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Public Act 093-0948


 

Public Act 0948 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0948
 
HB4108 Enrolled LRB093 15909 BDD 41527 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
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
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.

Effective Date: 8/19/2004