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Public Act 92-0679
HB4956 Enrolled LRB9215931REpk
AN ACT in relation to transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.570 as follows:
(30 ILCS 105/5.570 new)
Sec. 5.570. The McKinley Bridge Fund.
Section 10. The Illinois Highway Code is amended by
changing Section 10-102 and adding Section 10-102.1 as
follows:
(605 ILCS 5/10-102) (from Ch. 121, par. 10-102)
Sec. 10-102. Before acquiring any bridge or part of a
bridge and its approaches as provided in this Division of
this Article, the Department shall ascertain, except as
otherwise provided in Section 10-102.1, that the bridge and
its approaches are structurally sound and in a good state of
repair, that all bonds or other obligations issued to finance
the cost of constructing or acquiring the bridge and its
approaches have been fully retired and that all interest
charges in connection therewith have been fully paid and that
there are no mortgages, liens or encumbrances of any nature
outstanding against the bridge and its approaches or the real
property acquired in connection therewith, and, in case the
bridge is across a navigable stream, that authority to
construct, maintain and operate the bridge and approaches was
granted by Act of Congress and that the Act, or a subsequent
Act or Acts of Congress in connection therewith, granted full
authority to sell, assign or transfer all rights, powers and
privileges conferred by the Act of Congress. The conveyance
shall be by warranty deed and run to the State of Illinois.
The conveyance shall include any interest in real property
acquired in connection with the bridge, and shall assign and
transfer to the State all rights, powers and privileges
conferred by any Act or Acts of Congress in connection with
the bridge and approaches.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-102.1 new)
Sec. 10-102.1. Transfer of McKinley Bridge.
(a) Findings. The General Assembly makes the following
findings:
(1) The McKinley Bridge, which spans the
Mississippi River between Venice, Illinois and St. Louis,
Missouri, has historically played an important role in
the regional highway transportation system by carrying as
many as 15,000 vehicles per day over the Mississippi
River, with the majority of that traffic during rush
hour.
(2) The City of Venice, Illinois has owned and
operated the McKinley Bridge as a toll bridge since 1958.
(3) The City of Venice has not been able to collect
sufficient toll revenue from the McKinley Bridge to meet
the cost of operating it.
(4) The McKinley Bridge has deteriorated to the
point that the Illinois Department of Transportation
closed it to vehicular traffic due to safety concerns on
October 30, 2001.
(5) The City of Venice wants to transfer the
McKinley Bridge to the State of Illinois and the State of
Missouri.
(6) The City of Venice does not have the financial
resources to defease outstanding toll revenue bonds and
repair the McKinley Bridge to a structurally sound
condition.
(b) Transfer of funds. The Department shall determine
the sum of the amounts owing on all outstanding bonds
relating to the McKinley Bridge and certify that sum to the
Comptroller. The Comptroller shall transfer 50% of that sum
or $2,100,000, whichever is less, from the Road Fund to the
McKinley Bridge Fund, which is hereby created as a special
fund in the State Treasury. All amounts not expended by the
Department as provided in this Section shall be retransferred
to the Road Fund.
(c) Payment by Department. Subject to appropriation,
moneys in the McKinley Bridge Fund may be used by the
Department for the purpose of paying or reimbursing up to 50%
of the sum of the amounts necessary to defease all
outstanding bonds relating to the McKinley Bridge.
(d) Transfer of bridge. Upon the payment of all
outstanding bonds, the release of all liens, and the payment
or release of all debts and other encumbrances relating to
the McKinley Bridge, the City of Venice, or the current owner
or owners, shall convey the McKinley Bridge and all
associated improvements, including approaches and roadways,
to the Department and the Missouri Department of
Transportation, jointly. The Department may not acquire the
McKinley Bridge until all of the outstanding bonds have been
paid in full, all of the liens have been released, and all
other debts and encumbrances relating to the McKinley Bridge
have been paid in full or otherwise extinguished.
Notwithstanding any provision in Section 10-102 or any other
provision of this Code to the contrary, the Department may
acquire the McKinley Bridge pursuant to this Section
regardless of whether it or its approaches are structurally
sound and in a good state of repair.
(e) Intergovernmental agreements. The Department is
authorized to enter into agreements with units of local
government within this State, with the State of Missouri, and
with units of local government in Missouri, and to enter into
any other agreements necessary or appropriate to carry out
the provisions of this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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