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91_HB3990
LRB9111760DHmb
1 AN ACT concerning roadways.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by adding
5 Section 27-95 as follows:
6 (35 ILCS 200/27-95 new)
7 Sec. 27-95. Special service area for privately owned or
8 maintained roads in unincorporated areas.
9 (a) If an unincorporated area of a county under township
10 organization in subdivisions initially platted before January
11 l, 1959 contains at least 2 miles of streets or roadways
12 situated entirely within a township and not owned by the
13 county or any other unit of government, and if the streets
14 and roadways, including related drainage facilities and
15 appurtenances, provide access for police, fire, and other
16 emergency vehicles, the highway commissioner, upon
17 consultation with the county engineer or county
18 superintendent of highways, may propose a special service
19 area as provided in this Section for the purpose of
20 repairing, reconstructing, or maintaining those streets and
21 roadways, and the corporate authorities of the county within
22 which the streets and roadways are located may levy or impose
23 additional taxes upon property within the area for the
24 provision of special services and for the payment of debt
25 incurred in order to provide those special services; provided
26 that if the owners of 51% or more in the number of the lots,
27 tracts, and parcels of real estate that are to be subject to
28 the tax file a petition with the county clerk agreeing with
29 the establishment of a special service area, then the
30 corporate authorities of the county shall proceed with the
31 establishment of the special service area. If a petition is
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1 not filed or contains an insufficient number of signatures,
2 the County Board shall proceed no further and the same
3 establishment of a special service area shall not again be
4 initiated for a period of one year.
5 (b) The county engineer or county superintendent of
6 highways may expend county highway funds in providing
7 consultation to a highway commissioner concerning the
8 establishment of a special service area or its administration
9 by the road district.
10 (c) The corporate authorities of the county may issue
11 bonds as provided in this Code to fund the provision of
12 special services within the boundaries of the special service
13 area.
14 (d) The highway commissioner shall make or let
15 contracts, employ labor, and purchase materials and machinery
16 necessary for repairing, reconstructing, or maintaining
17 streets and roadways within a special service area
18 established as provided in this Section. The cost of these
19 obligations shall be reimbursed by the county with special
20 service area tax revenues or bond proceeds, subject to
21 supervision by the county engineer or county superintendent
22 of highways as provided in the Illinois Highway Code.
23 (e) The highway commissioner may propose an increase in
24 the tax rate whenever available funding is or may become
25 insufficient to meet the cost of providing special services
26 under this Section, provided notice is given and new public
27 hearings are held in accordance with Sections 27-30 and
28 27-35. If a petition by at least 51% of the electors and 51%
29 of the owners of record is filed in accordance with Section
30 27-55 objecting to a proposed increase in the tax rate, the
31 tax rate shall not be increased, and the road district shall
32 have no further obligation beyond available funding to
33 provide any services for repairing, reconstructing, or
34 maintaining streets and roadways within the special service
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1 area. Upon satisfaction of all bonded indebtedness and other
2 obligations incurred in providing the special services, the
3 special service area shall be dissolved.
4 Section 10. The Illinois Highway Code is amended by
5 adding Section 5-414 and by changing Sections 6-325 and 9-118
6 as follows:
7 (605 ILCS 5/5-414 new)
8 Sec. 5-414. Permit for temporary closing. The county
9 engineer may, upon application by the proper authorities of
10 any governmental agency or person, issue a permit to the
11 agency or person to temporarily close to traffic any portion
12 of a county highway for any public purpose or any temporary
13 needs of the agency in accordance with regulations adopted by
14 the County Board.
15 (605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
16 Sec. 6-325. In counties having less than 3,000,000
17 inhabitants, roads or streets in platted subdivisions and
18 dedicated to public use shall be included in and incorporated
19 into the township or district road system without any hearing
20 or petition therefor required by the preceding Sections of
21 this Division, when and if such roads or streets conform to
22 the rules, specifications and regulations regarding location,
23 width, grades, surface and drainage structures prepared by
24 the county superintendent of highways and adopted by the
25 county board. The highway commissioner shall determine when
26 such dedicated roads and streets so conform and shall
27 thereupon make an order to incorporate them into the township
28 or district road system and file one copy of such order in
29 the office of the district clerk and one copy with the county
30 superintendent of highways. If the highway commissioner
31 refuses or fails to make such an order, any 3 interested
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1 persons may appeal to the county superintendent of highways
2 to determine if such roads and streets so conform, and if his
3 finding is favorable, he shall make an order to incorporate
4 them into the township or district road system and shall file
5 such order in the office of the district clerk. The county
6 board may adopt alternate and less stringent rules,
7 specifications, and regulations prepared by the county
8 superintendent of highways for roads and streets that were
9 initially platted in subdivisions before January 1, 1959, but
10 not constructed, and these alternate rules, specifications,
11 and regulations shall be applicable in determining if these
12 roads and streets conform under this Section for inclusion
13 into the township or district road system. The county board,
14 by an affirmative vote of at least three-fifths of all
15 members of the county board, may adopt alternate and less
16 stringent rules, specifications and regulations prepared by
17 the County Superintendent of Highways for roads and streets
18 that were initially constructed in platted subdivisions prior
19 to January 1, 1959, and such alternate rules, specifications
20 and regulations shall be applicable in determining if such
21 roads and streets comply under this Section if the highway
22 commissioner first determines that such roads and streets
23 should be included in or incorporated into the township or
24 district road system.
25 Roads and streets which have been laid out and dedicated
26 to public use but which are not in platted subdivisions or
27 which are in a platted subdivision but do not conform to the
28 rules, specifications and regulations as required by the
29 preceding paragraph of this Section or are in a county which
30 has not established such rules, specifications and
31 regulations may be included in and incorporated into the
32 township or district road system in the manner hereinafter
33 specified in this Section. The proceedings for that purpose
34 shall be in accordance with the provisions of Sections 6-303
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1 and 6-305 of this Code with reference to laying out new
2 roads, except as hereinafter provided in this Section. The
3 petition shall pray that the roads or streets be incorporated
4 into the township or district road system. The provisions of
5 Section 6-305 of this Code relative to notice and hearing are
6 applicable to the proceedings except the notice shall state
7 the time when the commissioner will examine the roads or
8 streets and hear reasons for or against incorporating them
9 into the township or district road system and the notice
10 shall be posted in the vicinity of the road or street
11 described in the petition. The provisions of Section 6-305
12 relative to the decision are applicable if the prayer of the
13 petition is refused, but if the commissioner grants the
14 prayer of the petition, he shall so publicly announce and
15 shall make an order to incorporate the roads or streets into
16 the township or district road system and shall, within 5 days
17 thereafter, file one copy of such order in the office of the
18 district clerk and one copy with the county superintendent of
19 highways.
20 In case the highway commissioner denies the prayer of the
21 petition, any 3 of the petitioners may appeal to the county
22 superintendent of highways by filing a notice of appeal with
23 the district clerk within 10 days from the date of the
24 decision appealed from, and in case the highway commissioner
25 grants the prayer of the petition any 3 land owners in the
26 district may appeal in like manner. In case of appeal the
27 clerk shall transmit the original petition to the county
28 superintendent of highways, also the notice of appeal. Upon
29 receipt of the same the county superintendent of highways
30 shall fix a time and place for a public hearing thereon,
31 giving notice thereof and after the hearing shall render his
32 decision thereon and record and file the same in the manner
33 hereinbefore provided in the case of the hearing upon such
34 petition by the highway commissioner of the district.
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1 If no appeal is taken within 10 days from a decision
2 allowing the prayer of the petition the roads or streets
3 described in the petition shall be deemed to be incorporated
4 into the township or district road system.
5 If an appeal is taken from the decision of the highway
6 commissioner and the county superintendent of highways allows
7 the prayer of the petition the roads or streets described in
8 the petition shall be deemed to be incorporated into the
9 township or district road system, upon his decision being
10 filed with the clerk of the district.
11 In counties having more than 3,000,000 inhabitants, roads
12 or streets in platted subdivisions and dedicated to public
13 use and roads or streets which have been laid out and
14 dedicated to public use may be included in and incorporated
15 into the township or district road system in the manner
16 specified in this Section, if such roads or streets conform
17 to the rules, specifications and regulations regarding
18 location, width, grades, surface and drainage structures
19 established by the highway commissioner, the county
20 superintendent of highways and the county plan commission, if
21 any.
22 The proceedings for that purpose shall be in accordance
23 with the provisions of Sections 6-303, 6-304 and 6-305 of
24 this Code with reference to laying out new roads, except as
25 provided in this Section. The petition shall pray that the
26 streets or roads be incorporated into the township or
27 district road system, and if the petition is allowed the
28 decision shall order that the streets or roads be
29 incorporated into the township or district road system. The
30 provisions of Sections 6-306 and 6- 307 of this Code are not
31 applicable to the proceedings. The provisions of Section
32 6-305 of this Code relative to notice and hearing are
33 applicable to the proceedings except the notice shall state
34 the time when the commissioner will examine the streets or
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1 roads and hear reasons for or against incorporating them into
2 the township or district road system and the notice shall be
3 posted in the vicinity of the street or road described in the
4 petition. The provisions of Section 6-305 relative to the
5 decision are applicable if the prayer of the petition is
6 refused, but not applicable if granted and in such case the
7 provisions of this Section govern.
8 In case the highway commissioner denies the prayer of the
9 petition any 3 of the petitioners may appeal to the county
10 superintendent of highways by filing a notice of appeal with
11 the district clerk within 10 days from the date of the
12 decision appealed from, and in case the highway commissioner
13 grants the prayer of the petition any 3 land owners in the
14 district may appeal in like manner.
15 In case of appeal the clerk shall transmit the original
16 petition to the county superintendent of highways, also the
17 notice of appeal.
18 Upon receipt of the same the county superintendent of
19 highways shall fix a time and place for a public hearing
20 thereon, giving notice thereof and after the hearing shall
21 render his decision allowing or denying the prayer of the
22 petition and endorse the same on the petition and file the
23 same with the district clerk, within 5 days.
24 Any notice of appeal under the foregoing provisions shall
25 be filed with the clerk within 10 days after the decision of
26 the highway commissioner.
27 If no appeal is taken from a decision allowing the prayer
28 of the petition the streets or roads described in the
29 petition shall be deemed to be incorporated into the township
30 or district road system.
31 If an appeal is taken from the decision of the highway
32 commissioner and the county superintendent of highways allows
33 the prayer of the petition the streets or roads described in
34 the petition shall be deemed to be incorporated into the
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1 township or district road system, upon his decision being
2 filed with the clerk of the district.
3 The 7 preceding paragraphs of this Section shall apply
4 only in counties having more than 3,000,000 inhabitants.
5 (Source: P.A. 86-616.)
6 (605 ILCS 5/9-118) (from Ch. 121, par. 9-118)
7 Sec. 9-118. Any association, society, person or persons
8 may, upon obtaining a permit from the highway authorities
9 having jurisdiction over the particular highway, and the
10 consent in writing of the owners of adjacent property, plant
11 or set out trees, shrubs, plants or flowers in or upon the
12 right-of-way of any highway within this State, provided that
13 no such tree, shrub, or flower shall be permitted to obstruct
14 the vision of persons traveling upon or across such highways.
15 Consent in writing of the owners of the adjacent property
16 shall not be mandatory, as the highway authority shall
17 determine, for plantings in a median or in those portions of
18 a highway where direct access from the adjacent property is
19 not provided. The highway authority having jurisdiction may
20 place suitable signs giving notice of the association,
21 society, person, or persons doing the planting.
22 (Source: Laws 1959, p. 196.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.