(605 ILCS 10/2) (from Ch. 121, par. 100‑2)
Sec. 2.
The following words and terms as used in this Act shall have the
following meanings:
(a) The word "Authority" shall mean The Illinois State Toll Highway
Authority.
(b) The word "person," shall mean any individual, firm, association,
partnership, corporation, trustee or legal representative.
(c) The word "owner," shall include all individuals, copartnerships,
firms, associations, corporations, trustees or legal representatives, and
others having any title or interest in any property, rights or easements
authorized to be acquired by this Act.
(d) The words "toll highway" or "toll highways," shall mean such
highways as are so designed and constructed, in the best professional
judgment of the engineering staff responsible, as to accomplish the
purposes of this Act.
(e) The word "toll" or "tolls" shall mean the compensation to be paid to
The Illinois State Toll Highway Authority for the privilege of using any
toll highway, or portions or parts thereof, by vehicular or other traffic.
(f) The word "cost" as applied to a toll highway shall embrace the cost
of construction, including bridges over or under existing highways and
railroads, the cost of acquisition of all land, rights of way, property,
rights, easements and interests acquired by the Authority for such
construction, the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring any lands
to which such buildings or structures may be moved, the cost of diverting
highways, interchange of highways, access to roads to private property,
including the cost of lands or easements therefor, the cost of all
machinery and equipment, financing charges, interest prior to and during
construction, and for one or more years after completion of construction,
cost of traffic estimates and of engineering and legal expenses, plans,
specifications, surveys, estimates of cost and revenues, other expenses
necessary or incident to determining the feasibility or practicability of
constructing any such toll highway, administrative expenses and such other
expense as may be necessary or incident to the construction of the toll
highway, the financing of such construction and the placing of the highway
in operation.
(Source: Laws 1967, p. 2748.)
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(605 ILCS 10/4) (from Ch. 121, par. 100‑4)
Sec. 4.
Of the directors appointed by the Governor, one such director
shall be appointed by the Governor as chairman and shall hold office for
4 years from the date of his appointment, and until his successor shall
be duly appointed and qualified, but shall be subject to removal by the
Governor for incompetency, neglect of duty or malfeasance.
The chairman shall preside at all meetings of the Board of Directors
of the Authority; shall exercise general supervision over all powers,
duties, obligations and functions of the Authority; and shall approve or
disapprove all resolutions, by‑laws, rules, rates and regulations made
and established by the Board of Directors, and if he shall approve
thereof, he shall sign the same, and such as he shall not approve he
shall return to the Board of Directors with his objections thereto in
writing at the next regular meeting of the Board of Directors occurring
after the passage thereof. Such veto may extend to any one or more items
contained in such resolution, by‑law, rule, rate or regulation, or to
its entirety; and in case the veto extends to a part of such resolution,
by‑law, rule, rate or regulation, the residue thereof shall take effect
and be in force, but in case the chairman shall fail to return any
resolution, by‑law, rule, rate or regulation with his objections thereto
by the time aforesaid, he shall be deemed to have approved the same, and
the same shall take effect accordingly. Upon the return of any
resolution, by‑law, rule, rate or regulation by the chairman, the vote
by which the same was passed shall be reconsidered by the Board of
Directors, and if upon such reconsideration two‑thirds of all the
Directors agree by yeas and nays to pass the same, it shall go into
effect notwithstanding the chairman's refusal to approve thereof.
The chairman shall receive a salary of $18,000 per annum, or as set by
the Compensation Review Board, whichever is greater, payable in
monthly installments, together with reimbursement for necessary expenses
incurred in the performance of his duties. The chairman shall be
eligible for reappointment.
(Source: P.A. 83‑1177.)
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(605 ILCS 10/8) (from Ch. 121, par. 100‑8)
Sec. 8.
The Authority shall have the power:
(a) To acquire, own, use, hire, lease, operate and dispose of
personal property, real property (except with respect to the headquarters
building and surrounding land of the Authority located at 2700 Ogden Avenue,
Downers Grove, Illinois, which may be sold or mortgaged only as provided in
Section 7.5
of the State Property Control Act
to the extent that such property is subject to the State Property Control
Act at the time
of the proposed sale), any interest therein, including
rights‑of‑way, franchises and easements.
(b) To enter into all contracts and agreements necessary or
incidental to the performance of its powers under this Act. All
employment contracts let under this Act shall be in conformity with the
applicable provisions of "An Act regulating wages of laborers, mechanics
and other workers employed under contracts for public works," approved
June 26, 1941, as amended.
(c) To employ and discharge, without regard to the requirements of
any civil service or personnel act, such administrative, engineering,
traffic, architectural, construction, and financial experts, and
inspectors, and such other employees, as are necessary in the
Authority's judgment to carry out the purposes of this Act; and to
establish and administer standards of classification of all of such
persons with respect to their compensation, duties, performance, and
tenure; and to enter into contracts of employment with such persons for
such periods and on such terms as the Authority deems desirable.
(d) To appoint by and with the consent of the Attorney General,
assistant attorneys for such Authority, which said assistant attorneys
shall be under the control, direction and supervision of the Attorney
General and shall serve at his pleasure.
(e) To retain special counsel, subject to the approval of the
Attorney General, as needed from time to time, and fix their
compensation, provided however, such special counsel shall be
subject
to
the control, direction and supervision of the Attorney General and shall
serve at his pleasure.
(f) To acquire, construct, relocate, operate, regulate and maintain
a system of toll highways through and within the State of Illinois.
However, the Authority does not have the power to acquire, operate,
regulate or maintain any system of toll highways or toll bridges or
portions of them (including but not limited to any system organized
pursuant to Division 108 of Article 11 of the Illinois Municipal Code)
in the event either of the following conditions exists at the time the
proposed acquisition, operation, regulation or maintenance of such
system is to become effective:
(1) the principal or interest on bonds or other instruments
evidencing indebtedness of the system are in default; or
(2) the principal or interest on bonds or other instruments
evidencing indebtedness of the system have been in default at any time
during the 5 year period prior to the proposed acquisition.
To facilitate such construction, operation
and maintenance and subject to the approval of the Division of Highways
of the Department of Transportation, the Authority shall have the full
use and advantage of the engineering staff and facilities of the
Department.
(Source: P.A. 93‑19, eff. 6‑20‑03.)
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(605 ILCS 10/9) (from Ch. 121, par. 100‑9)
Sec. 9.
The Authority shall have the power:
(a) To prepare, or cause to be prepared detailed |
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plans, specifications and estimates, from time to time, for the construction, relocation, repair, maintenance and operation of toll highways within and through the State of Illinois.
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(b) To acquire, hold and use real and personal
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property, including rights, rights‑of‑way, franchises, easements and other interests in land as it may desire, or as may be necessary or convenient for its authorized purposes by purchase, gift, grant or otherwise, and to take title thereto; to acquire in the manner that may now or hereafter be provided for by the law of eminent domain of this State, any real or personal property (including road building materials and public lands, parks, playgrounds, reservations, highways or parkways, or parts thereof, or rights therein, of any person, railroad, public service, public utility, or municipality or political subdivision) necessary or convenient for its authorized purpose. Such acquisition of real property, whether by purchase, gift, condemnation or otherwise, wherever necessary or convenient in the discretion of the Authority, may include the extension of existing rights and easements of access, use and crossing held by any person or persons, interests in land abutting on existing highways, and remnants or remainder property; and such acquisitions of real property may be free and clear of, and without any rights or easements of access, use and crossing in favor of any person or persons including interest in any land adjacent or contiguous to the land so acquired, provided however, that nothing herein contained shall be construed to authorize the taking or damaging of any private property for such purposes by the Authority, without just compensation.
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(c) To accept conveyance of fee simple title to, or
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any lesser interest in, land, rights or property conveyed by the Department of Transportation under Section 4‑508.1 of the Illinois Highway Code.
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(c‑1) To establish presently the approximate
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locations and widths of rights of way for future additions to the toll highway system to inform the public and prevent costly and conflicting development of the land involved.
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The Authority shall hold a public hearing whenever
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approximate locations and widths of rights of way for future toll highway additions are to be established. The hearing shall be held in or near the county or counties in which the land to be used is located and notice of the hearing shall be published in a newspaper or newspapers of general circulation in the county or counties involved. Any interested person or his or her representative may be heard. The Authority shall evaluate the testimony given at the hearing.
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The Authority shall make a survey and prepare a map
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showing the location and approximate widths of the rights of way needed for future additions to the toll highway system. The map shall show existing highways in the area involved and the property lines and owners of record of all land that will be needed for the future additions and all other pertinent information. Approval of the map with any changes resulting from the hearing shall be indicated in the record of the hearing and a notice of the approval and a copy of the map shall be filed in the office of the recorder for all counties in which the land needed for future additions is located.
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Public notice of the approval and filing shall be
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given in newspapers of general circulation in all counties in which the land is located and shall be served by registered mail within 60 days thereafter on all owners of record of the land needed for future additions.
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The Authority may approve changes in the map from
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time to time. The changes shall be filed and notice given in the manner provided for an original map.
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After the map is filed and notice thereof given to
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the owners of record of the land needed for future additions, no person shall incur development costs or place improvements in, upon, or under the land involved nor rebuild, alter, or add to any existing structure without first giving 60 days' notice by registered mail to the Authority. This prohibition shall not apply to any normal or emergency repairs to existing structures. The Authority shall have 45 days after receipt of that notice to inform the owner of the Authority's intention to acquire the land involved, after which it shall have an additional 120 days to acquire the land by purchase or to initiate action to acquire the land through the exercise of the right of eminent domain. When the right of way is acquired by the Authority, no damages shall be allowed for any construction, alteration, or addition in violation of this subsection (c‑1) unless the Authority has failed to acquire the land by purchase or has abandoned an eminent domain proceeding initiated in accordance with this subsection (c‑1).
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Any right of way needed for additions to the toll
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highway system may be acquired at any time by the Authority. The time of determination of the value of the property to be taken under this Section for additions to the toll highway system shall be the date of the actual taking, if the property is acquired by purchase, or the date of the filing of a complaint for condemnation, if the property is acquired through the exercise of the right of eminent domain, rather than the date when the map of the proposed right of way was filed of record.
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(c‑2) Not more than 10 years after a protected
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corridor is established under subsection (c‑1), and not later than the expiration of each 10‑year period thereafter, the Authority shall hold a public hearing to discuss the viability and feasibility of the protected corridor. Following the hearing and giving due consideration to the information obtained at the hearing, the Board of Directors of the Authority shall vote to either continue or abolish the protected corridor.
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(d) It is hereby declared, as a matter of
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legislative determination, that the fundamental goal of the people of Illinois is the educational development of all persons to the limits of their capacities, and this educational development requires the provision of environmentally and physically safe facilities.
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If the building line of a building used primarily
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for the purpose of educating elementary or secondary students lies within 100 feet of any ingress or egress ramp that is used or that has been used by traffic exiting or entering any toll highway operated by the Toll Highway Authority, the Toll Highway Authority shall acquire the building, together with any property owned, leased, or utilized adjacent to it and pertaining to its educational operations, from the school district that owns or operates it, for just compensation. "Just compensation" for purposes of this subsection (d) means the replacement cost of the building and adjacent property so that the students educated in the building have the opportunity to be educated according to standards prevailing in the State of Illinois.
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(Source: P.A. 89‑297, eff. 8‑11‑95; 90‑681, eff. 7‑31‑98.)
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(605 ILCS 10/9.45)
Sec. 9.45.
Additional Payments for Dwelling and Rental of Dwelling.
(a) In addition to the amounts authorized to be paid under this Act by
the Authority, the Authority may, as a part of the cost of construction, make
a payment not to exceed $25,000 to any displaced person who is displaced
from a dwelling acquired for a toll highway project actually owned and
occupied by the displaced person for not less than 180 days before the
initiation of negotiations for the acquisition of the property. The payment
shall include the following elements:
(1) The amount, if any, which, when added to the |
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acquisition cost of the dwelling acquired equals the reasonable cost of a comparable replacement dwelling determined in accordance with standards established by the Authority to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced person, reasonably accessible to public services and places of employment, and available on the private market.
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(2) The amount, if any, which will compensate the
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displaced person for any increased interest costs which the person is required to pay for financing the acquisition of any such comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the Authority was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days before the initiation of negotiations for the acquisition of the dwelling.
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(3) Reasonable expenses incurred by the displaced
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person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
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(b) The additional payment authorized under subsection (a) shall not
exceed $25,000 and shall be made only to a displaced person who purchases
and occupies a replacement dwelling that meets the standards established by
the Authority to be decent, safe and sanitary, not later than the end of the
one year period beginning on the date on which he or she receives from the
Authority final payment of all costs of the acquired dwelling, or on the date
on which he or she moves from the dwelling acquired for the highway
project, whichever is the later date.
(c) Any displaced person who is not eligible to receive payment under
subsection (a) and who is displaced from any dwelling which was actually and
lawfully occupied by the displaced person for not less than 90 days before
the initiation of negotiations for acquisition of the dwelling, may be paid by
the Authority either (1) an amount necessary to enable the displaced person
to lease or rent, for a period not to exceed 42 months, a decent, safe, and
sanitary dwelling of standards adequate to accommodate the person in areas
not generally less desirable in regard to public utilities and public and
commercial facilities and reasonably accessible to his or her place of
employment, but not to exceed the sum of $5,250, or (2) the amount
necessary to enable the person to make a down payment, including
incidental expenses described in item (1) of this subsection (c), on the
purchase of a decent, safe, and sanitary dwelling of standards adequate to
accommodate the person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, but not to exceed the
amount payable under item (1) of this subsection (c), except that in the case
of a homeowner who owned and occupied the displaced dwelling for at
least 90 days but not more than 180 days immediately before the initiating
of negotiations, the down payment shall not exceed the amount payable
under this Act for persons who owned and occupied the property for 180
days before the initiation of negotiations.
(d) If comparable replacement sale or rental housing is not available
within the limitations of this Section, the Authority may make a payment in
excess of the maximum payments authorized by this Section as required to
provide replacement housing.
(Source: P.A. 90‑681, eff. 7‑31‑98.)
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(605 ILCS 10/10) (from Ch. 121, par. 100‑10)
Sec. 10. The Authority shall have power:
(a) To pass resolutions, make by‑laws, rules and regulations for the
management, regulation and control of its affairs, and to fix tolls, and to
make, enact and enforce all needful rules and regulations in connection
with the construction, operation, management, care, regulation or
protection of its property or any toll highways, constructed or
reconstructed hereunder.
(a‑5) To fix, assess, and collect civil fines for a vehicle's operation on
a toll highway without the required toll having been paid.
The Authority may
establish by rule a system of civil administrative adjudication to adjudicate
only alleged
instances of a vehicle's operation on a toll highway without the required toll
having been paid, as detected by the Authority's video or photo
surveillance system.
In cases in which the operator of the vehicle is not the registered
vehicle owner, the establishment of
ownership of the vehicle creates a rebuttable presumption that the vehicle was
being operated by an agent
of the registered vehicle owner. If the registered vehicle owner liable for a
violation under this Section was
not the operator of the vehicle at the time of the violation, the owner may
maintain an action for
indemnification against the operator in the circuit court.
Rules establishing a system of civil administrative
adjudication must
provide for written notice,
by first class mail or other means provided by law, to the address of the
registered owner of the cited
vehicle as recorded with the Secretary of State or to the lessee of the cited
vehicle at the last address known
to the lessor of the cited vehicle at the time of the lease,
of the
alleged violation and an opportunity to be heard on the question of the
violation and must provide for the establishment of a toll‑free telephone
number to receive inquiries concerning alleged violations.
The notice shall also inform the registered vehicle owner that failure to
contest in the manner and time
provided shall be deemed an admission of liability and that a final order of
liability may be entered on that admission. A duly
authorized agent of the Authority may perform
or execute the preparation, certification, affirmation, or
mailing of the notice. A notice of violation, sworn or affirmed to or certified
by a duly authorized agent of
the Authority, or a facsimile of the notice, based upon an inspection of
photographs, microphotographs,
videotape, or other recorded images produced
by a video or photo surveillance system, shall be admitted as
prima facie evidence of the correctness of the facts contained in the notice or
facsimile.
Only civil fines,
along with the corresponding outstanding toll, and costs
may be imposed by
administrative adjudication. A fine may be imposed under this paragraph only
if a violation is established by a preponderance of the evidence. Judicial
review of all final orders of the Authority under this paragraph shall be
conducted in the circuit court of the county in which the administrative decision was rendered in accordance with the Administrative Review Law.
Any outstanding toll, fine, additional late payment fine, other
sanction,
or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to
exhaust, judicial review procedures under the Administrative Review
Law are a debt due and owing
the Authority and may be collected in accordance
with applicable law. After expiration of the period in
which judicial review under the Administrative Review Law may be
sought,
unless stayed by a court of competent jurisdiction, a final order of
the Authority under this subsection (a‑5)
may be enforced in
the same manner as a judgment entered by a court of competent jurisdiction.
Notwithstanding any other provision of this Act, the Authority may, with the approval of the Attorney General, retain a law firm or law firms with expertise in the collection of government fines and debts for the purpose of collecting fines, costs, and other moneys due under this subsection (a‑5).
A system of civil administrative adjudication may also provide for a
program of vehicle
immobilization, tow, or impoundment for the purpose of facilitating
enforcement of any final order or orders of
the Authority under this subsection (a‑5) that result in a finding or liability for 5 or more violations after
expiration of the period in which judicial review under the Administrative Review Law may be sought. The registered vehicle owner of a
vehicle immobilized, towed,
or impounded for nonpayment of a final order
of the Authority under this subsection (a‑5) shall have the right
to request a hearing before the Authority's civil administrative adjudicatory
system to challenge the validity
of the immobilization, tow, or impoundment.
This hearing, however, shall not constitute a
readjudication of the merits of previously adjudicated notices.
Judicial review of all final orders of the
Authority under this subsection (a‑5) shall be conducted
in the circuit court of the county in which the administrative decision was rendered in accordance with the Administrative Review Law.
No commercial entity that is the lessor of a vehicle under a written lease agreement shall be liable for an administrative notice of violation for toll evasion issued under this subsection (a‑5) involving that vehicle during the period of the lease if the lessor provides a copy of the leasing agreement to the Authority within 21 days of the issue date on the notice of violation. The leasing agreement also must contain a provision or addendum informing the lessee that the lessee is liable for payment of all tolls and any fines for toll evasion. Each entity must also post a sign at the leasing counter notifying the lessee of that liability. The copy of the leasing agreement provided to the Authority must contain the name, address, and driver's license number of the lessee, as well as the check‑out and return dates and times of the vehicle and the vehicle license plate number and vehicle make and model.
As used in this subsection (a‑5), "lessor" includes commercial leasing and rental entities but does not include public passenger vehicle entities.
The Authority shall establish an amnesty program for
violations adjudicated under this subsection (a‑5). Under the
program, any person who has an outstanding notice of violation
for toll evasion or a final order of a hearing officer for toll
evasion dated prior to the effective date of this amendatory
Act of the 94th General Assembly
and who pays to the
Authority the full percentage amounts listed in this paragraph
remaining due on the notice of violation or final order of the
hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable, on or before 5:00 p.m., Central Standard Time,
of the 60th day after the effective date of this amendatory Act
of the 94th General Assembly shall not be required to pay more
than the listed percentage of the original fine amount and
outstanding toll as listed on the notice of violation or final
order of the hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable. The payment percentage scale
shall be as follows: a person with 25 or fewer violations shall
be eligible for amnesty upon payment of 50% of the original
fine amount and the outstanding tolls; a person with more than
25 but fewer than 51 violations shall be eligible for amnesty
upon payment of 60% of the original fine amount and the
outstanding tolls; and a person with 51 or more violations
shall be eligible for amnesty upon payment of 75% of the
original fine amount and the outstanding tolls. In such a
situation, the Executive Director of the Authority or his or
her designee is authorized and directed to waive any late fine
amount above the applicable percentage of the original fine
amount. Partial payment of the amount due shall not be a basis
to extend the amnesty payment deadline nor shall it act to
relieve the person of liability for payment of the late fine
amount. In order to receive amnesty, the full amount of the
applicable percentage of the original fine amount and
outstanding toll remaining due on the notice of violation or
final order of the hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable, must be paid in full by 5:00
p.m., Central Standard Time, of the 60th day after the
effective date of this amendatory Act of the 94th General
Assembly. This amendatory Act of the 94th General Assembly has
no retroactive effect with regard to payments already tendered
to the Authority that were full payments or payments in an
amount greater than the applicable percentage, and this Act
shall not be the basis for either a refund or a credit. This
amendatory Act of the 94th General Assembly does not apply to
toll evasion citations issued by the Illinois State Police or
other authorized law enforcement agencies and for which payment
may be due to or through the clerk of the circuit court. The
Authority shall adopt rules as necessary to implement the
provisions of this amendatory Act of the 94th General Assembly.
The Authority, by a resolution of the Board of Directors, shall
have the discretion to implement similar amnesty programs in
the future.
The Authority, at its discretion and in consultation with the Attorney
General, is further authorized to settle an administrative fine or
penalty if it determines that settling for less than the full amount
is in the best interests of the Authority after taking into account
the following factors:
(1) the merits of the Authority's claim against the respondent;
(2) the amount that can be collected relative to the
administrative fine or penalty owed by the respondent;
(3) the cost of pursuing further enforcement or collection
action against the respondent;
(4) the likelihood of collecting the full amount owed; and
(5) the burden on the judiciary.
The provisions in this Section may be extended to other
toll facilities in the State of Illinois through a duly
executed agreement between the Authority and
the operator of the toll facility.
(b) To prescribe rules and regulations applicable to traffic on highways
under the jurisdiction of the Authority, concerning:
(1) Types of vehicles permitted to use such highways
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or parts thereof, and classification of such vehicles;
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(2) Designation of the lanes of traffic to be used by
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the different types of vehicles permitted upon said highways;
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(3) Stopping, standing, and parking of vehicles;
(4) Control of traffic by means of police officers or
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(5) Control or prohibition of processions, convoys,
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and assemblages of vehicles and persons;
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(6) Movement of traffic in one direction only on
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designated portions of said highways;
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(7) Control of the access, entrance, and exit of
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vehicles and persons to and from said highways; and
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(8) Preparation, location and installation of all
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traffic signs; and to prescribe further rules and regulations applicable to such traffic, concerning matters not provided for either in the foregoing enumeration or in the Illinois Vehicle Code. Notice of such rules and regulations shall be posted conspicuously and displayed at appropriate points and at reasonable intervals along said highways, by clearly legible markers or signs, to provide notice of the existence of such rules and regulations to persons traveling on said highways. At each toll station, the Authority shall make available, free of charge, pamphlets containing all of such rules and regulations.
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(c) The Authority, in fixing the rate for tolls for the privilege of
using the said toll highways, is authorized and directed, in fixing such
rates, to base the same upon annual estimates to be made, recorded and
filed with the Authority. Said estimates shall include the following: The
estimated total amount of the use of the toll highways; the estimated
amount of the revenue to be derived therefrom, which said revenue, when
added to all other receipts and income, will be sufficient to pay the
expense of maintaining and operating said toll highways, including the
administrative expenses of the Authority, and to discharge all obligations
of the Authority as they become due and payable.
(d) To accept from any municipality or political subdivision any lands,
easements or rights in land needed for the operation, construction,
relocation or maintenance of any toll highways, with or without payment
therefor, and in its discretion to reimburse any such municipality or
political subdivision out of its funds for any cost or expense incurred in
the acquisition of land, easements or rights in land, in connection with
the construction and relocation of the said toll highways, widening,
extending roads, streets or avenues in connection therewith, or for the
construction of any roads or streets forming extension to and connections
with or between any toll highways, or for the cost or expense of widening,
grading, surfacing or improving any existing streets or roads or the
construction of any streets and roads forming extensions of or connections
with any toll highways constructed, relocated, operated, maintained or
regulated hereunder by the Authority. Where property owned by a
municipality or political subdivision is necessary to the construction of
an approved toll highway, if the Authority cannot reach an agreement with
such municipality or political subdivision and if the use to which the
property is being put in the hands of the municipality or political
subdivision is not essential to the existence or the administration of such
municipality or political subdivision, the Authority may acquire the
property by condemnation.
(Source: P.A. 94‑636, eff. 8‑22‑05.)
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(605 ILCS 10/16.1) (from Ch. 121, par. 100‑16.1)
Sec. 16.1.
(A) All contracts for services or supplies required from
time to time by the Authority in the maintenance and operation of any
toll highway or part thereof under the provisions of this Act or all
direct contracts for supplies to be used in the construction of any toll
highway or part thereof to be awarded under this Section, rather than as
a part of a contract pursuant to Section 16 of this Act, when the amount
of any such supplies or services is in excess of the sum of $7,500 shall
be let to the lowest responsible bidder or bidders, on open, competitive
bidding after public advertisement made at least 5 days prior to the
opening of bids, in a newspaper of general circulation in any city of
over 500,000 population, or in any county through which the tollway
passes, in such manner and on one or more occasions as may be prescribed
by the Authority, except that bidding shall not be required in the
following cases:
1. Where the goods or services to be procured are |
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economically procurable from only one source, such as contracts for telephone service, electric energy and other public utility services, housekeeping services, books, pamphlets and periodicals and specially designed business equipment and software.
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2. Where the services required are for professional,
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technical or artistic skills.
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3. Where the services required are for advertising,
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promotional and public relations services.
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4. In emergencies, provided that an affidavit of the
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person or persons authorizing the expenditure shall be filed with the Authority and the Auditor General within 10 days after such authorization setting forth the conditions and circumstances requiring the emergency purchase, the amount expended and the name of the vendor or contractor involved; if only an estimate is available, however, within the 10 days allowed for filing the affidavit, the actual cost shall be reported immediately after it is determined.
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5. In case of expenditures for personal services.
6. Contracts for equipment and spare parts in
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support thereof for the maintenance and operation of any toll highway, or any part thereof, whenever, the Authority shall, by resolution, declare and find that a particular make and type of equipment is required for efficient maintenance and operation and proper servicing, for uniformity in and integration with the spare parts program and inventory control, or for other reasons peculiar to the problems of the toll highway or its previously acquired equipment; however, competition and competitive bids shall be obtained by the Authority with respect to such specified equipment or spare parts, insofar as possible, and when effective, pursuant to public advertisement as hereinbefore provided.
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7. Contracts for insurance, fidelity and surety
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8. Contracts or agreements for the completion of a
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terminated or defaulted contract or agreement.
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(B) The solicitation for bids shall be in conformance with accepted
business practices and the method of solicitation shall be set out in
detail in the rules and regulations of the Authority.
(C) Proposals received pursuant to public advertisement shall be
publicly opened at the day and hour and at the place specified in the
solicitation for such bids.
(D) Successful bidders for such services and supplies shall enter
into contracts furnished and prescribed by the Authority.
(E) All purchases, contracts or other obligations or expenditures of
funds by the Authority shall be in accordance with rules and regulations
governing the Authority's procurement practice and procedures and the
Authority shall promulgate and publish such practices and procedures in
sufficient number for distribution to persons interested in bidding on
purchases or contracts to be let by the Authority. Such rules and
regulations shall be kept on file with the Secretary of the Authority at
all times and shall be available for inspection by members of the public
at all reasonable times and hours.
Such rules and regulations shall be filed and become effective in
connection with the Illinois Administrative Procedure Act.
(F) Any contract entered into for purchase or expenditure of funds
of the Authority made in violation of this Act or the rules and
regulations in pursuance thereof is void and of no effect.
(G) Warrant. All sellers to the Authority shall attach a statement
to the delivery invoice attesting that the standards set forth in the
contracts have been met. The statement shall be substantially in the
following form:
"The Seller,.... hereby certifies that the goods, merchandise and
wares shipped in accordance with the attached delivery invoice have met
all the required standards set forth in the purchasing contract.
....(Seller)."
(H) Whoever violates the provisions of this Section, or the rules
and regulations adopted in pursuance thereof, is guilty of a Class A
misdemeanor.
(Source: P.A. 86‑1164.)
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(605 ILCS 10/17) (from Ch. 121, par. 100‑17)
Sec. 17.
(a) The Authority may from time to time issue bonds for any
lawful purpose including, without limitation, the costs of issuance thereof
and all such bonds or other obligations of the Authority
issued pursuant to this Act shall be and are hereby declared to be
negotiable for all purposes notwithstanding their payment from a limited
source and without regard to any other law or laws.
(b) The bonds of every issue shall be payable solely out of revenues of
the Authority, accumulated reserves or sinking funds, bond proceeds,
proceeds of refunding bonds, or investment earnings as the Authority shall
specify in a bond resolution.
(c) The bonds may be issued as serial bonds or as term bonds, or the
Authority, in its discretion, may issue bonds of both types. The bonds
shall be authorized by a bond resolution of the Authority, may be issued
in one or more series and shall bear such date or dates, mature at such
time or times not exceeding 25 years from their respective date or dates of
issue, bear interest at such rate or rates, fixed or variable, without
regard to any limit contained in any other statute or law of
the State of Illinois, be payable as to principal and interest at such time
or times, be in such denominations, be in such form, either coupon or fully
registered, carry such registration and conversion privileges, be payable
in lawful money of the United States of America at such places, be
subject to such terms of redemption and may contain such other terms and
provisions, as such bond resolution or resolutions
may provide. The bonds shall be executed by the manual or facsimile
signatures of the Chairman and the Secretary. In case any of the officers
whose signature appears on the bonds or coupons, if any, shall cease to be an
officer before the delivery of such bonds, such signature shall
nevertheless be valid and sufficient for all purposes, as if he had
remained in office until such delivery. The bonds shall be sold in such
manner as the Authority shall determine. The proceeds from the sale of
such bonds shall be paid to the Treasurer of the State of Illinois as ex
officio custodian. Pending preparation of the definitive bonds, the
Authority may issue interim receipts or certificates which shall be
exchanged for such definitive bonds.
(d) Any bond resolution, or trust indenture entered into pursuant to a
bond resolution, may contain provisions, which shall be a part of
the contract with the holders of the bonds to be authorized, as to: (i)
pledging or creating a lien upon all or part of the revenues of the
Authority or any reserves, sinking funds, bond proceeds or investment
earnings; (ii) the setting aside of reserves or sinking funds, and the
regulation, investment and disposition thereof; (iii) the use and
maintenance requirements for the toll highways; (iv) the purposes to which
or the investments in which the proceeds of sale of any series or issue of
bonds then or thereafter to be issued may be applied; (v)
the issuance of additional bonds, the terms upon which
additional bonds may be issued and secured, the purposes for such
additional bonds, and the terms upon which additional
bonds may rank on a parity with, or be subordinate or superior to other
bonds; (vi) the refunding of outstanding bonds; (vii) the procedure, if
any, by which the terms of any contract with bondholders may be amended or
abrogated, the amount of bonds the holders of which must consent thereto,
and the manner in which such consent may be given; (viii) defining the acts
or omissions to act which shall constitute a default in the duties of the
Authority to holders of its obligations and providing the rights and
remedies of such holders in the event of a default; (ix) any other matters
relating to the bonds which the Authority deems desirable.
(e) Neither the directors of the Authority nor any person executing the
bonds shall be liable personally on the bonds or be subject to any personal
liability or accountability by reason of the issuance thereof.
(f) The Authority shall have power out of any funds available therefor
to purchase its bonds. The Authority may hold, pledge, cancel or resell
such bonds subject to and in accordance with agreements with bondholders.
(g) In the discretion of the Authority any bonds issued under the
provisions of this Act may be secured by a trust indenture by and between
the Authority and a trustee or trustees, which may be any trust
company or bank in the State of Illinois having the powers of a trust
company and possessing capital and surplus of not less than $50,000,000.
The bond resolution or trust indenture providing for the issuance of bonds
so secured shall pledge such revenues of the Authority, sinking funds,
bond proceeds, or investment earnings as may be specified therein, may
contain such provisions for protecting and enforcing the rights and
remedies of the bondholders as may be reasonable and proper and not in
violation of law, including particularly such provisions as have
hereinabove been specifically authorized to be included in any bond
resolution or trust indenture of the Authority, and may restrict the
individual right of action by bondholders. In addition to the foregoing,
any bond resolution or trust indenture may contain such other provisions as
the Authority may deem reasonable and proper for the security of the
bondholders, including, but not limited to, the purchase of bond insurance
and the arrangement of letters of credit, lines of credit or other credit
or liquidity enhancement facilities; provided there shall be no pledge of
the toll highway or any part thereof. All expenses incurred in carrying
out the provisions of any bond resolution or trust indenture may be treated
as a part of the cost of the operation of the toll highways.
(h) Bonds issued under the authority of this Act do not, and shall state
upon the face of each bond that they do not, represent or constitute a debt
of the Authority or of the State of Illinois within the meaning of any
constitutional or statutory limitation or a pledge of the faith and credit
of the Authority or the State of Illinois, or grant to the owners or holders
thereof any right to have the Authority or the General Assembly levy any
taxes or appropriate any funds for the payment of the principal thereof or
interest thereon. Such bonds shall be payable and shall state that they are
payable solely from the revenues and the sources authorized under this Act
and pledged for their payment in accordance with the bond resolution or trust indenture.
Nothing in this Act shall be construed to authorize the Authority or any
department, board, commission or other agency to create an obligation of
the State of Illinois within the meaning of the Constitution or Statutes
of Illinois.
(i) Any resolution or trust indenture authorizing the issuance
of the bonds may include provision for the issuance of additional bonds. All
resolutions of the Authority to
carry such adopted bond resolutions into effect, to provide
for the sale and delivery of the bonds, for letting of contracts for the
construction of toll highways and the acquisition of real and personal
property deemed by the Authority necessary or convenient for the
construction thereof, shall not require the approval of the Governor or of
any other department, division, commission, bureau, board or other agency of the State.
(Source: P.A. 83‑1258.)
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(605 ILCS 10/19) (from Ch. 121, par. 100‑19)
Sec. 19.
The Authority shall fix and revise from time to time, tolls or
charges or rates for the privilege of using each of the toll highways
constructed pursuant to this Act. Such tolls shall be so fixed and
adjusted at rates calculated to provide the lowest reasonable toll rates
that will provide funds sufficient with other revenues of the Authority to
pay, (a) the cost of the construction of a toll highway authorized by joint
resolution of the General Assembly pursuant to Section 14.1 and the
reconstruction, major repairs or improvements of toll highways, (b) the
cost of maintaining, repairing, regulating and operating the toll highways
including only the necessary expenses of the Authority, and (c) the
principal of all bonds, interest thereon and all sinking fund requirements
and other requirements provided by resolutions authorizing the issuance of
the bonds as they shall become due. The use and disposition of any sinking
or reserve fund shall be subject to such regulation as may be provided in
the resolution or trust indenture authorizing the issuance of the bonds.
Subject to the provisions of any resolution or trust indenture authorizing
the issuance of bonds any moneys in any such sinking fund in excess of an
amount equal to one year's interest on the bonds then outstanding secured
by such sinking fund may be applied to the purchase or redemption of bonds.
All such bonds so redeemed or purchased shall forthwith be cancelled and
shall not again be issued. No person shall be permitted to use any toll
highway without paying the toll established under this Section except when
on official Toll Highway Authority business which includes police and other
emergency vehicles. However, any law enforcement agency vehicle, fire
department vehicle, or other emergency vehicle that is plainly marked shall not
be
required to pay a toll to use a toll highway.
A law enforcement, fire protection, or emergency services
officer driving a law enforcement, fire protection, or emergency services
agency
vehicle that is not plainly marked must present an Official Permit Card which
the law enforcement, fire protection, or emergency services officer receives
from his or her law enforcement, fire protection, or emergency services agency
in
order to use a toll highway without paying the toll. A
law enforcement, fire protection, or emergency services agency must apply to
the Authority to receive a permit, and the
Authority shall adopt rules for the issuance of a permit, that allows all
law enforcement, fire protection, or emergency services agency vehicles of the
law enforcement, fire protection, or emergency services agency that are not
plainly
marked to use any toll highway
without paying the toll established under this Section.
The Authority shall maintain in
its office a list of
all persons that are authorized to use any toll highway without charge when
on official business of the Authority and such list shall be open to the
public for inspection.
Among other matters, this amendatory Act of 1990 is intended to clarify
and confirm the prior intent of the General Assembly to allow toll revenues
from the toll highway system to be used to pay a portion of the cost of the
construction of the North‑South Toll Highway authorized by Senate Joint
Resolution 122 of the 83rd General Assembly in 1984.
(Source: P.A. 90‑152, eff. 7‑23‑97.)
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(605 ILCS 10/20.1) (from Ch. 121, par. 100‑20.1)
Sec. 20.1.
(a) The Authority is hereby authorized, by resolution, to
provide for the issuance, from time to time, of refunding or advance
refunding bonds for the
purpose of refunding any bonds then outstanding at maturity or on any
redemption date,
whether an entire issue or series, or
one or more issues or series, or any portions or parts of any issue or
series, which shall have been issued by the Authority or its predecessor,
the Illinois State Toll Highway Commission.
(b) The proceeds of any such refunding bonds may be used for any one or
more of the following purposes:
(1) To pay the principal amount of any outstanding |
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bonds to be retired at maturity or redeemed prior to maturity;
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(2) To pay the total amount of any redemption
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premium incident to redemption of such outstanding bonds to be refunded;
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(3) To pay the total amount of any interest accrued
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or to accrue to the date or dates of redemption or maturity of such outstanding bonds to be refunded;
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(4) To pay any and all costs or expenses incident to
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(5) To make deposits into an irrevocable trust in
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accordance with subsection (f) of this Section 20.1. Refunding bonds may be issued in amounts sufficient to accomplish any one or more of the foregoing purposes, taking into consideration the income earned on bond proceeds prior to the application thereof or without taking such income into consideration.
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(c) The issuance of refunding bonds, the maturities and other details
thereof, the rights of the holders thereof and the rights, duties and
obligations of the Authority in respect of the same shall be governed by
the provisions of this Act, insofar as the same may be applicable, and may
in harmony therewith be adjusted and modified to conform to the facts and
circumstances prevailing in each instance of issuance of such refunding
bonds. The Authority need not comply with the requirements of any other
law applicable to the issuance of bonds other than as set forth in this Act.
(d) With reference to the investment of the proceeds of any such
refunding bonds, the Authority shall not authorize or anticipate investment
earnings exceeding such as are authorized or permitted under prevailing
federal laws, regulations and administrative rulings and interpretations
relating to arbitrage bonds.
(e) The proceeds of any such refunding bonds (together with any other
funds available for application to refunding purposes, if so provided or
permitted by resolution authorizing the issuance of such refunding bonds,
or in a trust indenture securing the same) may be placed in trust to be
applied to the purchase, retirement at maturity or redemption
of the bonds to be refunded on such dates as may be determined by the
Authority. Pending application thereof, the proceeds of such refunding
bonds and such other available funds, if any, may be invested in direct
obligations of, or obligations the principal of which and any interest on
which are unconditionally guaranteed by, the United States of America which
shall mature, or which shall be subject to redemption by the holder thereof
at its option, not later than the respective date or dates when such
proceeds and other available funds, if any, will be required for the
refunding purpose intended or authorized.
(f) Upon (1) the deposit of the proceeds of the refunding bonds (together
with any other funds available for application to refunding purposes, if so
provided or permitted by resolution authorizing the issuance of such
refunding bonds, or in a trust indenture securing the same) in an
irrevocable trust pursuant to a trust agreement with a trustee requiring
the trustee to satisfy the obligations of the Authority to timely
pay at maturity or upon prior redemption the outstanding bonds for which
the proceeds of the refunding bonds and other
funds, if any, are deposited, in an amount sufficient to satisfy the
obligations of the Authority to timely pay at maturity or upon prior redemption such
outstanding bonds, or (2) the deposit in such irrevocable trust of direct
obligations of, or obligations the principal and interest of which are
unconditionally guaranteed by, the United States of America in an amount
sufficient,
without regard to
investment earnings thereon, to satisfy the obligations of the Authority to
timely pay at maturity or upon prior redemption such outstanding bonds, or
(3) the deposit in such irrevocable trust of obligations referred to in (2)
above in an amount sufficient so that, taking into account investment
earnings, upon maturity (or
upon optional redemption by the trustee) of such obligations amounts will
be produced on a timely basis sufficient to satisfy the obligations of the
Authority to timely pay at maturity or upon prior redemption such
outstanding bonds, such outstanding bonds shall be deemed paid and no
longer be deemed to be outstanding for purposes of such resolution or trust
indenture and all rights and obligations under any such prior resolution or
trust indenture shall be deemed discharged notwithstanding any provision of
any such outstanding bonds or any resolution or trust indenture authorizing
the issuance of such outstanding bonds;
provided, however, that the holders of such outstanding bonds
shall have an irrevocable and unconditional right to payment in full of all
principal of and premium, if any, and interest on such outstanding bonds,
at maturity or upon prior redemption,
from the amounts on deposit in such trust. The trustee shall be
any trust company or bank in the State of Illinois having the power of a
trust company possessing capital and surplus of not less than $100,000,000.
(g) It is hereby found and determined that the contractual rights of
the bondholders under any such prior resolution or trust indenture will not
be impaired by a refunding pursuant to the provisions of this Section 20.1
in that, the payment of such outstanding bonds having been provided for as
set forth herein, the bondholders' rights and security as to payment of the
principal of, premium, if any, and interest on such outstanding bonds will
have been enhanced, and the bondholders shall suffer no financial loss. It
is hereby further found and determined that a refunding of any outstanding
bonds of the Authority pursuant to this Section 20.1 shall further the
purposes set forth in Section 1.
(Source: P.A. 92‑16, eff. 6‑28‑01.)
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(605 ILCS 10/23) (from Ch. 121, par. 100‑23)
Sec. 23. Legislative declaration; Authority budget.
(a) It is hereby declared, as a matter of legislative determination, that it is in the best interest of the State of Illinois, the public, and the holders of Authority bonds that Authority funds be expended only on goods and services that protect and enhance the efficiency, safety, and environmental quality of the toll highway system.
(b) The Authority shall spend moneys received from the issuance of bonds and as tolls or otherwise in the operation of the toll highway system only on the following:
(1) operations and maintenance expenditures that are
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reasonable and necessary to keep the toll highway system in a state of good repair in accordance with contemporary highway safety and maintenance standards;
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(2) principal and interest payments and payment of
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other obligations the Authority has incurred in connection with bonds issued under this Act;
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(3) renewal and replacement expenditures necessary
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and sufficient to protect and preserve the long‑term structural integrity of the toll highway system; and
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(4) system improvement expenditures necessary and
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sufficient to improve and expand the toll highway system, subject to the requirements of this Act.
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(c) Any moneys remaining after the expenditures listed in subsection (b) may be spent only for reasonable and necessary Authority purposes that will enhance the safety, efficiency, and environmental quality of the toll highway system in a cost‑effective manner. Authority funds may not be spent for purposes not reasonably related to toll highway operations and improvements or in a manner that is not cost‑effective.
(d) The Authority must at all times maintain a reserve for maintenance and operating expenses that is no more than 130% of the operating expenses it has budgeted for its current fiscal year, unless the requirements of any bond resolution or trust indenture then securing obligations of the Authority mandate a greater amount.
(e) The Authority shall file with the Governor, the Clerk of the House
of Representatives, the Secretary of the Senate, and the Commission on Government Forecasting and Accountability, on or prior to March 15th of each year, a written
statement and report covering its activities for the preceding calendar
year. The Authority shall present, to the committees of the House
of Representatives designated by the Speaker of the House and to the committees
of the Senate designated by the President of the Senate, an annual report
outlining its planned
revenues and expenditures. The Authority shall prepare an annual capital
plan which identifies
capital projects by location and details the project costs in correct
dollar amounts. The Authority shall also prepare and file a ten‑year
capital plan that includes a listing of all capital improvement projects
contemplated during the ensuing ten‑year period. The first ten‑year
capital plan shall be filed in 1991 and thereafter on the anniversary of
each ten‑year period.
(f) It shall be the duty of the Auditor General of the State of
Illinois, annually to audit or cause to be audited the books and records of
the Authority and to file a certified copy of the report of such audit with
the Governor and with the Legislative Audit Commission, which audit
reports, when so filed, shall be open to the public for inspection.
(g) The Authority shall hold a public hearing on its proposed annual budget, not less than 15 days before its directors meet to consider adoption of the annual budget, at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed budget. The Authority must give notice of the hearing at least 15 days prior to the hearing stating the time, place, and purpose of the hearing in a daily newspaper of general circulation throughout the Authority's service area and by posting the meeting notice and a copy of the proposed budget on the Authority's website. The proceedings at the hearing shall be transcribed. The transcript shall be made available at reasonable hours for public inspection, and a copy of the transcript, together with a copy of all written statements submitted at the hearing, shall be submitted to the directors before the vote on adoption of the proposed annual budget.
(h) The Authority shall post on its website copies of its annual report and its budget for the current year, along with any other financial information necessary to adequately inform the public of the Authority's financial condition and capital plan.
(i) The requirements set forth in subsections (b) through (g) may not be construed or applied in a manner that impairs the rights of bondholders under any bond resolution or trust indenture entered into in accordance with a bond resolution authorized by the Authority's directors, nor may those requirements be construed as a limitation on the Authority's powers as set forth elsewhere in this Act.
(Source: P.A. 93‑1067, eff. 1‑15‑05; 94‑636, eff. 8‑22‑05.)
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(605 ILCS 10/24) (from Ch. 121, par. 100‑24)
Sec. 24.
Except as otherwise provided in any bond resolution, the
proceeds derived from the sale of bonds, and
all
receipts and income derived from tolls, licenses, gifts, donations,
concessions, fees, rentals, and all other revenues from whatever source
derived, shall, within three days after receipt thereof, be paid to the
Treasurer of the State of Illinois, and held by him as a special fund known
as the Illinois State Toll Highway Authority Fund,
except that the Authority may retain portions of the Illinois State Toll
Highway Authority Fund as a locally maintained construction fund revolving
account and as a revenue fund revolving account, where authorized by a bond
resolution, and as locally maintained change funds, where necessary for
the operations of the Authority.
The State Treasurer
shall be ex officio custodian of such special fund, which fund shall be
held, invested and disbursed for the purposes provided herein upon the
order of the Authority and in accordance
with provisions and covenants of any
bond resolution authorizing the issuance of bonds which have not been paid
or deemed paid. The interest accruing on
said special fund shall be computed and added to the principal thereof
every six months. In addition to the special audits prescribed by this Act,
the said fund shall also be subject to audit in the same manner as is now,
or may hereinafter be, provided for the audit of State funds and accounts.
The said special fund shall be protected by a corporate surety bond,
executed by the Treasurer, with a surety authorized to do business under
the laws of the State of Illinois. The amount of said bond shall be fixed
by resolution of the Authority, approved by the Governor, and may be
increased or diminished at any time. The premiums on said bond shall be
payable from the funds of the Authority. The bond shall be subject to the
approval of the Governor and Attorney General of the State of Illinois,
and, when so approved, shall be filed in the office of the Secretary of
State. Said special fund shall be considered always appropriated for the
purposes of disbursements, as provided in this Act, and shall be paid out
and disbursed only as provided herein, and shall not, at any time be
appropriated or diverted to any other use or purpose.
(Source: P.A. 83‑1258.)
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(605 ILCS 10/30) (from Ch. 121, par. 100‑30)
Sec. 30.
Counties, cities, villages, incorporated towns, and other
municipal corporations, political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies, insurance associations and all
executors, administrators, guardians, trustees and other fiduciaries may
legally invest any sinking funds, moneys or other funds belonging to them
or within their control in any bonds or refunding bonds issued by the
Authority. It is the purpose of this section to authorize the investment in
such bonds, or refunding bonds, of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers; provided, however, that nothing
contained in this section may be construed as relieving any officer,
person, firm or corporation from any duty of exercising reasonable care in
selecting securities.
(Source: Laws 1967, p. 2748.)
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(605 ILCS 10/33) (from Ch. 121, par. 100‑33)
Sec. 33.
On April 1, 1968, all duties, obligations, functions and powers of
The Illinois State Toll Highway Commission, together with all property,
whether real or personal, rights, privileges, interest and any and all
other assets whether real, personal or mixed, shall be transferred to and
shall vest in The Illinois State Toll Highway Authority, which shall own,
operate and control the same in accordance with the provisions of "An Act
in relation to the construction, operation, regulation and maintenance of a
system of toll highways and to create The Illinois State Toll Highway
Commission, and to define its powers and duties and to repeal an Act
therein named", approved July 13, 1953, as amended, and all terms,
covenants and conditions set forth in any resolutions heretofore or
hereafter adopted authorizing and providing for the issuance of Revenue
Bonds by The Illinois State Toll Highway Commission under "An Act, in
relation to the construction, operation, regulation and maintenance of a
system of toll highways and to create The Illinois State Toll Highway
Commission, and to define its powers and duties and to repeal an Act
therein named", approved July 13, 1953, as amended, except as herein
provided. The chairman and commissioners of The Illinois State Toll Highway
Commission shall serve as the chairman and directors, respectively, of the
Authority, with all of the rights, privileges and emoluments of such
officers until such appointments are made by the Governor under Section 3
of this Act.
It is the intention and purpose of this Section to transfer management
and operation of the existing toll highways of The Illinois State Toll
Highway Commission to the board of directors of The Illinois State Toll
Highway Authority, but to require that the Authority comply with all
covenants, conditions, terms and provisions imposed by "An Act in relation
to the construction, operation, regulation and maintenance of a system of
toll highways and to create The Illinois State Toll Highway Commission, and
to define its powers and duties and to repeal an Act therein named",
approved July 13, 1953, as amended, until after all obligations of any kind
or character whatsoever incurred by The Illinois State Toll Highway
Commission under that Act have been paid in full from revenues, or income
from whatever source derived, including but not limited to bonds issued
under Section 17 herein. Title to such toll highway or toll highways
after all such obligations have been paid in full shall be vested in the
Authority hereby created, and the Authority hereby created is authorized to
continue to establish tolls, rates and charges for use of such facilities
and pledge the income therefrom, after maintenance and operation costs, to
the payment of any or all bonds issued under this Act, until all bonds
issued by the Authority under this Act have been paid in full,
notwithstanding any other law to the contrary.
(Source: Laws 1968, p. 199.)
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