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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Highway Code is amended by changing |
5 | | Sections 10-302, 10-302.5, 10-502, 10-602, 10-702, and 10-802 |
6 | | and by adding Section 9-101.5 as follows:
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7 | | (605 ILCS 5/9-101.5 new)
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8 | | Sec. 9-101.5. Standardized electronic toll collection |
9 | | systems. The General Assembly finds that electronic toll |
10 | | collection systems in Illinois should be standardized to |
11 | | promote safety, efficiency, and traveler convenience. The |
12 | | Department shall cooperate with the Illinois State Toll Highway |
13 | | Authority and with other public and private entities to further |
14 | | the goal of standardized toll collection in Illinois. If |
15 | | electronic toll collection is used on any highway constructed |
16 | | or maintained by the Department or by a private entity pursuant |
17 | | to an agreement with the Department, the Department shall |
18 | | require the electronic toll collection system to be compatible |
19 | | with the electronic toll collection system used by the Illinois |
20 | | State Toll Highway Authority. The Department may enter into an |
21 | | intergovernmental agreement with the Illinois State Toll |
22 | | Highway Authority to provide for such compatibility or to have |
23 | | the Authority provide electronic toll collection or toll |
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1 | | violation enforcement services.
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2 | | (605 ILCS 5/10-302) (from Ch. 121, par. 10-302)
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3 | | Sec. 10-302. Every county which, by ordinance, determines |
4 | | to exercise the
powers granted by this Division of this Article |
5 | | has the right to acquire by
purchase or otherwise, to |
6 | | construct, repair, maintain and operate any such
bridge and its |
7 | | approaches across, above or under any railroad or public
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8 | | utility right-of-way, and in, upon, under or above any public |
9 | | or private
road, highway, street, alley or public ground, or |
10 | | upon any property owned
by any municipality, political |
11 | | subdivision or agency of this State, and for
the purpose of |
12 | | acquiring property or easements necessary or incidental in
the |
13 | | construction, repair, maintenance or operation of any such |
14 | | bridge and
the approaches thereto, any such county shall have |
15 | | the right of eminent
domain as provided by the Eminent Domain |
16 | | Act. The county board of each such county has power to make, |
17 | | enact
and enforce all needful rules and regulations in |
18 | | connection with the
acquisition, construction, maintenance, |
19 | | operation, management, care or
protection of any such bridge, |
20 | | and such county board shall establish rates
of toll or charges |
21 | | for the use of each such bridge which shall be
sufficient at |
22 | | all times to pay the cost of maintenance and operation of
such |
23 | | bridge and its approaches, and the principal of and interest on |
24 | | all
bonds issued and all other obligations incurred by such |
25 | | county under the
provisions of this Division of this Article. |
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1 | | Rules and regulations shall be
established from time to time by |
2 | | ordinance.
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3 | | Rates of toll or charges for the use of each such bridge |
4 | | shall be
established, revised, maintained, be payable and be |
5 | | enforced,
including by administrative adjudication as provided |
6 | | in Section 10-302.5,
as the county board of each such county |
7 | | may determine by ordinance.
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8 | | The General Assembly finds that electronic toll collection |
9 | | systems in Illinois should be standardized to promote safety, |
10 | | efficiency, and traveler convenience. If electronic toll |
11 | | collection is used on such bridge, the county shall configure |
12 | | the electronic toll collection system to be compatible with the |
13 | | electronic toll collection system used by the Illinois State |
14 | | Toll Highway Authority. The county may enter into an |
15 | | intergovernmental agreement with the Illinois State Toll |
16 | | Highway Authority to provide for such compatibility or to have |
17 | | the Authority provide electronic toll collection or toll |
18 | | violation enforcement services. |
19 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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20 | | (605 ILCS 5/10-302.5)
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21 | | Sec. 10-302.5. Administrative adjudication of toll |
22 | | violations.
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23 | | (a) The county may provide by ordinance for a system of |
24 | | administrative
adjudication for fixing, assessing, and |
25 | | collecting civil fines for a vehicle's
operation on a county |
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1 | | toll bridge if the required toll or charge has not been
paid.
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2 | | (b) An ordinance establishing a system of administrative |
3 | | adjudication under
this Section shall provide for the |
4 | | following:
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5 | | (1) Written notice of the alleged violation sent by |
6 | | first class U.S. mail.
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7 | | (2) Availability of a hearing in which the violation |
8 | | may be contested on
its merits and the time and manner in |
9 | | which the hearing may be held.
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10 | | (3) An opportunity for the person who allegedly |
11 | | violated the ordinance to
appear at the hearing and contest |
12 | | the merits of the alleged violation. The
rules of evidence |
13 | | shall not apply to the hearing.
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14 | | (4) A civil fine not to exceed $500 imposed as the |
15 | | result of an
administrative adjudication.
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16 | | (5) A burden of proof on the county to establish a |
17 | | violation by a
preponderance of the evidence.
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18 | | (6) Judicial review of final determinations of |
19 | | ordinance violations,
subject to the provisions of the |
20 | | Administrative Review
Law.
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21 | | (c) The county may enter into an intergovernmental |
22 | | agreement with the Illinois State Toll Highway Authority under |
23 | | which the Authority may provide administrative adjudication of |
24 | | toll violations occurring on a county toll bridge. |
25 | | (Source: P.A. 89-120, eff. 7-7-95.)
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1 | | (605 ILCS 5/10-502) (from Ch. 121, par. 10-502)
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2 | | Sec. 10-502. In all cases where a bridge shall heretofore |
3 | | have been
constructed or shall hereafter be constructed across |
4 | | a navigable stream by
any municipality in whole or in part |
5 | | without the territorial limits of such
city, where the |
6 | | population of such municipality furnishing the principal
part |
7 | | of the expenses thereof shall not exceed 10,000 inhabitants, |
8 | | and where
it is necessary to maintain a draw and lights, then a |
9 | | reasonable toll may
be collected by the municipality building |
10 | | such bridge, to be set apart and
appropriated to the expense of |
11 | | maintaining such bridge and keeping such
bridge in repair, and |
12 | | of maintaining, opening and closing proper draws
therefor, and |
13 | | lights, and to the payment of bonds or interest thereon,
issued |
14 | | therefor, as hereinafter provided in this Division of this |
15 | | Article.
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16 | | The General Assembly finds that electronic toll collection |
17 | | systems in Illinois should be standardized to promote safety, |
18 | | efficiency, and traveler convenience. If electronic toll |
19 | | collection is used on such bridge, the municipality shall |
20 | | configure the electronic toll collection system to be |
21 | | compatible with the electronic toll collection system used by |
22 | | the Illinois State Toll Highway Authority. The municipality may |
23 | | enter into an intergovernmental agreement with the Illinois |
24 | | State Toll Highway Authority to provide for such compatibility |
25 | | or to have the Authority provide electronic toll collection or |
26 | | toll violation enforcement services. |
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1 | | (Source: Laws 1959, p. 196.)
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2 | | (605 ILCS 5/10-602) (from Ch. 121, par. 10-602)
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3 | | Sec. 10-602. Every municipality has the power:
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4 | | (1) To construct, or acquire by purchase, lease, gift, |
5 | | or condemnation
in the manner provided for the exercise
of |
6 | | the right of eminent domain under the Eminent Domain Act,
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7 | | ferries and
bridges, the necessary land therefor, and the |
8 | | approaches thereto, whenever
the ferry, bridge, land, or |
9 | | approaches are within the corporate limits, or
within 5 |
10 | | miles of the corporate limits of the municipality, and also |
11 | | to
maintain the specified property;
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12 | | (2) To construct and maintain highways within 5 miles |
13 | | of the corporate
limits of the municipality connecting with |
14 | | either end of such a bridge or
ferry;
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15 | | (3) To construct or acquire by purchase, lease, gift, |
16 | | or condemnation
in the manner provided for the exercise
of |
17 | | the right of eminent domain under the Eminent Domain Act,
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18 | | ferries and
bridges, the necessary land therefor, and the |
19 | | approaches thereto, within 5
miles of the corporate limits |
20 | | of the municipality, over any river forming a
boundary of |
21 | | the State of Illinois, and also to maintain the specified
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22 | | property;
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23 | | (4) To donate money to aid the road districts in which |
24 | | is situated any
ferry, bridge, or highway connecting |
25 | | therewith, specified in this section,
in constructing, or |
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1 | | improving the same, and to issue the bonds of the
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2 | | municipality for that purpose.
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3 | | All such ferries, bridges, and highways shall be free to |
4 | | the public and
no toll shall ever be collected by the |
5 | | municipality except that:
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6 | | (1) Tolls may be collected for transit over and use of |
7 | | bridges defined
in Section 10-801, as provided for in |
8 | | Sections 10-802 and 10-805.
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9 | | (2) Any municipality which, within the provisions of |
10 | | this section, bears
the principal expense and becomes |
11 | | indebted for any ferry, bridge, or the
approach thereto, |
12 | | over any river forming a boundary of the State of
Illinois, |
13 | | may collect a reasonable toll, for the use thereof, to be |
14 | | set
apart and appropriated to the payment of that |
15 | | indebtedness, the interest
thereon, and the expense of |
16 | | maintenance of that bridge, ferry, and approach
thereto, |
17 | | but for no other purpose;
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18 | | (3) Where any municipality is the owner of any toll |
19 | | bridges or ferries
which it is keeping up and maintaining |
20 | | by authority of law, all ownership
and rights vested in the |
21 | | municipality shall continue and be held and
exercised by |
22 | | it, and the municipality from time to time may fix the |
23 | | rates
of toll on those bridges and ferries; and
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24 | | (4) In all cases where, after July 1, 1881, a bridge |
25 | | has been
constructed, or a ferry has been acquired across a |
26 | | navigable stream, by any
municipality in whole or in part, |
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1 | | and where the population of the
municipality furnishing the |
2 | | principal part of the expense thereof did not
exceed 5,000, |
3 | | and where it is necessary to maintain a draw and lights, |
4 | | and
where a debt was incurred by the municipality for these |
5 | | purposes, a
reasonable toll may be collected by the |
6 | | municipality contracting the
indebtedness. This toll shall |
7 | | be set apart and appropriated to the payment
of that |
8 | | indebtedness, the interest thereon, and the expense of |
9 | | keeping the
bridge in repair and of maintaining, opening, |
10 | | and closing the draws and
lights, or, in case of a ferry, |
11 | | keeping the approaches and boat in repair
and for operating |
12 | | the ferry.
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13 | | (5) The General Assembly finds that electronic toll |
14 | | collection systems in Illinois should be standardized to |
15 | | promote safety, efficiency, and traveler convenience. If |
16 | | electronic toll collection is used on such bridge or ferry, |
17 | | the municipality shall configure the electronic toll |
18 | | collection system to be compatible with the electronic toll |
19 | | collection system used by the Illinois State Toll Highway |
20 | | Authority. The municipality may enter into an |
21 | | intergovernmental agreement with the Illinois State Toll |
22 | | Highway Authority to provide for such compatibility or to |
23 | | have the Authority provide electronic toll collection or |
24 | | toll violation enforcement services. |
25 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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1 | | (605 ILCS 5/10-702) (from Ch. 121, par. 10-702)
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2 | | Sec. 10-702. Every municipality has the power:
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3 | | (1) To acquire, by purchase or otherwise, construct, |
4 | | operate and
maintain, and repair any bridge within the |
5 | | corporate limits, or within 5
miles of the corporate limits |
6 | | of the municipality, including the necessary
land therefor |
7 | | and the approaches thereto. In the exercise of the |
8 | | authority
herein granted, the municipality may acquire |
9 | | such property, or any portion
thereof or interest therein |
10 | | through condemnation proceedings for the exercise
of the |
11 | | right of eminent domain under the Eminent Domain Act.
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12 | | (2) To acquire, purchase, hold, use, lease, mortgage, |
13 | | sell, transfer,
and dispose of any property, real, |
14 | | personal, mixed, tangible or intangible,
or any interest |
15 | | therein in connection with such a bridge or bridges;
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16 | | (3) To fix, alter, charge, collect, segregate, and |
17 | | apply tolls and other
charges for transit over and use of |
18 | | such a bridge or bridges , provided that, if electronic toll |
19 | | collection is used on such bridge or ferry, the |
20 | | municipality shall configure the electronic toll |
21 | | collection system to be compatible with the electronic toll |
22 | | collection system used by the Illinois State Toll Highway |
23 | | Authority ;
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24 | | (4) To borrow money, make and issue bonds payable from |
25 | | and secured by a
pledge of net revenue of the bridge for |
26 | | the construction of which such
bonds may be issued;
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1 | | (5) To make contracts of every kind and nature and to |
2 | | execute all
instruments necessary or convenient for the |
3 | | carrying out of the purposes of
this Division of this |
4 | | Article;
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5 | | (6) To accept grants from the United States and to |
6 | | enter into contracts
with the United States in connection |
7 | | therewith;
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8 | | (7) To enter upon any lands, areas, and premises for |
9 | | the purpose of
making soundings, surveys and examinations;
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10 | | (7.5) To enter into intergovernmental agreements with |
11 | | the Illinois State Toll Highway Authority to provide for |
12 | | the compatibility of electronic toll collection services |
13 | | or to have the Authority provide electronic toll collection |
14 | | or toll violation enforcement services; and |
15 | | (8) To do all things necessary to carry out the powers |
16 | | given in this
Division of this Article.
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17 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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18 | | (605 ILCS 5/10-802) (from Ch. 121, par. 10-802)
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19 | | Sec. 10-802. Each municipality has the power:
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20 | | (1) To acquire, by purchase or otherwise, construct, |
21 | | reconstruct,
improve, enlarge, better, operate, maintain and |
22 | | repair any bridge within
the corporate limits or within 5 miles |
23 | | of the corporate limits of the
municipality;
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24 | | (2) To acquire, purchase, hold, use, lease, mortgage, sell, |
25 | | transfer and
dispose of any property, real or personal or |
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1 | | mixed, tangible or intangible,
or any interest therein, in |
2 | | connection with such a bridge, including the
power and |
3 | | authority to grant perpetual easements or franchises to any
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4 | | railroad or public transportation facility or any assignee |
5 | | thereof, as a
part of the consideration of the purchase of any |
6 | | such bridge, for the
exclusive right to the use of a portion or |
7 | | portions of any such bridge for
the transportation of persons |
8 | | or property across such bridge;
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9 | | (3) To fix, alter, charge, collect, segregate, and apply |
10 | | tolls and other
charges for transit over and use of such a |
11 | | bridge , provided that, if electronic toll collection is used on |
12 | | such bridge or ferry, the municipality shall configure the |
13 | | electronic toll collection system to be compatible with the |
14 | | electronic toll collection system used by the Illinois State |
15 | | Toll Highway Authority ;
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16 | | (4) To borrow money, make and issue bonds payable from and |
17 | | secured by a
pledge of the net revenue of the bridge for the |
18 | | acquisition, construction,
reconstruction, improvement, |
19 | | enlargement, betterment or repair of which
such bonds may be |
20 | | issued;
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21 | | (5) To cooperate with any adjoining state, or any political |
22 | | subdivision,
agency, department, bureau, commission or |
23 | | authority thereof, of whatsoever
kind, in the acquisition, |
24 | | construction, reconstruction, improvement,
enlargement, |
25 | | betterment, operation, maintenance and repair of any bridge,
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26 | | and in defraying the cost thereof;
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1 | | (6) To make contracts of every kind and nature and to |
2 | | execute all
instruments necessary or convenient for the |
3 | | carrying out of the purposes of
this Division of this Article;
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4 | | (7) Without limitation of the foregoing, to borrow money |
5 | | and to accept
grants from the United States or any person, and |
6 | | to enter into contracts
with the United States and such person |
7 | | in connection therewith; and
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8 | | (7.5) To enter into intergovernmental agreements with the |
9 | | Illinois State Toll Highway Authority to provide for the |
10 | | compatibility of electronic toll collection services or to have |
11 | | the Authority provide electronic toll collection or toll |
12 | | violation enforcement services; and |
13 | | (8) To alter, widen, lay out, open or construct any |
14 | | streets, avenues or
boulevards within or without any |
15 | | municipality deemed necessary to provide
adequate traffic |
16 | | regulation and approach or approaches to such bridge or
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17 | | bridges, and to borrow money and issue bonds for such purpose |
18 | | as provided
by this Division of this Article.
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19 | | (Source: Laws 1961, p. 2575.)
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20 | | Section 10. The Toll Highway Act is amended by changing |
21 | | Section 11 as follows:
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22 | | (605 ILCS 10/11) (from Ch. 121, par. 100-11)
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23 | | Sec. 11. The Authority shall have power:
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24 | | (a) To enter upon lands, waters and premises in the State |
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1 | | for the
purpose of making surveys, soundings, drillings and |
2 | | examinations as may be
necessary, expedient or convenient for |
3 | | the purposes of this Act, and such
entry shall not be deemed to |
4 | | be a trespass, nor shall an entry for such
purpose be deemed an |
5 | | entry under any condemnation proceedings which may be
then |
6 | | pending; provided, however, that the Authority shall make
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7 | | reimbursement for any actual damage resulting to such lands, |
8 | | waters and
premises as the result of such activities.
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9 | | (b) To construct, maintain and operate stations for the |
10 | | collection of
tolls or charges upon and along any toll |
11 | | highways.
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12 | | (c) To provide for the collection of tolls and charges for |
13 | | the privilege
of using the said toll highways.
Before it adopts |
14 | | an increase in the
rates for toll, the Authority shall hold a |
15 | | public
hearing at which any person may appear, express |
16 | | opinions, suggestions, or
objections, or direct inquiries |
17 | | relating to the proposed increase.
Any person may submit a |
18 | | written statement to the Authority at
the hearing, whether |
19 | | appearing in person or not. The hearing shall be held in
the |
20 | | county in which the proposed
increase of the rates is to take |
21 | | place. The
Authority shall give notice of the hearing by |
22 | | advertisement on
3 successive days at least 15 days prior to |
23 | | the date of the hearing in a daily
newspaper of general |
24 | | circulation within the county within which the
hearing is held.
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25 | | The notice shall state the date, time, and place of the |
26 | | hearing, shall contain
a description of the proposed increase, |
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1 | | and shall
specify how interested persons may obtain copies of |
2 | | any reports, resolutions,
or certificates describing the basis |
3 | | on which the proposed change, alteration,
or modification was |
4 | | calculated. After consideration of any statements filed or
oral |
5 | | opinions, suggestions, objections, or inquiries made at the |
6 | | hearing, the
Authority may proceed to adopt the proposed |
7 | | increase
of the rates for toll. No change or alteration in or |
8 | | modification
of the rates for toll shall be effective unless at |
9 | | least 30 days
prior to the effective date of such rates notice |
10 | | thereof
shall be given to
the public by publication in a |
11 | | newspaper of general circulation, and such
notice, or notices, |
12 | | thereof shall be posted and publicly displayed at each
and |
13 | | every toll station upon or along said toll highways.
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14 | | (d) To construct, at the Authority's discretion, grade |
15 | | separations
at intersections with any railroads, waterways, |
16 | | street railways, streets,
thoroughfares, public roads or |
17 | | highways intersected by the said toll
highways, and to change |
18 | | and adjust the lines and grades thereof so as to
accommodate |
19 | | the same to the design of such grade separation and to
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20 | | construct interchange improvements. The Authority is |
21 | | authorized to provide
such grade separations or interchange |
22 | | improvements at its own cost or to
enter into contracts or |
23 | | agreements with reference to division of cost
therefor with any |
24 | | municipality or political subdivision of the State of
Illinois, |
25 | | or with the Federal Government, or any agency thereof, or with
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26 | | any corporation, individual, firm, person or association. |
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1 | | Where such
structures have been built by the Authority and a |
2 | | local highway agency did
not enter into an agreement to the |
3 | | contrary, the Authority shall maintain
the entire structure, |
4 | | including the road surface, at the Authority's expense.
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5 | | (e) To contract with and grant concessions to or lease or |
6 | | license to any
person, partnership, firm, association or |
7 | | corporation so desiring the use
of any part of any toll |
8 | | highways, excluding the paved portion thereof, but
including |
9 | | the right of way adjoining, under, or over said paved portion |
10 | | for
the placing of telephone, telegraph, electric, power lines |
11 | | and other
utilities, and for the placing of pipe lines, and to |
12 | | enter into operating
agreements with or to contract with and |
13 | | grant concessions to or to lease to
any person, partnership, |
14 | | firm, association or corporation so desiring the
use of any |
15 | | part of the toll highways, excluding the paved portion thereof,
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16 | | but including the right of way adjoining, or over said paved |
17 | | portion for
motor fuel service stations and facilities, |
18 | | garages, stores and
restaurants, or for any other lawful |
19 | | purpose, and to fix the terms,
conditions, rents, rates and |
20 | | charges for such use.
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21 | | The Authority shall also have power to establish reasonable |
22 | | regulations
for the installation, construction, maintenance, |
23 | | repair, renewal,
relocation and removal of pipes, mains, |
24 | | conduits, cables, wires, towers,
poles and other equipment and |
25 | | appliances (herein called public utilities)
of any public |
26 | | utility as defined in the Public Utilities Act along,
over or |
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1 | | under any toll road project. Whenever the Authority shall |
2 | | determine
that it is necessary that any such public utility |
3 | | facilities which now are
located in, on, along, over or under |
4 | | any project or projects be relocated
or removed entirely from |
5 | | any such project or projects, the public utility
owning or |
6 | | operating such facilities shall relocate or remove the same in
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7 | | accordance with the order of the Authority. All costs and |
8 | | expenses of such
relocation or removal, including the cost of |
9 | | installing such facilities in
a new location or locations, and |
10 | | the cost of any land or lands, or interest
in land, or any |
11 | | other rights required to accomplish such relocation or
removal |
12 | | shall be ascertained and paid by the Authority as a part of the
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13 | | cost of any such project or projects, and further, there shall |
14 | | be no rent,
fee or other charge of any kind imposed upon the |
15 | | public utility owning or
operating any facilities ordered |
16 | | relocated on the properties of the said
Authority and the said |
17 | | Authority shall grant to the said public utility
owning or |
18 | | operating said facilities and its successors and assigns the
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19 | | right to operate the same in the new location or locations for |
20 | | as long a
period and upon the same terms and conditions as it |
21 | | had the right to
maintain and operate such facilities in their |
22 | | former location or locations.
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23 | | (f) To enter into an intergovernmental agreement or |
24 | | contract with a unit of local government or other
public or |
25 | | private entity for the collection, enforcement, and |
26 | | administration
of tolls,
fees, revenue, and violations.
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1 | | The General Assembly finds that electronic toll collection |
2 | | systems in Illinois should be standardized to promote safety, |
3 | | efficiency, and traveler convenience. The Authority shall |
4 | | cooperate with other public and private entities to further the |
5 | | goal of standardized toll collection in Illinois and is |
6 | | authorized to provide toll collection and toll violation |
7 | | enforcement services to such entities when doing so is in the |
8 | | best interest of the Authority and consistent with its |
9 | | obligations under Section 23 of this Act.
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10 | | (Source: P.A. 94-636, eff. 8-22-05.)
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11 | | Section 15. The Toll Bridge Act is amended by changing |
12 | | Section 7 as follows:
|
13 | | (605 ILCS 115/7) (from Ch. 137, par. 7)
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14 | | Sec. 7. The county board shall fix the rates of toll, and |
15 | | may from time to
time, alter and change the same, and in case |
16 | | of the neglect of the owner of
the bridge to keep the same in |
17 | | proper repair and safe for the crossing of
persons and |
18 | | property, may prohibit the taking of toll. |
19 | | The General Assembly finds that electronic toll collection |
20 | | systems in Illinois should be standardized to promote safety, |
21 | | efficiency, and traveler convenience. If electronic toll |
22 | | collection is used on such bridge, the county shall cause the |
23 | | configuration of the electronic toll collection system to be |
24 | | compatible with the electronic toll collection system used by |