[Adopted 11-20-2001]
A.Â
Chapter 605 ILCS, Act 5, Article 9, Section 113, of the Illinois
Compiled Statutes, 605 ILCS 5/9-113, states: "No ditches, drains,
track, rails, poles, wires, pipe line or other equipment of any public
utility company, municipal corporation or private corporation, association
or person shall be located, placed or constructed upon, under or along
any highway, or upon any township or district road, without first
obtaining the written consent of the appropriate highway authority."
B.Â
Said statute, as recently amended, authorizes County Highway Authorities
to promulgate reasonable and necessary rules, regulations and specifications
for the administration of 605 ILCS 5/9-113.
C.Â
Said statute authorizes County Highway Authorities to adopt coordination
strategies and practices designed and intended to establish and implement
effective communication respecting planned highway projects that the
County Highway Authority believes may require removal, relocation,
or modification of said facilities.
D.Â
Said statute provides for the establishment of a coordinating council
to include the County Engineer, the County Board Chairman or his/her
designee and utility companies to best facilitate and accomplish the
requirements of the County Highway Authority.
E.Â
Said statute provides that unless a coordination council is established
on or before January 1, 2002, the ninety-day deadline for the removal,
relocation, or modification of the ditches, drains, track, rails,
poles, wires, pipe line or other equipment as outlined in the statutes
shall not be enforceable.
The McLean County Utility Coordination Council is hereby established,
effective the date of this article.
Membership on the McLean County Utility Coordination Council
shall include the County Engineer, the County Board Chairman or his/her
designee, and such utility companies determined by the County Engineer
to best facilitate and accomplish the requirements of the County Highway
Authority. Said utility company members may be added to or removed
from the Coordination Council as determined by the County Engineer.
The strategies and practices adopted by the McLean County Utility
Coordination Council shall include, but not be limited to, the delivery
of five-year programs, annual programs and the establishment of coordination
councils in the locales and with the utility participation that will
best facilitate and accomplish the requirements of the County Highway
Authorities acting under 605 ILCS 5/9-113(f).