[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_SB0400sam001 LRB9207500MWsbam 1 AMENDMENT TO SENATE BILL 400 2 AMENDMENT NO. . Amend Senate Bill 400 by replacing 3 the title with the following: 4 "AN ACT concerning railroad relocation."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "ARTICLE 1. 8 Section 1-1. Short title. This Article may be cited as 9 the Southwest Suburban Railroad Redevelopment Authority Law. 10 Section 1-5. Legislative declaration. The General 11 Assembly declares that the welfare, health, prosperity, and 12 moral and general well-being of the people of the State are, 13 in large measure, dependent upon the sound and orderly 14 development of municipal areas. The Southwest Suburban area, 15 by reason of the location therein of vital roadways and their 16 use for vehicular travel in access to the entire southwest 17 metropolitan Chicago area, as well as commercial and 18 industrial growth patterns and accessibility to manufacturing 19 and freight-related facilities, have become and will 20 increasingly be the hub of transportation from all parts of 21 the region and throughout the southwest metropolitan area. -2- LRB9207500MWsbam 1 Motor vehicle traffic, pedestrian travel, and the safety of 2 both motorists and pedestrians are substantially aggravated 3 by the location of railroad grade crossings. Additionally, 4 certain development opportunities may exist in the project 5 area that would stabilize and enhance the tax base of 6 existing communities, maintain and revitalize existing 7 commerce and industry, and promote comprehensive planning 8 within and between communities. The presence of the railroad 9 grade crossings are detrimental to the orderly expansion of 10 industry and commerce and to progress of the region. To 11 alleviate this situation it is necessary to relocate the 12 railroad tracks, to separate the grades at crossing, to 13 acquire property for relocation or submergence of the 14 railroad or highways, to create an agency to facilitate and 15 accomplish that relocation, and to direct infrastructure and 16 development improvements in the Southwest Suburban area. 17 Section 1-10. Creation; duration. There is created a 18 body politic and corporate, a unit of local government, named 19 the Southwest Suburban Railroad Redevelopment Authority, 20 embracing the municipalities of Chicago Ridge, Burbank, 21 Bedford Park, Worth, Lansing, Glenwood, Chicago Heights, 22 Robbins, Markham, Tinley Park, Orland Park, Palos Park, 23 Crestwood, Dolton, Riverdale, Harvey, Oak Lawn, Dixmoor, 24 Bridgeview, Alsip, Oak Forest, Midlothian, Palos Heights, 25 Evergreen Park, Posen, Blue Island, and Merrionette Park. 26 The Authority shall continue in existence until the 27 accomplishment of its objective, the relocation of railroad 28 tracks and roadways and the grade separation of railroads 29 from the right-of-way and at-grade crossing closures within 30 the Southwest Suburban area, or until the Authority 31 officially resolves that it is impossible or economically 32 unfeasible to fulfill that objective. -3- LRB9207500MWsbam 1 Section 1-15. Acquisition of property. The Authority 2 has the power to acquire by gift, purchase, or legacy the fee 3 simple title to real property located within the boundaries 4 of the Authority, including temporary and permanent 5 easements, as well as reversionary interests in the streets, 6 alleys, and other public places and personal property, 7 required for its purposes, and title thereto shall be taken 8 in the corporate name of the Authority. Any such property 9 that is already devoted to a public use may nevertheless be 10 acquired, provided that no property belonging to the United 11 States of America or the State of Illinois may be acquired 12 without the consent of that governmental unit. No property 13 devoted to a public use belonging to a corporation subject to 14 the jurisdiction of the Illinois Commerce Commission may be 15 acquired without a prior finding by the Illinois Commerce 16 Commission that the taking would not result in the imposition 17 of an undue burden on intrastate commerce. All land and 18 appurtenances thereto, acquired or owned by the Authority, 19 are to be deemed acquired or owned for a public use or public 20 purpose. 21 Section 1-20. Sale or exchange of property. The 22 Authority has the power to sell, transfer, exchange, vacate, 23 or assign property acquired for the purposes of this Article 24 as it deems appropriate. 25 Section 1-25. Acceptance of grants, loans, and 26 appropriations. The Authority has the power to apply for and 27 accept grants, loans, advances, and appropriations from the 28 federal government and from the State of Illinois or any 29 agency or instrumentality thereof to be used for the purposes 30 of the Authority, and to enter into any agreement in relation 31 to the grants, loans, advances, and appropriations. The 32 Authority may also accept from the State, any State agency, -4- LRB9207500MWsbam 1 department, or commission, any county or other political 2 subdivision, any municipal corporation, any railroad, any 3 school authority, or jointly therefrom, grants of funds or 4 services for any of the purposes of this Article. The 5 Authority shall be treated as a rail carrier subject to the 6 Illinois Commerce Commission's jurisdiction and eligible to 7 receive money from the Grade Crossing Protection Fund or any 8 fund of the State or other source available for purposes of 9 promoting safety and separation of at-grade railroad 10 crossings or highway improvements. 11 Section 1-30. Taxing powers. The Authority may not levy 12 real property taxes for any purpose whatsoever. 13 Section 1-35. Board; compensation and expenses. The 14 Authority shall be governed by a 28-member board consisting 15 of the mayors or village presidents, or their designees, of 16 Chicago Ridge, Dolton, Burbank, Bedford Park, Worth, Lansing, 17 Glenwood, Chicago Heights, Robbins, Markham, Tinley Park, 18 Orland Park, Palos Park, Crestwood, Riverdale, Harvey, Oak 19 Lawn, Dixmoor, Bridgeview, Alsip, Oak Forest, Midlothian, 20 Palos Heights, Evergreen Park, Posen, Blue Island, and 21 Merrionette Park and the Chairman of Commuter Rail Board 22 (created by the Regional Transportation Authority) or his or 23 her designee. The office of Chair shall rotate annually and 24 shall represent each of the participating municipalities 25 until each one has served as Chair, upon which time the 26 office of Chair shall rotate back to the original 27 representative member. Each representative member shall take 28 and subscribe the constitutional oath of office and file it 29 with the Secretary of State. The members of the board shall 30 serve without compensation, but may be reimbursed for actual 31 expenses incurred by them in the performance of duties 32 prescribed by the Authority. However, any member of the -5- LRB9207500MWsbam 1 board who serves as secretary or treasurer may receive 2 compensation for services as that officer. Any of the 27 3 member municipalities may opt out of the Authority by a 4 majority vote of the corporate authorities of that 5 municipality. That municipality shall notify the Authority in 6 writing of its vote to opt out of the Authority. 7 Section 1-40. Organization; chair and temporary 8 secretary. As soon as possible after the effective date of 9 this Act, the board shall organize for the transaction of 10 business, select a Chair and a temporary Secretary from its 11 own number, and adopt bylaws to govern its proceedings. The 12 initial Chair and successors shall be elected by the board 13 from time to time from among members. The board may act 14 through its members by entering into an agreement that a 15 member act on the board's behalf, in which instance the act 16 or performance directed shall be deemed to be exclusively of, 17 for, and by the board and not the individual act of the 18 member or its represented person. 19 Section 1-45. 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 Article, 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 -6- LRB9207500MWsbam 1 all matters coming before the board. 2 Section 1-50. 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 1-55. 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 Chair of the 23 board. Subject to prior approval of the designations by a 24 majority of the board, the Chair may designate any other 25 member or any officer of the Authority to affix the signature 26 of the Treasurer to any Authority check or draft for payment 27 of salaries or wages and for payment of any other obligation 28 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. -7- LRB9207500MWsbam 1 Section 1-60. 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 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 1-65. 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 1-70. Fiscal year. The Authority shall 15 designate its fiscal year. 16 Section 1-75. Reports and financial statements. Within 17 60 days after the end of its fiscal year, the board 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 21 projects undertaken by the Authority. A reasonably 22 sufficient number of copies of the report shall be prepared 23 for distribution to persons interested, upon request, and a 24 copy of the report shall be filed with the Illinois Commerce 25 Commission and with the county clerk of Cook County. 26 Section 1-80. 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 -8- LRB9207500MWsbam 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 1-85. 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 Article or any such contract with the Authority pursuant 20 thereto. Notwithstanding, upon order of the Illinois 21 Commerce Commission, the Authority shall succeed to and 22 assume the performance and actions of the represented persons 23 under the terms of the order and amending orders previously 24 entered relative to projects undertaken by the Authority and 25 consistent with the objectives of the Authority. 26 Section 1-90. Severability. The provisions of this Act 27 are severable under Section 1.31 of the Statute on Statutes. 28 ARTICLE 5. 29 Section 5-1. Short title. This Article may be cited as 30 the Dixon Railroad Relocation Authority Law. -9- LRB9207500MWsbam 1 Section 5-5. Legislative declaration. The General 2 Assembly declares that the welfare, health, prosperity, and 3 moral and general well being of the people of the State are, 4 in large measure, dependent upon the sound and orderly 5 development of municipal areas. The City of Dixon has become 6 and will increasingly be the hub of transportation from all 7 parts of the region. Motor vehicle traffic, pedestrian 8 travel, and the safety of both motorists and pedestrians are 9 substantially aggravated by the location of a railroad spur 10 line running through the City of Dixon. The presence of the 11 railroad spur line in the City of Dixon is detrimental to the 12 orderly expansion of industry and commerce and to progress of 13 the region. To alleviate this situation it is necessary to 14 relocate the railroad, to acquire property for relocation of 15 the railroad or highways, and to create an agency to 16 facilitate and accomplish that relocation. 17 Section 5-10. Creation; duration. There is created a 18 body politic and corporate and a unit of local government 19 named the Dixon Railroad Relocation Authority, embracing Lee 20 County. The Authority shall continue in existence until the 21 accomplishment of its objective, the relocation of the 22 railroad spur line running through the City of Dixon or until 23 the Authority officially resolves that it is impossible or 24 economically unfeasible to fulfill that objective. 25 Section 5-15. Acquisition of property. The Authority 26 shall have the power to acquire by gift, purchase, or legacy 27 the fee simple title to real property located within the 28 boundaries of the Authority, including temporary and 29 permanent easements, as well as reversionary interests in the 30 streets, alleys and other public places and personal 31 property, required for its purposes, and title thereto shall 32 be taken in the corporate name of the Authority. Any such -10- LRB9207500MWsbam 1 property that is already devoted to a public use may 2 nevertheless be acquired, provided that no property belonging 3 to the United States of America or the State of Illinois may 4 be acquired without the consent of such governmental unit. 5 No property devoted to a public use belonging to a 6 corporation subject to the jurisdiction of the Illinois 7 Commerce Commission may be acquired without a prior finding 8 by the Illinois Commerce Commission that the taking would not 9 result in the imposition of an undue burden on instrastate 10 commerce. All land and appurtenances thereto, acquired or 11 owned by the Authority, are to be deemed acquired or owned 12 for a public use or public purpose. 13 Section 5-20. Sale or exchange of property. The 14 Authority shall have the power to sell, transfer, exchange, 15 vacate or assign property acquired for the purposes of this 16 Act as it shall deem appropriate. 17 Section 5-25. Acceptance of grants, loans, and 18 appropriations. The Authority shall have the power to apply 19 for and accept grants, loans, advances, and appropriations 20 from the Federal Government and from the State of Illinois or 21 any agency or instrumentality thereof to be used for the 22 purposes of the Authority, and to enter into any agreement in 23 relation to such grants, loans, advances, and appropriations. 24 The Authority may also accept from the State, any State 25 agency, department or commission, any county or other 26 political subdivision, any municipal corporation, any 27 railroad, or any school authorities, or jointly therefrom, 28 grants of funds or services for any of the purposes of this 29 Article. The Authority shall be treated as a rail carrier 30 subject to the Illinois Commerce Commission's jurisdiction 31 and eligible to receive money from the Grade Crossing 32 Protection Fund or any fund of the State or other source -11- LRB9207500MWsbam 1 available for purposes of promoting safety and separation of 2 at-grade railroad crossings or highway improvements. 3 Section 5-30. Borrowing money and issuance of bonds. 4 The Authority may incur debt and borrow money from time to 5 time and, in evidence thereof, may issue and sell bonds in 6 such amounts as the Authority may determine, to provide funds 7 for carrying out the purposes of this Article and to pay all 8 costs and expenses incident thereto, and to refund and 9 refinance, from time to time, bonds so issued and sold, as 10 often as may be deemed to be advantageous by the Authority. 11 Section 5-35. Taxing powers. The Authority shall not 12 have the power to levy real property taxes for any purpose 13 whatsoever. 14 Section 5-40. Board; composition; qualification; 15 compensation and expenses. The Authority shall be governed 16 by a board consisting of 5 members. The members of the 17 Authority shall serve without compensation, but may be 18 reimbursed for actual expenses incurred by them in the 19 performance of duties prescribed by the Authority. However, 20 any member of the Authority who serves as secretary or 21 treasurer may receive compensation for services as that 22 officer. 23 Section 5-45. Appointments; tenure; oaths; vacancies. 24 The members of the Authority shall be appointed by the 25 Governor, who shall give notice of the member's selection to 26 each other member within 10 days after selection and before 27 the member's entering upon the duties of office. Three of 28 the members shall be appointed by the Governor from a list of 29 4 candidates provided by the mayor of the City of Dixon, and 30 2 of the members shall be appointed by the Governor from a -12- LRB9207500MWsbam 1 list of 3 candidates provided by the chairman of the county 2 board of Lee County. Each member of the Authority shall take 3 and subscribe to the constitutional oath of office and file 4 it with the Secretary of State. If a vacancy occurs by 5 death, resignation, or otherwise, the vacancy shall be filled 6 by the Governor. All appointments of members shall be for a 7 3-year term. Each member shall continue to serve an 8 additional 3-year term unless that member is replaced by 9 appointment within 60 days of the end of his or her term. 10 Section 5-50. Removal of members. The Governor may 11 remove from office any Authority member immediately in case 12 of incompetency, neglect of duty, or malfeasance of office, 13 or otherwise upon 15 days written notice to the other 14 members. Absence from any 3 consecutive regular meetings of 15 the Authority shall be deemed neglect of duty. 16 Section 5-55. Organization; chairperson and temporary 17 Secretary. As soon as possible after the appointment of the 18 initial members, the Authority shall organize for the 19 transaction of business, select a chairperson and a temporary 20 secretary from its own number, and adopt bylaws to govern its 21 proceedings. The initial chairperson and successors shall be 22 elected by the Authority from time to time from among the 23 members. The Authority may act through its members by 24 entering into an agreement that a member act on the 25 Authority's behalf, in which instance the act or performance 26 directed shall be deemed to be exclusively of, for, and by 27 the Authority and not the individual act of the member or its 28 represented person. 29 Section 5-60. Meetings; quorum; resolutions. Regular 30 meetings of the Authority shall be held at least quarterly, 31 the time and place of those meetings to be fixed by the -13- LRB9207500MWsbam 1 Authority. Special meetings may be called by the chairperson 2 or by any 3 members of the Authority by giving notice thereof 3 in writing, stating the time, place, and purpose of the 4 meeting. The notice shall be served by special delivery 5 letter deposited in the mail at least 48 hours before the 6 meeting. A majority of the members of the Authority shall 7 constitute a quorum for the transaction of business. All 8 action of the Authority shall be by resolution and, except as 9 otherwise provided in this Article, the affirmative vote of 10 at least a majority shall be necessary for the adoption of 11 any resolution. The chairperson shall be entitled to vote on 12 any and all matters coming before the Authority. 13 Section 5-65. Secretary and treasurer; oaths; bond of 14 treasurer. The Authority may appoint a secretary and a 15 treasurer, who need not be members of the Authority, to hold 16 office during the pleasure of the Authority, and fix their 17 duties and compensation. Before entering upon the duties of 18 their respective offices, they shall take and subscribe to 19 the constitutional oath of office, and the treasurer shall 20 execute a bond with corporate sureties to be approved by the 21 Authority. The bond shall be payable to the Authority in 22 whatever penal sum may be directed by the Authority 23 conditioned upon the faithful performance of the duties of 24 the office and the payment of all money received by the 25 treasurer according to law and the orders of the Authority. 26 The Authority may, at any time, require a new bond for the 27 treasurer in such penal sum as may then be determined by the 28 Authority. 29 Section 5-70. Deposit and withdrawal of funds; 30 signatures. All funds deposited by the treasurer in any bank 31 or savings and loan association shall be placed in the name 32 of the Authority and shall be withdrawn or paid out only by -14- LRB9207500MWsbam 1 check or draft upon the bank or savings and loan association, 2 signed by the treasurer and countersigned by the chairperson 3 of the Authority. Subject to prior approval of the 4 designations by a majority of the Authority, the chairperson 5 may designate any other member or any officer of the 6 Authority to affix the signature of the treasurer to any 7 Authority check or draft for payment of salaries or wages and 8 for payment of any other obligation of not more than $2,500. 9 No bank or savings and loan association shall receive 10 public funds as permitted by this Section unless it has 11 complied with the requirements established under Section 6 of 12 the Public Funds Investment Act. 13 Section 5-75. Delivery of check after executing officer 14 ceases to hold office. If any officer whose signature appears 15 upon any check or draft issued pursuant to this Article 16 ceases to hold office before the delivery of the check or 17 draft to the payee, the officer's signature nevertheless 18 shall be valid and sufficient for all purposes with the same 19 effect as if the officer had remained in office until 20 delivery of the check or draft. 21 Section 5-80. Rules. The Authority may make all rules 22 proper or necessary to carry into effect the powers granted 23 to it. The rules shall be consistent with the guidelines, 24 objectives, and project scope as set out by the Illinois 25 Commerce Commission. 26 Section 5-85. Fiscal year. The Authority shall 27 designate its fiscal year. 28 Section 5-90. Reports and financial statements. Within 29 60 days after the end of its fiscal year, the Authority shall 30 cause to be prepared by a certified public accountant a -15- LRB9207500MWsbam 1 complete and detailed report and financial statement of the 2 operations and assets and liabilities as relate to the Dixon 3 railroad relocation project. A reasonably sufficient number 4 of copies of the report shall be prepared for distribution to 5 persons interested, upon request, and a copy of the report 6 shall be filed with the Illinois Commerce Commission and with 7 the county clerk of Lee County. 8 Section 5-95. Construction. Nothing in this Article 9 shall be construed to confer upon the Authority the right, 10 power, or duty to order or enforce the abandonment of any 11 present property of the railroads or the use in substitution 12 therefor of any property acquired for the railroads in the 13 absence of a contract duly executed by the railroads and the 14 Authority setting forth the terms and conditions upon which 15 relocation of the right of way and physical facilities of the 16 railroads is to be accomplished. No such contract shall be 17 or become enforceable until the provisions of the contract 18 have been approved or authorized by the Illinois Commerce 19 Commission. 20 Section 5-100. Existing contracts, obligations, and 21 liabilities. No contract, obligation, or liability whatever 22 of the railroads to pay any money into the State treasury, 23 nor any lien of the State upon or right to tax property of 24 the railroads, shall be released, suspended, modified, 25 altered, remitted, or in any manner diminished or impaired by 26 the contract with the Authority, and any such charter 27 provisions applicable to the property on which the railroads 28 are now located shall be deemed in full force and effect with 29 respect to any property on which the railroads are relocated 30 in substitution therefor pursuant to the provisions of this 31 Act or any such contract with the Authority pursuant thereto. 32 Notwithstanding, upon order of the Illinois Commerce -16- LRB9207500MWsbam 1 Commission, the Authority shall succeed to and assume the 2 performance and actions of the represented persons under the 3 terms of the order and amending orders previously entered 4 relative to the Dixon railroad relocation project and 5 consistent with the objectives of the Authority. 6 Section 5-105. Severability. The provisions of this Act 7 are severable under Section 1.31 of the Statute on Statutes. 8 ARTICLE 10. 9 Section 10-5. The 25th Avenue Railroad Relocation and 10 Development Authority Act is amended by changing the title of 11 the Act and Sections 1, 5, 10, 40, 45, 60, and 90 as follows: 12 (70 ILCS 1920/Act title) 13 An Act creating the West Cook25th AvenueRailroad 14 Relocation and Redevelopment Authority. 15 (70 ILCS 1920/1) 16 Sec. 1. Short title. This Act may be cited as the West 17 Cook25th AvenueRailroad Relocation and Development 18 Authority Act. 19 (Source: P.A. 91-562, eff. 8-14-99.) 20 (70 ILCS 1920/5) 21 Sec. 5. Legislative declaration. The General Assembly 22 declares that the welfare, health, prosperity, and moral and 23 general well being of the people of the State are, in large 24 measure, dependent upon the sound and orderly development of 25 municipal areas. The Village of Bellwood , the Village of 26 Maywood, and the Village of Melrose Park, by reason of the 27 location therein of 25th Avenue and the First Avenue vicinity 28 between Lake Street on the North, Oak Street on the South, -17- LRB9207500MWsbam 1 the Des Plaines River on the East, and Fifth Avenue on the 2 West and theiritsuse for vehicular travel in access to the 3 entire west metropolitan Chicago area, including 4 municipalities in 2 counties, as well as commercial and 5 industrial growth patterns and accessibility to O'Hare 6 International Airport, Midway Airport, manufacturing, and 7 freight related facilities, have become and will increasingly 8 be the hub of transportation from all parts of the region and 9 throughout the west metropolitan area. Motor vehicle 10 traffic, pedestrian travel, and the safety of both motorists 11 and pedestrians are substantially aggravated by the location 12 of a major railroad right of way that divides the Village of 13 Bellwood and the Village of Melrose Park. Additionally, 14 certain development opportunities may exist in the project 15 area that would stabilize and enhance the tax base of 16 existing communities, maintain and revitalize existing 17 commerce and industry, create opportunities for intersurface 18 modal transportation efficiencies, and promote comprehensive 19 planning within and between communities. The presence of the 20 railroad right of way at the 25th Avenue grade crossing is 21 detrimental to the orderly expansion of industry and commerce 22 and to progress of the region. To alleviate this situation 23 it is necessary to relocate the railroad tracks and right of 24 way on 25th Avenue and First Avenue, to separate the grades 25 at crossingscrossing, to acquire property for relocation or 26 submergence of the railroad or highways, to create an agency 27 to facilitate and accomplish that relocation, and to direct 28 infrastructure and development improvements in the 25th 29 Avenue vicinity between St. Charles Road and Lake Street and 30 the First Avenue vicinity between Lake Street on the North, 31 Oak Street on the South, the Des Plaines River on the East, 32 and Fifth Avenue on the West. 33 Additionally, certain development opportunities may exist 34 in the West Cook County region from Harlem Avenue on the East -18- LRB9207500MWsbam 1 to I-294 on the West and from Grand Avenue on the North to 2 31st Street on the South that would stabilize and enhance the 3 tax base of existing communities, maintain and revitalize 4 existing commerce and industry, create opportunities for 5 modal transportation efficiencies, and promote comprehensive 6 planning within and between communities. 7 (Source: P.A. 91-562, eff. 8-14-99.) 8 (70 ILCS 1920/10) 9 Sec. 10. Creation; duration. There is created a body 10 politic and corporate, a unit of local government, named the 11 West Cook25th AvenueRailroad Relocation and Development 12 Authority, embracing that portion of Proviso Township 13 embracing that portion of the Village of Bellwood and the 14 Village of Melrose Park from St. Charles Road on the South to 15 Lake Street on the North, and from the Indiana Harbor Belt 16 Railroad on the West to 22nd Avenue on the East, Cook County, 17 Illinois and the Village of Maywood, Cook County, Illinois. 18 The Authority shall continue in existence until the 19 accomplishment of its objective, the relocation of the 20 railroad tracks and 25th Avenue, the grade separation of 21 railroads from the right of way and at-grade crossing 22 closures within the Village of Bellwood and the Village of 23 Melrose Park, the grade separation of railroads from the 24 right-of-way and at grade crossing in the First Avenue 25 vicinity between Lake Street, Oak Street, the Des Plaines 26 River, and Fifth Avenue, and the establishment of a 27 transit-oriented intersurface modal development facility in 28 the project area, or until the Authority officially resolves 29 that it is impossible or economically unfeasible to fulfill 30 that objective. 31 (Source: P.A. 91-562, eff. 8-14-99.) 32 (70 ILCS 1920/40) -19- LRB9207500MWsbam 1 Sec. 40. Board; composition; qualification; compensation 2 and expenses. The Authority shall be governed by a board 3 consisting of 75members. The members of the Authority 4 shall serve without compensation, but may be reimbursed for 5 actual expenses incurred by them in the performance of duties 6 prescribed by the Authority. However, any member of the 7 Authority who serves as secretary or treasurer may receive 8 compensation for services as that officer. 9 (Source: P.A. 91-562, eff. 8-14-99.) 10 (70 ILCS 1920/45) 11 Sec. 45. Appointments; tenure; oaths; vacancies. The 12 members of the Authority shall be appointed by the Governor, 13 who shall give notice of the member's selection to each other 14 member within 10 days after selection and before the member's 15 entering upon the duties of office. Two of the members shall 16 be recommended to the Governor from a list of 3 candidates 17 provided by the village president of the Village of Bellwood, 18 2 of the members shall be recommended to the Governor from a 19 list of 3 candidates provided by the village president of the 20 Village of Maywood, and 2 of the members shall be recommended 21 to the Governor from a list of 3 candidates provided by the 22 village president of the Village of Melrose Park. The office 23 of chairman shall rotate annually and shall represent the 24 Village of Bellwood, the Village of Melrose Park, the Village 25 of Maywood, and the Governor's appointments, respectively, 26 for each of the 3 years of the term of office. Each 27 representative member of the Authority shall take and 28 subscribe to the constitutional oath of office and file it 29 with the Secretary of State. If a vacancy occurs by death, 30 resignation, or otherwise, the vacancy shall be filled by the 31 appropriate selecting party. All appointments of members 32 shall be for a 3-year term. Each member shall continue to 33 serve an additional 3-year term unless that member is -20- LRB9207500MWsbam 1 replaced by appointment within 60 days of the end of his or 2 her term. 3 (Source: P.A. 91-562, eff. 8-14-99.) 4 (70 ILCS 1920/60) 5 Sec. 60. Meetings; quorum; resolutions. Regular 6 meetings of the Authority shall be held at least quarterly, 7 the time and place of those meetings to be fixed by the 8 Authority. Special meetings may be called by the Chair or by 9 any 43members of the Authority by giving notice thereof in 10 writing, stating the time, place, and purpose of the meeting. 11 The notice shall be served by special delivery letter 12 deposited in the mails at least 48 hours before the meeting. 13 A majority of the members of the Authority shall constitute a 14 quorum for the transaction of business. All action of the 15 Authority shall be by resolution and, except as otherwise 16 provided in this Act, the affirmative vote of at least a 17 majority shall be necessary for the adoption of any 18 resolution. The Chair shall be entitled to vote on any and 19 all matters coming before the Authority. 20 (Source: P.A. 91-562, eff. 8-14-99.) 21 (70 ILCS 1920/90) 22 Sec. 90. Reports and financial statements. Within 60 23 days after the end of its fiscal year, the Authority shall 24 cause to be prepared by a certified public accountant a 25 complete and detailed report and financial statement of the 26 operations and assets and liabilities as relate to the 25th 27 Avenue railroad grade separation project and the First Avenue 28 railroad grade separation project. A reasonably sufficient 29 number of copies of the report shall be prepared for 30 distribution to persons interested, upon request, and a copy 31 of the report shall be filed with the Illinois Commerce 32 Commission and with the county clerk of Cook County. -21- LRB9207500MWsbam 1 (Source: P.A. 91-562, eff. 8-14-99.) 2 Section 1-90. Effective date. This Act takes effect 3 upon becoming law.".