State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB4956 Enrolled                                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
HB4956 Enrolled             -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
HB4956 Enrolled             -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  necessary  to   defease   all
15    outstanding bonds 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
HB4956 Enrolled             -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.

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