Public Act 098-0564
 
SB1409 EnrolledLRB098 09872 OMW 40030 b

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