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90_SB0643
605 ILCS 10/11 from Ch. 121, par. 100-11
Amends the Toll Highway Act to provide that the Illinois
State Toll Highway Authority may not increase the rates for
toll without the approval of the General Assembly and the
Governor.
LRB9001584NTsb
LRB9001584NTsb
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. Any
24 change, alteration in or modification of the rates for toll
25 shall not be effective unless at least 30 days prior to the
26 establishment of such rates notice thereof shall be given to
27 the public by publication in a newspaper of general
28 circulation, and such notice, or notices, thereof shall be
29 posted and publicly displayed at each and every toll station
30 upon or along said toll highways. The Authority may not
31 increase the rates for toll without the approval of the
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1 General Assembly and the Governor. The Governor's approval
2 shall be in writing and the General Assembly's approval shall
3 be by joint resolution.
4 (d) To construct, at the Authority's discretion, grade
5 separations at intersections with any railroads, waterways,
6 street railways, streets, thoroughfares, public roads or
7 highways intersected by the said toll highways, and to change
8 and adjust the lines and grades thereof so as to accommodate
9 the same to the design of such grade separation and to
10 construct interchange improvements. The Authority is
11 authorized to provide such grade separations or interchange
12 improvements at its own cost or to enter into contracts or
13 agreements with reference to division of cost therefor with
14 any municipality or political subdivision of the State of
15 Illinois, or with the Federal Government, or any agency
16 thereof, or with any corporation, individual, firm, person or
17 association. Where such structures have been built by the
18 Authority and a local highway agency did not enter into an
19 agreement to the contrary, the Authority shall maintain the
20 entire structure, including the road surface, at the
21 Authority's expense.
22 (e) To contract with and grant concessions to or lease
23 or license to any person, partnership, firm, association or
24 corporation so desiring the use of any part of any toll
25 highways, excluding the paved portion thereof, but including
26 the right of way adjoining, under, or over said paved portion
27 for the placing of telephone, telegraph, electric, power
28 lines and other utilities, and for the placing of pipe lines,
29 and to enter into operating agreements with or to contract
30 with and grant concessions to or to lease to any person,
31 partnership, firm, association or corporation so desiring the
32 use of any part of the toll highways, excluding the paved
33 portion thereof, but including the right of way adjoining, or
34 over said paved portion for motor fuel service stations and
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1 facilities, garages, stores and restaurants, or for any other
2 lawful purpose, and to fix the terms, conditions, rents,
3 rates and charges for such use.
4 The Authority shall also have power to establish
5 reasonable regulations for the installation, construction,
6 maintenance, repair, renewal, relocation and removal of
7 pipes, mains, conduits, cables, wires, towers, poles and
8 other equipment and appliances (herein called public
9 utilities) of any public utility as defined in the Public
10 Utilities Act along, over or under any toll road project.
11 Whenever the Authority shall determine that it is necessary
12 that any such public utility facilities which now are located
13 in, on, along, over or under any project or projects be
14 relocated or removed entirely from any such project or
15 projects, the public utility owning or operating such
16 facilities shall relocate or remove the same in accordance
17 with the order of the Authority. All costs and expenses of
18 such relocation or removal, including the cost of installing
19 such facilities in a new location or locations, and the cost
20 of any land or lands, or interest in land, or any other
21 rights required to accomplish such relocation or removal
22 shall be ascertained and paid by the Authority as a part of
23 the cost of any such project or projects, and further, there
24 shall be no rent, fee or other charge of any kind imposed
25 upon the public utility owning or operating any facilities
26 ordered relocated on the properties of the said Authority and
27 the said Authority shall grant to the said public utility
28 owning or operating said facilities and its successors and
29 assigns the right to operate the same in the new location or
30 locations for as long a period and upon the same terms and
31 conditions as it had the right to maintain and operate such
32 facilities in their former location or locations.
33 (Source: P.A. 86-1164.)