State of Illinois
92nd General Assembly
Legislation

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[ 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  Cook  25th  Avenue  Railroad
14    Relocation and Redevelopment Authority.

15        (70 ILCS 1920/1)
16        Sec.  1.  Short title.  This Act may be cited as the West
17    Cook  25th  Avenue  Railroad   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 their its use 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 crossings crossing, 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 Cook 25th Avenue  Railroad  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 7 5 members.   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 4 3 members 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.".

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