State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]




 1                    AMENDMENT TO SENATE BILL 400

 2        AMENDMENT NO.     .  Amend Senate Bill 400  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Southwest Suburban Railroad Redevelopment Authority Act.

 6        Section   5.  Legislative   declaration.    The   General
 7    Assembly declares that the welfare, health,  prosperity,  and
 8    moral  and general well-being of the people of the State are,
 9    in large  measure,  dependent  upon  the  sound  and  orderly
10    development of municipal areas.  The Southwest Suburban area,
11    by reason of the location therein of vital roadways and their
12    use  for  vehicular  travel in access to the entire southwest
13    metropolitan  Chicago  area,  as  well  as   commercial   and
14    industrial growth patterns and accessibility to manufacturing
15    and   freight-related   facilities,   have  become  and  will
16    increasingly be the hub of transportation from all  parts  of
17    the  region  and  throughout the southwest metropolitan area.
18    Motor vehicle traffic, pedestrian travel, and the  safety  of
19    both  motorists  and pedestrians are substantially aggravated
20    by the location of railroad grade  crossings.   Additionally,
21    certain  development  opportunities  may exist in the project
22    area that  would  stabilize  and  enhance  the  tax  base  of
                            -2-              LRB9207500MWpkam
 1    existing   communities,   maintain  and  revitalize  existing
 2    commerce and industry,  and  promote  comprehensive  planning
 3    within and between communities.  The presence of the railroad
 4    grade  crossings  are detrimental to the orderly expansion of
 5    industry and commerce and to  progress  of  the  region.   To
 6    alleviate  this  situation  it  is  necessary to relocate the
 7    railroad tracks, to  separate  the  grades  at  crossing,  to
 8    acquire   property  for  relocation  or  submergence  of  the
 9    railroad or highways, to create an agency to  facilitate  and
10    accomplish  that relocation, and to direct infrastructure and
11    development improvements in the Southwest Suburban area.

12        Section 10.  Creation; duration.  There is created a body
13    politic and corporate, a unit of local government, named  the
14    Southwest    Suburban   Railroad   Redevelopment   Authority,
15    embracing  the  municipalities  of  Chicago  Ridge,  Burbank,
16    Bedford Park,  Worth,  Lansing,  Glenwood,  Chicago  Heights,
17    Robbins,  Markham,  Tinley  Park,  Orland  Park,  Palos Park,
18    Crestwood, Dolton,  Riverdale,  Harvey,  Oak  Lawn,  Dixmoor,
19    Bridgeview,  Alsip,  Oak  Forest,  Midlothian, Palos Heights,
20    Evergreen Park, Posen, Blue  Island,  and  Merrionette  Park.
21    The   Authority   shall   continue  in  existence  until  the
22    accomplishment of its objective, the relocation  of  railroad
23    tracks  and  roadways  and  the grade separation of railroads
24    from the right-of-way and at-grade crossing  closures  within
25    the   Southwest  Suburban  area,    or  until  the  Authority
26    officially resolves that it  is  impossible  or  economically
27    unfeasible to fulfill that objective.

28        Section  15.  Acquisition of property.  The Authority has
29    the power to acquire by gift, purchase,  or  legacy  the  fee
30    simple  title  to real property located within the boundaries
31    of  the  Authority,   including   temporary   and   permanent
32    easements,  as well as reversionary interests in the streets,
                            -3-              LRB9207500MWpkam
 1    alleys,  and  other  public  places  and  personal  property,
 2    required for its purposes, and title thereto shall  be  taken
 3    in  the  corporate  name of the Authority.  Any such property
 4    that is already devoted to a public use may  nevertheless  be
 5    acquired,  provided  that no property belonging to the United
 6    States of America or the State of Illinois  may  be  acquired
 7    without  the  consent of that governmental unit.  No property
 8    devoted to a public use belonging to a corporation subject to
 9    the jurisdiction of the Illinois Commerce Commission  may  be
10    acquired  without  a  prior  finding by the Illinois Commerce
11    Commission that the taking would not result in the imposition
12    of an undue burden on  intrastate  commerce.   All  land  and
13    appurtenances  thereto,  acquired  or owned by the Authority,
14    are to be deemed acquired or owned for a public use or public
15    purpose.

16        Section 20.  Sale or exchange of property.  The Authority
17    has the power to sell, transfer, exchange, vacate, or  assign
18    property  acquired  for  the purposes of this Act as it deems
19    appropriate.

20        Section   25.  Acceptance   of   grants,    loans,    and
21    appropriations.  The Authority has the power to apply for and
22    accept  grants,  loans, advances, and appropriations from the
23    federal government and from the  State  of  Illinois  or  any
24    agency or instrumentality thereof to be used for the purposes
25    of the Authority, and to enter into any agreement in relation
26    to  the  grants,  loans,  advances,  and appropriations.  The
27    Authority may also accept from the State, any  State  agency,
28    department,  or  commission,  any  county  or other political
29    subdivision, any municipal  corporation,  any  railroad,  any
30    school  authority,  or  jointly therefrom, grants of funds or
31    services for any of the purposes of this Act.  The  Authority
32    shall  be  treated  as a rail carrier subject to the Illinois
                            -4-              LRB9207500MWpkam
 1    Commerce Commission's jurisdiction and  eligible  to  receive
 2    money  from the Grade Crossing Protection Fund or any fund of
 3    the State or other source available for purposes of promoting
 4    safety and  separation  of  at-grade  railroad  crossings  or
 5    highway improvements.

 6        Section  30.  Taxing  powers.  The Authority may not levy
 7    real property taxes for any purpose whatsoever.

 8        Section  35.   Board;  compensation  and  expenses.   The
 9    Authority  shall  be governed by a 28-member board consisting
10    of the mayors or village presidents, or their  designees,  of
11    Chicago Ridge, Dolton, Burbank, Bedford Park, Worth, Lansing,
12    Glenwood,  Chicago  Heights,  Robbins,  Markham, Tinley Park,
13    Orland Park, Palos Park, Crestwood,  Riverdale,  Harvey,  Oak
14    Lawn,  Dixmoor,  Bridgeview,  Alsip,  Oak Forest, Midlothian,
15    Palos  Heights,  Evergreen  Park,  Posen,  Blue  Island,  and
16    Merrionette Park and the  Chairman  of  Commuter  Rail  Board
17    (created  by the Regional Transportation Authority) or his or
18    her designee.  The office of Chair shall rotate annually  and
19    shall  represent  each  of  the  participating municipalities
20    until each one has served  as  Chair,  upon  which  time  the
21    office   of   Chair   shall   rotate  back  to  the  original
22    representative member.  Each representative member shall take
23    and subscribe the constitutional oath of office and  file  it
24    with  the  Secretary of State. The members of the board shall
25    serve without compensation, but may be reimbursed for  actual
26    expenses  incurred  by  them  in  the  performance  of duties
27    prescribed by the Authority.   However,  any  member  of  the
28    board  who  serves  as  secretary  or  treasurer  may receive
29    compensation for services as that  officer.  Any  of  the  27
30    member  municipalities  may  opt  out  of  the Authority by a
31    majority  vote  of  the   corporate   authorities   of   that
32    municipality. That municipality shall notify the Authority in
                            -5-              LRB9207500MWpkam
 1    writing of its vote to opt out of the Authority.

 2        Section 40.  Organization; chair and temporary secretary.
 3    As soon as possible after the effective date of this Act, the
 4    board  shall organize for the transaction of business, select
 5    a Chair and a temporary Secretary from its  own  number,  and
 6    adopt  bylaws  to  govern its proceedings.  The initial Chair
 7    and successors shall be elected by the  board  from  time  to
 8    time  from  among  members.   The  board  may act through its
 9    members by entering into an agreement that a  member  act  on
10    the  board's behalf, in which instance the act or performance
11    directed shall be deemed to be exclusively of,  for,  and  by
12    the  board  and  not  the individual act of the member or its
13    represented person.

14        Section  45.  Meetings;  quorum;  resolutions.    Regular
15    meetings  of  the board shall be held at least quarterly, the
16    time and place of those meetings to be fixed  by  the  board.
17    Special  meetings may be called by the Chair or by a majority
18    of the members of the  board  by  giving  notice  thereof  in
19    writing, stating the time, place, and purpose of the meeting.
20    The  notice  shall  be  served  by  special  delivery  letter
21    deposited  in the mails at least 48 hours before the meeting.
22    A majority of the members of the  board  shall  constitute  a
23    quorum  for  the  transaction of business.  All action of the
24    board  shall  be  by  resolution  and,  except  as  otherwise
25    provided in this Act, the affirmative  vote  of  at  least  a
26    majority   shall   be  necessary  for  the  adoption  of  any
27    resolution.  The Chair shall be entitled to vote on  any  and
28    all matters coming before the board.

29        Section  50.  Secretary  and  Treasurer;  oaths;  bond of
30    Treasurer.   The  board  may  appoint  a  Secretary   and   a
31    Treasurer,  who  need  not  be  members of the board, to hold
                            -6-              LRB9207500MWpkam
 1    office at the pleasure of the board, and fix their duties and
 2    compensation.  Before  entering  upon  the  duties  of  their
 3    respective  offices,  they  shall  take  and subscribe to the
 4    constitutional  oath  of  office,  and  the  Treasurer  shall
 5    execute a bond with corporate sureties to be approved by  the
 6    board.   The  bond  shall  be  payable  to  the  Authority in
 7    whatever penal sum may be directed by the  board  conditioned
 8    upon the faithful performance of the duties of the office and
 9    the  payment of all money received by the Treasurer according
10    to law and the orders of the board.  The board  may,  at  any
11    time,  require  a new bond for the Treasurer in any penal sum
12    that may then be determined by the board.

13        Section 55.  Deposit and withdrawal of funds; signatures.
14    All funds deposited by the Treasurer in any bank  or  savings
15    and  loan  association  shall  be  placed  in the name of the
16    Authority and shall be withdrawn or paid out only by check or
17    draft upon the bank or savings and loan  association,  signed
18    by the Treasurer and countersigned by the Chair of the board.
19    Subject  to  prior approval of the designations by a majority
20    of the board, the Chair may designate any other member or any
21    officer of the  Authority  to  affix  the  signature  of  the
22    Treasurer  to  any  Authority  check  or draft for payment of
23    salaries or wages and for payment of any other obligation  of
24    not more than $2,500.
25        No  bank  or  savings  and loan association shall receive
26    public funds as permitted  by  this  Section  unless  it  has
27    complied with the requirements established under Section 6 of
28    the Public Funds Investment Act.

29        Section  60.  Delivery  of  check after executing officer
30    ceases to hold office. If any officer whose signature appears
31    upon any check or draft issued pursuant to this Act ceases to
32    hold office before the delivery of the check or draft to  the
                            -7-              LRB9207500MWpkam
 1    payee,  the  officer's  signature nevertheless shall be valid
 2    and sufficient for all purposes with the same  effect  as  if
 3    the  officer  had  remained  in  office until delivery of the
 4    check or draft.

 5        Section 65.  Rules.  The board may  make  all  rules  and
 6    regulations  proper or necessary and to carry into effect the
 7    powers granted to it.  The rules  and  regulations  shall  be
 8    consistent with the guidelines, objectives, and project scope
 9    as set out by the Illinois Commerce Commission.

10        Section  70.  Fiscal year.  The Authority shall designate
11    its fiscal year.

12        Section 75.  Reports and financial statements.  Within 60
13    days after the end of its fiscal year, the board shall  cause
14    to  be  prepared  by a certified public accountant a complete
15    and detailed report and financial statement of the operations
16    and  assets  and  liabilities  as  relate  to  the   projects
17    undertaken  by the Authority.  A reasonably sufficient number
18    of copies of the report shall be prepared for distribution to
19    persons interested, upon request, and a copy  of  the  report
20    shall be filed with the Illinois Commerce Commission and with
21    the county clerk of Cook County.

22        Section  80.  Construction.  Nothing in this Act shall be
23    construed to confer upon the Authority the right,  power,  or
24    duty  to  order  or  enforce  the  abandonment of any present
25    property of the railroads or the use in substitution therefor
26    of any property acquired for the railroads in the absence  of
27    a  contract  duly executed by the railroads and the Authority
28    setting forth the terms and conditions upon which  relocation
29    of  the right-of-way and physical facilities of the railroads
30    is to be accomplished.  No such contract shall be  or  become
                            -8-              LRB9207500MWpkam
 1    enforceable  until  the  provisions of the contract have been
 2    approved or authorized by the Illinois Commerce Commission.

 3        Section   85.  Existing   contracts,   obligations,   and
 4    liabilities.  No contract, obligation, or liability  whatever
 5    of  the  railroads  to pay any money into the State treasury,
 6    nor any lien of the State upon or right to  tax  property  of
 7    the  railroads,   shall  be  released,  suspended,  modified,
 8    altered, remitted, or in any manner diminished or impaired by
 9    the  contract  with  the  Authority,  and  any  such  charter
10    provisions  applicable to the property on which the railroads
11    are now located shall be deemed in full force and effect with
12    respect to any property on which the railroads are  relocated
13    in  substitution  therefor pursuant to the provisions of this
14    Act or any such contract with the Authority pursuant thereto.
15    Notwithstanding,  upon  order  of   the   Illinois   Commerce
16    Commission,  the  Authority  shall  succeed to and assume the
17    performance and actions of the represented persons under  the
18    terms  of  the  order  and amending orders previously entered
19    relative  to  projects  undertaken  by  the   Authority   and
20    consistent with the objectives of the Authority.

21        Section  90.  Severability.   The  provisions of this Act
22    are severable under Section 1.31 of the Statute on Statutes.

23        Section 999.  Effective date.  This Act takes effect upon
24    becoming law.".

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