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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/10-710
(605 ILCS 5/10-710) (from Ch. 121, par. 10-710)
Sec. 10-710.
The corporate authorities of any such municipality are
authorized to take any action that may be necessary to inform owners of
outstanding bonds regarding the financial condition of the fund out of
which the bonds are payable and the necessity of refunding the same and
readjusting the maturities thereof and the corporate authorities may enter
into any agreements required to prepare and carry out any refunding plan,
and without previous appropriation therefor under any law may incur and pay
expenditures that may be necessary in order to accomplish the refunding of such bonds.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-711
(605 ILCS 5/10-711) (from Ch. 121, par. 10-711)
Sec. 10-711.
The holder of any bond or refunding bond or interest coupon by
a civil action, may enforce and compel performance of all duties of the
issuing municipality as required by this Division of this Article and the
ordinance authorizing the issuance of the bonds, including the duties of
fixing sufficient tolls and charges and the collection, segregation, and
application of the revenue derived from the operation of the bridge. In
case of default, a receiver may be appointed by a judge of the circuit court
to take possession of, operate, and maintain the bridge,
charge and collect tolls, and segregate and apply the money received in
accordance with the ordinance relating thereto.
(Source: P.A. 79-1366.)
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605 ILCS 5/10-712
(605 ILCS 5/10-712) (from Ch. 121, par. 10-712)
Sec. 10-712.
Revenue bonds, including refunding bonds, may be issued under
this Division of this Article without submitting the proposition of the
approval of the ordinance or the question of the issuance of the bonds to
the electors of the municipality, except as otherwise provided in Section
10-708.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/10-713
(605 ILCS 5/10-713) (from Ch. 121, par. 10-713)
Sec. 10-713.
Any municipality may by ordinance provide for the
establishment of a Bridge Commission, to consist of 3 persons resident
therein to be appointed by the Mayor, for terms of 4 years and until their
successors are appointed; provided that of the Commissioners first
appointed, one shall be appointed for a term of 2 years, one for 3 years
and one for 4 years, as designated by the Mayor. The Commissioners shall
receive no compensation for their services but shall be reimbursed for
actual expenses incurred in the discharge of their duties. Vacancies in the
office of any Commissioner shall be filled by the Mayor by appointment for
the unexpired term.
The ordinance may vest in the Bridge Commission the duties and
responsibilities incident to the acquisition or construction of the bridge
project, the operation and maintenance of the bridge project, the execution
of contracts for the acquisition, construction and maintenance thereof, the
collection of the tolls and other charges of the municipality for transit
over or use of the bridge, and such other powers as the corporate
authorities may deem necessary or desirable. Nothing in this section shall
be construed to authorize a delegation of power to the Bridge Commission to
adopt any ordinance pertaining to the issuance of revenue bonds or
refunding revenue bonds or the fixing of rates of toll.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-714
(605 ILCS 5/10-714) (from Ch. 121, par. 10-714)
Sec. 10-714.
Where a municipality desires to undertake a bridge project
under this Division of this Article which involves property within the
corporate limits of another municipality or municipalities, the powers
designated in this Division of this Article shall not be exercised in
respect to such property except with the consent of the corporate
authorities of such other municipality or municipalities as evidenced by an
ordinance or ordinances thereof. The municipalities involved may by
agreement determine their respective rights, duties and obligations
thereunder.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-715
(605 ILCS 5/10-715) (from Ch. 121, par. 10-715)
Sec. 10-715.
The State and all counties, municipalities and other municipal
corporations, political subdivisions and public bodies, and public officers
of any thereof, all banks, bankers, trust companies, saving banks and
institutions, building and loan associations, savings and loan
associations, investment companies and other persons carrying on a banking
business, all insurance companies, insurance associations and other persons
carrying on an insurance business, and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest any sinking
funds, moneys or other funds belonging to them or within their control in
any bonds, including refunding bonds, issued pursuant to this Division of
this Article, it being the purpose of this Section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers. However, nothing contained in this
Section may be construed as relieving any person, firm, or corporation from
any duty of exercising reasonable care in selecting securities for purchase
or investment.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/Art. 10 Div. 8
(605 ILCS 5/Art. 10 Div. 8 heading)
DIVISION 8.
MUNICIPAL BRIDGES OVER RIVER FORMING STATE BOUNDARY
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605 ILCS 5/10-801
(605 ILCS 5/10-801) (from Ch. 121, par. 10-801)
Sec. 10-801.
In this Division of this Article, unless the context otherwise
requires:
(1) "Bridge" means any bridge over any river forming a boundary of this
State carrying highway, rail or other traffic, or any deck, level or part
of such bridge whether or not the entire bridge is owned or to be owned by
the municipality, and all property, rights-of-way, easements, approaches,
and franchises in connection therewith, and may mean two or more of such
bridges, decks, levels or parts thereof;
(2) "Net revenue means the gross revenue of a bridge less the reasonable
cost of operating, maintaining, and repairing the bridge;
(3) "United States" means the United States of America and any agent,
agency, department, bureau, commission or authority thereof of whatsoever
kind;
(4) "Holder" means the holder or holders of any of the bonds issued
under the authority of this Division of this Article.
(Source: Laws 1961, p. 2575.)
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605 ILCS 5/10-802
(605 ILCS 5/10-802) (from Ch. 121, par. 10-802)
Sec. 10-802. Each municipality has the power:
(1) To acquire, by purchase or otherwise, construct, | | reconstruct, improve, enlarge, better, operate, maintain and repair any bridge within the corporate limits or within 5 miles of the corporate limits of the municipality;
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(2) To acquire, purchase, hold, use, lease, mortgage,
| | sell, transfer and dispose of any property, real or personal or mixed, tangible or intangible, or any interest therein, in connection with such a bridge, including the power and authority to grant perpetual easements or franchises to any railroad or public transportation facility or any assignee thereof, as a part of the consideration of the purchase of any such bridge, for the exclusive right to the use of a portion or portions of any such bridge for the transportation of persons or property across such bridge;
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(3) To fix, alter, charge, collect, segregate, and
| | apply tolls and other charges for transit over and use of such a bridge, provided that, if electronic toll collection is used on such bridge or ferry, the municipality shall configure the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority;
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(4) To borrow money, make and issue bonds payable
| | from and secured by a pledge of the net revenue of the bridge for the acquisition, construction, reconstruction, improvement, enlargement, betterment or repair of which such bonds may be issued;
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(5) To cooperate with any adjoining state, or any
| | political subdivision, agency, department, bureau, commission or authority thereof, of whatsoever kind, in the acquisition, construction, reconstruction, improvement, enlargement, betterment, operation, maintenance and repair of any bridge, and in defraying the cost thereof;
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(6) To make contracts of every kind and nature and to
| | execute all instruments necessary or convenient for the carrying out of the purposes of this Division of this Article;
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(7) Without limitation of the foregoing, to borrow
| | money and to accept grants from the United States or any person, and to enter into contracts with the United States and such person in connection therewith;
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(7.5) To enter into intergovernmental agreements with
| | the Illinois State Toll Highway Authority to provide for the compatibility of electronic toll collection services or to have the Authority provide electronic toll collection or toll violation enforcement services; and
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| (8) To alter, widen, lay out, open or construct any
| | streets, avenues or boulevards within or without any municipality deemed necessary to provide adequate traffic regulation and approach or approaches to such bridge or bridges, and to borrow money and issue bonds for such purpose as provided by this Division of this Article.
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(Source: P.A. 97-252, eff. 8-4-11.)
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605 ILCS 5/10-803
(605 ILCS 5/10-803) (from Ch. 121, par. 10-803)
Sec. 10-803.
Without limiting any other powers granted in this Division of
this Article, each municipality has the power to provide for the payment of
the cost of acquiring, constructing, reconstructing, improving, enlarging,
bettering or repairing any bridge or for the payment of any portion of such
cost by one or more issues of revenue bonds of the municipality, payable
solely from the net revenue of such bridge. These bonds shall be authorized
by ordinance of the corporate authorities of the municipality and shall be
in substantially the form set forth in the ordinance. The bonds may be
serial or term; redeemable, with or without premium, or non-redeemable;
shall bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
payable at such times as may be provided; shall mature at such times not
exceeding the life of the bridge, for the acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair of which
they are issued, as estimated by the corporate authorities, but in no event
exceeding 40 years; and shall be issued in such amounts and payable at such
place or places, within or without the State, as shall be prescribed in the
ordinance authorizing their issuance. The bonds of any issue may be
delivered in such installments from time to time, and at such place or
places, within or without the State, as the corporate authorities may, by
resolution, determine.
The bonds shall be signed by such officer or officers as the corporate
authorities shall determine, and coupon bonds shall have attached thereto
interest coupons bearing the facsimile signatures of such officer or
officers as the corporate authorities shall determine, in the ordinance
authorizing the bonds. The signature of only one of the officers signing
the bonds need be a manual signature, and the signature of any other
officers signing the bonds may be facsimile signatures. A facsimile of the
seal of the municipality may be imprinted on the bonds. The bonds may be
issued and delivered notwithstanding the fact that an officer signing the
bonds or whose facsimile signature appears upon any of the bonds or coupons
has ceased to hold his office at the time that the bonds are actually
delivered, and notwithstanding the fact that an officer whose facsimile
signature appears upon the bonds or coupons has ceased to hold his office
at the time that the bonds are manually signed by the officer or officers
required to sign the bonds manually.
The bonds of the municipality may be sold in such manner, at such times,
and at such prices as the corporate authorities may determine, but no sale
shall be made at a price which would make the interest cost to maturity on
the money received therefor computed with relation to the absolute maturity
of the bonds in accordance with standard tables of bond values, exceed 6%
annually. The principal of and interest upon the bonds shall be payable
solely from the net revenue derived from the operation of the bridge
acquired, constructed, reconstructed, improved, enlarged, bettered or
repaired with the proceeds of the sale of the bonds. No bond issued
pursuant to this Division of this Article shall constitute an indebtedness
of a municipality within the meaning of any constitutional, statutory or
charter limitation. It shall be plainly stated on the face of each bond in
substance that the bond has been issued under the provisions of this
Division of this Article and that the taxing power and general credit of
the municipality issuing the bond are not pledged to the payment of the
bond, or interest thereon, and that the bond and the interest thereon are
payable solely from the net revenue of the bridge to acquire, construct,
reconstruct, improve, enlarge, better or repair which the bond is issued.
The cost of the acquisition, construction, reconstruction, improvement,
enlargement, betterment or repair of any bridge shall include debt service
reserves to secure the payment of bonds issued therefor under this Division
of this Article, interest during the period, as estimated by the corporate
authorities, of such construction, reconstruction, improvement,
enlargement, betterment or repair and for not exceeding 12 months
thereafter, and also all engineering, legal, architectural, traffic
surveying and other expenses incident to such acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair and incident
to the acquisition of any and all necessary property in connection
therewith and also incident to the financing thereof, including the cost of
acquiring existing franchises, easements, rights, plans, and works of and
relating to the bridge. If the proceeds of the bonds issued shall exceed
the cost as finally determined, the excess shall be applied to the payment,
purchase or redemption of the bonds. Bonds and interest coupons issued
under this Division of this Article shall possess all the qualities of
negotiable instruments. Such bonds shall be legal investments for trustees
and other fiduciaries, and for savings banks, trust companies, and
insurance companies organized under the laws of the State of Illinois.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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