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Public Act 92-0352
HB1478 Enrolled LRB9202087DHmb
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5.
Section 5-1. Short title. This Article may be cited as
the Dixon Railroad Relocation Authority Law.
Section 5-5. Legislative declaration. The General
Assembly declares that the welfare, health, prosperity, and
moral and general well being of the people of the State are,
in large measure, dependent upon the sound and orderly
development of municipal areas. The City of Dixon has become
and will increasingly be the hub of transportation from all
parts of the region. Motor vehicle traffic, pedestrian
travel, and the safety of both motorists and pedestrians are
substantially aggravated by the location of a railroad spur
line running through the City of Dixon. The presence of the
railroad spur line in the City of Dixon is detrimental to the
orderly expansion of industry and commerce and to progress of
the region. To alleviate this situation it is necessary to
relocate the railroad, to acquire property for relocation of
the railroad or highways, and to create an agency to
facilitate and accomplish that relocation.
Section 5-10. Creation; duration. There is created a
body politic and corporate and a unit of local government
named the Dixon Railroad Relocation Authority, embracing Lee
County. The Authority shall continue in existence until the
accomplishment of its objective, the relocation of the
railroad spur line running through the City of Dixon or until
the Authority officially resolves that it is impossible or
economically unfeasible to fulfill that objective.
Section 5-15. Acquisition of property. The Authority
shall have the power to acquire by gift, purchase, or legacy
the fee simple title to real property located within the
boundaries of the Authority, including temporary and
permanent easements, as well as reversionary interests in the
streets, alleys and other public places and personal
property, required for its purposes, and title thereto shall
be taken in the corporate name of the Authority. Any such
property that is already devoted to a public use may
nevertheless be acquired, provided that no property belonging
to the United States of America or the State of Illinois may
be acquired without the consent of such governmental unit.
No property devoted to a public use belonging to a
corporation subject to the jurisdiction of the Illinois
Commerce Commission may be acquired without a prior finding
by the Illinois Commerce Commission that the taking would not
result in the imposition of an undue burden on instrastate
commerce. All land and appurtenances thereto, acquired or
owned by the Authority, are to be deemed acquired or owned
for a public use or public purpose.
Section 5-20. Sale or exchange of property. The
Authority shall have the power to sell, transfer, exchange,
vacate or assign property acquired for the purposes of this
Act as it shall deem appropriate.
Section 5-25. Acceptance of grants, loans, and
appropriations. The Authority shall have the power to apply
for and accept grants, loans, advances, and appropriations
from the Federal Government and from the State of Illinois or
any agency or instrumentality thereof to be used for the
purposes of the Authority, and to enter into any agreement in
relation to such grants, loans, advances, and appropriations.
The Authority may also accept from the State, any State
agency, department or commission, any county or other
political subdivision, any municipal corporation, any
railroad, or any school authorities, or jointly therefrom,
grants of funds or services for any of the purposes of this
Article. The Authority shall be treated as a rail carrier
subject to the Illinois Commerce Commission's jurisdiction
and eligible to receive money from the Grade Crossing
Protection Fund or any fund of the State or other source
available for purposes of promoting safety and separation of
at-grade railroad crossings or highway improvements.
Section 5-30. Borrowing money and issuance of bonds.
The Authority may incur debt and borrow money from time to
time and, in evidence thereof, may issue and sell bonds in
such amounts as the Authority may determine, to provide funds
for carrying out the purposes of this Article and to pay all
costs and expenses incident thereto, and to refund and
refinance, from time to time, bonds so issued and sold, as
often as may be deemed to be advantageous by the Authority.
Section 5-35. Taxing powers. The Authority shall not
have the power to levy real property taxes for any purpose
whatsoever.
Section 5-40. Board; composition; qualification;
compensation and expenses. The Authority shall be governed
by a board consisting of 5 members. The members of the
Authority shall serve without compensation, but may be
reimbursed for actual expenses incurred by them in the
performance of duties prescribed by the Authority. However,
any member of the Authority who serves as secretary or
treasurer may receive compensation for services as that
officer.
Section 5-45. Appointments; tenure; oaths; vacancies.
The members of the Authority shall be appointed by the
Governor, who shall give notice of the member's selection to
each other member within 10 days after selection and before
the member's entering upon the duties of office. Three of
the members shall be appointed by the Governor from a list of
4 candidates provided by the mayor of the City of Dixon, and
2 of the members shall be appointed by the Governor from a
list of 3 candidates provided by the chairman of the county
board of Lee County. Each member of the Authority shall take
and subscribe to the constitutional oath of office and file
it with the Secretary of State. If a vacancy occurs by
death, resignation, or otherwise, the vacancy shall be filled
by the Governor. All appointments of members shall be for a
3-year term. Each member shall continue to serve an
additional 3-year term unless that member is replaced by
appointment within 60 days of the end of his or her term.
Section 5-50. Removal of members. The Governor may
remove from office any Authority member immediately in case
of incompetency, neglect of duty, or malfeasance of office,
or otherwise upon 15 days written notice to the other
members. Absence from any 3 consecutive regular meetings of
the Authority shall be deemed neglect of duty.
Section 5-55. Organization; chairperson and temporary
Secretary. As soon as possible after the appointment of the
initial members, the Authority shall organize for the
transaction of business, select a chairperson and a temporary
secretary from its own number, and adopt bylaws to govern its
proceedings. The initial chairperson and successors shall be
elected by the Authority from time to time from among the
members. The Authority may act through its members by
entering into an agreement that a member act on the
Authority's behalf, in which instance the act or performance
directed shall be deemed to be exclusively of, for, and by
the Authority and not the individual act of the member or its
represented person.
Section 5-60. Meetings; quorum; resolutions. Regular
meetings of the Authority shall be held at least quarterly,
the time and place of those meetings to be fixed by the
Authority. Special meetings may be called by the chairperson
or by any 3 members of the Authority by giving notice thereof
in writing, stating the time, place, and purpose of the
meeting. The notice shall be served by special delivery
letter deposited in the mail at least 48 hours before the
meeting. A majority of the members of the Authority shall
constitute a quorum for the transaction of business. All
action of the Authority shall be by resolution and, except as
otherwise provided in this Article, the affirmative vote of
at least a majority shall be necessary for the adoption of
any resolution. The chairperson shall be entitled to vote on
any and all matters coming before the Authority.
Section 5-65. Secretary and treasurer; oaths; bond of
treasurer. The Authority may appoint a secretary and a
treasurer, who need not be members of the Authority, to hold
office during the pleasure of the Authority, and fix their
duties and compensation. Before entering upon the duties of
their respective offices, they shall take and subscribe to
the constitutional oath of office, and the treasurer shall
execute a bond with corporate sureties to be approved by the
Authority. The bond shall be payable to the Authority in
whatever penal sum may be directed by the Authority
conditioned upon the faithful performance of the duties of
the office and the payment of all money received by the
treasurer according to law and the orders of the Authority.
The Authority may, at any time, require a new bond for the
treasurer in such penal sum as may then be determined by the
Authority.
Section 5-70. Deposit and withdrawal of funds;
signatures. All funds deposited by the treasurer in any bank
or savings and loan association shall be placed in the name
of the Authority and shall be withdrawn or paid out only by
check or draft upon the bank or savings and loan association,
signed by the treasurer and countersigned by the chairperson
of the Authority. Subject to prior approval of the
designations by a majority of the Authority, the chairperson
may designate any other member or any officer of the
Authority to affix the signature of the treasurer to any
Authority check or draft for payment of salaries or wages and
for payment of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section unless it has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
Section 5-75. Delivery of check after executing officer
ceases to hold office. If any officer whose signature appears
upon any check or draft issued pursuant to this Article
ceases to hold office before the delivery of the check or
draft to the payee, the officer's signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer had remained in office until
delivery of the check or draft.
Section 5-80. Rules. The Authority may make all rules
proper or necessary to carry into effect the powers granted
to it. The rules shall be consistent with the guidelines,
objectives, and project scope as set out by the Illinois
Commerce Commission.
Section 5-85. Fiscal year. The Authority shall
designate its fiscal year.
Section 5-90. Reports and financial statements. Within
60 days after the end of its fiscal year, the Authority shall
cause to be prepared by a certified public accountant a
complete and detailed report and financial statement of the
operations and assets and liabilities as related to the Dixon
railroad relocation project. A reasonably sufficient number
of copies of the report shall be prepared for distribution to
persons interested, upon request, and a copy of the report
shall be filed with the Illinois Commerce Commission and with
the county clerk of Lee County.
Section 5-95. Construction. Nothing in this Article
shall be construed to confer upon the Authority the right,
power, or duty to order or enforce the abandonment of any
present property of the railroads or the use in substitution
therefor of any property acquired for the railroads in the
absence of a contract duly executed by the railroads and the
Authority setting forth the terms and conditions upon which
relocation of the right of way and physical facilities of the
railroads is to be accomplished. No such contract shall be
or become enforceable until the provisions of the contract
have been approved or authorized by the Illinois Commerce
Commission.
Section 5-100. Existing contracts, obligations, and
liabilities. No contract, obligation, or liability whatever
of the railroads to pay any money into the State treasury,
nor any lien of the State upon or right to tax property of
the railroads, shall be released, suspended, modified,
altered, remitted, or in any manner diminished or impaired by
the contract with the Authority, and any such charter
provisions applicable to the property on which the railroads
are now located shall be deemed in full force and effect with
respect to any property on which the railroads are relocated
in substitution therefor pursuant to the provisions of this
Act or any such contract with the Authority pursuant thereto.
Notwithstanding, upon order of the Illinois Commerce
Commission, the Authority shall succeed to and assume the
performance and actions of the represented persons under the
terms of the order and amending orders previously entered
relative to the Dixon railroad relocation project and
consistent with the objectives of the Authority.
Section 5-105. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
ARTICLE 10.
Section 10-5. The 25th Avenue Railroad Relocation and
Development Authority Act is amended by changing the title of
the Act and Sections 1, 5, 10, 40, 45, 60, and 90 as follows:
(70 ILCS 1920/Act title)
An Act creating the West Cook 25th Avenue Railroad
Relocation and Redevelopment Authority.
(70 ILCS 1920/1)
Sec. 1. Short title. This Act may be cited as the West
Cook 25th Avenue Railroad Relocation and Development
Authority Act.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/5)
Sec. 5. Legislative declaration. The General Assembly
declares that the welfare, health, prosperity, and moral and
general well being of the people of the State are, in large
measure, dependent upon the sound and orderly development of
municipal areas. The Village of Bellwood, the Village of
Maywood, and the Village of Melrose Park, by reason of the
location therein of 25th Avenue and the First Avenue vicinity
between Lake Street on the North, Oak Street on the South,
the Des Plaines River on the East, and Fifth Avenue on the
West and their its use for vehicular travel in access to the
entire west metropolitan Chicago area, including
municipalities in 2 counties, as well as commercial and
industrial growth patterns and accessibility to O'Hare
International Airport, Midway Airport, manufacturing, and
freight related facilities, have become and will increasingly
be the hub of transportation from all parts of the region and
throughout the west metropolitan area. Motor vehicle
traffic, pedestrian travel, and the safety of both motorists
and pedestrians are substantially aggravated by the location
of a major railroad right of way that divides the Village of
Bellwood and the Village of Melrose Park. Additionally,
certain development opportunities may exist in the project
area that would stabilize and enhance the tax base of
existing communities, maintain and revitalize existing
commerce and industry, create opportunities for intersurface
modal transportation efficiencies, and promote comprehensive
planning within and between communities. The presence of the
railroad right of way at the 25th Avenue grade crossing is
detrimental to the orderly expansion of industry and commerce
and to progress of the region. To alleviate this situation
it is necessary to relocate the railroad tracks and right of
way on 25th Avenue and First Avenue, to separate the grades
at crossings crossing, to acquire property for relocation or
submergence of the railroad or highways, to create an agency
to facilitate and accomplish that relocation, and to direct
infrastructure and development improvements in the 25th
Avenue vicinity between St. Charles Road and Lake Street and
the First Avenue vicinity between Lake Street on the North,
Oak Street on the South, the Des Plaines River on the East,
and Fifth Avenue on the West.
Additionally, certain development opportunities may exist
in the West Cook County region from Harlem Avenue on the East
to I-294 on the West and from Grand Avenue on the North to
31st Street on the South that would stabilize and enhance the
tax base of existing communities, maintain and revitalize
existing commerce and industry, create opportunities for
modal transportation efficiencies, and promote comprehensive
planning within and between communities.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/10)
Sec. 10. Creation; duration. There is created a body
politic and corporate, a unit of local government, named the
West Cook 25th Avenue Railroad Relocation and Development
Authority, embracing that portion of Proviso Township
embracing that portion of the Village of Bellwood and the
Village of Melrose Park from St. Charles Road on the South to
Lake Street on the North, and from the Indiana Harbor Belt
Railroad on the West to 22nd Avenue on the East, Cook County,
Illinois and the Village of Maywood, Cook County, Illinois.
The Authority shall continue in existence until the
accomplishment of its objective, the relocation of the
railroad tracks and 25th Avenue, the grade separation of
railroads from the right of way and at-grade crossing
closures within the Village of Bellwood and the Village of
Melrose Park, the grade separation of railroads from the
right-of-way and at grade crossing in the First Avenue
vicinity between Lake Street, Oak Street, the Des Plaines
River, and Fifth Avenue, and the establishment of a
transit-oriented intersurface modal development facility in
the project area, or until the Authority officially resolves
that it is impossible or economically unfeasible to fulfill
that objective.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/40)
Sec. 40. Board; composition; qualification; compensation
and expenses. The Authority shall be governed by a board
consisting of 7 5 members. The members of the Authority
shall serve without compensation, but may be reimbursed for
actual expenses incurred by them in the performance of duties
prescribed by the Authority. However, any member of the
Authority who serves as secretary or treasurer may receive
compensation for services as that officer.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/45)
Sec. 45. Appointments; tenure; oaths; vacancies. The
members of the Authority shall be appointed by the Governor,
who shall give notice of the member's selection to each other
member within 10 days after selection and before the member's
entering upon the duties of office. Two of the members shall
be recommended to the Governor from a list of 3 candidates
provided by the village president of the Village of Bellwood,
2 of the members shall be recommended to the Governor from a
list of 3 candidates provided by the village president of the
Village of Maywood, and 2 of the members shall be recommended
to the Governor from a list of 3 candidates provided by the
village president of the Village of Melrose Park. The office
of chairman shall rotate annually and shall represent the
Village of Bellwood, the Village of Melrose Park, the Village
of Maywood, and the Governor's appointments, respectively,
for each of the 3 years of the term of office. Each
representative member of the Authority shall take and
subscribe to the constitutional oath of office and file it
with the Secretary of State. If a vacancy occurs by death,
resignation, or otherwise, the vacancy shall be filled by the
appropriate selecting party. All appointments of members
shall be for a 3-year term. Each member shall continue to
serve an additional 3-year term unless that member is
replaced by appointment within 60 days of the end of his or
her term.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/60)
Sec. 60. Meetings; quorum; resolutions. Regular
meetings of the Authority shall be held at least quarterly,
the time and place of those meetings to be fixed by the
Authority. Special meetings may be called by the Chair or by
any 4 3 members of the Authority by giving notice thereof in
writing, stating the time, place, and purpose of the meeting.
The notice shall be served by special delivery letter
deposited in the mails at least 48 hours before the meeting.
A majority of the members of the Authority shall constitute a
quorum for the transaction of business. All action of the
Authority shall be by resolution and, except as otherwise
provided in this Act, the affirmative vote of at least a
majority shall be necessary for the adoption of any
resolution. The Chair shall be entitled to vote on any and
all matters coming before the Authority.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/90)
Sec. 90. Reports and financial statements. Within 60
days after the end of its fiscal year, the Authority shall
cause to be prepared by a certified public accountant a
complete and detailed report and financial statement of the
operations and assets and liabilities as relate to the 25th
Avenue railroad grade separation project and the First Avenue
railroad grade separation project. A reasonably sufficient
number of copies of the report shall be prepared for
distribution to persons interested, upon request, and a copy
of the report shall be filed with the Illinois Commerce
Commission and with the county clerk of Cook County.
(Source: P.A. 91-562, eff. 8-14-99.)
ARTICLE 99.
Section 99-1. Effective date. This Act takes effect
upon becoming law.
Passed in the General Assembly May 22, 2001.
Approved August 15, 2001.
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