Full Text of SB1173 95th General Assembly
SB1173sam002 95TH GENERAL ASSEMBLY
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Sen. James A. DeLeo
Filed: 5/17/2007
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| AMENDMENT TO SENATE BILL 1173
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| AMENDMENT NO. ______. Amend Senate Bill 1173, on page 1, | 3 |
| line 5, by replacing "Section 10" with "Sections 10 and 11"; | 4 |
| and
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| on page 10, below line 22, by inserting the following:
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| "(605 ILCS 10/11) (from Ch. 121, par. 100-11)
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| Sec. 11. The Authority shall have power:
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| (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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| reimbursement for any actual damage resulting to such lands, | 16 |
| waters and
premises as the result of such activities.
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| (b) To construct, maintain and operate stations for the | 2 |
| collection of
tolls or charges upon and along any toll | 3 |
| highways.
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| (c) To provide for the collection of tolls and charges for | 5 |
| the privilege
of using the said toll highways.
Before it adopts | 6 |
| an increase in the
rates for toll, the Authority shall hold a | 7 |
| public
hearing at which any person may appear, express | 8 |
| opinions, suggestions, or
objections, or direct inquiries | 9 |
| relating to the proposed increase.
Any person may submit a | 10 |
| written statement to the Authority at
the hearing, whether | 11 |
| appearing in person or not. The hearing shall be held in
the | 12 |
| county in which the proposed
increase of the rates is to take | 13 |
| place. The
Authority shall give notice of the hearing by | 14 |
| advertisement on
3 successive days at least 15 days prior to | 15 |
| the date of the hearing in a daily
newspaper of general | 16 |
| circulation within the county within which the
hearing is held.
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| The notice shall state the date, time, and place of the | 18 |
| hearing, shall contain
a description of the proposed increase, | 19 |
| and shall
specify how interested persons may obtain copies of | 20 |
| any reports, resolutions,
or certificates describing the basis | 21 |
| on which the proposed change, alteration,
or modification was | 22 |
| calculated. After consideration of any statements filed or
oral | 23 |
| opinions, suggestions, objections, or inquiries made at the | 24 |
| hearing, the
Authority may proceed to adopt the proposed | 25 |
| increase
of the rates for toll. No change or alteration in or | 26 |
| modification
of the rates for toll shall be effective unless at |
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| least 30 days
prior to the effective date of such rates notice | 2 |
| thereof
shall be given to
the public by publication in a | 3 |
| newspaper of general circulation, and such
notice, or notices, | 4 |
| thereof shall be posted and publicly displayed at each
and | 5 |
| every toll station upon or along said toll highways.
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| (d) To construct, at the Authority's discretion, grade | 7 |
| separations
at intersections with any railroads, waterways, | 8 |
| street railways, streets,
thoroughfares, public roads or | 9 |
| highways intersected by the said toll
highways, and to change | 10 |
| and adjust the lines and grades thereof so as to
accommodate | 11 |
| the same to the design of such grade separation and to
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| construct interchange improvements. The Authority is | 13 |
| authorized to provide
such grade separations or interchange | 14 |
| improvements at its own cost or to
enter into contracts or | 15 |
| agreements with reference to division of cost
therefor with any | 16 |
| municipality or political subdivision of the State of
Illinois, | 17 |
| or with the Federal Government, or any agency thereof, or with
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| any corporation, individual, firm, person or association. | 19 |
| Where such
structures have been built by the Authority and a | 20 |
| local highway agency did
not enter into an agreement to the | 21 |
| contrary, the Authority shall maintain
the entire structure, | 22 |
| including the road surface, at the Authority's expense.
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| (e) To contract with and grant concessions to or lease or | 24 |
| license to any
person, partnership, firm, association or | 25 |
| corporation so desiring the use
of any part of any toll | 26 |
| highways, excluding the paved portion thereof, but
including |
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| 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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| 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, hotels, or for any other | 11 |
| lawful purpose, and to fix the terms,
conditions, rents, rates | 12 |
| and charges for such use.
Notwithstanding any law to the | 13 |
| contrary, beginning on the effective date of this amendatory | 14 |
| Act of the 95th General Assembly, the Authority shall have the | 15 |
| power to enter into these concessions, licenses, or leases with | 16 |
| terms of up to 50 years. Nothing in this Section shall be | 17 |
| construed as giving the Authority the power to enter into a | 18 |
| sale or lease of the Authority or of all or substantially all | 19 |
| of its assets.
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| The Authority shall also have power to establish reasonable | 21 |
| regulations
for the installation, construction, maintenance, | 22 |
| repair, renewal,
relocation and removal of pipes, mains, | 23 |
| conduits, cables, wires, towers,
poles and other equipment and | 24 |
| appliances (herein called public utilities)
of any public | 25 |
| utility as defined in the Public Utilities Act along,
over or | 26 |
| under any toll road project. Whenever the Authority shall |
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| determine
that it is necessary that any such public utility | 2 |
| facilities which now are
located in, on, along, over or under | 3 |
| any project or projects be relocated
or removed entirely from | 4 |
| any such project or projects, the public utility
owning or | 5 |
| operating such facilities shall relocate or remove the same in
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| accordance with the order of the Authority. All costs and | 7 |
| expenses of such
relocation or removal, including the cost of | 8 |
| installing such facilities in
a new location or locations, and | 9 |
| the cost of any land or lands, or interest
in land, or any | 10 |
| other rights required to accomplish such relocation or
removal | 11 |
| shall be ascertained and paid by the Authority as a part of the
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| cost of any such project or projects, and further, there shall | 13 |
| be no rent,
fee or other charge of any kind imposed upon the | 14 |
| public utility owning or
operating any facilities ordered | 15 |
| relocated on the properties of the said
Authority and the said | 16 |
| Authority shall grant to the said public utility
owning or | 17 |
| operating said facilities and its successors and assigns the
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| right to operate the same in the new location or locations for | 19 |
| as long a
period and upon the same terms and conditions as it | 20 |
| had the right to
maintain and operate such facilities in their | 21 |
| former location or locations.
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| (f) To enter into an intergovernmental agreement or | 23 |
| contract with a unit of local government or other
public or | 24 |
| private entity for the collection, enforcement, and | 25 |
| administration
of tolls,
fees, revenue, and violations.
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| (g) To enter into an agreement involving the use of |
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| Authority assets for promotional purposes so long as the | 2 |
| Authority finds that the agreement provides a benefit to the | 3 |
| Authority or its customers.
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| (Source: P.A. 94-636, eff. 8-22-05.)".
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