[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB1478enr HB1478 Enrolled LRB9202087DHmb 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 5. 5 Section 5-1. Short title. This Article may be cited as 6 the Dixon Railroad Relocation Authority Law. 7 Section 5-5. Legislative declaration. The General 8 Assembly declares that the welfare, health, prosperity, and 9 moral and general well being of the people of the State are, 10 in large measure, dependent upon the sound and orderly 11 development of municipal areas. The City of Dixon has become 12 and will increasingly be the hub of transportation from all 13 parts of the region. Motor vehicle traffic, pedestrian 14 travel, and the safety of both motorists and pedestrians are 15 substantially aggravated by the location of a railroad spur 16 line running through the City of Dixon. The presence of the 17 railroad spur line in the City of Dixon is detrimental to the 18 orderly expansion of industry and commerce and to progress of 19 the region. To alleviate this situation it is necessary to 20 relocate the railroad, to acquire property for relocation of 21 the railroad or highways, and to create an agency to 22 facilitate and accomplish that relocation. 23 Section 5-10. Creation; duration. There is created a 24 body politic and corporate and a unit of local government 25 named the Dixon Railroad Relocation Authority, embracing Lee 26 County. The Authority shall continue in existence until the 27 accomplishment of its objective, the relocation of the 28 railroad spur line running through the City of Dixon or until 29 the Authority officially resolves that it is impossible or 30 economically unfeasible to fulfill that objective. HB1478 Enrolled -2- LRB9202087DHmb 1 Section 5-15. Acquisition of property. The Authority 2 shall have the power to acquire by gift, purchase, or legacy 3 the fee simple title to real property located within the 4 boundaries of the Authority, including temporary and 5 permanent easements, as well as reversionary interests in the 6 streets, alleys and other public places and personal 7 property, required for its purposes, and title thereto shall 8 be taken in the corporate name of the Authority. Any such 9 property that is already devoted to a public use may 10 nevertheless be acquired, provided that no property belonging 11 to the United States of America or the State of Illinois may 12 be acquired without the consent of such governmental unit. 13 No property devoted to a public use belonging to a 14 corporation subject to the jurisdiction of the Illinois 15 Commerce Commission may be acquired without a prior finding 16 by the Illinois Commerce Commission that the taking would not 17 result in the imposition of an undue burden on instrastate 18 commerce. All land and appurtenances thereto, acquired or 19 owned by the Authority, are to be deemed acquired or owned 20 for a public use or public purpose. 21 Section 5-20. Sale or exchange of property. The 22 Authority shall have the power to sell, transfer, exchange, 23 vacate or assign property acquired for the purposes of this 24 Act as it shall deem appropriate. 25 Section 5-25. Acceptance of grants, loans, and 26 appropriations. The Authority shall have the power to apply 27 for and accept grants, loans, advances, and appropriations 28 from the Federal Government and from the State of Illinois or 29 any agency or instrumentality thereof to be used for the 30 purposes of the Authority, and to enter into any agreement in 31 relation to such grants, loans, advances, and appropriations. 32 The Authority may also accept from the State, any State HB1478 Enrolled -3- LRB9202087DHmb 1 agency, department or commission, any county or other 2 political subdivision, any municipal corporation, any 3 railroad, or any school authorities, or jointly therefrom, 4 grants of funds or services for any of the purposes of this 5 Article. The Authority shall be treated as a rail carrier 6 subject to the Illinois Commerce Commission's jurisdiction 7 and eligible to receive money from the Grade Crossing 8 Protection Fund or any fund of the State or other source 9 available for purposes of promoting safety and separation of 10 at-grade railroad crossings or highway improvements. 11 Section 5-30. Borrowing money and issuance of bonds. 12 The Authority may incur debt and borrow money from time to 13 time and, in evidence thereof, may issue and sell bonds in 14 such amounts as the Authority may determine, to provide funds 15 for carrying out the purposes of this Article and to pay all 16 costs and expenses incident thereto, and to refund and 17 refinance, from time to time, bonds so issued and sold, as 18 often as may be deemed to be advantageous by the Authority. 19 Section 5-35. Taxing powers. The Authority shall not 20 have the power to levy real property taxes for any purpose 21 whatsoever. 22 Section 5-40. Board; composition; qualification; 23 compensation and expenses. The Authority shall be governed 24 by a board consisting of 5 members. The members of the 25 Authority shall serve without compensation, but may be 26 reimbursed for actual expenses incurred by them in the 27 performance of duties prescribed by the Authority. However, 28 any member of the Authority who serves as secretary or 29 treasurer may receive compensation for services as that 30 officer. HB1478 Enrolled -4- LRB9202087DHmb 1 Section 5-45. Appointments; tenure; oaths; vacancies. 2 The members of the Authority shall be appointed by the 3 Governor, who shall give notice of the member's selection to 4 each other member within 10 days after selection and before 5 the member's entering upon the duties of office. Three of 6 the members shall be appointed by the Governor from a list of 7 4 candidates provided by the mayor of the City of Dixon, and 8 2 of the members shall be appointed by the Governor from a 9 list of 3 candidates provided by the chairman of the county 10 board of Lee County. Each member of the Authority shall take 11 and subscribe to the constitutional oath of office and file 12 it with the Secretary of State. If a vacancy occurs by 13 death, resignation, or otherwise, the vacancy shall be filled 14 by the Governor. All appointments of members shall be for a 15 3-year term. Each member shall continue to serve an 16 additional 3-year term unless that member is replaced by 17 appointment within 60 days of the end of his or her term. 18 Section 5-50. Removal of members. The Governor may 19 remove from office any Authority member immediately in case 20 of incompetency, neglect of duty, or malfeasance of office, 21 or otherwise upon 15 days written notice to the other 22 members. Absence from any 3 consecutive regular meetings of 23 the Authority shall be deemed neglect of duty. 24 Section 5-55. Organization; chairperson and temporary 25 Secretary. As soon as possible after the appointment of the 26 initial members, the Authority shall organize for the 27 transaction of business, select a chairperson and a temporary 28 secretary from its own number, and adopt bylaws to govern its 29 proceedings. The initial chairperson and successors shall be 30 elected by the Authority from time to time from among the 31 members. The Authority may act through its members by 32 entering into an agreement that a member act on the HB1478 Enrolled -5- LRB9202087DHmb 1 Authority's behalf, in which instance the act or performance 2 directed shall be deemed to be exclusively of, for, and by 3 the Authority and not the individual act of the member or its 4 represented person. 5 Section 5-60. Meetings; quorum; resolutions. Regular 6 meetings of the Authority shall be held at least quarterly, 7 the time and place of those meetings to be fixed by the 8 Authority. Special meetings may be called by the chairperson 9 or by any 3 members of the Authority by giving notice thereof 10 in writing, stating the time, place, and purpose of the 11 meeting. The notice shall be served by special delivery 12 letter deposited in the mail at least 48 hours before the 13 meeting. A majority of the members of the Authority shall 14 constitute a quorum for the transaction of business. All 15 action of the Authority shall be by resolution and, except as 16 otherwise provided in this Article, the affirmative vote of 17 at least a majority shall be necessary for the adoption of 18 any resolution. The chairperson shall be entitled to vote on 19 any and all matters coming before the Authority. 20 Section 5-65. Secretary and treasurer; oaths; bond of 21 treasurer. The Authority may appoint a secretary and a 22 treasurer, who need not be members of the Authority, to hold 23 office during the pleasure of the Authority, and fix their 24 duties and compensation. Before entering upon the duties of 25 their respective offices, they shall take and subscribe to 26 the constitutional oath of office, and the treasurer shall 27 execute a bond with corporate sureties to be approved by the 28 Authority. The bond shall be payable to the Authority in 29 whatever penal sum may be directed by the Authority 30 conditioned upon the faithful performance of the duties of 31 the office and the payment of all money received by the 32 treasurer according to law and the orders of the Authority. HB1478 Enrolled -6- LRB9202087DHmb 1 The Authority may, at any time, require a new bond for the 2 treasurer in such penal sum as may then be determined by the 3 Authority. 4 Section 5-70. Deposit and withdrawal of funds; 5 signatures. All funds deposited by the treasurer in any bank 6 or savings and loan association shall be placed in the name 7 of the Authority and shall be withdrawn or paid out only by 8 check or draft upon the bank or savings and loan association, 9 signed by the treasurer and countersigned by the chairperson 10 of the Authority. Subject to prior approval of the 11 designations by a majority of the Authority, the chairperson 12 may designate any other member or any officer of the 13 Authority to affix the signature of the treasurer to any 14 Authority check or draft for payment of salaries or wages and 15 for payment of any other obligation of not more than $2,500. 16 No bank or savings and loan association shall receive 17 public funds as permitted by this Section unless it has 18 complied with the requirements established under Section 6 of 19 the Public Funds Investment Act. 20 Section 5-75. Delivery of check after executing officer 21 ceases to hold office. If any officer whose signature appears 22 upon any check or draft issued pursuant to this Article 23 ceases to hold office before the delivery of the check or 24 draft to the payee, the officer's signature nevertheless 25 shall be valid and sufficient for all purposes with the same 26 effect as if the officer had remained in office until 27 delivery of the check or draft. 28 Section 5-80. Rules. The Authority may make all rules 29 proper or necessary to carry into effect the powers granted 30 to it. The rules shall be consistent with the guidelines, 31 objectives, and project scope as set out by the Illinois HB1478 Enrolled -7- LRB9202087DHmb 1 Commerce Commission. 2 Section 5-85. Fiscal year. The Authority shall 3 designate its fiscal year. 4 Section 5-90. Reports and financial statements. Within 5 60 days after the end of its fiscal year, the Authority shall 6 cause to be prepared by a certified public accountant a 7 complete and detailed report and financial statement of the 8 operations and assets and liabilities as related to the Dixon 9 railroad relocation project. A reasonably sufficient number 10 of copies of the report shall be prepared for distribution to 11 persons interested, upon request, and a copy of the report 12 shall be filed with the Illinois Commerce Commission and with 13 the county clerk of Lee County. 14 Section 5-95. Construction. Nothing in this Article 15 shall be construed to confer upon the Authority the right, 16 power, or duty to order or enforce the abandonment of any 17 present property of the railroads or the use in substitution 18 therefor of any property acquired for the railroads in the 19 absence of a contract duly executed by the railroads and the 20 Authority setting forth the terms and conditions upon which 21 relocation of the right of way and physical facilities of the 22 railroads is to be accomplished. No such contract shall be 23 or become enforceable until the provisions of the contract 24 have been approved or authorized by the Illinois Commerce 25 Commission. 26 Section 5-100. Existing contracts, obligations, and 27 liabilities. No contract, obligation, or liability whatever 28 of the railroads to pay any money into the State treasury, 29 nor any lien of the State upon or right to tax property of 30 the railroads, shall be released, suspended, modified, HB1478 Enrolled -8- LRB9202087DHmb 1 altered, remitted, or in any manner diminished or impaired by 2 the contract with the Authority, and any such charter 3 provisions applicable to the property on which the railroads 4 are now located shall be deemed in full force and effect with 5 respect to any property on which the railroads are relocated 6 in substitution therefor pursuant to the provisions of this 7 Act or any such contract with the Authority pursuant thereto. 8 Notwithstanding, upon order of the Illinois Commerce 9 Commission, the Authority shall succeed to and assume the 10 performance and actions of the represented persons under the 11 terms of the order and amending orders previously entered 12 relative to the Dixon railroad relocation project and 13 consistent with the objectives of the Authority. 14 Section 5-105. Severability. The provisions of this Act 15 are severable under Section 1.31 of the Statute on Statutes. 16 ARTICLE 10. 17 Section 10-5. The 25th Avenue Railroad Relocation and 18 Development Authority Act is amended by changing the title of 19 the Act and Sections 1, 5, 10, 40, 45, 60, and 90 as follows: 20 (70 ILCS 1920/Act title) 21 An Act creating the West Cook25th AvenueRailroad 22 Relocation and Redevelopment Authority. 23 (70 ILCS 1920/1) 24 Sec. 1. Short title. This Act may be cited as the West 25 Cook25th AvenueRailroad Relocation and Development 26 Authority Act. 27 (Source: P.A. 91-562, eff. 8-14-99.) 28 (70 ILCS 1920/5) HB1478 Enrolled -9- LRB9202087DHmb 1 Sec. 5. Legislative declaration. The General Assembly 2 declares that the welfare, health, prosperity, and moral and 3 general well being of the people of the State are, in large 4 measure, dependent upon the sound and orderly development of 5 municipal areas. The Village of Bellwood, the Village of 6 Maywood, and the Village of Melrose Park, by reason of the 7 location therein of 25th Avenue and the First Avenue vicinity 8 between Lake Street on the North, Oak Street on the South, 9 the Des Plaines River on the East, and Fifth Avenue on the 10 West and theiritsuse for vehicular travel in access to the 11 entire west metropolitan Chicago area, including 12 municipalities in 2 counties, as well as commercial and 13 industrial growth patterns and accessibility to O'Hare 14 International Airport, Midway Airport, manufacturing, and 15 freight related facilities, have become and will increasingly 16 be the hub of transportation from all parts of the region and 17 throughout the west metropolitan area. Motor vehicle 18 traffic, pedestrian travel, and the safety of both motorists 19 and pedestrians are substantially aggravated by the location 20 of a major railroad right of way that divides the Village of 21 Bellwood and the Village of Melrose Park. Additionally, 22 certain development opportunities may exist in the project 23 area that would stabilize and enhance the tax base of 24 existing communities, maintain and revitalize existing 25 commerce and industry, create opportunities for intersurface 26 modal transportation efficiencies, and promote comprehensive 27 planning within and between communities. The presence of the 28 railroad right of way at the 25th Avenue grade crossing is 29 detrimental to the orderly expansion of industry and commerce 30 and to progress of the region. To alleviate this situation 31 it is necessary to relocate the railroad tracks and right of 32 way on 25th Avenue and First Avenue, to separate the grades 33 at crossingscrossing, to acquire property for relocation or 34 submergence of the railroad or highways, to create an agency HB1478 Enrolled -10- LRB9202087DHmb 1 to facilitate and accomplish that relocation, and to direct 2 infrastructure and development improvements in the 25th 3 Avenue vicinity between St. Charles Road and Lake Street and 4 the First Avenue vicinity between Lake Street on the North, 5 Oak Street on the South, the Des Plaines River on the East, 6 and Fifth Avenue on the West. 7 Additionally, certain development opportunities may exist 8 in the West Cook County region from Harlem Avenue on the East 9 to I-294 on the West and from Grand Avenue on the North to 10 31st Street on the South that would stabilize and enhance the 11 tax base of existing communities, maintain and revitalize 12 existing commerce and industry, create opportunities for 13 modal transportation efficiencies, and promote comprehensive 14 planning within and between communities. 15 (Source: P.A. 91-562, eff. 8-14-99.) 16 (70 ILCS 1920/10) 17 Sec. 10. Creation; duration. There is created a body 18 politic and corporate, a unit of local government, named the 19 West Cook25th AvenueRailroad Relocation and Development 20 Authority, embracing that portion of Proviso Township 21 embracing that portion of the Village of Bellwood and the 22 Village of Melrose Park from St. Charles Road on the South to 23 Lake Street on the North, and from the Indiana Harbor Belt 24 Railroad on the West to 22nd Avenue on the East, Cook County, 25 Illinois and the Village of Maywood, Cook County, Illinois. 26 The Authority shall continue in existence until the 27 accomplishment of its objective, the relocation of the 28 railroad tracks and 25th Avenue, the grade separation of 29 railroads from the right of way and at-grade crossing 30 closures within the Village of Bellwood and the Village of 31 Melrose Park, the grade separation of railroads from the 32 right-of-way and at grade crossing in the First Avenue 33 vicinity between Lake Street, Oak Street, the Des Plaines HB1478 Enrolled -11- LRB9202087DHmb 1 River, and Fifth Avenue, and the establishment of a 2 transit-oriented intersurface modal development facility in 3 the project area, or until the Authority officially resolves 4 that it is impossible or economically unfeasible to fulfill 5 that objective. 6 (Source: P.A. 91-562, eff. 8-14-99.) 7 (70 ILCS 1920/40) 8 Sec. 40. Board; composition; qualification; compensation 9 and expenses. The Authority shall be governed by a board 10 consisting of 75members. The members of the Authority 11 shall serve without compensation, but may be reimbursed for 12 actual expenses incurred by them in the performance of duties 13 prescribed by the Authority. However, any member of the 14 Authority who serves as secretary or treasurer may receive 15 compensation for services as that officer. 16 (Source: P.A. 91-562, eff. 8-14-99.) 17 (70 ILCS 1920/45) 18 Sec. 45. Appointments; tenure; oaths; vacancies. The 19 members of the Authority shall be appointed by the Governor, 20 who shall give notice of the member's selection to each other 21 member within 10 days after selection and before the member's 22 entering upon the duties of office. Two of the members shall 23 be recommended to the Governor from a list of 3 candidates 24 provided by the village president of the Village of Bellwood, 25 2 of the members shall be recommended to the Governor from a 26 list of 3 candidates provided by the village president of the 27 Village of Maywood, and 2 of the members shall be recommended 28 to the Governor from a list of 3 candidates provided by the 29 village president of the Village of Melrose Park. The office 30 of chairman shall rotate annually and shall represent the 31 Village of Bellwood, the Village of Melrose Park, the Village 32 of Maywood, and the Governor's appointments, respectively, HB1478 Enrolled -12- LRB9202087DHmb 1 for each of the 3 years of the term of office. Each 2 representative member of the Authority shall take and 3 subscribe to the constitutional oath of office and file it 4 with the Secretary of State. If a vacancy occurs by death, 5 resignation, or otherwise, the vacancy shall be filled by the 6 appropriate selecting party. All appointments of members 7 shall be for a 3-year term. Each member shall continue to 8 serve an additional 3-year term unless that member is 9 replaced by appointment within 60 days of the end of his or 10 her term. 11 (Source: P.A. 91-562, eff. 8-14-99.) 12 (70 ILCS 1920/60) 13 Sec. 60. Meetings; quorum; resolutions. Regular 14 meetings of the Authority shall be held at least quarterly, 15 the time and place of those meetings to be fixed by the 16 Authority. Special meetings may be called by the Chair or by 17 any 43members of the Authority by giving notice thereof in 18 writing, stating the time, place, and purpose of the meeting. 19 The notice shall be served by special delivery letter 20 deposited in the mails at least 48 hours before the meeting. 21 A majority of the members of the Authority shall constitute a 22 quorum for the transaction of business. All action of the 23 Authority shall be by resolution and, except as otherwise 24 provided in this Act, the affirmative vote of at least a 25 majority shall be necessary for the adoption of any 26 resolution. The Chair shall be entitled to vote on any and 27 all matters coming before the Authority. 28 (Source: P.A. 91-562, eff. 8-14-99.) 29 (70 ILCS 1920/90) 30 Sec. 90. Reports and financial statements. Within 60 31 days after the end of its fiscal year, the Authority shall 32 cause to be prepared by a certified public accountant a HB1478 Enrolled -13- LRB9202087DHmb 1 complete and detailed report and financial statement of the 2 operations and assets and liabilities as relate to the 25th 3 Avenue railroad grade separation project and the First Avenue 4 railroad grade separation project. A reasonably sufficient 5 number of copies of the report shall be prepared for 6 distribution to persons interested, upon request, and a copy 7 of the report shall be filed with the Illinois Commerce 8 Commission and with the county clerk of Cook County. 9 (Source: P.A. 91-562, eff. 8-14-99.) 10 ARTICLE 99. 11 Section 99-1. Effective date. This Act takes effect 12 upon becoming law.