Executive Committee
Adopted in House Comm. on Mar 31, 2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4108
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4108 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the
| ||||||
5 | Addison Creek Restoration Commission. | ||||||
6 | Section 5. Legislative declaration. The General Assembly | ||||||
7 | declares that the welfare, health, prosperity, and moral and | ||||||
8 | general well being of the people of the State are, in large | ||||||
9 | measure, dependent upon the sound and orderly development of | ||||||
10 | municipal areas. The Village of Bellwood, the City of | ||||||
11 | Northlake, the Village of Melrose Park, the Village of Stone | ||||||
12 | Park, the Village of Broadview, the Village of Westchester, and | ||||||
13 | the Village of North Riverside are, by reason of the location | ||||||
14 | of Addison Creek, adversely affected by a floodplain designated | ||||||
15 | by the Federal Emergency Management Agency (FEMA). Certain | ||||||
16 | development opportunities may exist in the project area that | ||||||
17 | would stabilize and enhance the tax base of existing | ||||||
18 | communities, maintain and revitalize existing commerce and | ||||||
19 | industry, and promote comprehensive planning within and | ||||||
20 | between communities. The relocation of the retention pond, | ||||||
21 | restoration of creek banks, and enhanced fencing for security | ||||||
22 | and safety around areas of Addison Creek is important for the | ||||||
23 | orderly expansion of industry and commerce and for progress of | ||||||
24 | the region. The ultimate goal is to get FEMA to reconsider the |
| |||||||
| |||||||
1 | size of the floodplain. Once this is accomplished, it will | ||||||
2 | greatly reduce the cost of insurance to homeowners and increase | ||||||
3 | the value of property within the current designated floodplain. | ||||||
4 | Section 10. Creation; duration. There is created a body | ||||||
5 | politic and corporate, a unit of local government, named the | ||||||
6 | Addison Creek Restoration Commission. The territory of the | ||||||
7 | Commission boundaries consists of the corporate borders of the | ||||||
8 | Village of Bellwood, the City of Northlake, the Village of | ||||||
9 | Melrose Park, the Village of Stone Park, the Village of | ||||||
10 | Broadview, the Village of Westchester, and the Village of North | ||||||
11 | Riverside. The Commission shall continue in existence until the | ||||||
12 | accomplishment of its objective, the relocation of Addison | ||||||
13 | Creek retention pond within the Village of Bellwood, the | ||||||
14 | restoration of creek beds, and enhanced fencing for security | ||||||
15 | and safety around areas of Addison Creek, or until the | ||||||
16 | Commission officially resolves that it is impossible or | ||||||
17 | economically unfeasible to fulfill the objectives. | ||||||
18 | Section 15. Acquisition of property. The Commission shall | ||||||
19 | have the power to acquire by gift, purchase, or legacy the fee | ||||||
20 | simple title to real property located within the boundaries of | ||||||
21 | the Commission, including temporary and permanent easements, | ||||||
22 | as well as reversionary interests in the streets, alleys and | ||||||
23 | other public places and personal property, required for its | ||||||
24 | purposes, and title thereto shall be taken in the corporate | ||||||
25 | name of the Commission. Any such property that is already | ||||||
26 | devoted to a public use may nevertheless be acquired, provided | ||||||
27 | that no property belonging to the United States of America or | ||||||
28 | the State of Illinois may be acquired without the consent of | ||||||
29 | such governmental unit. All land and appurtenances thereto, | ||||||
30 | acquired or owned by the Commission, are to be deemed acquired | ||||||
31 | or owned for a public use or public purpose. |
| |||||||
| |||||||
1 | Section 20. Sale or exchange of property. The Commission | ||||||
2 | shall have the power to sell, transfer, exchange, vacate, or | ||||||
3 | assign property acquired for the purposes of this Act as it | ||||||
4 | deems appropriate. | ||||||
5 | Section 25. Acceptance of grants, loans, and | ||||||
6 | appropriations. The Commission may apply for and accept grants, | ||||||
7 | loans, advances, and appropriations from the federal | ||||||
8 | government and from the State of Illinois or any agency or | ||||||
9 | instrumentality thereof to be used for the purposes of the | ||||||
10 | Commission and may enter into any agreement in relation to | ||||||
11 | these grants, loans, advances, and appropriations. The | ||||||
12 | Commission may also accept from the State, any State agency, | ||||||
13 | department, or commission, any unit of local government, any | ||||||
14 | railroad, school authority, or jointly therefrom, grants of | ||||||
15 | funds or services for any of the purposes of this Act. | ||||||
16 | Section 30. Borrowing money and issuance of bonds. The | ||||||
17 | Commission may incur debt and borrow money from time to time | ||||||
18 | and, in evidence thereof, may issue and sell bonds in such | ||||||
19 | amount or amounts as the Commission may determine to provide | ||||||
20 | funds for carrying out the purposes of this Act, to pay all | ||||||
21 | costs and expenses incident to issuing the bonds, and to refund | ||||||
22 | and refinance, from time to time, bonds so issued and sold, as | ||||||
23 | often as may be deemed to be advantageous by the Commission. | ||||||
24 | |||||||
25 | Section 35. Taxing powers. The Commission shall not have | ||||||
26 | the power to levy real property taxes for any purpose | ||||||
27 | whatsoever. | ||||||
28 | Section 40. Board; composition; qualification; | ||||||
29 | compensation and expenses. The Commission shall be governed by | ||||||
30 | a board consisting of 7 members. The members of the Commission |
| |||||||
| |||||||
1 | shall serve without compensation, but may be reimbursed for | ||||||
2 | actual expenses incurred by them in the performance of duties | ||||||
3 | prescribed by the Commission. However, any member of the | ||||||
4 | Commission who serves as secretary or treasurer may receive | ||||||
5 | compensation for services as that officer. | ||||||
6 | Section 45. Appointments; tenure; oaths; vacancies. The | ||||||
7 | members of the Commission shall be appointed by the Governor, | ||||||
8 | who shall give notice of the member's selection to each other | ||||||
9 | member within 10 days after selection and before the member's | ||||||
10 | entering upon the duties of office. One of the members shall be | ||||||
11 | recommended to the Governor from a list of 2 candidates | ||||||
12 | provided by the village president of the Village of Bellwood, 1 | ||||||
13 | of the members shall be recommended to the Governor from a list | ||||||
14 | of 2 candidates provided by the village president of the | ||||||
15 | Village of Westchester, 1 member shall be recommended to the | ||||||
16 | Governor from a list of 2 candidates provided by the mayor of | ||||||
17 | the City of Northlake, 1 of the members shall be recommended to | ||||||
18 | the Governor from a list of 2 candidates by the village | ||||||
19 | president of the Village of Melrose Park, 1 of the members | ||||||
20 | shall be recommended to the Governor from a list of 2 | ||||||
21 | candidates by the village president of the Village of | ||||||
22 | Broadview, 1 of the members shall be recommended to the | ||||||
23 | Governor from a list of 2 candidates by the village president | ||||||
24 | of the Village of Stone Park, and 1 of the members shall be | ||||||
25 | recommended to the Governor from a list of 2 candidates by the | ||||||
26 | village president of the Village of North Riverside. The office | ||||||
27 | of the chair shall rotate annually. Each representative member | ||||||
28 | of the
Commission shall take and subscribe to the | ||||||
29 | constitutional oath of office and file it with the Secretary of | ||||||
30 | State. If a vacancy occurs by death, resignation, or otherwise, | ||||||
31 | the vacancy shall be filled by the appropriate selecting party. | ||||||
32 | All appointments of members shall be for a 3-year term. Each | ||||||
33 | member may continue to serve an additional 3-year term unless |
| |||||||
| |||||||
1 | that member is replaced by appointment within 60 days after the | ||||||
2 | end of his or her term. | ||||||
3 | Section 50. Removal of members. The Governor may remove | ||||||
4 | from office any Commission member immediately in case of | ||||||
5 | incompetency, neglect of duty, or malfeasance of office or | ||||||
6 | otherwise upon 15 days written notice to the other members. | ||||||
7 | Absence from any 3 consecutive regular meetings of the | ||||||
8 | Commission is deemed to be neglect of duty. | ||||||
9 | Section 55. Organization; chair and temporary secretary. | ||||||
10 | As soon as possible after the appointment of the initial | ||||||
11 | members, the Commission shall organize for the transaction of | ||||||
12 | business, select a chair and a temporary secretary from its own | ||||||
13 | number, and adopt bylaws to govern its proceedings. The initial | ||||||
14 | chair and successors shall be elected by the Commission from | ||||||
15 | time to time from among members. The Commission may act through | ||||||
16 | its members by entering into an agreement that a member act on | ||||||
17 | the Commission's behalf, in which instance the act or | ||||||
18 | performance directed shall be deemed to be exclusively of, for, | ||||||
19 | and by the Commission and not the individual act of the member | ||||||
20 | or its represented person. | ||||||
21 | Section 60. Meetings; quorum; resolutions. Regular | ||||||
22 | meetings of the Commission shall be held at least quarterly, | ||||||
23 | the time and place of those meetings to be fixed by the | ||||||
24 | Commission. Special meetings may be called by the chair or by | ||||||
25 | any 4 members of the Commission by giving notice in writing, | ||||||
26 | stating the time, place, and purpose of the special meeting. | ||||||
27 | The notice shall be served by certified letter deposited in the | ||||||
28 | U.S. mail at least 48 hours before the meeting. A majority of | ||||||
29 | the members of the Commission constitutes a quorum for the | ||||||
30 | transaction of business. All action of the Commission shall be | ||||||
31 | by resolution and, except as otherwise provided in this Act, |
| |||||||
| |||||||
1 | the affirmative vote of at least a majority of the total | ||||||
2 | available votes is necessary for the adoption of any | ||||||
3 | resolution. The weight of each member's vote shall be based on | ||||||
4 | the assessed value of the property in the municipality from | ||||||
5 | which the member was recommended in the flood plain designated | ||||||
6 | by FEMA. The chair may vote on any and all matters coming | ||||||
7 | before the Commission. | ||||||
8 | Section 65. Secretary and treasurer; oaths; bond of | ||||||
9 | treasurer. The Commission may appoint a secretary and a | ||||||
10 | treasurer, who need not be members of the Commission, to hold | ||||||
11 | office at the pleasure of the Commission and may fix their | ||||||
12 | duties and compensation. Before entering upon the duties of | ||||||
13 | their respective offices, the secretary and treasurer must take | ||||||
14 | and subscribe to the constitutional oath of office, and the | ||||||
15 | treasurer must execute a bond with corporate sureties to be | ||||||
16 | approved by the Commission. The bond shall be payable to the | ||||||
17 | Commission in
whatever penal sum may be directed by the | ||||||
18 | Commission conditioned upon the faithful performance of the | ||||||
19 | duties of the office and the payment of all money received by | ||||||
20 | the treasurer according to law and the orders of the | ||||||
21 | Commission. The Commission may, at any time, require a new bond | ||||||
22 | for the treasurer in any penal sum determined by the | ||||||
23 | Commission. | ||||||
24 | Section 70. Deposit and withdrawal of funds; signatures. | ||||||
25 | All funds deposited by the treasurer in any bank or savings and | ||||||
26 | loan association shall be placed in the name of the Commission | ||||||
27 | and may be withdrawn or paid out only by check or draft upon | ||||||
28 | the bank or savings and loan association that is signed by the | ||||||
29 | treasurer and countersigned by the chair of the Commission. | ||||||
30 | Subject to prior approval of the designations by a majority of | ||||||
31 | the Commission, the chair may designate any other member or any | ||||||
32 | officer of the Commission to affix the signature of the |
| |||||||
| |||||||
1 | treasurer to any Commission check or draft for payment of | ||||||
2 | salaries or wages and for payment of any other obligation of | ||||||
3 | not more than $2,500.
No bank or savings and loan association | ||||||
4 | may receive public funds as permitted by this Section unless it | ||||||
5 | has complied with the requirements established under Section 6 | ||||||
6 | of the Public Funds Investment Act. | ||||||
7 | Section 75. Delivery of check after executing officer | ||||||
8 | ceases to hold office. If any officer whose signature appears | ||||||
9 | upon any check or draft issued under this Act ceases to hold | ||||||
10 | office before the delivery of the check or draft to the payee, | ||||||
11 | the officer's signature nevertheless shall be valid and | ||||||
12 | sufficient for all purposes with the same effect as if the | ||||||
13 | officer had remained in office until delivery of the check or | ||||||
14 | draft. | ||||||
15 | Section 80. Rules. The Commission may adopt any rules that | ||||||
16 | are proper or necessary and to carry into effect the powers | ||||||
17 | granted to it. | ||||||
18 | Section 85. Fiscal year. The Commission shall designate its | ||||||
19 | fiscal year. | ||||||
20 | Section 90. Reports and financial statements. Within 60 | ||||||
21 | days after the end of its fiscal year, the Commission must | ||||||
22 | cause to be prepared by a certified public accountant a | ||||||
23 | complete and detailed report and financial statement of the | ||||||
24 | operations and assets and liabilities as it relates to the | ||||||
25 | Addison Creek Restoration project. A reasonably sufficient | ||||||
26 | number of copies of the report shall be prepared for | ||||||
27 | distribution to persons interested, upon request, and a copy of | ||||||
28 | the report shall be filed with the Department of Natural | ||||||
29 | Resources and with the county clerk of Cook County. |
| |||||||
| |||||||
1 | Section 95. Construction. Nothing in this Act shall be | ||||||
2 | construed to confer upon the Commission the right, power, or | ||||||
3 | duty to order or enforce the abandonment of any present | ||||||
4 | property or the use in substitution. | ||||||
5 | Section 100. Severability. The provisions of this Act are | ||||||
6 | severable under Section 1.31 of the Statute on Statutes. | ||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|