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1 | AN ACT in relation to transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Toll Highway Act is amended by changing | |||||||||||||||||||
5 | Section 11 as
follows:
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6 | (605 ILCS 10/11) (from Ch. 121, par. 100-11)
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7 | Sec. 11. The Authority shall have power:
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8 | (a) To enter upon lands, waters and premises in the State | |||||||||||||||||||
9 | for the
purpose of making surveys, soundings, drillings and | |||||||||||||||||||
10 | examinations as may be
necessary, expedient or convenient for | |||||||||||||||||||
11 | the purposes of this Act, and such
entry shall not be deemed to | |||||||||||||||||||
12 | be a trespass, nor shall an entry for such
purpose be deemed an | |||||||||||||||||||
13 | entry under any condemnation proceedings which may be
then | |||||||||||||||||||
14 | pending; provided, however, that the Authority shall make
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15 | reimbursement for any actual damage resulting to such lands, | |||||||||||||||||||
16 | waters and
premises as the result of such activities.
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17 | (b) To construct, maintain and operate stations for the | |||||||||||||||||||
18 | collection of
tolls or charges upon and along any toll | |||||||||||||||||||
19 | highways.
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20 | (c) To provide for the collection of tolls and charges for | |||||||||||||||||||
21 | the privilege
of using the said toll highways.
Before it adopts | |||||||||||||||||||
22 | an increase in the
rates for toll, the Authority shall hold a | |||||||||||||||||||
23 | public
hearing at which any person may appear, express | |||||||||||||||||||
24 | opinions, suggestions, or
objections, or direct inquiries | |||||||||||||||||||
25 | relating to the proposed increase.
Any person may submit a | |||||||||||||||||||
26 | written statement to the Authority at
the hearing, whether | |||||||||||||||||||
27 | appearing in person or not. The hearing shall be held in
the | |||||||||||||||||||
28 | county in which the proposed
increase of the rates is to take | |||||||||||||||||||
29 | place. The
Authority shall give notice of the hearing by | |||||||||||||||||||
30 | advertisement on
3 successive days at least 15 days prior to | |||||||||||||||||||
31 | the date of the hearing in a daily
newspaper of general | |||||||||||||||||||
32 | circulation within the county within which the
hearing is held.
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1 | The notice shall state the date, time, and place of the | ||||||
2 | hearing, shall contain
a description of the proposed increase, | ||||||
3 | and shall
specify how interested persons may obtain copies of | ||||||
4 | any reports, resolutions,
or certificates describing the basis | ||||||
5 | on which the proposed change, alteration,
or modification was | ||||||
6 | calculated. After consideration of any statements filed or
oral | ||||||
7 | opinions, suggestions, objections, or inquiries made at the | ||||||
8 | hearing, the
Authority may proceed to adopt the proposed | ||||||
9 | increase
of the rates for toll. No change or alteration in or | ||||||
10 | modification
of the rates for toll shall be effective unless at | ||||||
11 | least 30 days
prior to the effective date of such rates notice | ||||||
12 | thereof
shall be given to
the public by publication in a | ||||||
13 | newspaper of general circulation, and such
notice, or notices, | ||||||
14 | thereof shall be posted and publicly displayed at each
and | ||||||
15 | every toll station upon or along said toll highways.
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16 | (d) To construct, at the Authority's discretion, grade | ||||||
17 | separations
at intersections with any railroads, waterways, | ||||||
18 | street railways, streets,
thoroughfares, public roads or | ||||||
19 | highways intersected by the said toll
highways, and to change | ||||||
20 | and adjust the lines and grades thereof so as to
accommodate | ||||||
21 | the same to the design of such grade separation and to
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22 | construct interchange improvements. The Authority is | ||||||
23 | authorized to provide
such grade separations or interchange | ||||||
24 | improvements at its own cost or to
enter into contracts or | ||||||
25 | agreements with reference to division of cost
therefor with any | ||||||
26 | municipality or political subdivision of the State of
Illinois, | ||||||
27 | or with the Federal Government, or any agency thereof, or with
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28 | any corporation, individual, firm, person or association. | ||||||
29 | Where such
structures have been built by the Authority and a | ||||||
30 | local highway agency did
not enter into an agreement to the | ||||||
31 | contrary, the Authority shall maintain
the entire structure, | ||||||
32 | including the road surface, at the Authority's expense.
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33 | (e) To contract with and grant concessions to or lease or | ||||||
34 | license to any
person, partnership, firm, association or | ||||||
35 | corporation so desiring the use
of any part of any toll | ||||||
36 | highways, excluding the paved portion thereof, but
including |
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1 | the right of way adjoining, under, or over said paved portion | ||||||
2 | for
the placing of telephone, telegraph, electric, power lines | ||||||
3 | and other
utilities, and for the placing of pipe lines, and to | ||||||
4 | enter into operating
agreements with or to contract with and | ||||||
5 | grant concessions to or to lease to
any person, partnership, | ||||||
6 | firm, association or corporation so desiring the
use of any | ||||||
7 | part of the toll highways, excluding the paved portion thereof,
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8 | but including the right of way adjoining, or over said paved | ||||||
9 | portion for
motor fuel service stations and facilities, | ||||||
10 | garages, stores and
restaurants, or for any other lawful | ||||||
11 | purpose, and to fix the terms,
conditions, rents, rates and | ||||||
12 | charges for such use.
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13 | The Authority shall also have power to establish reasonable | ||||||
14 | regulations
for the installation, construction, maintenance, | ||||||
15 | repair, renewal,
relocation and removal of pipes, mains, | ||||||
16 | conduits, cables, wires, towers,
poles and other equipment and | ||||||
17 | appliances (herein called public utilities)
of any public | ||||||
18 | utility as defined in the Public Utilities Act along,
over or | ||||||
19 | under any toll road project. Whenever the Authority shall | ||||||
20 | determine
that it is necessary that any such public utility | ||||||
21 | facilities which now are
located in, on, along, over or under | ||||||
22 | any project or projects be relocated
or removed entirely from | ||||||
23 | any such project or projects, the public utility
owning or | ||||||
24 | operating such facilities shall relocate or remove the same in
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25 | accordance with the order of the Authority. All costs and | ||||||
26 | expenses of such
relocation or removal, including the cost of | ||||||
27 | installing such facilities in
a new location or locations, and | ||||||
28 | the cost of any land or lands, or interest
in land, or any | ||||||
29 | other rights required to accomplish such relocation or
removal | ||||||
30 | shall be ascertained and paid by the Authority as a part of the
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31 | cost of any such project or projects, and further, there shall | ||||||
32 | be no rent,
fee or other charge of any kind imposed upon the | ||||||
33 | public utility owning or
operating any facilities ordered | ||||||
34 | relocated on the properties of the said
Authority and the said | ||||||
35 | Authority shall grant to the said public utility
owning or | ||||||
36 | operating said facilities and its successors and assigns the
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1 | right to operate the same in the new location or locations for | ||||||
2 | as long a
period and upon the same terms and conditions as it | ||||||
3 | had the right to
maintain and operate such facilities in their | ||||||
4 | former location or locations.
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5 | (f) To enter into an intergovernmental agreement or | ||||||
6 | contract with a unit of local government or other
public or | ||||||
7 | private entity for the collection by electronic means
of tolls,
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8 | fees, and revenue.
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9 | (Source: P.A. 90-681, eff. 7-31-98.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law. |