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92nd General Assembly

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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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