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Public Act 91-0562
HB2008 Enrolled LRB9104634DHmg
AN ACT creating the 25th Avenue Railroad Relocation and
Redevelopment Authority.
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
25th Avenue Railroad Relocation and Development Authority
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 and
the Village of Melrose Park, by reason of the location
therein of 25th Avenue and 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, to separate the grades at 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.
Section 10. Creation; duration. There is created a body
politic and corporate, a unit of local government, named the
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. 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, 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.
Section 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 which 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 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 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
railroads, school authorities, or jointly therefrom, grants
of funds or services for any of the purposes of this Act.
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 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
amount or amounts as the Authority may determine, to provide
funds for carrying out the purposes of this Act, 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 35. Taxing powers. The Authority shall not have
the power to levy real property taxes for any purpose
whatsoever.
Section 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 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,
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, 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.
Section 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 55. Organization; chair 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 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
Authority from time to time from among 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 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 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.
Section 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 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 Chair of the
Authority. Subject to prior approval of the designations by
a majority of the Authority, the Chair 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 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 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 80. Rules. The Authority may make all rules and
regulations proper or necessary and to carry into effect the
powers granted to it. The rules and regulations shall be
consistent with the guidelines, objectives, and project scope
as set out by the Illinois Commerce Commission.
Section 85. Fiscal year. The Authority shall designate
its fiscal year.
Section 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. 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.
Section 95. Construction. Nothing in this Act 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 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 25th Avenue railroad grade separation project
and consistent with the objectives of the Authority.
Section 105. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.
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