(70 ILCS 1920/1)
Sec. 1.
Short title.
This Act may be cited as the West Cook Railroad Relocation and Development Authority Act.
(Source: P.A. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/5)
Sec. 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 Village of
Maywood, and the Village of
Melrose Park, by reason of the location therein of 25th Avenue and the First
Avenue vicinity between Lake Street on the North, Oak Street on the South, the
Des Plaines River on the East, and Fifth Avenue on the West and their 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 and First Avenue, to
separate the grades at
crossings, 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
and the First Avenue vicinity between Lake Street on the North, Oak Street on
the South, the Des
Plaines River on the East, and Fifth Avenue on the West.
Additionally, certain development opportunities may exist in the West Cook
County
region from Harlem Avenue on the East to I-294 on the West and from Grand
Avenue on the
North to 31st Street on the South that would stabilize and enhance the tax base
of existing
communities, maintain and revitalize existing commerce and industry, create
opportunities for
modal transportation efficiencies, and promote comprehensive planning within
and between
communities.
(Source: P.A. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/10)
Sec. 10.
Creation; duration.
There is created a body politic and
corporate, a unit of local government, named the West Cook
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 and the Village of Maywood, 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, the grade separation of railroads from the right-of-way and at
grade crossing in the First Avenue vicinity between Lake Street, Oak Street,
the Des Plaines River, and Fifth Avenue, 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.
(Source: P.A. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/15)
Sec. 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 intrastate 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.
(Source: P.A. 95-331, eff. 8-21-07.)
(70 ILCS 1920/20)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/25)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/30)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/35)
Sec. 35.
Taxing powers.
The Authority shall not have the power to levy
real property taxes for any purpose whatsoever.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/40)
Sec. 40.
Board; composition; qualification; compensation and expenses.
The Authority shall be governed by a board consisting of 7 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. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/45)
Sec. 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, 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 Maywood, 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, the Village of Maywood, 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.
(Source: P.A. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/50)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/55)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/60)
Sec. 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 4 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. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/65)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/70)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/75)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/80)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/85)
Sec. 85.
Fiscal year.
The Authority shall designate its fiscal year.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/90)
Sec. 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 and the First 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. 91-562, eff. 8-14-99; 92-352, eff. 8-15-01.)
(70 ILCS 1920/95)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/100)
Sec. 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.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/105)
Sec. 105.
Severability.
The provisions of this Act are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 91-562, eff. 8-14-99.)
(70 ILCS 1920/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 91-562, eff. 8-14-99.)