(70 ILCS 1930/1)
Sec. 1. Short title. This Act may be cited as the Southwest Suburban
Railroad Redevelopment Authority Act.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/5)
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 Southwest Suburban area, by reason of the
location therein of vital roadways and their use for
vehicular travel in access to the entire southwest metropolitan Chicago area,
as well as commercial and industrial
growth patterns and accessibility to
manufacturing and freight-related facilities, has become and will
increasingly be the hub of
transportation from all parts of the region and throughout the southwest
metropolitan area. Motor vehicle traffic, pedestrian travel, and the safety of
both motorists and pedestrians are substantially aggravated by the location of
railroad
grade crossings. 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,
and
promote comprehensive planning within and between communities. The presence of
the railroad grade crossings are
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, 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
Southwest Suburban area.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/10)
Sec. 10. Creation; duration. There is created a body politic and
corporate, a unit of local government, named the Southwest Suburban Railroad
Redevelopment Authority, embracing the townships of Bloom, Thornton, Calumet,
Bremen, Orland, Worth, Rich, and Palos.
The
Authority shall continue in existence until
the accomplishment of its objective, the relocation of railroad tracks and
roadways and the grade separation of railroads from the right-of-way and
at-grade crossing closures within the Southwest Suburban area,
or until the Authority officially
resolves that it is impossible or economically unfeasible to fulfill that
objective.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/15)
Sec. 15. Acquisition of property. The Authority has 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. 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.
The Authority may not acquire property by eminent domain.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/20)
Sec. 20. Sale or exchange of property. The Authority has the
power to sell, transfer, exchange, vacate, or assign property acquired for the
purposes of this Act as it deems appropriate.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/25)
Sec. 25. Acceptance of grants, loans, and appropriations. The Authority
has 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 the 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 railroad, any school authority, 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. 95-122, eff. 8-13-07.)
(70 ILCS 1930/30)
Sec. 30. Taxing powers. The Authority may not levy
real property taxes for any purpose whatsoever.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/35)
Sec. 35. Board; compensation and expenses.
The Authority shall be governed by a 5-member board consisting of
members appointed by the Governor with the advice and consent of the Senate.
Two members of the Board must reside within the territory of the Authority. Two members must be former public officials who served within the townships of Bloom, Thornton, Calumet, Bremen, Orland, Worth, Rich, or Palos. One member must have previous employment and management experience with a major railroad company that has significant ties to the Authority. Each member
shall take and subscribe the constitutional oath of
office and file it with the Secretary of State.
The
members of the board 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 board who serves
as secretary or treasurer may receive compensation for services as that
officer.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/40)
Sec. 40. Organization; chair and temporary secretary. As soon as
possible after the effective date of this Act, the board 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 board from time to
time from among members. The board may act through its members by entering
into an agreement that a member act on the board’s behalf, in which
instance the act or performance directed shall be deemed to be exclusively of,
for, and by the board and not the individual act of the member or its
represented person.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/45)
Sec. 45. Meetings; quorum and resolutions. Regular meetings of the
board shall be held at least quarterly, the time and place of those
meetings
to be fixed by the board. Special meetings may be called by the Chair or
by a majority of the members of the board 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 mail at least 48 hours
before the meeting. A majority of the members of the board shall
constitute a quorum for the transaction of business. All action of the
board 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 board.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/50)
Sec. 50. Secretary and Treasurer; oaths; bond of Treasurer. The
board may appoint a Secretary and a Treasurer, who need not be members of
the
board, to hold office at the pleasure of the board, 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 board. The bond shall be payable to the Authority in whatever penal
sum may be directed by the board 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 board. The board may,
at any time, require a new bond for the Treasurer in any penal sum that may
then
be determined by the board.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/55)
Sec. 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 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 board. Subject to prior
approval of the designations by a majority of the board, 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. 95-122, eff. 8-13-07.)
(70 ILCS 1930/60)
Sec. 60. 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. 95-122, eff. 8-13-07.)
(70 ILCS 1930/65)
Sec. 65. Rules. The board may adopt all rules proper or necessary and to carry into effect the powers granted to
it. The rules shall be consistent with the guidelines,
objectives, and project scope as set out by the Illinois Commerce Commission.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/70)
Sec. 70. Fiscal year. The Authority shall designate its fiscal year.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/75)
Sec. 75. Reports and financial statements. Within 60 days after the end
of its fiscal year, the board 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 they relate to the
projects undertaken by the Authority. 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. 95-122, eff. 8-13-07.)
(70 ILCS 1930/80)
Sec. 80. 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. 95-122, eff. 8-13-07.)
(70 ILCS 1930/85)
Sec. 85. 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 projects undertaken by the Authority and
consistent with the objectives of the Authority.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/90)
Sec. 90. Severability. The provisions of this Act are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 95-122, eff. 8-13-07.)
(70 ILCS 1930/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 95-122, eff. 8-13-07.)