acquired or owned by the Authority, 6 are to be deemed acquired or owned for a public use or public 7 purpose. 8 Section 1-20. Sale or exchange of property. The 9 Authority has the power to sell, transfer, exchange, vacate, 10 or assign property acquired for the purposes of this Article 11 as it deems appropriate. 12 Section 1-25. Acceptance of grants, loans, and 13 appropriations. The Authority has the power to apply for and 14 accept grants, loans, advances, and appropriations from the 15 federal government and from the State of Illinois or any 16 agency or instrumentality thereof to be used for the purposes 17 of the Authority, and to enter into any agreement in relation 18 to the grants, loans, advances, and appropriations. The 19 Authority may also accept from the State, any State agency, 20 department, or commission, any county or other political 21 subdivision, any municipal corporation, any railroad, any 22 school authority, or jointly therefrom, grants of funds or 23 services for any of the purposes of this Article. The 24 Authority shall be treated as a rail carrier subject to the 25 Illinois Commerce Commission's jurisdiction and eligible to 26 receive money from the Grade Crossing Protection Fund or any 27 fund of the State or other source available for purposes of 28 promoting safety and separation of at-grade railroad 29 crossings or highway improvements. 30 Section 1-30. Taxing powers. The Authority may not levy 31 real property taxes for any purpose whatsoever. SB400 Engrossed -4- LRB9207500MWdv 1 Section 1-35. Board; compensation and expenses. The 2 Authority shall be governed by a 28-member board consisting 3 of the mayors or village presidents, or their designees, of 4 Chicago Ridge, Dolton, Burbank, Bedford Park, Worth, Lansing, 5 Glenwood, Chicago Heights, Robbins, Markham, Tinley Park, 6 Orland Park, Palos Park, Crestwood, Riverdale, Harvey, Oak 7 Lawn, Dixmoor, Bridgeview, Alsip, Oak Forest, Midlothian, 8 Palos Heights, Evergreen Park, Posen, Blue Island, and 9 Merrionette Park and the Chairman of Commuter Rail Board 10 (created by the Regional Transportation Authority) or his or 11 her designee. The office of Chair shall rotate annually and 12 shall represent each of the participating municipalities 13 until each one has served as Chair, upon which time the 14 office of Chair shall rotate back to the original 15 representative member. Each representative member shall take 16 and subscribe the constitutional oath of office and file it 17 with the Secretary of State. The members of the board shall 18 serve without compensation, but may be reimbursed for actual 19 expenses incurred by them in the performance of duties 20 prescribed by the Authority. However, any member of the 21 board who serves as secretary or treasurer may receive 22 compensation for services as that officer. Any of the 27 23 member municipalities may opt out of the Authority by a 24 majority vote of the corporate authorities of that 25 municipality. That municipality shall notify the Authority in 26 writing of its vote to opt out of the Authority. 27 Section 1-40. Organization; chair and temporary 28 secretary. As soon as possible after the effective date of 29 this Act, the board shall organize for the transaction of 30 business, select a Chair and a temporary Secretary from its 31 own number, and adopt bylaws to govern its proceedings. The 32 initial Chair and successors shall be elected by the board 33 from time to time from among members. The board may act SB400 Engrossed -5- LRB9207500MWdv 1 through its members by entering into an agreement that a 2 member act on the board's behalf, in which instance the act 3 or performance directed shall be deemed to be exclusively of, 4 for, and by the board and not the individual act of the 5 member or its represented person. 6 Section 1-45. Meetings; quorum; resolutions. Regular 7 meetings of the board shall be held at least quarterly, the 8 time and place of those meetings to be fixed by the board. 9 Special meetings may be called by the Chair or by a majority 10 of the members of the board by giving notice thereof in 11 writing, stating the time, place, and purpose of the meeting. 12 The notice shall be served by special delivery letter 13 deposited in the mails at least 48 hours before the meeting. 14 A majority of the members of the board shall constitute a 15 quorum for the transaction of business. All action of the 16 board shall be by resolution and, except as otherwise 17 provided in this Article, the affirmative vote of at least a 18 majority shall be necessary for the adoption of any 19 resolution. The Chair shall be entitled to vote on any and 20 all matters coming before the board. 21 Section 1-50. Secretary and Treasurer; oaths; bond of 22 Treasurer. The board may appoint a Secretary and a 23 Treasurer, who need not be members of the board, to hold 24 office at the pleasure of the board, and fix their duties and 25 compensation. Before entering upon the duties of their 26 respective offices, they shall take and subscribe to the 27 constitutional oath of office, and the Treasurer shall 28 execute a bond with corporate sureties to be approved by the 29 board. The bond shall be payable to the Authority in 30 whatever penal sum may be directed by the board conditioned 31 upon the faithful performance of the duties of the office and 32 the payment of all money received by the Treasurer according SB400 Engrossed -6- LRB9207500MWdv 1 to law and the orders of the board. The board may, at any 2 time, require a new bond for the Treasurer in any penal sum 3 that may then be determined by the board. 4 Section 1-55. Deposit and withdrawal of funds; 5 signatures. All funds deposited by the Treasurer in any bank 6 or savings and loan association shall be placed in the name 7 of the Authority and shall be withdrawn or paid out only by 8 check or draft upon the bank or savings and loan association, 9 signed by the Treasurer and countersigned by the Chair of the 10 board. Subject to prior approval of the designations by a 11 majority of the board, the Chair may designate any other 12 member or any officer of the Authority to affix the signature 13 of the Treasurer to any Authority check or draft for payment 14 of salaries or wages and for payment of any other obligation 15 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 1-60. 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 Article 23 ceases to hold office before the delivery of the check or 24 draft to the payee, the officer's signature nevertheless 25 shall be valid and sufficient for all purposes with the same 26 effect as if the officer had remained in office until 27 delivery of the check or draft. 28 Section 1-65. Rules. The board 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 SB400 Engrossed -7- LRB9207500MWdv 1 as set out by the Illinois Commerce Commission. 2 Section 1-70. Fiscal year. The Authority shall 3 designate its fiscal year. 4 Section 1-75. Reports and financial statements. Within 5 60 days after the end of its fiscal year, the board 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 9 projects undertaken by the Authority. 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 1-80. Construction. Nothing in this Article 15 shall be construed to confer upon the Authority the right, 16 power, or duty to order or enforce the abandonment of any 17 present property of the railroads or the use in substitution 18 therefor of any property acquired for the railroads in the 19 absence of a contract duly executed by the railroads and the 20 Authority setting forth the terms and conditions upon which 21 relocation of the right-of-way and physical facilities of the 22 railroads is to be accomplished. No such contract shall be 23 or become enforceable until the provisions of the contract 24 have been approved or authorized by the Illinois Commerce 25 Commission. 26 Section 1-85. Existing contracts, obligations, and 27 liabilities. No contract, obligation, or liability whatever 28 of the railroads to pay any money into the State treasury, 29 nor any lien of the State upon or right to tax property of 30 the railroads, shall be released, suspended, modified, SB400 Engrossed -8- LRB9207500MWdv 1 altered, remitted, or in any manner diminished or impaired by 2 the contract with the Authority, and any such charter 3 provisions applicable to the property on which the railroads 4 are now located shall be deemed in full force and effect with 5 respect to any property on which the railroads are relocated 6 in substitution therefor pursuant to the provisions of this 7 Article or any such contract with the Authority pursuant 8 thereto. Notwithstanding, upon order of the Illinois 9 Commerce Commission, the Authority shall succeed to and 10 assume the performance and actions of the represented persons 11 under the terms of the order and amending orders previously 12 entered relative to projects undertaken by the Authority and 13 consistent with the objectives of the Authority. 14 Section 1-90. Severability. The provisions of this Act 15 are severable under Section 1.31 of the Statute on Statutes. 16 ARTICLE 5. 17 Section 5-1. Short title. This Article may be cited as 18 the Dixon Railroad Relocation Authority Law. 19 Section 5-5. Legislative declaration. The General 20 Assembly declares that the welfare, health, prosperity, and 21 moral and general well-being of the people of the State are, 22 in large measure, dependent upon the sound and orderly 23 development of municipal areas. The City of Dixon has become 24 and will increasingly be the hub of transportation from all 25 parts of the region. Motor vehicle traffic, pedestrian 26 travel, and the safety of both motorists and pedestrians are 27 substantially aggravated by the location of a railroad spur 28 line running through the City of Dixon. The presence of the 29 railroad spur line in the City of Dixon is detrimental to the 30 orderly expansion of industry and commerce and to progress of 31 the region. To alleviate this situation it is necessary to SB400 Engrossed -9- LRB9207500MWdv 1 relocate the railroad, to acquire property for relocation of 2 the railroad or highways, and to create an agency to 3 facilitate and accomplish that relocation. 4 Section 5-10. Creation; duration. There is created a 5 body politic and corporate and a unit of local government 6 named the Dixon Railroad Relocation Authority, embracing Lee 7 County. The Authority shall continue in existence until the 8 accomplishment of its objective, the relocation of the 9 railroad spur line running through the City of Dixon or until 10 the Authority officially resolves that it is impossible or 11 economically unfeasible to fulfill that objective. 12 Section 5-15. Acquisition of property. The Authority 13 shall have the power to acquire by gift, purchase, or legacy 14 the fee simple title to real property located within the 15 boundaries of the Authority, including temporary and 16 permanent easements, as well as reversionary interests in the 17 streets, alleys and other public places and personal 18 property, required for its purposes, and title thereto shall 19 be taken in the corporate name of the Authority. Any such 20 property that is already devoted to a public use may 21 nevertheless be acquired, provided that no property belonging 22 to the United States of America or the State of Illinois may 23 be acquired without the consent of such governmental unit. 24 No property devoted to a public use belonging to a 25 corporation subject to the jurisdiction of the Illinois 26 Commerce Commission may be acquired without a prior finding 27 by the Illinois Commerce Commission that the taking would not 28 result in the imposition of an undue burden on instrastate 29 commerce. All land and appurtenances thereto, acquired or 30 owned by the Authority, are to be deemed acquired or owned 31 for a public use or public purpose. SB400 Engrossed -10- LRB9207500MWdv 1 Section 5-20. Sale or exchange of property. The 2 Authority shall have the power to sell, transfer, exchange, 3 vacate or assign property acquired for the purposes of this 4 Act as it shall deem appropriate. 5 Section 5-25. Acceptance of grants, loans, and 6 appropriations. The Authority shall have the power to apply 7 for and accept grants, loans, advances, and appropriations 8 from the Federal Government and from the State of Illinois or 9 any agency or instrumentality thereof to be used for the 10 purposes of the Authority, and to enter into any agreement in 11 relation to such grants, loans, advances, and appropriations. 12 The Authority may also accept from the State, any State 13 agency, department or commission, any county or other 14 political subdivision, any municipal corporation, any 15 railroad, or any school authorities, or jointly therefrom, 16 grants of funds or services for any of the purposes of this 17 Article. The Authority shall be treated as a rail carrier 18 subject to the Illinois Commerce Commission's jurisdiction 19 and eligible to receive money from the Grade Crossing 20 Protection Fund or any fund of the State or other source 21 available for purposes of promoting safety and separation of 22 at-grade railroad crossings or highway improvements. 23 Section 5-30. Borrowing money and issuance of bonds. 24 The Authority may incur debt and borrow money from time to 25 time and, in evidence thereof, may issue and sell bonds in 26 such amounts as the Authority may determine, to provide funds 27 for carrying out the purposes of this Article and to pay all 28 costs and expenses incident thereto, and to refund and 29 refinance, from time to time, bonds so issued and sold, as 30 often as may be deemed to be advantageous by the Authority. 31 Section 5-35. Taxing powers. The Authority shall not SB400 Engrossed -11- LRB9207500MWdv 1 have the power to levy real property taxes for any purpose 2 whatsoever. 3 Section 5-40. Board; composition; qualification; 4 compensation and expenses. The Authority shall be governed 5 by a board consisting of 5 members. The members of the 6 Authority shall serve without compensation, but may be 7 reimbursed for actual expenses incurred by them in the 8 performance of duties prescribed by the Authority. However, 9 any member of the Authority who serves as secretary or 10 treasurer may receive compensation for services as that 11 officer. 12 Section 5-45. Appointments; tenure; oaths; vacancies. 13 The members of the Authority shall be appointed by the 14 Governor, who shall give notice of the member's selection to 15 each other member within 10 days after selection and before 16 the member's entering upon the duties of office. Three of 17 the members shall be appointed by the Governor from a list of 18 4 candidates provided by the mayor of the City of Dixon, and 19 2 of the members shall be appointed by the Governor from a 20 list of 3 candidates provided by the chairman of the county 21 board of Lee County. Each member of the Authority shall take 22 and subscribe to the constitutional oath of office and file 23 it with the Secretary of State. If a vacancy occurs by 24 death, resignation, or otherwise, the vacancy shall be filled 25 by the Governor. All appointments of members shall be for a 26 3-year term. Each member shall continue to serve an 27 additional 3-year term unless that member is replaced by 28 appointment within 60 days of the end of his or her term. 29 Section 5-50. Removal of members. The Governor may 30 remove from office any Authority member immediately in case 31 of incompetency, neglect of duty, or malfeasance of office, SB400 Engrossed -12- LRB9207500MWdv 1 or otherwise upon 15 days written notice to the other 2 members. Absence from any 3 consecutive regular meetings of 3 the Authority shall be deemed neglect of duty. 4 Section 5-55. Organization; chairperson and temporary 5 Secretary. As soon as possible after the appointment of the 6 initial members, the Authority shall organize for the 7 transaction of business, select a chairperson and a temporary 8 secretary from its own number, and adopt bylaws to govern its 9 proceedings. The initial chairperson and successors shall be 10 elected by the Authority from time to time from among the 11 members. The Authority may act through its members by 12 entering into an agreement that a member act on the 13 Authority's behalf, in which instance the act or performance 14 directed shall be deemed to be exclusively of, for, and by 15 the Authority and not the individual act of the member or its 16 represented person. 17 Section 5-60. Meetings; quorum; resolutions. Regular 18 meetings of the Authority shall be held at least quarterly, 19 the time and place of those meetings to be fixed by the 20 Authority. Special meetings may be called by the chairperson 21 or by any 3 members of the Authority by giving notice thereof 22 in writing, stating the time, place, and purpose of the 23 meeting. The notice shall be served by special delivery 24 letter deposited in the mail at least 48 hours before the 25 meeting. A majority of the members of the Authority shall 26 constitute a quorum for the transaction of business. All 27 action of the Authority shall be by resolution and, except as 28 otherwise provided in this Article, the affirmative vote of 29 at least a majority shall be necessary for the adoption of 30 any resolution. The chairperson shall be entitled to vote on 31 any and all matters coming before the Authority. SB400 Engrossed -13- LRB9207500MWdv 1 Section 5-65. Secretary and treasurer; oaths; bond of 2 treasurer. The Authority may appoint a secretary and a 3 treasurer, who need not be members of the Authority, to hold 4 office during the pleasure of the Authority, and fix their 5 duties and compensation. Before entering upon the duties of 6 their respective offices, they shall take and subscribe to 7 the constitutional oath of office, and the treasurer shall 8 execute a bond with corporate sureties to be approved by the 9 Authority. The bond shall be payable to the Authority in 10 whatever penal sum may be directed by the Authority 11 conditioned upon the faithful performance of the duties of 12 the office and the payment of all money received by the 13 treasurer according to law and the orders of the Authority. 14 The Authority may, at any time, require a new bond for the 15 treasurer in such penal sum as may then be determined by the 16 Authority. 17 Section 5-70. Deposit and withdrawal of funds; 18 signatures. All funds deposited by the treasurer in any bank 19 or savings and loan association shall be placed in the name 20 of the Authority and shall be withdrawn or paid out only by 21 check or draft upon the bank or savings and loan association, 22 signed by the treasurer and countersigned by the chairperson 23 of the Authority. Subject to prior approval of the 24 designations by a majority of the Authority, the chairperson 25 may designate any other member or any officer of the 26 Authority to affix the signature of the treasurer to any 27 Authority check or draft for payment of salaries or wages and 28 for payment of any other obligation of 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. SB400 Engrossed -14- LRB9207500MWdv 1 Section 5-75. 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 Article 4 ceases to hold office before the delivery of the check or 5 draft to the payee, the officer's signature nevertheless 6 shall be valid and sufficient for all purposes with the same 7 effect as if the officer had remained in office until 8 delivery of the check or draft. 9 Section 5-80. Rules. The Authority may make all rules 10 proper or necessary to carry into effect the powers granted 11 to it. The rules shall be consistent with the guidelines, 12 objectives, and project scope as set out by the Illinois 13 Commerce Commission. 14 Section 5-85. Fiscal year. The Authority shall 15 designate its fiscal year. 16 Section 5-90. Reports and financial statements. Within 17 60 days after the end of its fiscal year, the Authority shall 18 cause to be prepared by a certified public accountant a 19 complete and detailed report and financial statement of the 20 operations and assets and liabilities as relate to the Dixon 21 railroad relocation project. 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 Lee County. 26 Section 5-95. Construction. Nothing in this Article 27 shall be construed to confer upon the Authority the right, 28 power, or duty to order or enforce the abandonment of any 29 present property of the railroads or the use in substitution 30 therefor of any property acquired for the railroads in the SB400 Engrossed -15- LRB9207500MWdv 1 absence of a contract duly executed by the railroads and the 2 Authority setting forth the terms and conditions upon which 3 relocation of the right of way and physical facilities of the 4 railroads is to be accomplished. No such contract shall be 5 or become enforceable until the provisions of the contract 6 have been approved or authorized by the Illinois Commerce 7 Commission. 8 Section 5-100. Existing contracts, obligations, and 9 liabilities. No contract, obligation, or liability whatever 10 of the railroads to pay any money into the State treasury, 11 nor any lien of the State upon or right to tax property of 12 the railroads, shall be released, suspended, modified, 13 altered, remitted, or in any manner diminished or impaired by 14 the contract with the Authority, and any such charter 15 provisions applicable to the property on which the railroads 16 are now located shall be deemed in full force and effect with 17 respect to any property on which the railroads are relocated 18 in substitution therefor pursuant to the provisions of this 19 Act or any such contract with the Authority pursuant thereto. 20 Notwithstanding, upon order of the Illinois Commerce 21 Commission, the Authority shall succeed to and assume the 22 performance and actions of the represented persons under the 23 terms of the order and amending orders previously entered 24 relative to the Dixon railroad relocation project and 25 consistent with the objectives of the Authority. 26 Section 5-105. Severability. The provisions of this Act 27 are severable under Section 1.31 of the Statute on Statutes. 28 ARTICLE 10. 29 Section 10-5. The 25th Avenue Railroad Relocation and 30 Development Authority Act is amended by changing the title of SB400 Engrossed -16- LRB9207500MWdv 1 the Act and Sections 1, 5, 10, 40, 45, 60, and 90 as follows: 2 (70 ILCS 1920/Act title) 3 An Act creating the West Cook25th AvenueRailroad 4 Relocation and Redevelopment Authority. 5 (70 ILCS 1920/1) 6 Sec. 1. Short title. This Act may be cited as the West 7 Cook25th AvenueRailroad Relocation and Development 8 Authority Act. 9 (Source: P.A. 91-562, eff. 8-14-99.) 10 (70 ILCS 1920/5) 11 Sec. 5. Legislative declaration. The General Assembly 12 declares that the welfare, health, prosperity, and moral and 13 general well being of the people of the State are, in large 14 measure, dependent upon the sound and orderly development of 15 municipal areas. The Village of Bellwood, the Village of 16 Maywood, and the Village of Melrose Park, by reason of the 17 location therein of 25th Avenue and the First Avenue vicinity 18 between Lake Street on the North, Oak Street on the South, 19 the Des Plaines River on the East, and Fifth Avenue on the 20 West and theiritsuse for vehicular travel in access to the 21 entire west metropolitan Chicago area, including 22 municipalities in 2 counties, as well as commercial and 23 industrial growth patterns and accessibility to O'Hare 24 International Airport, Midway Airport, manufacturing, and 25 freight related facilities, have become and will increasingly 26 be the hub of transportation from all parts of the region and 27 throughout the west metropolitan area. Motor vehicle 28 traffic, pedestrian travel, and the safety of both motorists 29 and pedestrians are substantially aggravated by the location 30 of a major railroad right of way that divides the Village of 31 Bellwood and the Village of Melrose Park. Additionally, SB400 Engrossed -17- LRB9207500MWdv 1 certain development opportunities may exist in the project 2 area that would stabilize and enhance the tax base of 3 existing communities, maintain and revitalize existing 4 commerce and industry, create opportunities for intersurface 5 modal transportation efficiencies, and promote comprehensive 6 planning within and between communities. The presence of the 7 railroad right of way at the 25th Avenue grade crossing is 8 detrimental to the orderly expansion of industry and commerce 9 and to progress of the region. To alleviate this situation 10 it is necessary to relocate the railroad tracks and right of 11 way on 25th Avenue and First Avenue, to separate the grades 12 at crossingscrossing, to acquire property for relocation or 13 submergence of the railroad or highways, to create an agency 14 to facilitate and accomplish that relocation, and to direct 15 infrastructure and development improvements in the 25th 16 Avenue vicinity between St. Charles Road and Lake Street and 17 the First Avenue vicinity between Lake Street on the North, 18 Oak Street on the South, the Des Plaines River on the East, 19 and Fifth Avenue on the West. 20 Additionally, certain development opportunities may exist 21 in the West Cook County region from Harlem Avenue on the East 22 to I-294 on the West and from Grand Avenue on the North to 23 31st Street on the South that would stabilize and enhance the 24 tax base of existing communities, maintain and revitalize 25 existing commerce and industry, create opportunities for 26 modal transportation efficiencies, and promote comprehensive 27 planning within and between communities. 28 (Source: P.A. 91-562, eff. 8-14-99.) 29 (70 ILCS 1920/10) 30 Sec. 10. Creation; duration. There is created a body 31 politic and corporate, a unit of local government, named the 32 West Cook25th AvenueRailroad Relocation and Development 33 Authority, embracing that portion of Proviso Township SB400 Engrossed -18- LRB9207500MWdv 1 embracing that portion of the Village of Bellwood and the 2 Village of Melrose Park from St. Charles Road on the South to 3 Lake Street on the North, and from the Indiana Harbor Belt 4 Railroad on the West to 22nd Avenue on the East, Cook County, 5 Illinois and the Village of Maywood, Cook County, Illinois. 6 The Authority shall continue in existence until the 7 accomplishment of its objective, the relocation of the 8 railroad tracks and 25th Avenue, the grade separation of 9 railroads from the right of way and at-grade crossing 10 closures within the Village of Bellwood and the Village of 11 Melrose Park, the grade separation of railroads from the 12 right-of-way and at grade crossing in the First Avenue 13 vicinity between Lake Street, Oak Street, the Des Plaines 14 River, and Fifth Avenue, and the establishment of a 15 transit-oriented intersurface modal development facility in 16 the project area, or until the Authority officially resolves 17 that it is impossible or economically unfeasible to fulfill 18 that objective. 19 (Source: P.A. 91-562, eff. 8-14-99.) 20 (70 ILCS 1920/40) 21 Sec. 40. Board; composition; qualification; compensation 22 and expenses. The Authority shall be governed by a board 23 consisting of 75members. The members of the Authority 24 shall serve without compensation, but may be reimbursed for 25 actual expenses incurred by them in the performance of duties 26 prescribed by the Authority. However, any member of the 27 Authority who serves as secretary or treasurer may receive 28 compensation for services as that officer. 29 (Source: P.A. 91-562, eff. 8-14-99.) 30 (70 ILCS 1920/45) 31 Sec. 45. Appointments; tenure; oaths; vacancies. The 32 members of the Authority shall be appointed by the Governor, SB400 Engrossed -19- LRB9207500MWdv 1 who shall give notice of the member's selection to each other 2 member within 10 days after selection and before the member's 3 entering upon the duties of office. Two of the members shall 4 be recommended to the Governor from a list of 3 candidates 5 provided by the village president of the Village of Bellwood, 6 2 of the members shall be recommended to the Governor from a 7 list of 3 candidates provided by the village president of the 8 Village of Maywood, and 2 of the members shall be recommended 9 to the Governor from a list of 3 candidates provided by the 10 village president of the Village of Melrose Park. The office 11 of chairman shall rotate annually and shall represent the 12 Village of Bellwood, the Village of Melrose Park, the Village 13 of Maywood, and the Governor's appointments, respectively, 14 for each of the 3 years of the term of office. Each 15 representative member of the Authority shall take and 16 subscribe to the constitutional oath of office and file it 17 with the Secretary of State. If a vacancy occurs by death, 18 resignation, or otherwise, the vacancy shall be filled by the 19 appropriate selecting party. All appointments of members 20 shall be for a 3-year term. Each member shall continue to 21 serve an additional 3-year term unless that member is 22 replaced by appointment within 60 days of the end of his or 23 her term. 24 (Source: P.A. 91-562, eff. 8-14-99.) 25 (70 ILCS 1920/60) 26 Sec. 60. Meetings; quorum; resolutions. Regular 27 meetings of the Authority shall be held at least quarterly, 28 the time and place of those meetings to be fixed by the 29 Authority. Special meetings may be called by the Chair or by 30 any 43members of the Authority by giving notice thereof in 31 writing, stating the time, place, and purpose of the meeting. 32 The notice shall be served by special delivery letter 33 deposited in the mails at least 48 hours before the meeting. SB400 Engrossed -20- LRB9207500MWdv 1 A majority of the members of the Authority shall constitute a 2 quorum for the transaction of business. All action of the 3 Authority shall be by resolution and, except as otherwise 4 provided in this Act, the affirmative vote of at least a 5 majority shall be necessary for the adoption of any 6 resolution. The Chair shall be entitled to vote on any and 7 all matters coming before the Authority. 8 (Source: P.A. 91-562, eff. 8-14-99.) 9 (70 ILCS 1920/90) 10 Sec. 90. Reports and financial statements. Within 60 11 days after the end of its fiscal year, the Authority shall 12 cause to be prepared by a certified public accountant a 13 complete and detailed report and financial statement of the 14 operations and assets and liabilities as relate to the 25th 15 Avenue railroad grade separation project and the First Avenue 16 railroad grade separation project. A reasonably sufficient 17 number of copies of the report shall be prepared for 18 distribution to persons interested, upon request, and a copy 19 of the report shall be filed with the Illinois Commerce 20 Commission and with the county clerk of Cook County. 21 (Source: P.A. 91-562, eff. 8-14-99.) 22 Section 1-90. Effective date. This Act takes effect 23 upon becoming law.