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| [ House Amendment 001 ] |
91_HB0065
LRB9100520DJcd
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. Before it
24 adopts an increase in the rates for toll, the Authority shall
25 hold a public hearing at which any person may appear, express
26 opinions, suggestions, or objections, or direct inquiries
27 relating to the proposed increase. Any person may submit a
28 written statement to the Authority at the hearing, whether
29 appearing in person or not. The hearing shall be held in the
30 county in which the proposed increase of the rates is to take
31 place. The Authority shall give notice of the hearing by
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1 advertisement on 3 successive days at least 15 days prior to
2 the date of the hearing in a daily newspaper of general
3 circulation within the county within which the hearing is
4 held. The notice shall state the date, time, and place of
5 the hearing, shall contain a description of the proposed
6 increase, and shall specify how interested persons may obtain
7 copies of any reports, resolutions, or certificates
8 describing the basis on which the proposed change,
9 alteration, or modification was calculated. After
10 consideration of any statements filed or oral opinions,
11 suggestions, objections, or inquiries made at the hearing,
12 the Authority may proceed to adopt the proposed increase of
13 the rates for toll. No change or alteration in or
14 modification of the rates for toll shall be effective unless
15 at least 30 days prior to the effective date of such rates
16 notice thereof shall be given to the public by publication in
17 a newspaper of general circulation, and such notice, or
18 notices, thereof shall be posted and publicly displayed at
19 each and every toll station upon or along said toll highways.
20 (d) To construct, at the Authority's discretion, grade
21 separations at intersections with any railroads, waterways,
22 street railways, streets, thoroughfares, public roads or
23 highways intersected by the said toll highways, and to change
24 and adjust the lines and grades thereof so as to accommodate
25 the same to the design of such grade separation and to
26 construct interchange improvements. The Authority is
27 authorized to provide such grade separations or interchange
28 improvements at its own cost or to enter into contracts or
29 agreements with reference to division of cost therefor with
30 any municipality or political subdivision of the State of
31 Illinois, or with the Federal Government, or any agency
32 thereof, or with any corporation, individual, firm, person or
33 association. Where such structures have been built by the
34 Authority and a local highway agency did not enter into an
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1 agreement to the contrary, the Authority shall maintain the
2 entire structure, including the road surface, at the
3 Authority's expense.
4 (e) To contract with and grant concessions to or lease
5 or license to any person, partnership, firm, association or
6 corporation so desiring the use of any part of any toll
7 highways, excluding the paved portion thereof, but including
8 the right of way adjoining, under, or over said paved portion
9 for the placing of telephone, telegraph, electric, fiber
10 optic, power lines and other utilities, and for the placing
11 of pipe lines, and to enter into operating agreements with or
12 to contract with and grant concessions to or to lease to any
13 person, partnership, firm, association or corporation so
14 desiring the use of any part of the toll highways, excluding
15 the paved portion thereof, but including the right of way
16 adjoining, or over said paved portion for motor fuel service
17 stations and facilities, garages, stores and restaurants, or
18 for any other lawful purpose, and to fix the terms,
19 conditions, rents, rates and charges for such use.
20 The Authority shall also have power to establish
21 reasonable regulations for the installation, construction,
22 maintenance, repair, renewal, relocation and removal of
23 pipes, mains, conduits, cables, wires, towers, poles and
24 other equipment and appliances (herein called public
25 utilities) of any public utility as defined in the Public
26 Utilities Act along, over or under any toll road project.
27 Whenever the Authority shall determine that it is necessary
28 that any such public utility facilities which now are located
29 in, on, along, over or under any project or projects be
30 relocated or removed entirely from any such project or
31 projects, the public utility owning or operating such
32 facilities shall relocate or remove the same in accordance
33 with the order of the Authority. All costs and expenses of
34 such relocation or removal, including the cost of installing
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1 such facilities in a new location or locations, and the cost
2 of any land or lands, or interest in land, or any other
3 rights required to accomplish such relocation or removal
4 shall be ascertained and paid by the Authority as a part of
5 the cost of any such project or projects, and further, there
6 shall be no rent, fee or other charge of any kind imposed
7 upon the public utility owning or operating any facilities
8 ordered relocated on the properties of the said Authority and
9 the said Authority shall grant to the said public utility
10 owning or operating said facilities and its successors and
11 assigns the right to operate the same in the new location or
12 locations for as long a period and upon the same terms and
13 conditions as it had the right to maintain and operate such
14 facilities in their former location or locations.
15 (Source: P.A. 90-681, eff. 7-31-98.)