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91_SB1577eng SB1577 Engrossed LRB9110397MWgcA 1 AN ACT creating the Southwest Suburban Railroad 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 Southwest Suburban Railroad Redevelopment Authority Act. 7 Section 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 Southwest Suburban area, 12 by reason of the location therein of vital roadways and their 13 use for vehicular travel in access to the entire southwest 14 metropolitan Chicago area, as well as commercial and 15 industrial growth patterns and accessibility to manufacturing 16 and freight-related facilities, have become and will 17 increasingly be the hub of transportation from all parts of 18 the region and throughout the southwest metropolitan area. 19 Motor vehicle traffic, pedestrian travel, and the safety of 20 both motorists and pedestrians are substantially aggravated 21 by the location of railroad grade crossings. 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, and promote comprehensive planning 26 within and between communities. The presence of the railroad 27 grade crossings are detrimental to the orderly expansion of 28 industry and commerce and to progress of the region. To 29 alleviate this situation it is necessary to relocate the 30 railroad tracks, to separate the grades at crossing, to 31 acquire property for relocation or submergence of the 32 railroad or highways, to create an agency to facilitate and SB1577 Engrossed -2- LRB9110397MWgcA 1 accomplish that relocation, and to direct infrastructure and 2 development improvements in the Southwest Suburban area. 3 Section 10. Creation; duration. There is created a body 4 politic and corporate, a unit of local government, named the 5 Southwest Suburban Railroad Redevelopment Authority, 6 embracing the municipalities of Chicago Ridge, Burbank, 7 Bedford Park, Worth, Tinley Park, Orland Park, Palos Park, 8 Crestwood, Dolton, Riverdale, Harvey, Oak Lawn, Dixmoor, 9 Bridgeview, Alsip, Oak Forest, Midlothian, Palos Heights, 10 Evergreen Park, Posen, Blue Island, and Merrionette Park. The 11 Authority shall continue in existence until the 12 accomplishment of its objective, the relocation of railroad 13 tracks and roadways and the grade separation of railroads 14 from the right-of-way and at-grade crossing closures within 15 the Southwest Suburban area, or until the Authority 16 officially resolves that it is impossible or economically 17 unfeasible to fulfill that objective. 18 Section 15. Acquisition of property. The Authority has 19 the power to acquire by gift, purchase, or legacy the fee 20 simple title to real property located within the boundaries 21 of the Authority, including temporary and permanent 22 easements, as well as reversionary interests in the streets, 23 alleys, and other public places and personal property, 24 required for its purposes, and title thereto shall be taken 25 in the corporate name of the Authority. Any such property 26 that is already devoted to a public use may nevertheless be 27 acquired, provided that no property belonging to the United 28 States of America or the State of Illinois may be acquired 29 without the consent of that governmental unit. No property 30 devoted to a public use belonging to a corporation subject to 31 the jurisdiction of the Illinois Commerce Commission may be 32 acquired without a prior finding by the Illinois Commerce SB1577 Engrossed -3- LRB9110397MWgcA 1 Commission that the taking would not result in the imposition 2 of an undue burden on intrastate commerce. All land and 3 appurtenances thereto, acquired or owned by the Authority, 4 are to be deemed acquired or owned for a public use or public 5 purpose. 6 Section 20. Sale or exchange of property. The Authority 7 has the power to sell, transfer, exchange, vacate, or assign 8 property acquired for the purposes of this Act as it deems 9 appropriate. 10 Section 25. Acceptance of grants, loans, and 11 appropriations. The Authority has the power to apply for and 12 accept grants, loans, advances, and appropriations from the 13 federal government and from the State of Illinois or any 14 agency or instrumentality thereof to be used for the purposes 15 of the Authority, and to enter into any agreement in relation 16 to the grants, loans, advances, and appropriations. The 17 Authority may also accept from the State, any State agency, 18 department, or commission, any county or other political 19 subdivision, any municipal corporation, any railroad, any 20 school authority, or jointly therefrom, grants of funds or 21 services for any of the purposes of this Act. The Authority 22 shall be treated as a rail carrier subject to the Illinois 23 Commerce Commission's jurisdiction and eligible to receive 24 money from the Grade Crossing Protection Fund or any fund of 25 the State or other source available for purposes of promoting 26 safety and separation of at-grade railroad crossings or 27 highway improvements. 28 Section 30. Borrowing money and issuance of bonds. The 29 Authority may incur debt and borrow money from time to time 30 and, in evidence thereof, may issue and sell bonds in any 31 amount or amounts that the Authority may determine, to SB1577 Engrossed -4- LRB9110397MWgcA 1 provide funds for carrying out the purposes of this Act, and 2 to pay all costs and expenses incident thereto, and to refund 3 and refinance, from time to time, bonds so issued and sold, 4 as often as may be deemed to be advantageous by the 5 Authority. 6 Section 35. Taxing powers. The Authority may not levy 7 real property taxes for any purpose whatsoever. 8 Section 40. Board; compensation and expenses. The 9 Authority shall be governed by a 22-member board consisting 10 of the mayors or village presidents, or their designees, of 11 Chicago Ridge, Dolton, Burbank, Bedford Park, Worth, Tinley 12 Park, Orland Park, Palos Park, Crestwood, Riverdale, Harvey, 13 Oak Lawn, Dixmoor, Bridgeview, Alsip, Oak Forest, Midlothian, 14 Palos Heights, Evergreen Park, Posen, Blue Island, and 15 Merrionette Park. The office of Chair shall rotate annually 16 and shall represent each of the participating municipalities 17 until each one has served as Chair, upon which time the 18 office of Chair shall rotate back to the original 19 representative member. Each representative member shall take 20 and subscribe the constitutional oath of office and file it 21 with the Secretary of State. The members of the board shall 22 serve without compensation, but may be reimbursed for actual 23 expenses incurred by them in the performance of duties 24 prescribed by the Authority. However, any member of the 25 board who serves as secretary or treasurer may receive 26 compensation for services as that officer. Any of the 22 27 member municipalities may opt out of the Authority by a 28 majority vote of the corporate authorities of that 29 municipality. That municipality shall notify the Authority in 30 writing of its vote to opt out of the Authority. 31 Section 45. Organization; chair and temporary secretary. SB1577 Engrossed -5- LRB9110397MWgcA 1 As soon as possible after the effective date of this Act, the 2 board shall organize for the transaction of business, select 3 a Chair and a temporary Secretary from its own number, and 4 adopt bylaws to govern its proceedings. The initial Chair 5 and successors shall be elected by the board from time to 6 time from among members. The board may act through its 7 members by entering into an agreement that a member act on 8 the board's behalf, in which instance the act or performance 9 directed shall be deemed to be exclusively of, for, and by 10 the board and not the individual act of the member or its 11 represented person. 12 Section 50. Meetings; quorum; resolutions. Regular 13 meetings of the board shall be held at least quarterly, the 14 time and place of those meetings to be fixed by the board. 15 Special meetings may be called by the Chair or by a majority 16 of the members of the board by giving notice thereof in 17 writing, stating the time, place, and purpose of the meeting. 18 The notice shall be served by special delivery letter 19 deposited in the mails at least 48 hours before the meeting. 20 A majority of the members of the board shall constitute a 21 quorum for the transaction of business. All action of the 22 board shall be by resolution and, except as otherwise 23 provided in this Act, the affirmative vote of at least a 24 majority shall be necessary for the adoption of any 25 resolution. The Chair shall be entitled to vote on any and 26 all matters coming before the board. 27 Section 55. Secretary and Treasurer; oaths; bond of 28 Treasurer. The board may appoint a Secretary and a 29 Treasurer, who need not be members of the board, to hold 30 office at the pleasure of the board, and fix their duties and 31 compensation. Before entering upon the duties of their 32 respective offices, they shall take and subscribe to the SB1577 Engrossed -6- LRB9110397MWgcA 1 constitutional oath of office, and the Treasurer shall 2 execute a bond with corporate sureties to be approved by the 3 board. The bond shall be payable to the Authority in 4 whatever penal sum may be directed by the board conditioned 5 upon the faithful performance of the duties of the office and 6 the payment of all money received by the Treasurer according 7 to law and the orders of the board. The board may, at any 8 time, require a new bond for the Treasurer in any penal sum 9 that may then be determined by the board. 10 Section 60. Deposit and withdrawal of funds; signatures. 11 All funds deposited by the Treasurer in any bank or savings 12 and loan association shall be placed in the name of the 13 Authority and shall be withdrawn or paid out only by check or 14 draft upon the bank or savings and loan association, signed 15 by the Treasurer and countersigned by the Chair of the board. 16 Subject to prior approval of the designations by a majority 17 of the board, the Chair may designate any other member or any 18 officer of the Authority to affix the signature of the 19 Treasurer to any Authority check or draft for payment of 20 salaries or wages and for payment of any other obligation of 21 not more than $2,500. 22 No bank or savings and loan association shall receive 23 public funds as permitted by this Section unless it has 24 complied with the requirements established under Section 6 of 25 the Public Funds Investment Act. 26 Section 65. Delivery of check after executing officer 27 ceases to hold office. If any officer whose signature appears 28 upon any check or draft issued pursuant to this Act ceases to 29 hold office before the delivery of the check or draft to the 30 payee, the officer's signature nevertheless shall be valid 31 and sufficient for all purposes with the same effect as if 32 the officer had remained in office until delivery of the SB1577 Engrossed -7- LRB9110397MWgcA 1 check or draft. 2 Section 70. Rules. The board may make all rules and 3 regulations proper or necessary and to carry into effect the 4 powers granted to it. The rules and regulations shall be 5 consistent with the guidelines, objectives, and project scope 6 as set out by the Illinois Commerce Commission. 7 Section 75. Fiscal year. The Authority shall designate 8 its fiscal year. 9 Section 80. Reports and financial statements. Within 60 10 days after the end of its fiscal year, the board shall cause 11 to be prepared by a certified public accountant a complete 12 and detailed report and financial statement of the operations 13 and assets and liabilities as relate to the projects 14 undertaken by the Authority. A reasonably sufficient number 15 of copies of the report shall be prepared for distribution to 16 persons interested, upon request, and a copy of the report 17 shall be filed with the Illinois Commerce Commission and with 18 the county clerk of Cook County. 19 Section 85. Construction. Nothing in this Act shall be 20 construed to confer upon the Authority the right, power, or 21 duty to order or enforce the abandonment of any present 22 property of the railroads or the use in substitution therefor 23 of any property acquired for the railroads in the absence of 24 a contract duly executed by the railroads and the Authority 25 setting forth the terms and conditions upon which relocation 26 of the right-of-way and physical facilities of the railroads 27 is to be accomplished. No such contract shall be or become 28 enforceable until the provisions of the contract have been 29 approved or authorized by the Illinois Commerce Commission. SB1577 Engrossed -8- LRB9110397MWgcA 1 Section 90. Existing contracts, obligations, and 2 liabilities. No contract, obligation, or liability whatever 3 of the railroads to pay any money into the State treasury, 4 nor any lien of the State upon or right to tax property of 5 the railroads, shall be released, suspended, modified, 6 altered, remitted, or in any manner diminished or impaired by 7 the contract with the Authority, and any such charter 8 provisions applicable to the property on which the railroads 9 are now located shall be deemed in full force and effect with 10 respect to any property on which the railroads are relocated 11 in substitution therefor pursuant to the provisions of this 12 Act or any such contract with the Authority pursuant thereto. 13 Notwithstanding, upon order of the Illinois Commerce 14 Commission, the Authority shall succeed to and assume the 15 performance and actions of the represented persons under the 16 terms of the order and amending orders previously entered 17 relative to projects undertaken by the Authority and 18 consistent with the objectives of the Authority. 19 Section 95. Severability. The provisions of this Act 20 are severable under Section 1.31 of the Statute on Statutes. 21 Section 999. Effective date. This Act takes effect upon 22 becoming law.