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91_SB1577
LRB9110397MWgcA
1 AN ACT creating the Southwest Suburban Railroad
2 Relocation and Redevelopment Authority.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Southwest Suburban Railroad Relocation and Development
7 Authority Act.
8 Section 5. Legislative declaration. The General
9 Assembly declares that the welfare, health, prosperity, and
10 moral and general well-being of the people of the State are,
11 in large measure, dependent upon the sound and orderly
12 development of municipal areas. The Southwest Suburban area,
13 by reason of the location therein of vital roadways and their
14 use for vehicular travel in access to the entire southwest
15 metropolitan Chicago area, as well as commercial and
16 industrial growth patterns and accessibility to manufacturing
17 and freight-related facilities, have become and will
18 increasingly be the hub of transportation from all parts of
19 the region and throughout the southwest metropolitan area.
20 Motor vehicle traffic, pedestrian travel, and the safety of
21 both motorists and pedestrians are substantially aggravated
22 by the location of railroad grade crossings. Additionally,
23 certain development opportunities may exist in the project
24 area that would stabilize and enhance the tax base of
25 existing communities, maintain and revitalize existing
26 commerce and industry, and promote comprehensive planning
27 within and between communities. The presence of the railroad
28 grade crossings are detrimental to the orderly expansion of
29 industry and commerce and to progress of the region. To
30 alleviate this situation it is necessary to relocate the
31 railroad tracks, to separate the grades at crossing, to
32 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 10. Creation; duration. There is created a body
5 politic and corporate, a unit of local government, named the
6 Southwest Suburban Railroad Relocation and Development
7 Authority, embracing the communities of Chicago Ridge,
8 Evergreen Park, Posen, Blue Island, and Merrionette Park. The
9 Authority shall continue in existence until the
10 accomplishment of its objective, the relocation of railroad
11 tracks and roadways and the grade separation of railroads
12 from the right-of-way and at-grade crossing closures within
13 the Southwest Suburban area, or until the Authority
14 officially resolves that it is impossible or economically
15 unfeasible to fulfill that objective.
16 Section 15. Acquisition of property. The Authority has
17 the power to acquire by gift, purchase, or legacy the fee
18 simple title to real property located within the boundaries
19 of the Authority, including temporary and permanent
20 easements, as well as reversionary interests in the streets,
21 alleys, and other public places and personal property,
22 required for its purposes, and title thereto shall be taken
23 in the corporate name of the Authority. Any such property
24 that is already devoted to a public use may nevertheless be
25 acquired, provided that no property belonging to the United
26 States of America or the State of Illinois may be acquired
27 without the consent of that governmental unit. No property
28 devoted to a public use belonging to a corporation subject to
29 the jurisdiction of the Illinois Commerce Commission may be
30 acquired without a prior finding by the Illinois Commerce
31 Commission that the taking would not result in the imposition
32 of an undue burden on intrastate commerce. All land and
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1 appurtenances thereto, acquired or owned by the Authority,
2 are to be deemed acquired or owned for a public use or public
3 purpose.
4 Section 20. Sale or exchange of property. The Authority
5 has the power to sell, transfer, exchange, vacate, or assign
6 property acquired for the purposes of this Act as it deems
7 appropriate.
8 Section 25. Acceptance of grants, loans, and
9 appropriations. The Authority has the power to apply for and
10 accept grants, loans, advances, and appropriations from the
11 federal government and from the State of Illinois or any
12 agency or instrumentality thereof to be used for the purposes
13 of the Authority, and to enter into any agreement in relation
14 to the grants, loans, advances, and appropriations. The
15 Authority may also accept from the State, any State agency,
16 department, or commission, any county or other political
17 subdivision, any municipal corporation, any railroad, any
18 school authority, or jointly therefrom, grants of funds or
19 services for any of the purposes of this Act. The Authority
20 shall be treated as a rail carrier subject to the Illinois
21 Commerce Commission's jurisdiction and eligible to receive
22 money from the Grade Crossing Protection Fund or any fund of
23 the State or other source available for purposes of promoting
24 safety and separation of at-grade railroad crossings or
25 highway improvements.
26 Section 30. Borrowing money and issuance of bonds. The
27 Authority may incur debt and borrow money from time to time
28 and, in evidence thereof, may issue and sell bonds in any
29 amount or amounts that the Authority may determine, to
30 provide funds for carrying out the purposes of this Act, and
31 to pay all costs and expenses incident thereto, and to refund
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1 and refinance, from time to time, bonds so issued and sold,
2 as often as may be deemed to be advantageous by the
3 Authority.
4 Section 35. Taxing powers. The Authority may not levy
5 real property taxes for any purpose whatsoever.
6 Section 40. Board; compensation and expenses. The
7 Authority shall be governed by a 5-member board consisting of
8 the mayors, or the mayors' designees, of Chicago Ridge,
9 Evergreen Park, Posen, Blue Island, and Merrionette Park.
10 The office of Chair shall rotate annually and shall represent
11 Chicago Ridge, Evergreen Park, Posen, Blue Island, and
12 Merrionette Park, respectively. Each representative member
13 shall take and subscribe the constitutional oath of office
14 and file it with the Secretary of State. The members of the
15 board shall serve without compensation, but may be reimbursed
16 for actual expenses incurred by them in the performance of
17 duties prescribed by the Authority. However, any member of
18 the board who serves as secretary or treasurer may receive
19 compensation for services as that officer.
20 Section 45. Organization; chair and temporary secretary.
21 As soon as possible after the effective date of this Act, the
22 board shall organize for the transaction of business, select
23 a Chair and a temporary Secretary from its own number, and
24 adopt by-laws to govern its proceedings. The initial Chair
25 and successors shall be elected by the board from time to
26 time from among members. The board may act through its
27 members by entering into an agreement that a member act on
28 the board's behalf, in which instance the act or performance
29 directed shall be deemed to be exclusively of, for, and by
30 the board and not the individual act of the member or its
31 represented person.
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1 Section 50. Meetings; quorum; resolutions. Regular
2 meetings of the board shall be held at least quarterly, the
3 time and place of those meetings to be fixed by the board.
4 Special meetings may be called by the Chair or by any 3
5 members of the board by giving notice thereof in writing,
6 stating the time, place, and purpose of the meeting. The
7 notice shall be served by special delivery letter deposited
8 in the mails at least 48 hours before the meeting. A
9 majority of the members of the board shall constitute a
10 quorum for the transaction of business. All action of the
11 board shall be by resolution and, except as otherwise
12 provided in this Act, the affirmative vote of at least a
13 majority shall be necessary for the adoption of any
14 resolution. The Chair shall be entitled to vote on any and
15 all matters coming before the board.
16 Section 55. Secretary and Treasurer; oaths; bond of
17 Treasurer. The board may appoint a Secretary and a
18 Treasurer, who need not be members of the board, to hold
19 office at the pleasure of the board, and fix their duties and
20 compensation. Before entering upon the duties of their
21 respective offices, they shall take and subscribe to the
22 constitutional oath of office, and the Treasurer shall
23 execute a bond with corporate sureties to be approved by the
24 board. The bond shall be payable to the Authority in
25 whatever penal sum may be directed by the board conditioned
26 upon the faithful performance of the duties of the office and
27 the payment of all money received by the Treasurer according
28 to law and the orders of the board. The board may, at any
29 time, require a new bond for the Treasurer in any penal sum
30 that may then be determined by the board.
31 Section 60. Deposit and withdrawal of funds; signatures.
32 All funds deposited by the Treasurer in any bank or savings
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1 and loan association shall be placed in the name of the
2 Authority and shall be withdrawn or paid out only by check or
3 draft upon the bank or savings and loan association, signed
4 by the Treasurer and countersigned by the Chair of the board.
5 Subject to prior approval of the designations by a majority
6 of the board, the Chair may designate any other member or any
7 officer of the Authority to affix the signature of the
8 Treasurer to any Authority check or draft for payment of
9 salaries or wages and for payment of any other obligation of
10 not more than $2,500.
11 No bank or savings and loan association shall receive
12 public funds as permitted by this Section unless it has
13 complied with the requirements established under Section 6 of
14 the Public Funds Investment Act.
15 Section 65. Delivery of check after executing officer
16 ceases to hold office. If any officer whose signature appears
17 upon any check or draft issued pursuant to this Act ceases to
18 hold office before the delivery of the check or draft to the
19 payee, the officer's signature nevertheless shall be valid
20 and sufficient for all purposes with the same effect as if
21 the officer had remained in office until delivery of the
22 check or draft.
23 Section 70. Rules. The board may make all rules and
24 regulations proper or necessary and to carry into effect the
25 powers granted to it. The rules and regulations shall be
26 consistent with the guidelines, objectives, and project scope
27 as set out by the Illinois Commerce Commission.
28 Section 75. Fiscal year. The Authority shall designate
29 its fiscal year.
30 Section 80. Reports and financial statements. Within 60
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1 days after the end of its fiscal year, the board shall cause
2 to be prepared by a certified public accountant a complete
3 and detailed report and financial statement of the operations
4 and assets and liabilities as relate to the projects
5 undertaken by the Authority. A reasonably sufficient number
6 of copies of the report shall be prepared for distribution to
7 persons interested, upon request, and a copy of the report
8 shall be filed with the Illinois Commerce Commission and with
9 the county clerk of Cook County.
10 Section 85. Construction. Nothing in this Act shall be
11 construed to confer upon the Authority the right, power, or
12 duty to order or enforce the abandonment of any present
13 property of the railroads or the use in substitution therefor
14 of any property acquired for the railroads in the absence of
15 a contract duly executed by the railroads and the Authority
16 setting forth the terms and conditions upon which relocation
17 of the right-of-way and physical facilities of the railroads
18 is to be accomplished. No such contract shall be or become
19 enforceable until the provisions of the contract have been
20 approved or authorized by the Illinois Commerce Commission.
21 Section 90. Existing contracts, obligations, and
22 liabilities. No contract, obligation, or liability whatever
23 of the railroads to pay any money into the State treasury,
24 nor any lien of the State upon or right to tax property of
25 the railroads, shall be released, suspended, modified,
26 altered, remitted, or in any manner diminished or impaired by
27 the contract with the Authority, and any such charter
28 provisions applicable to the property on which the railroads
29 are now located shall be deemed in full force and effect with
30 respect to any property on which the railroads are relocated
31 in substitution therefor pursuant to the provisions of this
32 Act or any such contract with the Authority pursuant thereto.
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1 Notwithstanding, upon order of the Illinois Commerce
2 Commission, the Authority shall succeed to and assume the
3 performance and actions of the represented persons under the
4 terms of the order and amending orders previously entered
5 relative to projects undertaken by the Authority and
6 consistent with the objectives of the Authority.
7 Section 95. Severability. The provisions of this Act
8 are severable under Section 1.31 of the Statute on Statutes.
9 Section 999. Effective date. This Act takes effect upon
10 becoming law.