(70 ILCS 1915/1)
Sec. 1.
Short title.
This Act may be cited as the Grand Avenue Railroad Relocation Authority Act.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/5)
Sec. 5.
Definitions.
As used in this Act:
“Authority” means the Grand Avenue Railroad Relocation Authority.
“Order” means that particular Order, as amended, entered by the Illinois
Commerce Commission in ICC Docket #T90-0022.
“Person” includes an individual, partnership, firm, public or private
corporation, and government or unit of government.
“Railroads” means the Soo Line Railroad, C P Rail Systems, Wisconsin Central
Ltd., Indiana Harbor Belt Railroad, and other railroads operating or
owning trackage or right of way within the area of the Authority.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/10)
Sec. 10.
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 Franklin Park
by reason of the location there of Grand 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 and massive freight
related services, has 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 major railroad
rights of way that divide the Village east from west and north from south.
Those railroad rights of way have effectively impeded the development of
highway usage and rights of way to further and enhance growth throughout the
region. For the safety of the public it has been necessary to provide large
numbers of protected crossings at great expense to the railroads, but often
without complete safety to the public. The presence of the railroad rights of
way at grade crossings within the Village 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 Grand Avenue and to separate the grades at crossings and to acquire property
for relocation or submergence of the railroad or highways and to create an
agency to facilitate and accomplish that relocation.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/15)
Sec. 15.
Creation; duration.
There is created a body politic and
corporate, a unit of local government, styled Grand Avenue Railroad Relocation
Authority embracing that portion of Leyden Township within the Village of
Franklin Park, Cook County, Illinois. The Authority shall continue in
existence until the accomplishment of its objective, the relocation of the
railroad tracks at Grand Avenue and the grade separation of railroads from the
right of way of Grand Avenue and along with necessary, related improvement of
right of way and at-grade crossing closures within the Village of Franklin
Park, or until the Authority officially resolves that it is impossible or
economically unfeasible to fulfill that objective.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/20)
Sec. 20.
Procedural capacity; seal; office.
The Authority may sue and be
sued in its corporate name, but execution shall not in any case issue against
any property of the Authority. The Authority shall be subject to the
jurisdiction of the Illinois Commerce Commission. It may adopt a common seal
and change the seal at pleasure. The principal office of the Authority shall
be in the Village of Franklin Park, Illinois.
The Authority may enter into contracts for the performance of its objectives,
including agreements with other State entities and departments, as well
as provide for the letting of construction contracts, consultant service
agreements, professional and trade services, and other agreements consistent
with the purposes and objectives of the Authority established by this Act.
The Authority may accept jurisdictional transfer of public right-of-way for
purposes of eliminating at-grade street and railroad crossings.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/25)
Sec. 25. Acquisition of property. The Authority shall have the power to acquire by gift, purchase, legacy, or by
the exercise of eminent domain 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 intrastate commerce. Eminent
domain proceedings shall be conducted in all respects in the manner provided
for the exercise of the right of the eminent domain under the Eminent Domain Act. The Authority shall have “quick take” powers for a
period of 3 years from the effective date of this Act and continuing for any
actions commenced during the 3 years. No condemnation proceedings for the
acquisition of new property shall be instituted without the prior concurrence
of the effected Railroads in the route, width and title to be acquired thereby.
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.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1915/27)
Sec. 27. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1915/30)
Sec. 30.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/35)
Sec. 35.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/40)
Sec. 40.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/45)
Sec. 45.
Taxing powers.
The Authority shall not have the power to levy real
property taxes for any purpose whatsoever.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/50)
Sec. 50.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/55)
Sec. 55.
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 entering upon the duties 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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/60)
Sec. 60.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/65)
Sec. 65.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/70)
Sec. 70.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/75)
Sec. 75.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/80)
Sec. 80.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/85)
Sec. 85.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/90)
Sec. 90.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/95)
Sec. 95.
Fiscal year.
The Authority shall designate its fiscal year.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/100)
Sec. 100.
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 Grand 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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/105)
Sec. 105.
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.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/110)
Sec. 110.
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 Grand Avenue railroad grade separation project and
consistent with the objectives of the Authority.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/115)
Sec. 115.
Severability.
The provisions of this Act are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/205)
Sec. 205.
(Amendatory provisions; text omitted).
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/210)
Sec. 210.
(Amendatory provisions; text omitted).
(Source: P.A. 89-134, eff. 7-14-95.)
(70 ILCS 1915/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 89-134, eff. 7-14-95.)