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Illinois Compiled Statutes
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ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 10 Div. 3
(605 ILCS 5/Art. 10 Div. 3 heading)
DIVISION 3.
COUNTY TOLL BRIDGES
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605 ILCS 5/10-301
(605 ILCS 5/10-301) (from Ch. 121, par. 10-301)
Sec. 10-301.
Each county of this State, is authorized to acquire by
purchase or otherwise, to construct, repair, maintain and operate a bridge
or bridges over and across any navigable or non-navigable stream within
such county, or forming a boundary line between such county and any other
county in the State of Illinois, or forming a boundary line between the
State of Illinois and any adjoining state, and shall have authority to
exercise all such powers within its boundaries and in adjacent territory
within this State, and in any adjoining state, after first having obtained
authority, if any be necessary, from the Department and the United States.
Such powers may be exercised either directly through the county board of
any such county, or through a bridge commission created as in this Division
of this Article provided.
For the purposes of this Division of this Article "Bridge" means any
bridge over or across any stream, navigable or non-navigable, including any
bridges and the approaches thereto, and all necessary elevated structures
to eliminate intersection at grade with any streets, tunnels, public roads,
thoroughfares, highways, railroads or street railroads.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-302
(605 ILCS 5/10-302) (from Ch. 121, par. 10-302)
Sec. 10-302. Every county which, by ordinance, determines to exercise the
powers granted by this Division of this Article has the right to acquire by
purchase or otherwise, to construct, repair, maintain and operate any such
bridge and its approaches across, above or under any railroad or public
utility right-of-way, and in, upon, under or above any public or private
road, highway, street, alley or public ground, or upon any property owned
by any municipality, political subdivision or agency of this State, and for
the purpose of acquiring property or easements necessary or incidental in
the construction, repair, maintenance or operation of any such bridge and
the approaches thereto, any such county shall have the right of eminent
domain as provided by the Eminent Domain Act. The county board of each such county has power to make, enact
and enforce all needful rules and regulations in connection with the
acquisition, construction, maintenance, operation, management, care or
protection of any such bridge, and such county board shall establish rates
of toll or charges for the use of each such bridge which shall be
sufficient at all times to pay the cost of maintenance and operation of
such bridge and its approaches, and the principal of and interest on all
bonds issued and all other obligations incurred by such county under the
provisions of this Division of this Article. Rules and regulations shall be
established from time to time by ordinance.
Rates of toll or charges for the use of each such bridge shall be
established, revised, maintained, be payable and be enforced,
including by administrative adjudication as provided in Section 10-302.5,
as the county board of each such county may determine by ordinance.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. If electronic toll collection is used on such bridge, the county shall configure the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The county may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services. Any toll bridges in Winnebago County that are in operation and collecting tolls on the effective date of this amendatory Act of the 97th General Assembly are exempt from the provisions of the Act. (Source: P.A. 97-252, eff. 8-4-11.)
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605 ILCS 5/10-302.5
(605 ILCS 5/10-302.5)
Sec. 10-302.5. Administrative adjudication of toll violations.
(a) The county may provide by ordinance for a system of administrative
adjudication for fixing, assessing, and collecting civil fines for a vehicle's
operation on a county toll bridge if the required toll or charge has not been
paid.
(b) An ordinance establishing a system of administrative adjudication under
this Section shall provide for the following:
(1) Written notice of the alleged violation sent by | |
(2) Availability of a hearing in which the violation
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(3) An opportunity for the person who allegedly
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(4) A civil fine not to exceed $500 imposed as the
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(5) A burden of proof on the county to establish a
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(6) Judicial review of final determinations of
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(c) The county may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority under which the Authority may provide administrative adjudication of toll violations occurring on a county toll bridge.
(Source: P.A. 97-252, eff. 8-4-11.)
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605 ILCS 5/10-303
(605 ILCS 5/10-303) (from Ch. 121, par. 10-303)
Sec. 10-303.
For the purpose of acquiring by purchase or otherwise or the
constructing of any such bridge, the county board of each such county is
authorized to borrow money and in evidence thereof to issue the bonds of
such county, and to refund the same from time to time, payable solely from
the revenues derived from the operation of such bridge. Such bonds may be
issued as serial or term bonds, shall mature in not to exceed 40 years from
the date thereof, and may be made redeemable, prior to maturity, with or
without premium. Such bonds may be issued in such amounts as may be
necessary to provide sufficient funds to pay the cost of acquiring or
constructing such bridge and the approaches thereto, including all property
real or personal, necessary or incidental in the acquisition or
construction of such bridge and its approaches, including reasonable legal
and engineering, traffic survey, and architectural fees, costs of
financing, and interest during construction and for not less than 12 months
thereafter. Such bonds shall bear interest at a rate not to exceed that
permitted in "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended,
payable semi-annually. Bonds issued under the provisions of this
Division of this Article have the qualities and incidents of negotiable
instruments under the laws of the State of Illinois, shall be executed in
the name of the county by the chairman of the county board and the county
clerk of such county, and shall be sealed with the corporate seal of the
county, and the interest coupons attached to such bonds shall be executed
by the facsimile signatures of such chairman and county clerk, and such
officials by the execution of such bonds shall adopt as and for their own
proper signatures their respective facsimile signatures appearing on such
coupons. In case any officer whose signature appears on any such bonds or
coupons ceases to be such officer before delivery of such bonds, such
signatures shall nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until such delivery.
Such bonds may be registered as to principal at any time prior to
maturity in the name of the holder on the books of the county in the office
of the county treasurer, such registration to be noted on the reverse side
of the bonds by the county treasurer, and thereafter the principal of such
registered bonds shall be payable only to the registered holder, his legal
representatives or assigns. Such registered bonds shall be transferable to
another registered holder, or back to bearer, only upon presentation to the
county treasurer with the legal assignment duly acknowledged or approved.
Registration of any such bonds shall not affect negotiability of the
coupons thereto attached, but such coupons shall be transferable by
delivery merely.
All such bonds issued by any such county shall be sold in such
manner and at such time as the governing body shall determine. Whenever the
governing body of any such county determines to issue bonds as provided for
in this Division of this Article, it shall adopt an ordinance describing in
a general way the bridge to be acquired or constructed and its general
location. Such ordinance shall set out the aggregate amount of the
estimated cost of the acquisition or construction of such bridge, as
prepared by the engineers employed for that purpose, determine the period
of usefulness thereof and fix the amount of revenue bonds to be issued, the
maturity or maturities, redemption privileges, the interest rate, sinking
fund, and all other details in connection with such bonds, including such
reserve accounts as the county board of such county may deem necessary.
Such ordinance may contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed necessary
or advisable for the assurance of the payment of the bonds thereby
authorized. Revenue bonds issued under the provisions of this Division of
this Article shall be payable solely from the revenue derived from such
bridge, and such bonds shall not, in any event constitute or be deemed an
indebtedness of such county within the meaning of any constitutional
provisions or statutory limitation as to debt, and it shall be plainly
stated on the face of each bond that it does not constitute an indebtedness
within any constitutional or statutory limitation. Such ordinance shall be
published within 30 days after its passage in a newspaper, published and
having a general circulation in such county, and shall not become effective
until 10 days after its publication.
(Source: P.A. 83-225.)
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605 ILCS 5/10-304
(605 ILCS 5/10-304) (from Ch. 121, par. 10-304)
Sec. 10-304.
Any ordinance authorizing the issuance of bonds under this
Division of this Article shall provide for the creation of a sinking fund
into which shall be payable from the revenues of such bridge, from month to
month, as such revenues are collected, such sums in excess of the cost of
maintenance and operation and the sums necessary to maintain any reserve
accounts created by such ordinance, as will be sufficient to pay the
accruing interest and retire the bonds at or before maturity. The moneys in
such sinking fund shall be applied solely in the payment of matured
interest on bonds authorized under the provisions of this Division of this
Article and for the retirement of such bonds at or prior to maturity in the
manner herein provided. All sums in the sinking fund in excess of the
amount required for the payment of interest and principal of all
outstanding bonds for the current year shall be paid out upon the order of
the governing body for the purchase or redemption of bonds issued under the
provisions of this Division of this Article, for the account of which such
sinking fund has been accumulated, where it is possible to purchase or
redeem the same at not more than par and accrued interest. If such bonds
cannot be purchased or redeemed, such funds shall be used to pay the
principal or interest on bonds issued under the provisions of this Division
of this Article as the same become due. Any excess sums in the sinking fund
which cannot be applied to the purchase or redemption of bonds may be
invested in securities of the United States maturing not more than 6 months
after the date such sums can be applied to the retirement of the bonds at
maturity.
Upon the issuance of any bonds as in this Division of this Article
provided and while any of such bonds are outstanding, all revenues, in
excess of the sums required for maintenance and operation of the bridge,
and the maintenance of the reserve accounts created, shall be deposited in
the sinking fund, and shall be used for the purchase, redemption or payment
at maturity of the interest and principal of bonds as provided in this
section, that have been issued in accordance with the provisions of this
Division of this Article.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-305
(605 ILCS 5/10-305) (from Ch. 121, par. 10-305)
Sec. 10-305.
The county treasurer of each such county shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Division of this Article and of all revenues derived from the
operation of any such bridge, and before he shall receive any such funds he
shall be required to post with the county board of such county and subject
to their approval, a separate corporate surety bond in an amount to be
determined by resolution of such county board. He shall be required to keep
proceeds of bonds issued and revenues derived from the operation of any
such bridge separate and apart from all other funds which come into his
hands as the county treasurer, and the proceeds of bonds issued and the
revenues derived from the operation of the bridge shall be by him deposited
in separate bank or savings and loan association accounts
to be designated for that purpose
by the county board of the county. No money shall be paid out of such
accounts by the county treasurer except upon an order signed by the
chairman of the county board or the chairman of the finance committee of
such county board and the county clerk. All such orders shall specify the
purpose for which the amount thereof is to be paid with sufficient
clearness to indicate the purpose for which the order is issued, and there
shall be endorsed thereon the name of the particular fund out of which it
is payable, and it shall be paid from the fund constituted for such purpose
and from no other fund.
(Source: P.A. 83-541.)
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605 ILCS 5/10-306
(605 ILCS 5/10-306) (from Ch. 121, par. 10-306)
Sec. 10-306.
The county board of each such county shall install and
maintain a proper system of accounts, showing the receipts from the
operation of the bridge and the application of the same, and the county
board shall at least once a year cause such accounts to be properly audited
by a certified public accountant and copies of such audit shall be filed in
the office of the county clerk and shall be open for inspection at all
proper times to any taxpayer, bondholder or other creditor of such county.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-307
(605 ILCS 5/10-307) (from Ch. 121, par. 10-307)
Sec. 10-307.
Any holder of a bond or bonds, or any of the coupons of any
bond or bonds issued under the provisions of this Division of this Article
may, by action, mandamus, injunction
or other
proceeding, enforce or compel the performance of all duties required by
this Division of this Article, including the fixing, maintaining and
collecting of such rates of toll or charges for the use of such bridge and
its approaches as will be sufficient for all the purposes provided by this
Division of this Article and the application of the income and revenue
therefor. All bonds issued under the provisions of this Division of this
Article shall enjoy equal rights in respect of the revenues of each such
bridge regardless of the time of the actual issuance or delivery thereof.
(Source: P.A. 83-345.)
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605 ILCS 5/10-308
(605 ILCS 5/10-308) (from Ch. 121, par. 10-308)
Sec. 10-308.
The county board of each such county shall have no power to
borrow money for the acquisition or construction of any such toll bridge or
bridges except as in this Division of this Article provided and all money
borrowed and obligations incurred by each such county in the acquisition or
construction, and in the repair, maintenance and operation of each such
bridge shall be payable solely and only from the revenues derived from the
operation of each such toll bridge.
All contracts for the construction of any such bridge and its approaches
involving the sum of $500 or more, shall be let to the lowest responsible
bidder therefor after notice inviting bids shall have been given by the
county board. Notice inviting bids shall be published at least once in a
daily or weekly newspaper, published and of general circulation in the
county, the date of publication to be not less than 15 days prior to the
date set for receiving bids. The county board shall have the right to
reject all proposals or bids submitted, in which event a new date must be
set for receiving bids and a new advertisement inviting bids published, as
required in the first instance.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-309
(605 ILCS 5/10-309) (from Ch. 121, par. 10-309)
Sec. 10-309.
Title to all property acquired pursuant to this Division of
this Article shall be taken in the name of the county.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-310
(605 ILCS 5/10-310) (from Ch. 121, par. 10-310)
Sec. 10-310.
The county board of each such county shall establish by
ordinance the beginning and ending of a fiscal year for the operation of
each such bridge, which period shall constitute the budget year for the
maintenance and operation of each such bridge, and at least 30 days
prior to the beginning of the first full fiscal year after the
completion of each such bridge, the county board shall prepare a
tentative budget which shall include all proposed operation and
maintenance expenses for the ensuing fiscal year. Such budget shall be
considered by the county board and after consideration and any revision
as may be determined by such county board, it shall be adopted within 30
days after the beginning of each fiscal year by such county board as the
budget for the ensuing year and no expenditures in excess of the budget
shall be made during such fiscal year unless authorized and directed by
a four-fifths vote of the county board of each such county. It shall not
be necessary to include in such budget any statement of necessary
expenditures for debt service or capital outlay incurred in any
preceding year, but the county board shall make provision for such
payments as they become due. Upon the adoption of such budget a copy
thereof shall be filed in the office of the county clerk and shall be
open for inspection by the public. The funds of the county derived from
the operation of any such bridge shall not be subject to the provisions
of "An Act in relation to the budgets of counties not required by law to
pass an annual appropriation bill," approved July 10, 1933, as amended.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-311
(605 ILCS 5/10-311) (from Ch. 121, par. 10-311)
Sec. 10-311.
The county board of each such county may in its discretion, by
ordinance, create a bridge commission for the purpose of exercising the
powers conferred by this Division of this Article if such county board
deems it expedient and necessary. The chairman of the county board, subject
to the approval of the county board, shall appoint 4 persons, all of whom,
in counties under township organization, shall be members of the county
board of such county, who with such chairman, ex officio, shall constitute
a bridge commission to be designated the ".... County Bridge Commission."
All members appointed to such commission shall be legal voters of said
county, and shall have resided in said county for at least 2 years prior to
the date of their appointment to such commission. Any person holding an
elective or appointive public office shall not be eligible for appointment
to the commission, and any person who has held an elective or appointive
public office shall not be eligible for one year after the expiration of
his term of office; provided, however, such restrictions as to eligibility
for appointment shall not be applicable to members of the county board of
the county who shall be eligible for appointment nevertheless.
One of such appointees shall be appointed for a term of one year, one
for a term of 2 years, one for a term of 3 years, and one for a term of 4
years, and annually thereafter appointments to fill the expired terms shall
be made in like manner except that the term of each such appointee shall be
for a term of 4 years. Vacancies shall be filled for any unexpired term in
the same manner as the original appointment. Such bridge commission shall
elect a chairman and vice-chairman from its membership and a secretary who
need not be a member of such commission. The members of the commission
shall receive no compensation for their service and shall give such bond as
may be required from time to time by the county board of the county. The
commission shall fix the compensation of the secretary subject to the
approval thereof by the governing body of the county. The commission shall
have power to establish by-laws, rules and regulations for its own
government and shall have general supervision over the construction,
operation, and management of each such bridge proposed or constructed by
each county under the provisions of this Division of this Article; may
employ engineering, structural and construction experts, inspectors and
attorneys and such other employees as may be necessary in its opinion, fix
their compensation and prescribe their duties. All salaries and
compensation shall be obligations of the county, payable solely from the
revenues derived from the operation of the bridge as provided under this
Division of this Article. The office records, books and accounts of the
bridge commission shall be maintained in the office of the county clerk of
the county.
Each such bridge commission may be authorized and directed by the county
board to prepare all necessary plans and specifications for the
construction of such bridge or bridges, select the location for the same,
determine the size, type, method of construction, make all necessary
estimates of the probable cost of the construction and the acquisition of
land and rights necessary and incidental to the construction of the bridge
and its approaches and enter into all contracts to build and construct such
bridge and its approaches subject to the limitations provided in this
Division of this Article. No plans and specifications or estimate of cost
for the construction of any such bridge and its approaches shall be adopted
by the bridge commission until it has first been submitted to the county
board of the county and approved by such county board, and such bridge
commission shall not enter into any contract or incur any liabilities in
connection with the construction of any such bridge or its approaches
unless and until such contracts or liabilities have been approved by the
county board of such county.
Such bridge commission shall operate, manage and control any such bridge
constructed or acquired under the provisions of this Division of this
Article, fix the rates of toll, or charges for the use thereof, establish
rules and regulations for the use and operation of such bridge, and if and
when authorized by the county board of any such county shall have power to
reconstruct, extend and enlarge any such bridge or bridges.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/10-312
(605 ILCS 5/10-312) (from Ch. 121, par. 10-312)
Sec. 10-312.
The provisions of this Division of this Article shall be
cumulative and shall be considered as conferring additional power on
counties and as additions to and not as limitations upon the power of
counties to acquire, construct, maintain or operate bridges, and as
authorizing the issuance of bonds payable solely from the revenues derived
from the operation of such bridges without submitting the proposition of
issuing such bonds to the voters.
(Source: Laws 1959, p. 196.)
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