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Public Act 093-0948 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the
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Addison Creek Restoration Commission Act. | ||||
Section 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 City of | ||||
Northlake, the Village of Melrose Park, the Village of Stone | ||||
Park, the Village of Broadview, the Village of Westchester, and | ||||
the Village of North Riverside are, by reason of the location | ||||
of Addison Creek, adversely affected by a floodplain designated | ||||
by the Federal Emergency Management Agency (FEMA). 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, and promote comprehensive planning within and | ||||
between communities. The relocation of the retention pond, | ||||
restoration of creek banks, and enhanced fencing for security | ||||
and safety around areas of Addison Creek is important for the | ||||
orderly expansion of industry and commerce and for progress of | ||||
the region. The ultimate goal is to get FEMA to reconsider the | ||||
size of the floodplain. Once this is accomplished, it will | ||||
greatly reduce the cost of insurance to homeowners and increase | ||||
the value of property within the current designated floodplain. | ||||
Section 10. Creation; duration. There is created a body | ||||
politic and corporate, a unit of local government, named the | ||||
Addison Creek Restoration Commission. The territory of the | ||||
Commission boundaries consists of the corporate borders of the |
Village of Bellwood, the City of Northlake, the Village of | ||
Melrose Park, the Village of Stone Park, the Village of | ||
Broadview, the Village of Westchester, and the Village of North | ||
Riverside. The Commission shall continue in existence until the | ||
accomplishment of its objective, the relocation of Addison | ||
Creek retention pond within the Village of Bellwood, the | ||
restoration of creek beds, and enhanced fencing for security | ||
and safety around areas of Addison Creek, or until the | ||
Commission officially resolves that it is impossible or | ||
economically unfeasible to fulfill the objectives. | ||
Section 15. Acceptance of grants and appropriations. The | ||
Commission may apply for and accept grants 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 Commission and may enter into any agreement in | ||
relation to these grants and appropriations. The Commission may | ||
also accept from the State, any State agency, department, or | ||
commission, any unit of local government, any railroad, school | ||
authority, or jointly therefrom, grants of funds or services | ||
for any of the purposes of this Act. | ||
Section 20. Taxing powers. The Commission shall not have | ||
the power to levy real property taxes for any purpose | ||
whatsoever. | ||
Section 25. Board; composition; qualification; | ||
compensation and expenses. The Commission shall be governed by | ||
a board consisting of 7 members. The members of the Commission | ||
shall serve without compensation, but may be reimbursed from | ||
the affected municipalities for actual expenses incurred by | ||
them in the performance of duties prescribed by the Commission. | ||
Section 30. Appointments; tenure; oaths; vacancies. One | ||
member shall be appointed by the village president of the | ||
Village of Bellwood, one member shall be appointed by the |
village president of the Village of Westchester, one member | ||
shall be appointed by the mayor of the City of Northlake, one | ||
member shall be appointed by the village president of the | ||
Village of Melrose Park, one member shall be appointed by the | ||
village president of the Village of Broadview, one member shall | ||
be appointed by the village president of the Village of Stone | ||
Park, and one member shall be appointed by the village | ||
president of the Village of North Riverside. The office of the | ||
chair shall rotate annually. Each representative member of the
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Commission 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. Each member of | ||
the Commission shall hold office for a term of 3 years from the | ||
third Monday in January of the year in which his predecessor's | ||
term expires. Each member may continue to serve an additional | ||
3-year term unless that member is replaced by appointment | ||
within 60 days after the end of his or her term. Of the members | ||
initially appointed under this Section, 2 members shall be | ||
appointed for terms of office that expire on the third Monday | ||
of January, 2006, 2 members shall be appointed for terms of | ||
office that expire on the third Monday of January, 2007, 2 | ||
members shall be appointed for a term of office that expire on | ||
the third Monday of January, 2008, and one member shall be | ||
appointed for a term of office that expires on the third Monday | ||
of January, 2009. Each respective successor shall be appointed | ||
for a term of 3 years from the third Monday of January of the | ||
year in which his or her predecessor's term expires. | ||
Section 35. Removal of members. Any member of the | ||
Commission may be immediately removed from office by the | ||
appropriate selecting party or by a majority vote of the | ||
Commission 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 Commission is deemed to be neglect of duty. |
Section 40. Organization; chair and temporary secretary. | ||
As soon as possible after the appointment of the initial | ||
members, the Commission shall organize for the transaction of | ||
business, select a chair and a temporary secretary from its own | ||
number, and adopt bylaws to govern its proceedings. The initial | ||
chair and successors shall be elected by the Commission from | ||
time to time from among members. The Commission may act through | ||
its members by entering into an agreement that a member act on | ||
the Commission's behalf, in which instance the act or | ||
performance directed shall be deemed to be exclusively of, for, | ||
and by the Commission and not the individual act of the member | ||
or its represented person. | ||
Section 45. Meetings; quorum; resolutions. Regular | ||
meetings of the Commission shall be held at least quarterly, | ||
the time and place of those meetings to be fixed by the | ||
Commission. Special meetings may be called by the chair or by | ||
any 4 members of the Commission by giving notice in writing, | ||
stating the time, place, and purpose of the special meeting. | ||
The notice shall be served by certified letter deposited in the | ||
U.S. mail at least 48 hours before the meeting. If there is no | ||
vacancy on the Commission, 5 members of the Commission shall | ||
constitute a quorum to transact business; otherwise, a majority | ||
of the Commission shall constitute a quorum to transact | ||
business, and no vacancy shall impair the right of the | ||
remaining commissioners to exercise all of the powers of the | ||
Commission. Every finding, order, or decision approved by a | ||
majority of the members of the Commission shall be deemed to be | ||
the finding, order, or decision of the Commission. All action | ||
of the Commission shall be by resolution and, except as | ||
otherwise provided in this Act, the affirmative vote of at | ||
least a majority of the total available votes is necessary for | ||
the adoption of any resolution. The weight of each member's | ||
vote shall be based on the assessed value of the property in | ||
the municipality from which the member was recommended in the |
flood plain designated by FEMA. The chair may vote on any and | ||
all matters coming before the Commission. | ||
Section 50. Secretary and treasurer; oaths; bond of | ||
treasurer. The Commission may appoint a secretary and a | ||
treasurer, who need not be members of the Commission, to hold | ||
office at the pleasure of the Commission and may fix their | ||
duties and compensation, which shall be paid by the affected | ||
municipalities. Before entering upon the duties of their | ||
respective offices, the secretary and treasurer must take and | ||
subscribe to the constitutional oath of office, and the | ||
treasurer must execute a bond with corporate sureties to be | ||
approved by the Commission. The bond shall be payable to the | ||
Commission in
whatever penal sum may be directed by the | ||
Commission 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 | ||
Commission. The Commission may, at any time, require a new bond | ||
for the treasurer in any penal sum determined by the | ||
Commission. | ||
Section 55. 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 Commission | ||
and may be withdrawn or paid out only by check or draft upon | ||
the bank or savings and loan association that is signed by the | ||
treasurer and countersigned by the chair of the Commission. | ||
Subject to prior approval of the designations by a majority of | ||
the Commission, the chair may designate any other member or any | ||
officer of the Commission to affix the signature of the | ||
treasurer to any Commission 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 | ||
may 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 60. Delivery of check after executing officer | ||
ceases to hold office. If any officer whose signature appears | ||
upon any check or draft issued under this Act 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 65. Rules. The Commission may adopt any rules that | ||
are proper or necessary and to carry into effect the powers | ||
granted to it. | ||
Section 70. Fiscal year. The Commission shall designate its | ||
fiscal year. | ||
Section 75. Reports and financial statements. Within 60 | ||
days after the end of its fiscal year, the Commission must | ||
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 it relates to the | ||
Addison Creek Restoration 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 Department of Natural | ||
Resources and with the county clerk of Cook County. | ||
Section 80. Construction. Nothing in this Act shall be | ||
construed to confer upon the Commission the right, power, or | ||
duty to order or enforce the abandonment of any present | ||
property or the use in substitution. | ||
Section 85. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. |
Section 90. Repeal. This Act is repealed on January 1, | ||
2010. | ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
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