State of Illinois
92nd General Assembly

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



 1        AN ACT in relation to 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. Before  it
23    adopts an increase in the rates for toll, the Authority shall
24    hold a public hearing at which any person may appear, express
25    opinions,  suggestions,  or  objections,  or direct inquiries
26    relating to the proposed increase.   Any person may submit  a
27    written  statement  to  the Authority at the hearing, whether
28    appearing in person or not.  The hearing shall be held in the
29    county in which the proposed increase of the rates is to take
30    place.  The Authority shall give notice  of  the  hearing  by
31    advertisement  on 3 successive days at least 15 days prior to
                            -2-                LRB9211177DHmg
 1    the date of the hearing  in  a  daily  newspaper  of  general
 2    circulation  within  the  county  within which the hearing is
 3    held.  The notice shall state the date, time,  and  place  of
 4    the  hearing,  shall  contain  a  description of the proposed
 5    increase, and shall specify how interested persons may obtain
 6    copies  of  any   reports,   resolutions,   or   certificates
 7    describing   the   basis   on   which  the  proposed  change,
 8    alteration,   or   modification   was   calculated.     After
 9    consideration  of  any  statements  filed  or  oral opinions,
10    suggestions, objections, or inquiries made  at  the  hearing,
11    the  Authority  may proceed to adopt the proposed increase of
12    the  rates  for  toll.   No  change  or  alteration   in   or
13    modification  of the rates for toll shall be effective unless
14    at least 30 days prior to the effective date  of  such  rates
15    notice thereof shall be given to the public by publication in
16    a  newspaper  of  general  circulation,  and  such notice, or
17    notices, thereof shall be posted and  publicly  displayed  at
18    each and every toll station upon or along said toll highways.
19        (d)  To  construct,  at the Authority's discretion, grade
20    separations at intersections with any  railroads,  waterways,
21    street  railways,  streets,  thoroughfares,  public  roads or
22    highways intersected by the said toll highways, and to change
23    and adjust the lines and grades thereof so as to  accommodate
24    the  same  to  the  design  of  such  grade separation and to
25    construct  interchange   improvements.   The   Authority   is
26    authorized  to  provide such grade separations or interchange
27    improvements at its own cost or to enter  into  contracts  or
28    agreements  with  reference to division of cost therefor with
29    any municipality or political subdivision  of  the  State  of
30    Illinois,  or  with  the  Federal  Government,  or any agency
31    thereof, or with any corporation, individual, firm, person or
32    association. Where such structures have  been  built  by  the
33    Authority  and  a  local highway agency did not enter into an
34    agreement to the contrary, the Authority shall  maintain  the
                            -3-                LRB9211177DHmg
 1    entire   structure,   including  the  road  surface,  at  the
 2    Authority's expense.
 3        (e)  To contract with and grant concessions to  or  lease
 4    or  license  to any person, partnership, firm, association or
 5    corporation so desiring the use  of  any  part  of  any  toll
 6    highways,  excluding the paved portion thereof, but including
 7    the right of way adjoining, under, or over said paved portion
 8    for the placing  of  telephone,  telegraph,  electric,  power
 9    lines and other utilities, and for the placing of pipe lines,
10    and  to  enter  into operating agreements with or to contract
11    with and grant concessions to or  to  lease  to  any  person,
12    partnership, firm, association or corporation so desiring the
13    use  of  any  part  of the toll highways, excluding the paved
14    portion thereof, but including the right of way adjoining, or
15    over said paved portion for motor fuel service  stations  and
16    facilities, garages, stores and restaurants, or for any other
17    lawful  purpose,  and  to  fix  the terms, conditions, rents,
18    rates and charges for such use.
19        The  Authority  shall  also  have  power   to   establish
20    reasonable  regulations  for  the installation, construction,
21    maintenance,  repair,  renewal,  relocation  and  removal  of
22    pipes, mains, conduits,  cables,  wires,  towers,  poles  and
23    other   equipment   and   appliances  (herein  called  public
24    utilities) of any public utility as  defined  in  the  Public
25    Utilities  Act  along,  over  or under any toll road project.
26    Whenever the Authority shall determine that it  is  necessary
27    that any such public utility facilities which now are located
28    in,  on,  along,  over  or  under  any project or projects be
29    relocated or  removed  entirely  from  any  such  project  or
30    projects,   the  public  utility  owning  or  operating  such
31    facilities shall relocate or remove the  same  in  accordance
32    with  the  order  of the Authority. All costs and expenses of
33    such relocation or removal, including the cost of  installing
34    such  facilities in a new location or locations, and the cost
                            -4-                LRB9211177DHmg
 1    of any land or lands, or  interest  in  land,  or  any  other
 2    rights  required  to  accomplish  such  relocation or removal
 3    shall be ascertained and paid by the Authority as a  part  of
 4    the  cost of any such project or projects, and further, there
 5    shall be no rent, fee or other charge  of  any  kind  imposed
 6    upon  the  public  utility owning or operating any facilities
 7    ordered relocated on the properties of the said Authority and
 8    the said Authority shall grant to  the  said  public  utility
 9    owning  or  operating  said facilities and its successors and
10    assigns the right to operate the same in the new location  or
11    locations  for  as  long a period and upon the same terms and
12    conditions as it had the right to maintain and  operate  such
13    facilities in their former location or locations.
14        (f)  To  enter  into  a  contract  with  a  unit of local
15    government or other public or private entity under which  the
16    Authority  agrees to collect by electronic means tolls, fees,
17    or revenues on behalf of that entity.
18    (Source: P.A. 90-681, eff. 7-31-98.)

19        Section 99.  Effective date.  This Act  takes  effect  on
20    July 1, 2002.

[ Top ]