State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT in relation to toll highways.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Toll Highway Act is amended by changing
 5    Section 11 as follows:

 6        (605 ILCS 10/11) (from Ch. 121, par. 100-11)
 7        Sec. 11. The Authority shall have power:
 8        (a)  To enter upon lands,  waters  and  premises  in  the
 9    State for the purpose of making surveys, soundings, drillings
10    and examinations as may be necessary, expedient or convenient
11    for  the  purposes  of  this Act, and such entry shall not be
12    deemed to be a trespass, nor shall an entry for such  purpose
13    be  deemed  an entry under any condemnation proceedings which
14    may be then pending; provided, however,  that  the  Authority
15    shall  make  reimbursement for any actual damage resulting to
16    such lands,  waters  and  premises  as  the  result  of  such
17    activities.
18        (b)  To  construct, maintain and operate stations for the
19    collection of tolls  or  charges  upon  and  along  any  toll
20    highways.
21        (c)  To  provide  for the collection of tolls and charges
22    for the privilege of using the said toll highways. All moneys
23    collected at a toll highway station  must  be  used  for  the
24    upkeep  and  maintenance  of that toll highway and may not be
25    used for the expansion of any other toll highway.  Before  it
26    adopts an increase in the rates for toll, the Authority shall
27    hold a public hearing at which any person may appear, express
28    opinions,  suggestions,  or  objections,  or direct inquiries
29    relating to the proposed increase.   Any person may submit  a
30    written  statement  to  the Authority at the hearing, whether
31    appearing in person or not.  The hearing shall be held in the
                            -2-                LRB9215711DHmg
 1    county in which the proposed increase of the rates is to take
 2    place.  The Authority shall give notice  of  the  hearing  by
 3    advertisement  on 3 successive days at least 15 days prior to
 4    the date of the hearing  in  a  daily  newspaper  of  general
 5    circulation  within  the  county  within which the hearing is
 6    held.  The notice shall state the date, time,  and  place  of
 7    the  hearing,  shall  contain  a  description of the proposed
 8    increase, and shall specify how interested persons may obtain
 9    copies  of  any   reports,   resolutions,   or   certificates
10    describing   the   basis   on   which  the  proposed  change,
11    alteration,   or   modification   was   calculated.     After
12    consideration  of  any  statements  filed  or  oral opinions,
13    suggestions, objections, or inquiries made  at  the  hearing,
14    the  Authority  may proceed to adopt the proposed increase of
15    the  rates  for  toll.   No  change  or  alteration   in   or
16    modification  of the rates for toll shall be effective unless
17    at least 30 days prior to the effective date  of  such  rates
18    notice thereof shall be given to the public by publication in
19    a  newspaper  of  general  circulation,  and  such notice, or
20    notices, thereof shall be posted and  publicly  displayed  at
21    each and every toll station upon or along said toll highways.
22    The Authority may not increase the rates for toll without the
23    approval  of  the  General  Assembly  and  the  Governor. The
24    Governor's approval shall  be  in  writing  and  the  General
25    Assembly's approval shall be by joint resolution.
26        (d)  To  construct,  at the Authority's discretion, grade
27    separations at intersections with any  railroads,  waterways,
28    street  railways,  streets,  thoroughfares,  public  roads or
29    highways intersected by the said toll highways, and to change
30    and adjust the lines and grades thereof so as to  accommodate
31    the  same  to  the  design  of  such  grade separation and to
32    construct  interchange   improvements.   The   Authority   is
33    authorized  to  provide such grade separations or interchange
34    improvements at its own cost or to enter  into  contracts  or
                            -3-                LRB9215711DHmg
 1    agreements  with  reference to division of cost therefor with
 2    any municipality or political subdivision  of  the  State  of
 3    Illinois,  or  with  the  Federal  Government,  or any agency
 4    thereof, or with any corporation, individual, firm, person or
 5    association. Where such structures have  been  built  by  the
 6    Authority  and  a  local highway agency did not enter into an
 7    agreement to the contrary, the Authority shall  maintain  the
 8    entire   structure,   including  the  road  surface,  at  the
 9    Authority's expense.
10        (e)  To contract with and grant concessions to  or  lease
11    or  license  to any person, partnership, firm, association or
12    corporation so desiring the use  of  any  part  of  any  toll
13    highways,  excluding the paved portion thereof, but including
14    the right of way adjoining, under, or over said paved portion
15    for the placing  of  telephone,  telegraph,  electric,  power
16    lines and other utilities, and for the placing of pipe lines,
17    and  to  enter  into operating agreements with or to contract
18    with and grant concessions to or  to  lease  to  any  person,
19    partnership, firm, association or corporation so desiring the
20    use  of  any  part  of the toll highways, excluding the paved
21    portion thereof, but including the right of way adjoining, or
22    over said paved portion for motor fuel service  stations  and
23    facilities, garages, stores and restaurants, or for any other
24    lawful  purpose,  and  to  fix  the terms, conditions, rents,
25    rates and charges for such use.
26        The  Authority  shall  also  have  power   to   establish
27    reasonable  regulations  for  the installation, construction,
28    maintenance,  repair,  renewal,  relocation  and  removal  of
29    pipes, mains, conduits,  cables,  wires,  towers,  poles  and
30    other   equipment   and   appliances  (herein  called  public
31    utilities) of any public utility as  defined  in  the  Public
32    Utilities  Act  along,  over  or under any toll road project.
33    Whenever the Authority shall determine that it  is  necessary
34    that any such public utility facilities which now are located
                            -4-                LRB9215711DHmg
 1    in,  on,  along,  over  or  under  any project or projects be
 2    relocated or  removed  entirely  from  any  such  project  or
 3    projects,   the  public  utility  owning  or  operating  such
 4    facilities shall relocate or remove the  same  in  accordance
 5    with  the  order  of the Authority. All costs and expenses of
 6    such relocation or removal, including the cost of  installing
 7    such  facilities in a new location or locations, and the cost
 8    of any land or lands, or  interest  in  land,  or  any  other
 9    rights  required  to  accomplish  such  relocation or removal
10    shall be ascertained and paid by the Authority as a  part  of
11    the  cost of any such project or projects, and further, there
12    shall be no rent, fee or other charge  of  any  kind  imposed
13    upon  the  public  utility owning or operating any facilities
14    ordered relocated on the properties of the said Authority and
15    the said Authority shall grant to  the  said  public  utility
16    owning  or  operating  said facilities and its successors and
17    assigns the right to operate the same in the new location  or
18    locations  for  as  long a period and upon the same terms and
19    conditions as it had the right to maintain and  operate  such
20    facilities in their former location or locations.
21    (Source: P.A. 90-681, eff. 7-31-98.)

[ Top ]