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90_SB0641
605 ILCS 10/11 from Ch. 121, par. 100-11
Amends the Toll Highway Act to provide that all moneys
collected at a toll highway station must be used for the
upkeep and maintenance of that toll highway and may not be
used for the expansion of any other toll highway.
LRB9002436NTsb
LRB9002436NTsb
1 AN ACT to amend the Toll Highway Act by changing Section
2 11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Toll Highway Act is amended by changing
6 Section 11 as follows:
7 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
8 Sec. 11. The Authority shall have power:
9 (a) To enter upon lands, waters and premises in the
10 State for the purpose of making surveys, soundings, drillings
11 and examinations as may be necessary, expedient or convenient
12 for the purposes of this Act, and such entry shall not be
13 deemed to be a trespass, nor shall an entry for such purpose
14 be deemed an entry under any condemnation proceedings which
15 may be then pending; provided, however, that the Authority
16 shall make reimbursement for any actual damage resulting to
17 such lands, waters and premises as the result of such
18 activities.
19 (b) To construct, maintain and operate stations for the
20 collection of tolls or charges upon and along any toll
21 highways.
22 (c) To provide for the collection of tolls and charges
23 for the privilege of using the said toll highways. All moneys
24 collected at a toll highway station must be used for the
25 upkeep and maintenance of that toll highway and may not be
26 used for the expansion of any other toll highway. Any change,
27 alteration in or modification of the rates for toll shall not
28 be effective unless at least 30 days prior to the
29 establishment of such rates notice thereof shall be given to
30 the public by publication in a newspaper of general
31 circulation, and such notice, or notices, thereof shall be
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1 posted and publicly displayed at each and every toll station
2 upon or along said toll highways.
3 (d) To construct, at the Authority's discretion, grade
4 separations at intersections with any railroads, waterways,
5 street railways, streets, thoroughfares, public roads or
6 highways intersected by the said toll highways, and to change
7 and adjust the lines and grades thereof so as to accommodate
8 the same to the design of such grade separation and to
9 construct interchange improvements. The Authority is
10 authorized to provide such grade separations or interchange
11 improvements at its own cost or to enter into contracts or
12 agreements with reference to division of cost therefor with
13 any municipality or political subdivision of the State of
14 Illinois, or with the Federal Government, or any agency
15 thereof, or with any corporation, individual, firm, person or
16 association. Where such structures have been built by the
17 Authority and a local highway agency did not enter into an
18 agreement to the contrary, the Authority shall maintain the
19 entire structure, including the road surface, at the
20 Authority's expense.
21 (e) To contract with and grant concessions to or lease
22 or license to any person, partnership, firm, association or
23 corporation so desiring the use of any part of any toll
24 highways, excluding the paved portion thereof, but including
25 the right of way adjoining, under, or over said paved portion
26 for the placing of telephone, telegraph, electric, power
27 lines and other utilities, and for the placing of pipe lines,
28 and to enter into operating agreements with or to contract
29 with and grant concessions to or to lease to any person,
30 partnership, firm, association or corporation so desiring the
31 use of any part of the toll highways, excluding the paved
32 portion thereof, but including the right of way adjoining, or
33 over said paved portion for motor fuel service stations and
34 facilities, garages, stores and restaurants, or for any other
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1 lawful purpose, and to fix the terms, conditions, rents,
2 rates and charges for such use.
3 The Authority shall also have power to establish
4 reasonable regulations for the installation, construction,
5 maintenance, repair, renewal, relocation and removal of
6 pipes, mains, conduits, cables, wires, towers, poles and
7 other equipment and appliances (herein called public
8 utilities) of any public utility as defined in the Public
9 Utilities Act along, over or under any toll road project.
10 Whenever the Authority shall determine that it is necessary
11 that any such public utility facilities which now are located
12 in, on, along, over or under any project or projects be
13 relocated or removed entirely from any such project or
14 projects, the public utility owning or operating such
15 facilities shall relocate or remove the same in accordance
16 with the order of the Authority. All costs and expenses of
17 such relocation or removal, including the cost of installing
18 such facilities in a new location or locations, and the cost
19 of any land or lands, or interest in land, or any other
20 rights required to accomplish such relocation or removal
21 shall be ascertained and paid by the Authority as a part of
22 the cost of any such project or projects, and further, there
23 shall be no rent, fee or other charge of any kind imposed
24 upon the public utility owning or operating any facilities
25 ordered relocated on the properties of the said Authority and
26 the said Authority shall grant to the said public utility
27 owning or operating said facilities and its successors and
28 assigns the right to operate the same in the new location or
29 locations for as long a period and upon the same terms and
30 conditions as it had the right to maintain and operate such
31 facilities in their former location or locations.
32 (Source: P.A. 86-1164.)