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92_HB4218eng HB4218 Engrossed LRB9211592DHmgB 1 AN ACT in relation to highways. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Highway Code is amended by 5 changing Sections 6-201.14, 6-701, and 9-127 and adding 6 Section 6-701.10 as follows: 7 (605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14) 8 Sec. 6-201.14. Have authority to build curbs,and9 sidewalks, alleys, and bike paths in unincorporated 10 communities out of any funds belonging to the road district 11 in which such community is located upon any township highway 12 or property under the jurisdiction of the road district,13provided such curbs and sidewalks are constructed as an14integral part of a highway improvement project. 15 (Source: P.A. 81-663.) 16 (605 ILCS 5/6-701) (from Ch. 121, par. 6-701) 17 Sec. 6-701. Motor fuel tax funds allocated for use in 18 road districts shall be used for one or more of the purposes 19 stated in the following Sections preceding Section 6-702 206-701.1 through 6-701.9. 21 (Source: P.A. 80-691.) 22 (605 ILCS 5/6-701.10 new) 23 Sec. 6-701.10. Construction and maintenance of alleys 24 and bike paths. Construction and maintenance of alleys and 25 bike paths under Section 6-201.14. 26 (605 ILCS 5/9-127) (from Ch. 121, par. 9-127) 27 Sec. 9-127. (a) Except as provided in subsections 28subsection(b) and (c) and in cases where the deed, or other HB4218 Engrossed -2- LRB9211592DHmgB 1 instrument, dedicating a highway or part thereof, has 2 expressly provided for a specific devolution of the title 3 thereto upon the abandonment or vacation thereof, whenever 4 any highway or any part thereof is vacated under or by virtue 5 of any Act of this State or by the highway authority 6 authorized to vacate the highway, the title to the land 7 included within the highway or part thereof so vacated, vests 8 in the then owners of the land abutting thereon, in the same 9 proportions and to the same extent, as though the highway had 10 been dedicated by a common law plat (as distinguished from a 11 statutory plat) and as though the fee of the highway had been 12 acquired by the owners as a part of the land abutting on the 13 highway except, however, such vacation shall reserve to any 14 public utility with facilities located in, under, over or 15 upon the land an easement for the continued use, if any, by 16 such public utility. 17 (b) When any highway authority determines to vacate a 18 highway under its jurisdiction, or part thereof, established 19 within a subdivision by a statutory plat, that authority may 20 vacate such highway and convey the highway authority's 21 interest in such highway to any bona fide organization of 22 property owners of the subdivision which (1) is so organized 23 as to be able to receive, hold and convey real property, (2) 24 has petitioned the highway authority for the vacation of the 25 highway, and (3) undertakes to develop the property for the 26 use and benefit of the public. If the association abandons 27 the property, it passes as provided in subsection (a). 28 (c) When any highway authority determines to vacate a 29 highway or part of a highway under its jurisdiction 30 established within a subdivision by a statutory plat, that 31 authority may vacate the highway and convey the highway 32 authority's interest in the highway to any township road 33 district which (1) has petitioned the highway authority for 34 the vacation of the highway and (2) undertakes to develop the HB4218 Engrossed -3- LRB9211592DHmgB 1 property as a bike path or alley for the use and benefit of 2 the public. If the property is subsequently incorporated 3 within a municipality, the township road district may 4 transfer its interest to the municipality. If the township 5 road district or municipality abandons the property, it 6 passes as provided in subsection (a). 7 (Source: P.A. 86-402.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.