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91_HB2008enr HB2008 Enrolled LRB9104634DHmg 1 AN ACT creating the 25th Avenue Railroad Relocation and 2 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 25th Avenue Railroad Relocation and Development Authority 7 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 Village of Bellwood and 13 the Village of Melrose Park, by reason of the location 14 therein of 25th Avenue and its use for vehicular travel in 15 access to the entire west metropolitan Chicago area, 16 including municipalities in 2 counties, as well as commercial 17 and industrial growth patterns and accessibility to O'Hare 18 International Airport, Midway Airport, manufacturing, and 19 freight related facilities, have become and will increasingly 20 be the hub of transportation from all parts of the region and 21 throughout the west metropolitan area. Motor vehicle 22 traffic, pedestrian travel, and the safety of both motorists 23 and pedestrians are substantially aggravated by the location 24 of a major railroad right of way that divides the Village of 25 Bellwood and the Village of Melrose Park. Additionally, 26 certain development opportunities may exist in the project 27 area that would stabilize and enhance the tax base of 28 existing communities, maintain and revitalize existing 29 commerce and industry, create opportunities for intersurface 30 modal transportation efficiencies, and promote comprehensive 31 planning within and between communities. The presence of the 32 railroad right of way at the 25th Avenue grade crossing is HB2008 Enrolled -2- LRB9104634DHmg 1 detrimental to the orderly expansion of industry and commerce 2 and to progress of the region. To alleviate this situation 3 it is necessary to relocate the railroad tracks and right of 4 way on 25th Avenue, to separate the grades at crossing, to 5 acquire property for relocation or submergence of the 6 railroad or highways, to create an agency to facilitate and 7 accomplish that relocation, and to direct infrastructure and 8 development improvements in the 25th Avenue vicinity between 9 St. Charles Road and Lake Street. 10 Section 10. Creation; duration. There is created a body 11 politic and corporate, a unit of local government, named the 12 25th Avenue Railroad Relocation and Development Authority, 13 embracing that portion of Proviso Township embracing that 14 portion of the Village of Bellwood and the Village of Melrose 15 Park from St. Charles Road on the South to Lake Street on the 16 North, and from the Indiana Harbor Belt Railroad on the West 17 to 22nd Avenue on the East, Cook County, Illinois. The 18 Authority shall continue in existence until the 19 accomplishment of its objective, the relocation of the 20 railroad tracks and 25th Avenue, the grade separation of 21 railroads from the right of way and at-grade crossing 22 closures within the Village of Bellwood and the Village of 23 Melrose Park, and the establishment of a transit-oriented 24 intersurface modal development facility in the project area, 25 or until the Authority officially resolves that it is 26 impossible or economically unfeasible to fulfill that 27 objective. 28 Section 15. Acquisition of property. The Authority 29 shall have the power to acquire by gift, purchase, or legacy 30 the fee simple title to real property located within the 31 boundaries of the Authority, including temporary and 32 permanent easements, as well as reversionary interests in the HB2008 Enrolled -3- LRB9104634DHmg 1 streets, alleys and other public places and personal 2 property, required for its purposes, and title thereto shall 3 be taken in the corporate name of the Authority. Any such 4 property which is already devoted to a public use may 5 nevertheless be acquired, provided that no property belonging 6 to the United States of America or the State of Illinois may 7 be acquired without the consent of such governmental unit. 8 No property devoted to a public use belonging to a 9 corporation subject to the jurisdiction of the Illinois 10 Commerce Commission may be acquired without a prior finding 11 by the Illinois Commerce Commission that the taking would not 12 result in the imposition of an undue burden on instrastate 13 commerce. All land and appurtenances thereto, acquired or 14 owned by the Authority, are to be deemed acquired or owned 15 for a public use or public purpose. 16 Section 20. Sale or exchange of property. The Authority 17 shall have the power to sell, transfer, exchange, vacate or 18 assign property acquired for the purposes of this Act as it 19 shall deem appropriate. 20 Section 25. Acceptance of grants, loans, and 21 appropriations. The Authority shall have the power to apply 22 for and accept grants, loans, advances and appropriations 23 from the Federal Government and from the State of Illinois or 24 any agency or instrumentality thereof to be used for the 25 purposes of the Authority, and to enter into any agreement in 26 relation to such grants, loans, advances and appropriations. 27 The Authority may also accept from the State, any State 28 agency, department or commission, any county or other 29 political subdivision, any municipal corporation, any 30 railroads, school authorities, or jointly therefrom, grants 31 of funds or services for any of the purposes of this Act. 32 The Authority shall be treated as a rail carrier subject to HB2008 Enrolled -4- LRB9104634DHmg 1 the Illinois Commerce Commission's jurisdiction and eligible 2 to receive money from the Grade Crossing Protection Fund or 3 any fund of the State or other source available for purposes 4 of promoting safety and separation of at-grade railroad 5 crossings or highway improvements. 6 Section 30. Borrowing money and issuance of bonds. The 7 Authority may incur debt and borrow money from time to time 8 and, in evidence thereof, may issue and sell bonds in such 9 amount or amounts as the Authority may determine, to provide 10 funds for carrying out the purposes of this Act, and to pay 11 all costs and expenses incident thereto, and to refund and 12 refinance, from time to time, bonds so issued and sold, as 13 often as may be deemed to be advantageous by the Authority. 14 Section 35. Taxing powers. The Authority shall not have 15 the power to levy real property taxes for any purpose 16 whatsoever. 17 Section 40. Board; composition; qualification; 18 compensation and expenses. The Authority shall be governed 19 by a board consisting of 5 members. The members of the 20 Authority shall serve without compensation, but may be 21 reimbursed for actual expenses incurred by them in the 22 performance of duties prescribed by the Authority. However, 23 any member of the Authority who serves as secretary or 24 treasurer may receive compensation for services as that 25 officer. 26 Section 45. Appointments; tenure; oaths; vacancies. The 27 members of the Authority shall be appointed by the Governor, 28 who shall give notice of the member's selection to each other 29 member within 10 days after selection and before the member's 30 entering upon the duties of office. Two of the members shall HB2008 Enrolled -5- LRB9104634DHmg 1 be recommended to the Governor from a list of 3 candidates 2 provided by the village president of the Village of Bellwood, 3 and 2 of the members shall be recommended to the Governor 4 from a list of 3 candidates provided by the village president 5 of the Village of Melrose Park. The office of chairman shall 6 rotate annually and shall represent the Village of Bellwood, 7 the Village of Melrose Park, and the Governor's appointments, 8 respectively, for each of the 3 years of the term of office. 9 Each representative member of the Authority shall take and 10 subscribe to the constitutional oath of office and file it 11 with the Secretary of State. If a vacancy occurs by death, 12 resignation, or otherwise, the vacancy shall be filled by the 13 appropriate selecting party. All appointments of members 14 shall be for a 3-year term. Each member shall continue to 15 serve an additional 3-year term unless that member is 16 replaced by appointment within 60 days of the end of his or 17 her term. 18 Section 50. Removal of members. The Governor may remove 19 from office any Authority member immediately in case of 20 incompetency, neglect of duty or malfeasance of office or 21 otherwise upon 15 days written notice to the other members. 22 Absence from any 3 consecutive regular meetings of the 23 Authority shall be deemed neglect of duty. 24 Section 55. Organization; chair and temporary Secretary. 25 As soon as possible after the appointment of the initial 26 members, the Authority shall organize for the transaction of 27 business, select a Chair and a temporary Secretary from its 28 own number, and adopt bylaws to govern its proceedings. The 29 initial Chair and successors shall be elected by the 30 Authority from time to time from among members. The 31 Authority may act through its members by entering into an 32 agreement that a member act on the Authority's behalf, in HB2008 Enrolled -6- LRB9104634DHmg 1 which instance the act or performance directed shall be 2 deemed to be exclusively of, for, and by the Authority and 3 not the individual act of the member or its represented 4 person. 5 Section 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 Chair or by 9 any 3 members of the Authority by giving notice thereof in 10 writing, stating the time, place, and purpose of the meeting. 11 The notice shall be served by special delivery letter 12 deposited in the mails at least 48 hours before the meeting. 13 A majority of the members of the Authority shall constitute a 14 quorum for the transaction of business. All action of the 15 Authority shall be by resolution and, except as otherwise 16 provided in this Act, the affirmative vote of at least a 17 majority shall be necessary for the adoption of any 18 resolution. The Chair shall be entitled to vote on any and 19 all matters coming before the Authority. 20 Section 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. HB2008 Enrolled -7- LRB9104634DHmg 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 70. Deposit and withdrawal of funds; signatures. 5 All funds deposited by the Treasurer in any bank or savings 6 and loan association shall be placed in the name of the 7 Authority and shall be withdrawn or paid out only by check or 8 draft upon the bank or savings and loan association, signed 9 by the Treasurer and countersigned by the Chair of the 10 Authority. Subject to prior approval of the designations by 11 a majority of the Authority, the Chair may designate any 12 other member or any officer of the Authority to affix the 13 signature of the Treasurer to any Authority check or draft 14 for payment of salaries or wages and for payment of any other 15 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 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 Act ceases to 23 hold office before the delivery of the check or draft to the 24 payee, the officer's signature nevertheless shall be valid 25 and sufficient for all purposes with the same effect as if 26 the officer had remained in office until delivery of the 27 check or draft. 28 Section 80. Rules. The Authority may make all rules and 29 regulations proper or necessary and to carry into effect the 30 powers granted to it. The rules and regulations shall be 31 consistent with the guidelines, objectives, and project scope HB2008 Enrolled -8- LRB9104634DHmg 1 as set out by the Illinois Commerce Commission. 2 Section 85. Fiscal year. The Authority shall designate 3 its fiscal year. 4 Section 90. Reports and financial statements. Within 60 5 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 relate to the 25th 9 Avenue railroad grade separation project. A reasonably 10 sufficient number of copies of the report shall be prepared 11 for distribution to persons interested, upon request, and a 12 copy of the report shall be filed with the Illinois Commerce 13 Commission and with the county clerk of Cook County. 14 Section 95. Construction. Nothing in this Act shall be 15 construed to confer upon the Authority the right, power, or 16 duty to order or enforce the abandonment of any present 17 property of the railroads or the use in substitution therefor 18 of any property acquired for the railroads in the absence of 19 a contract duly executed by the railroads and the Authority 20 setting forth the terms and conditions upon which relocation 21 of the right of way and physical facilities of the railroads 22 is to be accomplished. No such contract shall be or become 23 enforceable until the provisions of the contract have been 24 approved or authorized by the Illinois Commerce Commission. 25 Section 100. Existing contracts, obligations, and 26 liabilities. No contract, obligation, or liability whatever 27 of the railroads to pay any money into the State treasury, 28 nor any lien of the State upon or right to tax property of 29 the railroads, shall be released, suspended, modified, 30 altered, remitted, or in any manner diminished or impaired by HB2008 Enrolled -9- LRB9104634DHmg 1 the contract with the Authority, and any such charter 2 provisions applicable to the property on which the railroads 3 are now located shall be deemed in full force and effect with 4 respect to any property on which the railroads are relocated 5 in substitution therefor pursuant to the provisions of this 6 Act or any such contract with the Authority pursuant thereto. 7 Notwithstanding, upon order of the Illinois Commerce 8 Commission, the Authority shall succeed to and assume the 9 performance and actions of the represented persons under the 10 terms of the order and amending orders previously entered 11 relative to the 25th Avenue railroad grade separation project 12 and consistent with the objectives of the Authority. 13 Section 105. Severability. The provisions of this Act 14 are severable under Section 1.31 of the Statute on Statutes. 15 Section 999. Effective date. This Act takes effect upon 16 becoming law.