(605 ILCS 5/Art. 10 Div. 1 heading)
DIVISION 1.
DEPARTMENT ACQUISITION BY GIFT OF
BRIDGES AND APPROACHES ACROSS STREAMS FORMING
STATE BOUNDARY AND MAINTENANCE THEREOF
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(605 ILCS 5/10-101) (from Ch. 121, par. 10-101)
Sec. 10-101.
The Department may acquire, by gift, any bridge or part of a
bridge and its approaches located in Illinois which cross any stream
forming a boundary line between this State and any adjoining state whenever
the bridge and its approaches constitute a direct continuation of a State
highway and of an improved highway in the adjoining state.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-102) (from Ch. 121, par. 10-102)
Sec. 10-102.
Before acquiring any bridge or part of a bridge and its
approaches as provided in this Division of this Article, the Department
shall ascertain, except as otherwise provided in Section 10-102.1, that the
bridge and its approaches are structurally sound
and in a good state of repair, that all bonds or other obligations issued
to finance the cost of constructing or acquiring the bridge and its
approaches have been fully retired and that all interest charges in
connection therewith have been fully paid and that there are no mortgages,
liens or encumbrances of any nature outstanding against the bridge and its
approaches or the real property acquired in connection therewith, and, in
case the bridge is across a navigable stream, that authority to construct,
maintain and operate the bridge and approaches was granted by Act of
Congress and that the Act, or a subsequent Act or Acts of Congress in
connection therewith, granted full authority to sell, assign or transfer
all rights, powers and privileges conferred by the Act of Congress. The
conveyance shall be by warranty deed and run to the State of Illinois. The
conveyance shall include any interest in real property acquired in
connection with the bridge, and shall assign and transfer to the State all
rights, powers and privileges conferred by any Act or Acts of Congress in
connection with the bridge and approaches.
(Source: P.A. 92-679, eff. 7-16-02.)
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(605 ILCS 5/10-102.1)
Sec. 10-102.1.
Transfer of McKinley Bridge.
(a) Findings. The General Assembly makes the following findings:
(1) The McKinley Bridge, which spans the Mississippi
| | River between Venice, Illinois and St. Louis, Missouri, has historically played an important role in the regional highway transportation system by carrying as many as 15,000 vehicles per day over the Mississippi River, with the majority of that traffic during rush hour.
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(2) The City of Venice, Illinois has owned and
| | operated the McKinley Bridge as a toll bridge since 1958.
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(3) The City of Venice has not been able to collect
| | sufficient toll revenue from the McKinley Bridge to meet the cost of operating it.
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(4) The McKinley Bridge has deteriorated to the point
| | that the Illinois Department of Transportation closed it to vehicular traffic due to safety concerns on October 30, 2001.
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(5) The City of Venice wants to transfer the McKinley
| | Bridge to the State of Illinois and the State of Missouri.
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(6) The City of Venice does not have the financial
| | resources to defease outstanding toll revenue bonds and repair the McKinley Bridge to a structurally sound condition.
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(b) Transfer of funds.
The Department shall determine the sum of the amounts owing on all outstanding
bonds
relating to the McKinley Bridge and certify that
sum to the
Comptroller. The Comptroller shall transfer 50% of that sum or $2,100,000,
whichever is less, from the Road Fund
to
the
McKinley Bridge Fund, which is hereby created as a special fund in the State
Treasury.
All amounts not expended by
the
Department as provided in this Section shall be retransferred to the Road Fund.
(c) Payment by Department. Subject to appropriation, moneys in the McKinley
Bridge Fund may be used by
the Department for the purpose of paying or reimbursing
up to
50% of the sum of the amounts necessary to defease all outstanding bonds
relating to the McKinley Bridge.
(d) Transfer of bridge. Upon the payment of all outstanding bonds, the
release of all liens, and the payment or release of all debts and other
encumbrances
relating to
the McKinley Bridge, the City of Venice, or the current owner or owners, shall
convey the McKinley
Bridge and
all associated improvements, including
approaches and roadways, to the Department and the Missouri Department of
Transportation, jointly. The Department may not acquire the McKinley Bridge
until all of
the outstanding bonds have been paid in full, all of the liens have been
released, and all other debts and encumbrances relating to the McKinley Bridge
have been paid in full or otherwise extinguished.
Notwithstanding any
provision in Section 10-102 or any other provision of this Code to the
contrary, the
Department may acquire the McKinley Bridge pursuant to this Section regardless
of
whether it or its approaches are structurally sound and in a good state of
repair.
(e) Intergovernmental agreements. The Department is authorized to enter into
agreements with units of local government within this State,
with the
State of Missouri, and with units of local government in Missouri, and to enter
into any other
agreements necessary or appropriate to carry out
the
provisions of this Section.
(Source: P.A. 92-679, eff. 7-16-02.)
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(605 ILCS 5/10-103) (from Ch. 121, par. 10-103)
Sec. 10-103.
(a) When the Department has acquired title to any bridge or
part of a bridge and its approaches as provided in this Division, it is
authorized to assume jointly with the adjoining state, or a political
subdivision of the adjoining state, responsibility for the future maintenance,
operation and control of such bridge. However, the Department shall not
pay more than one-half of the cost of the future maintenance, operation
and control of the entire bridge and its approaches, except that the
Department's share may be proportionate to the length of the bridge
within Illinois where required for compatibility with the adjoining
state's statutes. The Department may contract with the adjoining state
or with a political subdivision of the adjoining state for the maintenance, operation
and control of the entire bridge and its approaches by the adjoining
state or its political subdivision and for the reimbursement by the
Department for the share of the cost properly chargeable to the State of
Illinois. In such cases, the Department may also contract to maintain,
operate and control the entire bridge itself if the contract also
provides for reimbursement of the Department by the adjoining state or
its political subdivision of the share of the cost properly chargeable
to such adjoining state or its political subdivision.
(b) Any such contract between the Department and the adjoining state
or a political subdivision of the adjoining state entered into under paragraph
(a) of this Section shall be for a period not to exceed 50 years and shall be
1. renewable annually in the discretion of the Department, and
2. subject to an adequate annual appropriation by the General Assembly
to fund the proportionate share of the costs of the maintenance, operation
and control of the bridge and its approaches properly chargeable to the
State of Illinois.
(Source: P.A. 81-456.)
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