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92_SB0400eng
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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
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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
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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.
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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
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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
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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
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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,
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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
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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.
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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
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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,
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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.
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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.
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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
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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
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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 Cook 25th Avenue Railroad
4 Relocation and Redevelopment Authority.
5 (70 ILCS 1920/1)
6 Sec. 1. Short title. This Act may be cited as the West
7 Cook 25th Avenue Railroad 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 their its use 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,
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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 crossings crossing, 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 Cook 25th Avenue Railroad Relocation and Development
33 Authority, embracing that portion of Proviso Township
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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 7 5 members. 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,
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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 4 3 members 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.
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