Full Text of SB1409 98th General Assembly
SB1409enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Elmwood Park Grade Separation Authority Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Authority" means the Elmwood Park Grade Separation | 8 | | Authority.
| 9 | | "Person" includes an individual, partnership, firm, public | 10 | | or private corporation, and government or unit of government. | 11 | | "Railroad" or "Railroads" means the Canadian Pacific | 12 | | Railway and other railroads operating or owning trackage or | 13 | | right-of-way within the area of the Authority. | 14 | | "Village" means the Village of Elmwood Park. | 15 | | Section 10. Legislative declaration. The General Assembly | 16 | | declares that the welfare, health, prosperity, and moral and | 17 | | general well being of the people of the State are, in large | 18 | | measure, dependent upon the sound and orderly development of | 19 | | municipal areas. The Village of Elmwood Park by reason of the | 20 | | location there of Grand Avenue and its use for vehicular travel | 21 | | in access to the entire west metropolitan Chicago area, | 22 | | including municipalities in 2 counties, as well as commercial |
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| 1 | | and industrial growth patterns and accessibility to O'Hare | 2 | | International Airport, manufacturing and freight related | 3 | | services, has become and will increasingly be the hub of | 4 | | transportation from all parts of the region and throughout the | 5 | | west metropolitan area. Motor vehicle traffic, pedestrian | 6 | | travel, and the safety of both motorists and pedestrians are | 7 | | substantially aggravated by the location of a major railroad | 8 | | right-of-way that divides the Village into north and south | 9 | | halves. The presence of the railroad right-of-way has | 10 | | effectively impeded the development of highway usage and | 11 | | rights-of-way and is detrimental to the orderly expansion of | 12 | | industry and commerce and to progress throughout the region. | 13 | | Additionally, the railroad grade crossing located on Grand | 14 | | Avenue within the Village of Elmwood Park has posed a | 15 | | significant safety hazard to the public. The Illinois Commerce | 16 | | Commission Collision History illustrates that there have been 8 | 17 | | fatalities and 29 injuries since 1956 at the railroad grade | 18 | | crossing located on Grand Avenue within the Village. The | 19 | | presence of the railroad right-of-way at grade crossing within | 20 | | the Village is detrimental to the safety of the public, as well | 21 | | as to the orderly expansion of industry and commerce and to | 22 | | progress of the region. To alleviate this situation, it is | 23 | | necessary to separate the grade crossing on Grand Avenue within | 24 | | the Village, to relocate the railroad tracks and right-of-way, | 25 | | and to acquire property for separation of the railroad or | 26 | | highway and to create an agency to facilitate and accomplish |
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| 1 | | that grade separation. | 2 | | Section 15. Creation; duration; termination of the | 3 | | Authority. There is created a body politic and corporate, a | 4 | | unit of local government, named the Elmwood Park Grade | 5 | | Separation Authority that embraces that portion of Leyden | 6 | | Township within the Village of Elmwood Park, Cook County, | 7 | | Illinois. The Authority shall continue in existence until the | 8 | | accomplishment of its objectives or until the Authority | 9 | | officials resolve that it is impossible or economically | 10 | | unfeasible to fulfill its objectives. Objectives of the | 11 | | Authority include the grade separation of railroad tracks from | 12 | | the right-of-way of Grand Avenue in the Village of Elmwood | 13 | | Park, the relocation of railroad tracks and roadway to | 14 | | facilitate the grade separation, and other necessary, related | 15 | | improvements to the right-of-way and at-grade crossing closure | 16 | | within the Village of Elmwood Park. The Authority shall be | 17 | | dissolved upon its voluntary termination or 6 months after the | 18 | | first use of the railway on the grade separation structure by a | 19 | | Railroad. Upon termination or dissolution of the Authority | 20 | | after the construction of the grade separation project, the | 21 | | Department of Transportation shall own and maintain the grade | 22 | | separation structure and the Canadian Pacific Railway Company | 23 | | shall own and maintain the railway along the grade separation | 24 | | structure. |
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| 1 | | Section 20. Procedural capacity; seal; office. The | 2 | | Authority may sue and be sued in its corporate name, but | 3 | | execution shall not in any case issue against any property of | 4 | | the Authority. The Authority shall be subject to the | 5 | | jurisdiction of the Illinois Commerce Commission. It may adopt | 6 | | a common seal and change the seal at pleasure. The principal | 7 | | office of the Authority shall be in the Village of Elmwood | 8 | | Park, Illinois. | 9 | | The Authority may enter into contracts for the performance | 10 | | of its objectives, including agreements with other State | 11 | | entities and departments, as well as provide for the letting of | 12 | | construction contracts, consultant service agreements, | 13 | | professional and trade services, and other agreements | 14 | | consistent with the purposes and objectives of the Authority | 15 | | established by this Act. The Authority may accept | 16 | | jurisdictional transfer of public right-of-way for purposes of | 17 | | eliminating at-grade street and railroad crossings. | 18 | | Section 25. Acquisition of property. The Authority shall | 19 | | have the power to acquire by gift, purchase, legacy, or by the | 20 | | exercise of eminent domain the fee simple title to real | 21 | | property located within the boundaries of the Authority, | 22 | | including temporary and permanent easements, as well as | 23 | | reversionary interests in the streets, alleys, and other public | 24 | | places and personal property, required for its purposes, and | 25 | | title thereto shall be taken in the corporate name of the |
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| 1 | | Authority. Any such property that is already devoted to a | 2 | | public use may nevertheless be acquired, provided that no | 3 | | property belonging to the United States of America or the State | 4 | | of Illinois may be acquired without the consent of such | 5 | | governmental unit. No property devoted to a public use | 6 | | belonging to a corporation subject to the jurisdiction of the | 7 | | Illinois Commerce Commission may be acquired without a prior | 8 | | finding by the Illinois Commerce Commission that the taking | 9 | | would not result in the imposition of an undue burden on | 10 | | intrastate commerce. Eminent domain proceedings shall be | 11 | | conducted in all respects in the manner provided for the | 12 | | exercise of the right of the eminent domain under the Eminent | 13 | | Domain Act. No condemnation proceedings for the acquisition of | 14 | | new property shall be instituted without the prior concurrence | 15 | | of the affected Railroads in the route, width and title to be | 16 | | acquired thereby. Consistent with the Land Acquisition and | 17 | | Procedures Manual prepared by the Department of Transportation | 18 | | and updated through October 23, 2012, when a railroad company | 19 | | owns the fee title to its operating right-of-way and such | 20 | | property is acquired by the Authority to construct a grade | 21 | | separation facility, no compensation of any kind shall be made | 22 | | to the railroad to construct a grade separation facility where | 23 | | an existing highway crossing is eliminated; however, | 24 | | consideration shall be given if the size of the acquisition is | 25 | | different than the original right-of-way. All land and | 26 | | appurtenances thereto, acquired or owned by the Authority, are |
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| 1 | | to be deemed acquired or owned for a public use or public | 2 | | purpose. | 3 | | Section 30. Sale or exchange of property. The Authority | 4 | | has the power to sell, transfer, exchange, vacate, or assign | 5 | | property acquired for the purposes of this Act, as it deems | 6 | | appropriate. | 7 | | Section 35. Acceptance of grants, loans, and | 8 | | appropriations. The Authority has the power to apply for and | 9 | | accept grants, loans, advances, and appropriations from the | 10 | | federal government and from the State of Illinois, or any | 11 | | agency or instrumentality thereof, to be used for the purposes | 12 | | of the Authority, and to enter into any agreement in relation | 13 | | to such grants, loans, advances, and appropriations. The | 14 | | Authority may also accept from the State, or any State agency, | 15 | | department, or commission, any county or other political | 16 | | subdivision, any municipal corporation, any Railroads, school | 17 | | authorities, or jointly therefrom, grants of funds or services | 18 | | for any of the purposes of this Act. The Authority shall be | 19 | | treated as a rail carrier subject to the Illinois Commerce | 20 | | Commission's jurisdiction and eligible to receive money from | 21 | | the Grade Crossing Protection Fund, any fund of the State, or | 22 | | other source available for purposes of promoting safety and | 23 | | separation of at-grade railroad crossings or highway | 24 | | improvements. |
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| 1 | | The Illinois Commerce Commission Crossing Safety | 2 | | Improvement Program FY 2014-2018 Plan shall be revised to | 3 | | include this Authority's grade separation project as one of the | 4 | | bridge projects contemplated for FY 2015 through FY 2018, and | 5 | | funds from the Grade Crossing Protection Fund shall be | 6 | | allocated in the FY 2015 through FY 2018 Plan for said grade | 7 | | separation project. No Order of the Illinois Commerce | 8 | | Commission shall be effective or binding on the Authority to | 9 | | construct the grade separation project unless the federal | 10 | | government, the State of Illinois, or any agency or | 11 | | instrumentality thereof has granted or appropriated sufficient | 12 | | funds for the construction of the grade separation project and | 13 | | the Authority is in receipt of those funds. Notwithstanding, | 14 | | the Illinois Commerce Commission shall not withhold approval of | 15 | | the construction of the Authority's grade separation project or | 16 | | the issuance of any Orders that authorize the construction of | 17 | | the Authority's grade separation project. | 18 | | Section 40. Borrowing money and issuance of bonds. The | 19 | | Authority may incur debt and borrow money from time to time | 20 | | and, in evidence thereof, may issue and sell bonds in such | 21 | | amount or amounts as the Authority may determine in order to | 22 | | provide funds for carrying out the purposes of this Act and to | 23 | | pay all costs and expenses incident thereto. The Authority may | 24 | | refund and refinance, from time to time, bonds so issued and | 25 | | sold, as often as may be deemed to be advantageous by the |
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| 1 | | Authority. | 2 | | Section 45. Taxing powers. The Authority may not levy real | 3 | | property taxes for any purpose whatsoever. | 4 | | Section 50. Board; composition; qualification; | 5 | | compensation and expenses. The Authority shall be governed by | 6 | | a 9-member board consisting of members appointed by the | 7 | | Governor with the advice and consent of the Senate. Five | 8 | | members shall be voting members and 4 members shall be | 9 | | non-voting members. The voting members shall consist of the | 10 | | following: | 11 | | (1) two former public officials who served within the | 12 | | Township of Leyden or the Village of Elmwood Park and | 13 | | recommended to the Governor by the Village President of the | 14 | | Village of Elmwood Park; | 15 | | (2) two prior employees of Canadian Pacific Railway | 16 | | with management experience; and | 17 | | (3) one resident of the Township of Leyden or the | 18 | | Village of Elmwood Park. | 19 | | The non-voting members shall consist of the following: | 20 | | (1) the Village President of the Village of Elmwood | 21 | | Park; | 22 | | (2) one current employee of Canadian Pacific Railway | 23 | | with management experience; | 24 | | (3) one current employee of Northeast Illinois |
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| 1 | | Regional Commuter Railroad Corporation with management | 2 | | experience; and | 3 | | (4) one current employee of the Department of | 4 | | Transportation with management experience. | 5 | | The members of the board shall serve without compensation, | 6 | | but may be reimbursed for actual expenses incurred by them in | 7 | | the performance of their duties prescribed by the Authority. | 8 | | However, any member of the board who serves as secretary or | 9 | | treasurer may receive compensation for services as that | 10 | | officer. | 11 | | Section 55. Removal of members. The Governor may remove | 12 | | from office any board member immediately in case of | 13 | | incompetency, neglect of duty or malfeasance of office, or | 14 | | otherwise upon 15 days' written notice to the other members. | 15 | | Absence from any 3 consecutive regular meetings of the board | 16 | | shall be deemed neglect of duty. | 17 | | Section 60. Organization; chair and temporary secretary. | 18 | | As soon as possible after the effective date of this amendatory | 19 | | Act of the 98th General Assembly, the board shall organize for | 20 | | the transaction of business, select a chair from its voting | 21 | | members and a temporary secretary from its own number, and | 22 | | adopt bylaws to govern its proceedings. The initial chair and | 23 | | successors shall be elected by the board from time to time from | 24 | | among members. The Authority may act through its board members |
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| 1 | | by entering into an agreement that a member act on the | 2 | | Authority's behalf, in which instance the act or performance | 3 | | directed shall be deemed to be exclusively of, for, and by the | 4 | | Authority and not the individual act of the member or its | 5 | | represented person. | 6 | | Section 65. 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 of | 10 | | the members of the board by giving notice in writing that | 11 | | states the time, place, and purpose of the meeting. Notice of | 12 | | special meetings shall be served by special delivery letter | 13 | | deposited in the mail at least 48 hours before the meeting. A | 14 | | majority of the members of the board shall constitute a quorum | 15 | | for the transaction of business. All action of the Authority | 16 | | shall be by resolution of the board and, except as otherwise | 17 | | provided in this Act, the affirmative vote of at least a | 18 | | majority shall be necessary for the adoption of any resolution. | 19 | | The chair shall be entitled to vote on any and all matters | 20 | | coming before the board. | 21 | | Section 70. Secretary and treasurer; oaths; bond of | 22 | | treasurer. The board may appoint a secretary and a treasurer, | 23 | | who need not be members of the board, to hold office during the | 24 | | pleasure of the Authority and fix their duties and |
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| 1 | | compensation. Before entering into the duties of their | 2 | | respective offices, they shall take and subscribe to the | 3 | | constitutional oath of office, and the treasurer shall execute | 4 | | a bond with corporate sureties to be approved by the Authority. | 5 | | The bond shall be payable to the Authority in whatever penal | 6 | | sum may be directed by the board, conditioned upon the faithful | 7 | | performance of the duties of the office and the payment of all | 8 | | money received by the treasurer according to law and the orders | 9 | | of the Authority. The Authority may, at any time, require a new | 10 | | bond for the treasurer in such penal sum as may then be | 11 | | determined by the board. | 12 | | Section 75. Deposit and withdrawal of funds; signatures. | 13 | | All funds deposited by the treasurer in any bank or savings and | 14 | | loan association shall be placed in the name of the Authority | 15 | | and shall be withdrawn or paid out only by check or draft upon | 16 | | the bank or savings and loan association, signed by the | 17 | | treasurer and countersigned by the chair of the board. Subject | 18 | | to prior approval of the designations by a majority of the | 19 | | board, the chair may designate any other member or any officer | 20 | | of the Authority to affix the signature of the treasurer to any | 21 | | Authority check or draft for payment of salaries or wages and | 22 | | for payment of any other obligation of not more than $2,500. | 23 | | No bank or savings and loan association shall receive | 24 | | public funds as permitted by this Section unless it has | 25 | | complied with the requirements established under Section 6 of |
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| 1 | | the Public Funds Investment Act. | 2 | | Section 80. Delivery of check after executing officer | 3 | | ceases to hold office. If any officer whose signature appears | 4 | | upon any check or draft issued pursuant to this Act ceases to | 5 | | hold office before the delivery of the check or draft to the | 6 | | payee, the officer's signature nevertheless shall be valid and | 7 | | sufficient for all purposes with the same effect as if the | 8 | | officer had remained in office until delivery of the check or | 9 | | draft. | 10 | | Section 85. Rules. The Authority may make and the board | 11 | | may adopt all rules and regulations proper or necessary and to | 12 | | carry into effect the powers granted to it. The rules and | 13 | | regulations shall be consistent with the guidelines, | 14 | | objectives, and project scope as set out by the Illinois | 15 | | Commerce Commission. | 16 | | Section 90. Fiscal year. The Authority shall designate its | 17 | | fiscal year. | 18 | | Section 95. Reports and financial statements. Within 60 | 19 | | days after the end of its fiscal year, the Authority shall | 20 | | cause to be prepared by a certified public accountant a | 21 | | complete and detailed report and financial statement of the | 22 | | operations and assets and liabilities as relate to the Elmwood |
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| 1 | | Park Grade Separation Authority railroad grade separation | 2 | | project. A reasonably sufficient number of copies of the report | 3 | | shall be prepared for distribution to persons interested, upon | 4 | | request, and a copy of the report shall be filed with the | 5 | | Illinois Commerce Commission and with the county clerk of Cook | 6 | | County. | 7 | | Section 100. Construction. Nothing in this Act shall be | 8 | | construed to confer upon the Authority the right, power, or | 9 | | duty to order or enforce the abandonment of any present | 10 | | property of the railroads or the use in substitution therefor | 11 | | of any property acquired for the railroads in the absence of a | 12 | | contract duly executed by the railroads and the Authority | 13 | | setting forth the terms and conditions upon which relocation of | 14 | | the right-of-way and physical facilities of the railroads is to | 15 | | be accomplished. No such contract shall be or become | 16 | | enforceable until the provisions of the contract have been | 17 | | approved or authorized by the Illinois Commerce Commission. | 18 | | Any construction improvements to signaling or any other | 19 | | aspect of the grade separation project dictated by the Railroad | 20 | | or the Northeast Illinois Regional Commuter Railroad | 21 | | Corporation shall be paid for respectively by the Railroad or | 22 | | the Northeast Illinois Regional Commuter Railroad Corporation. | 23 | | The Railroad or the Northeast Illinois Regional Commuter | 24 | | Railroad Corporation, or both, shall specifically pay any and | 25 | | all costs associated with any upgrades to the railway. |
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| 1 | | Section 105. Existing contracts, obligations, and | 2 | | liabilities. No contract, obligation, or liability whatever of | 3 | | the railroads to pay any money into the State treasury, nor any | 4 | | lien of the State upon or right to tax property of the | 5 | | railroads, shall be released, suspended, modified, altered, | 6 | | remitted, or in any manner diminished or impaired by the | 7 | | contract with the Authority, and any such charter provisions | 8 | | applicable to the property on which the railroads are now | 9 | | located shall be deemed in full force and effect with respect | 10 | | to any property on which the railroads are relocated in | 11 | | substitution therefor pursuant to the provisions of this Act or | 12 | | any such contract with the Authority pursuant thereto. | 13 | | Notwithstanding, upon order of the Illinois Commerce | 14 | | Commission, the Authority shall succeed to and assume the | 15 | | performance and actions of the represented persons under the | 16 | | terms of the order and amending orders previously entered | 17 | | relative to the Elmwood Park Grade Separation Authority project | 18 | | undertaken by the Authority and consistent with the objectives | 19 | | of the Authority. | 20 | | Section 110. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes. | 22 | | Section 120. The Eminent Domain Act is amended by adding | 23 | | Section 15-5-47 as follows: |
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| 1 | | (735 ILCS 30/15-5-47 new) | 2 | | Sec. 15-5-47. Eminent domain powers in new Acts. The | 3 | | following provisions of law may include express grants of the | 4 | | power to acquire property by condemnation or eminent domain: | 5 | | The Elmwood Park Grade Separation Authority Act; Elmwood Park | 6 | | Grade Separation Authority; for general purposes.
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law. |
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