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Public Act 91-0775
HB3990 Enrolled LRB9111760DHmb
AN ACT concerning roadways.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by adding
Section 27-95 as follows:
(35 ILCS 200/27-95 new)
Sec. 27-95. Special service area for privately owned or
maintained roads in unincorporated areas.
(a) If an unincorporated area of a county under township
organization in subdivisions initially platted before January
l, 1959 contains at least 2 miles of streets or roadways
situated entirely within a township and not owned by the
county or any other unit of government, and if the streets
and roadways, including related drainage facilities and
appurtenances, provide access for police, fire, and other
emergency vehicles, the highway commissioner, upon
consultation with the county engineer or county
superintendent of highways, may propose a special service
area as provided in this Section for the purpose of
repairing, reconstructing, or maintaining those streets and
roadways, and the corporate authorities of the county within
which the streets and roadways are located may levy or impose
additional taxes upon property within the area for the
provision of special services and for the payment of debt
incurred in order to provide those special services; provided
that if the owners of 51% or more in the number of the lots,
tracts, and parcels of real estate that are to be subject to
the tax file a petition with the county clerk agreeing with
the establishment of a special service area, then the
corporate authorities of the county shall proceed with the
establishment of the special service area. If a petition is
not filed or contains an insufficient number of signatures,
the County Board shall proceed no further and the same
establishment of a special service area shall not again be
initiated for a period of one year.
(b) The county engineer or county superintendent of
highways may expend county highway funds in providing
consultation to a highway commissioner concerning the
establishment of a special service area or its administration
by the road district.
(c) The corporate authorities of the county may issue
bonds as provided in this Code to fund the provision of
special services within the boundaries of the special service
area.
(d) The highway commissioner shall make or let
contracts, employ labor, and purchase materials and machinery
necessary for repairing, reconstructing, or maintaining
streets and roadways within a special service area
established as provided in this Section. The cost of these
obligations shall be reimbursed by the county with special
service area tax revenues or bond proceeds, subject to
supervision by the county engineer or county superintendent
of highways as provided in the Illinois Highway Code.
(e) The highway commissioner may propose an increase in
the tax rate whenever available funding is or may become
insufficient to meet the cost of providing special services
under this Section, provided notice is given and new public
hearings are held in accordance with Sections 27-30 and
27-35. If a petition by at least 51% of the electors and 51%
of the owners of record is filed in accordance with Section
27-55 objecting to a proposed increase in the tax rate, the
tax rate shall not be increased, and the road district shall
have no further obligation beyond available funding to
provide any services for repairing, reconstructing, or
maintaining streets and roadways within the special service
area. Upon satisfaction of all bonded indebtedness and other
obligations incurred in providing the special services, the
special service area shall be dissolved.
Section 10. The Illinois Highway Code is amended by
adding Section 5-414 and by changing Sections 6-325 and 9-118
as follows:
(605 ILCS 5/5-414 new)
Sec. 5-414. Permit for temporary closing. The county
engineer may, upon application by the proper authorities of
any governmental agency or person, issue a permit to the
agency or person to temporarily close to traffic any portion
of a county highway for any public purpose or any temporary
needs of the agency in accordance with regulations adopted by
the County Board.
(605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
Sec. 6-325. In counties having less than 3,000,000
inhabitants, roads or streets in platted subdivisions and
dedicated to public use shall be included in and incorporated
into the township or district road system without any hearing
or petition therefor required by the preceding Sections of
this Division, when and if such roads or streets conform to
the rules, specifications and regulations regarding location,
width, grades, surface and drainage structures prepared by
the county superintendent of highways and adopted by the
county board. The highway commissioner shall determine when
such dedicated roads and streets so conform and shall
thereupon make an order to incorporate them into the township
or district road system and file one copy of such order in
the office of the district clerk and one copy with the county
superintendent of highways. If the highway commissioner
refuses or fails to make such an order, any 3 interested
persons may appeal to the county superintendent of highways
to determine if such roads and streets so conform, and if his
finding is favorable, he shall make an order to incorporate
them into the township or district road system and shall file
such order in the office of the district clerk. The county
board may adopt alternate and less stringent rules,
specifications, and regulations prepared by the county
superintendent of highways for roads and streets that were
initially platted in subdivisions before January 1, 1959, but
not constructed, and these alternate rules, specifications,
and regulations shall be applicable in determining if these
roads and streets conform under this Section for inclusion
into the township or district road system. The county board,
by an affirmative vote of at least three-fifths of all
members of the county board, may adopt alternate and less
stringent rules, specifications and regulations prepared by
the County Superintendent of Highways for roads and streets
that were initially constructed in platted subdivisions prior
to January 1, 1959, and such alternate rules, specifications
and regulations shall be applicable in determining if such
roads and streets comply under this Section if the highway
commissioner first determines that such roads and streets
should be included in or incorporated into the township or
district road system.
Roads and streets which have been laid out and dedicated
to public use but which are not in platted subdivisions or
which are in a platted subdivision but do not conform to the
rules, specifications and regulations as required by the
preceding paragraph of this Section or are in a county which
has not established such rules, specifications and
regulations may be included in and incorporated into the
township or district road system in the manner hereinafter
specified in this Section. The proceedings for that purpose
shall be in accordance with the provisions of Sections 6-303
and 6-305 of this Code with reference to laying out new
roads, except as hereinafter provided in this Section. The
petition shall pray that the roads or streets be incorporated
into the township or district road system. The provisions of
Section 6-305 of this Code relative to notice and hearing are
applicable to the proceedings except the notice shall state
the time when the commissioner will examine the roads or
streets and hear reasons for or against incorporating them
into the township or district road system and the notice
shall be posted in the vicinity of the road or street
described in the petition. The provisions of Section 6-305
relative to the decision are applicable if the prayer of the
petition is refused, but if the commissioner grants the
prayer of the petition, he shall so publicly announce and
shall make an order to incorporate the roads or streets into
the township or district road system and shall, within 5 days
thereafter, file one copy of such order in the office of the
district clerk and one copy with the county superintendent of
highways.
In case the highway commissioner denies the prayer of the
petition, any 3 of the petitioners may appeal to the county
superintendent of highways by filing a notice of appeal with
the district clerk within 10 days from the date of the
decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the
district may appeal in like manner. In case of appeal the
clerk shall transmit the original petition to the county
superintendent of highways, also the notice of appeal. Upon
receipt of the same the county superintendent of highways
shall fix a time and place for a public hearing thereon,
giving notice thereof and after the hearing shall render his
decision thereon and record and file the same in the manner
hereinbefore provided in the case of the hearing upon such
petition by the highway commissioner of the district.
If no appeal is taken within 10 days from a decision
allowing the prayer of the petition the roads or streets
described in the petition shall be deemed to be incorporated
into the township or district road system.
If an appeal is taken from the decision of the highway
commissioner and the county superintendent of highways allows
the prayer of the petition the roads or streets described in
the petition shall be deemed to be incorporated into the
township or district road system, upon his decision being
filed with the clerk of the district.
In counties having more than 3,000,000 inhabitants, roads
or streets in platted subdivisions and dedicated to public
use and roads or streets which have been laid out and
dedicated to public use may be included in and incorporated
into the township or district road system in the manner
specified in this Section, if such roads or streets conform
to the rules, specifications and regulations regarding
location, width, grades, surface and drainage structures
established by the highway commissioner, the county
superintendent of highways and the county plan commission, if
any.
The proceedings for that purpose shall be in accordance
with the provisions of Sections 6-303, 6-304 and 6-305 of
this Code with reference to laying out new roads, except as
provided in this Section. The petition shall pray that the
streets or roads be incorporated into the township or
district road system, and if the petition is allowed the
decision shall order that the streets or roads be
incorporated into the township or district road system. The
provisions of Sections 6-306 and 6- 307 of this Code are not
applicable to the proceedings. The provisions of Section
6-305 of this Code relative to notice and hearing are
applicable to the proceedings except the notice shall state
the time when the commissioner will examine the streets or
roads and hear reasons for or against incorporating them into
the township or district road system and the notice shall be
posted in the vicinity of the street or road described in the
petition. The provisions of Section 6-305 relative to the
decision are applicable if the prayer of the petition is
refused, but not applicable if granted and in such case the
provisions of this Section govern.
In case the highway commissioner denies the prayer of the
petition any 3 of the petitioners may appeal to the county
superintendent of highways by filing a notice of appeal with
the district clerk within 10 days from the date of the
decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the
district may appeal in like manner.
In case of appeal the clerk shall transmit the original
petition to the county superintendent of highways, also the
notice of appeal.
Upon receipt of the same the county superintendent of
highways shall fix a time and place for a public hearing
thereon, giving notice thereof and after the hearing shall
render his decision allowing or denying the prayer of the
petition and endorse the same on the petition and file the
same with the district clerk, within 5 days.
Any notice of appeal under the foregoing provisions shall
be filed with the clerk within 10 days after the decision of
the highway commissioner.
If no appeal is taken from a decision allowing the prayer
of the petition the streets or roads described in the
petition shall be deemed to be incorporated into the township
or district road system.
If an appeal is taken from the decision of the highway
commissioner and the county superintendent of highways allows
the prayer of the petition the streets or roads described in
the petition shall be deemed to be incorporated into the
township or district road system, upon his decision being
filed with the clerk of the district.
The 7 preceding paragraphs of this Section shall apply
only in counties having more than 3,000,000 inhabitants.
(Source: P.A. 86-616.)
(605 ILCS 5/9-118) (from Ch. 121, par. 9-118)
Sec. 9-118. Any association, society, person or persons
may, upon obtaining a permit from the highway authorities
having jurisdiction over the particular highway, and the
consent in writing of the owners of adjacent property, plant
or set out trees, shrubs, plants or flowers in or upon the
right-of-way of any highway within this State, provided that
no such tree, shrub, or flower shall be permitted to obstruct
the vision of persons traveling upon or across such highways.
Consent in writing of the owners of the adjacent property
shall not be mandatory, as the highway authority shall
determine, for plantings in a median or in those portions of
a highway where direct access from the adjacent property is
not provided. The highway authority having jurisdiction may
place suitable signs giving notice of the association,
society, person, or persons doing the planting.
(Source: Laws 1959, p. 196.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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