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92_HB4956 LRB9215931REpk 1 AN ACT in relation to transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.570 as follows: 6 (30 ILCS 105/5.570 new) 7 Sec. 5.570. The McKinley Bridge Fund. 8 Section 10. The Illinois Highway Code is amended by 9 changing Section 10-102 and adding Section 10-102.1 as 10 follows: 11 (605 ILCS 5/10-102) (from Ch. 121, par. 10-102) 12 Sec. 10-102. Before acquiring any bridge or part of a 13 bridge and its approaches as provided in this Division of 14 this Article, the Department shall ascertain, except as 15 otherwise provided in Section 10-102.1, that the bridge and 16 its approaches are structurally sound and in a good state of 17 repair, that all bonds or other obligations issued to finance 18 the cost of constructing or acquiring the bridge and its 19 approaches have been fully retired and that all interest 20 charges in connection therewith have been fully paid and that 21 there are no mortgages, liens or encumbrances of any nature 22 outstanding against the bridge and its approaches or the real 23 property acquired in connection therewith, and, in case the 24 bridge is across a navigable stream, that authority to 25 construct, maintain and operate the bridge and approaches was 26 granted by Act of Congress and that the Act, or a subsequent 27 Act or Acts of Congress in connection therewith, granted full 28 authority to sell, assign or transfer all rights, powers and 29 privileges conferred by the Act of Congress. The conveyance -2- LRB9215931REpk 1 shall be by warranty deed and run to the State of Illinois. 2 The conveyance shall include any interest in real property 3 acquired in connection with the bridge, and shall assign and 4 transfer to the State all rights, powers and privileges 5 conferred by any Act or Acts of Congress in connection with 6 the bridge and approaches. 7 (Source: Laws 1959, p. 196.) 8 (605 ILCS 5/10-102.1 new) 9 Sec. 10-102.1. Transfer of McKinley Bridge. 10 (a) Findings. The General Assembly makes the following 11 findings: 12 (1) The McKinley Bridge, which spans the 13 Mississippi River between Venice, Illinois and St. Louis, 14 Missouri, has historically played an important role in 15 the regional highway transportation system by carrying as 16 many as 15,000 vehicles per day over the Mississippi 17 River, with the majority of that traffic during rush 18 hour. 19 (2) The City of Venice, Illinois has owned and 20 operated the McKinley Bridge as a toll bridge since 1958. 21 (3) The City of Venice has not been able to collect 22 sufficient toll revenue from the McKinley Bridge to meet 23 the cost of operating it. 24 (4) The McKinley Bridge has deteriorated to the 25 point that the Illinois Department of Transportation 26 closed it to vehicular traffic due to safety concerns on 27 October 30, 2001. 28 (5) The City of Venice wants to transfer the 29 McKinley Bridge to the State of Illinois and the State of 30 Missouri. 31 (6) The City of Venice does not have the financial 32 resources to defease outstanding toll revenue bonds and 33 repair the McKinley Bridge to a structurally sound -3- LRB9215931REpk 1 condition. 2 (b) Transfer of funds. The Department shall determine 3 the sum of the amounts owing on all outstanding bonds 4 relating to the McKinley Bridge and certify that sum to the 5 Comptroller. The Comptroller shall transfer 50% of that sum 6 or $2,100,000, whichever is less, from the Road Fund to the 7 McKinley Bridge Fund, which is hereby created as a special 8 fund in the State Treasury. All amounts not expended by the 9 Department as provided in this Section shall be retransferred 10 to the Road Fund. 11 (c) Payment by Department. Subject to appropriation, 12 moneys in the McKinley Bridge Fund may be used by the 13 Department for the purpose of paying or reimbursing up to 50% 14 of the sum of the amounts owing on all outstanding bonds 15 relating to the McKinley Bridge. 16 (d) Transfer of bridge. Upon the payment of all 17 outstanding bonds, the release of all liens, and the payment 18 or release of all debts and other encumbrances relating to 19 the McKinley Bridge, the City of Venice, or the current owner 20 or owners, shall convey the McKinley Bridge and all 21 associated improvements, including approaches and roadways, 22 to the Department and the Missouri Department of 23 Transportation, jointly. The Department may not acquire the 24 McKinley Bridge until all of the outstanding bonds have been 25 paid in full, all of the liens have been released, and all 26 other debts and encumbrances relating to the McKinley Bridge 27 have been paid in full or otherwise extinguished. 28 Notwithstanding any provision in Section 10-102 or any other 29 provision of this Code to the contrary, the Department may 30 acquire the McKinley Bridge pursuant to this Section 31 regardless of whether it or its approaches are structurally 32 sound and in a good state of repair. 33 (e) Intergovernmental agreements. The Department is 34 authorized to enter into agreements with units of local -4- LRB9215931REpk 1 government within this State, with the State of Missouri, and 2 with units of local government in Missouri, and to enter into 3 any other agreements necessary or appropriate to carry out 4 the provisions of this Section. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.