[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB0885
LRB9105807KSgc
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. Before it
27 adopts an increase in the rates for toll, the Authority shall
28 hold a public hearing at which any person may appear, express
29 opinions, suggestions, or objections, or direct inquiries
30 relating to the proposed increase. Any person may submit a
31 written statement to the Authority at the hearing, whether
-2- LRB9105807KSgc
1 appearing in person or not. The hearing shall be held in the
2 county in which the proposed increase of the rates is to take
3 place. The Authority shall give notice of the hearing by
4 advertisement on 3 successive days at least 15 days prior to
5 the date of the hearing in a daily newspaper of general
6 circulation within the county within which the hearing is
7 held. The notice shall state the date, time, and place of
8 the hearing, shall contain a description of the proposed
9 increase, and shall specify how interested persons may obtain
10 copies of any reports, resolutions, or certificates
11 describing the basis on which the proposed change,
12 alteration, or modification was calculated. After
13 consideration of any statements filed or oral opinions,
14 suggestions, objections, or inquiries made at the hearing,
15 the Authority may proceed to adopt the proposed increase of
16 the rates for toll. No change or alteration in or
17 modification of the rates for toll shall be effective unless
18 at least 30 days prior to the effective date of such rates
19 notice thereof shall be given to the public by publication in
20 a newspaper of general circulation, and such notice, or
21 notices, thereof shall be posted and publicly displayed at
22 each and every toll station upon or along said toll highways.
23 The Authority may not increase the rates for toll without the
24 approval of the General Assembly and the Governor. The
25 Governor's approval shall be in writing and the General
26 Assembly's approval shall be by joint resolution.
27 (d) To construct, at the Authority's discretion, grade
28 separations at intersections with any railroads, waterways,
29 street railways, streets, thoroughfares, public roads or
30 highways intersected by the said toll highways, and to change
31 and adjust the lines and grades thereof so as to accommodate
32 the same to the design of such grade separation and to
33 construct interchange improvements. The Authority is
34 authorized to provide such grade separations or interchange
-3- LRB9105807KSgc
1 improvements at its own cost or to enter into contracts or
2 agreements with reference to division of cost therefor with
3 any municipality or political subdivision of the State of
4 Illinois, or with the Federal Government, or any agency
5 thereof, or with any corporation, individual, firm, person or
6 association. Where such structures have been built by the
7 Authority and a local highway agency did not enter into an
8 agreement to the contrary, the Authority shall maintain the
9 entire structure, including the road surface, at the
10 Authority's expense.
11 (e) To contract with and grant concessions to or lease
12 or license to any person, partnership, firm, association or
13 corporation so desiring the use of any part of any toll
14 highways, excluding the paved portion thereof, but including
15 the right of way adjoining, under, or over said paved portion
16 for the placing of telephone, telegraph, electric, power
17 lines and other utilities, and for the placing of pipe lines,
18 and to enter into operating agreements with or to contract
19 with and grant concessions to or to lease to any person,
20 partnership, firm, association or corporation so desiring the
21 use of any part of the toll highways, excluding the paved
22 portion thereof, but including the right of way adjoining, or
23 over said paved portion for motor fuel service stations and
24 facilities, garages, stores and restaurants, or for any other
25 lawful purpose, and to fix the terms, conditions, rents,
26 rates and charges for such use.
27 The Authority shall also have power to establish
28 reasonable regulations for the installation, construction,
29 maintenance, repair, renewal, relocation and removal of
30 pipes, mains, conduits, cables, wires, towers, poles and
31 other equipment and appliances (herein called public
32 utilities) of any public utility as defined in the Public
33 Utilities Act along, over or under any toll road project.
34 Whenever the Authority shall determine that it is necessary
-4- LRB9105807KSgc
1 that any such public utility facilities which now are located
2 in, on, along, over or under any project or projects be
3 relocated or removed entirely from any such project or
4 projects, the public utility owning or operating such
5 facilities shall relocate or remove the same in accordance
6 with the order of the Authority. All costs and expenses of
7 such relocation or removal, including the cost of installing
8 such facilities in a new location or locations, and the cost
9 of any land or lands, or interest in land, or any other
10 rights required to accomplish such relocation or removal
11 shall be ascertained and paid by the Authority as a part of
12 the cost of any such project or projects, and further, there
13 shall be no rent, fee or other charge of any kind imposed
14 upon the public utility owning or operating any facilities
15 ordered relocated on the properties of the said Authority and
16 the said Authority shall grant to the said public utility
17 owning or operating said facilities and its successors and
18 assigns the right to operate the same in the new location or
19 locations for as long a period and upon the same terms and
20 conditions as it had the right to maintain and operate such
21 facilities in their former location or locations.
22 (Source: P.A. 90-681, eff. 7-31-98.)