Sen. Wendell E. Jones
Filed: 5/6/2004
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1 | AMENDMENT TO HOUSE BILL 4108
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2 | AMENDMENT NO. ______. Amend House Bill 4108 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the
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5 | Addison Creek Restoration Commission Act. | ||||||
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 |
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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. Acceptance of grants and appropriations. The | ||||||
19 | Commission may apply for and accept grants 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 Commission and may enter into any agreement in | ||||||
23 | relation to these grants and appropriations. The Commission may | ||||||
24 | also accept from the State, any State agency, department, or | ||||||
25 | commission, any unit of local government, any railroad, school | ||||||
26 | authority, or jointly therefrom, grants of funds or services | ||||||
27 | for any of the purposes of this Act. | ||||||
28 | Section 20. Taxing powers. The Commission shall not have | ||||||
29 | the power to levy real property taxes for any purpose | ||||||
30 | whatsoever. |
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1 | Section 25. Board; composition; qualification; | ||||||
2 | compensation and expenses. The Commission shall be governed by | ||||||
3 | a board consisting of 7 members. The members of the Commission | ||||||
4 | shall serve without compensation, but may be reimbursed from | ||||||
5 | the affected municipalities for actual expenses incurred by | ||||||
6 | them in the performance of duties prescribed by the Commission. | ||||||
7 | Section 30. Appointments; tenure; oaths; vacancies. One | ||||||
8 | member shall be appointed by the village president of the | ||||||
9 | Village of Bellwood, one member shall be appointed by the | ||||||
10 | village president of the Village of Westchester, one member | ||||||
11 | shall be appointed by the mayor of the City of Northlake, one | ||||||
12 | member shall be appointed by the village president of the | ||||||
13 | Village of Melrose Park, one member shall be appointed by the | ||||||
14 | village president of the Village of Broadview, one member shall | ||||||
15 | be appointed by the village president of the Village of Stone | ||||||
16 | Park, and one member shall be appointed by the village | ||||||
17 | president of the Village of North Riverside. The office of the | ||||||
18 | chair shall rotate annually. Each representative member of the
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19 | Commission shall take and subscribe to the constitutional oath | ||||||
20 | of office and file it with the Secretary of State. If a vacancy | ||||||
21 | occurs by death, resignation, or otherwise, the vacancy shall | ||||||
22 | be filled by the appropriate selecting party. Each member of | ||||||
23 | the Commission shall hold office for a term of 3 years from the | ||||||
24 | third Monday in January of the year in which his predecessor's | ||||||
25 | term expires. Each member may continue to serve an additional | ||||||
26 | 3-year term unless that member is replaced by appointment | ||||||
27 | within 60 days after the end of his or her term. Of the members | ||||||
28 | initially appointed under this Section, 2 members shall be | ||||||
29 | appointed for terms of office that expire on the third Monday | ||||||
30 | of January, 2006, 2 members shall be appointed for terms of | ||||||
31 | office that expire on the third Monday of January, 2007, 2 | ||||||
32 | members shall be appointed for a term of office that expire on | ||||||
33 | the third Monday of January, 2008, and one member shall be |
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1 | appointed for a term of office that expires on the third Monday | ||||||
2 | of January, 2009. Each respective successor shall be appointed | ||||||
3 | for a term of 3 years from the third Monday of January of the | ||||||
4 | year in which his or her predecessor's term expires. | ||||||
5 | Section 35. Removal of members. Any member of the | ||||||
6 | Commission may be immediately removed from office by the | ||||||
7 | appropriate selecting party or by a majority vote of the | ||||||
8 | Commission in case of incompetency, neglect of duty, or | ||||||
9 | malfeasance of office or otherwise upon 15 days written notice | ||||||
10 | to the other members. Absence from any 3 consecutive regular | ||||||
11 | meetings of the Commission is deemed to be neglect of duty. | ||||||
12 | Section 40. Organization; chair and temporary secretary. | ||||||
13 | As soon as possible after the appointment of the initial | ||||||
14 | members, the Commission shall organize for the transaction of | ||||||
15 | business, select a chair and a temporary secretary from its own | ||||||
16 | number, and adopt bylaws to govern its proceedings. The initial | ||||||
17 | chair and successors shall be elected by the Commission from | ||||||
18 | time to time from among members. The Commission may act through | ||||||
19 | its members by entering into an agreement that a member act on | ||||||
20 | the Commission's behalf, in which instance the act or | ||||||
21 | performance directed shall be deemed to be exclusively of, for, | ||||||
22 | and by the Commission and not the individual act of the member | ||||||
23 | or its represented person. | ||||||
24 | Section 45. Meetings; quorum; resolutions. Regular | ||||||
25 | meetings of the Commission shall be held at least quarterly, | ||||||
26 | the time and place of those meetings to be fixed by the | ||||||
27 | Commission. Special meetings may be called by the chair or by | ||||||
28 | any 4 members of the Commission by giving notice in writing, | ||||||
29 | stating the time, place, and purpose of the special meeting. | ||||||
30 | The notice shall be served by certified letter deposited in the | ||||||
31 | U.S. mail at least 48 hours before the meeting. If there is no |
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1 | vacancy on the Commission, 5 members of the Commission shall | ||||||
2 | constitute a quorum to transact business; otherwise, a majority | ||||||
3 | of the Commission shall constitute a quorum to transact | ||||||
4 | business, and no vacancy shall impair the right of the | ||||||
5 | remaining commissioners to exercise all of the powers of the | ||||||
6 | Commission. Every finding, order, or decision approved by a | ||||||
7 | majority of the members of the Commission shall be deemed to be | ||||||
8 | the finding, order, or decision of the Commission. All action | ||||||
9 | of the Commission shall be by resolution and, except as | ||||||
10 | otherwise provided in this Act, the affirmative vote of at | ||||||
11 | least a majority of the total available votes is necessary for | ||||||
12 | the adoption of any resolution. The weight of each member's | ||||||
13 | vote shall be based on the assessed value of the property in | ||||||
14 | the municipality from which the member was recommended in the | ||||||
15 | flood plain designated by FEMA. The chair may vote on any and | ||||||
16 | all matters coming before the Commission. | ||||||
17 | Section 50. Secretary and treasurer; oaths; bond of | ||||||
18 | treasurer. The Commission may appoint a secretary and a | ||||||
19 | treasurer, who need not be members of the Commission, to hold | ||||||
20 | office at the pleasure of the Commission and may fix their | ||||||
21 | duties and compensation, which shall be paid by the affected | ||||||
22 | municipalities. Before entering upon the duties of their | ||||||
23 | respective offices, the secretary and treasurer must take and | ||||||
24 | subscribe to the constitutional oath of office, and the | ||||||
25 | treasurer must execute a bond with corporate sureties to be | ||||||
26 | approved by the Commission. The bond shall be payable to the | ||||||
27 | Commission in
whatever penal sum may be directed by the | ||||||
28 | Commission conditioned upon the faithful performance of the | ||||||
29 | duties of the office and the payment of all money received by | ||||||
30 | the treasurer according to law and the orders of the | ||||||
31 | Commission. The Commission may, at any time, require a new bond | ||||||
32 | for the treasurer in any penal sum determined by the | ||||||
33 | Commission. |
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1 | Section 55. Deposit and withdrawal of funds; signatures. | ||||||
2 | All funds deposited by the treasurer in any bank or savings and | ||||||
3 | loan association shall be placed in the name of the Commission | ||||||
4 | and may be withdrawn or paid out only by check or draft upon | ||||||
5 | the bank or savings and loan association that is signed by the | ||||||
6 | treasurer and countersigned by the chair of the Commission. | ||||||
7 | Subject to prior approval of the designations by a majority of | ||||||
8 | the Commission, the chair may designate any other member or any | ||||||
9 | officer of the Commission to affix the signature of the | ||||||
10 | treasurer to any Commission check or draft for payment of | ||||||
11 | salaries or wages and for payment of any other obligation of | ||||||
12 | not more than $2,500.
No bank or savings and loan association | ||||||
13 | may receive public funds as permitted by this Section unless it | ||||||
14 | has complied with the requirements established under Section 6 | ||||||
15 | of the Public Funds Investment Act. | ||||||
16 | Section 60. Delivery of check after executing officer | ||||||
17 | ceases to hold office. If any officer whose signature appears | ||||||
18 | upon any check or draft issued under this Act ceases to hold | ||||||
19 | office before the delivery of the check or draft to the payee, | ||||||
20 | the officer's signature nevertheless shall be valid and | ||||||
21 | sufficient for all purposes with the same effect as if the | ||||||
22 | officer had remained in office until delivery of the check or | ||||||
23 | draft. | ||||||
24 | Section 65. Rules. The Commission may adopt any rules that | ||||||
25 | are proper or necessary and to carry into effect the powers | ||||||
26 | granted to it. | ||||||
27 | Section 70. Fiscal year. The Commission shall designate its | ||||||
28 | fiscal year. | ||||||
29 | Section 75. Reports and financial statements. Within 60 |
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1 | days after the end of its fiscal year, the Commission must | ||||||
2 | cause to be prepared by a certified public accountant a | ||||||
3 | complete and detailed report and financial statement of the | ||||||
4 | operations and assets and liabilities as it relates to the | ||||||
5 | Addison Creek Restoration project. A reasonably sufficient | ||||||
6 | number of copies of the report shall be prepared for | ||||||
7 | distribution to persons interested, upon request, and a copy of | ||||||
8 | the report shall be filed with the Department of Natural | ||||||
9 | Resources and with the county clerk of Cook County. | ||||||
10 | Section 80. Construction. Nothing in this Act shall be | ||||||
11 | construed to confer upon the Commission the right, power, or | ||||||
12 | duty to order or enforce the abandonment of any present | ||||||
13 | property or the use in substitution. | ||||||
14 | Section 85. Severability. The provisions of this Act are | ||||||
15 | severable under Section 1.31 of the Statute on Statutes. | ||||||
16 | Section 90. Repeal. This Act is repealed on January 1, | ||||||
17 | 2010. | ||||||
18 | Section 999. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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