(35 ILCS 200/27-95)
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 1, 1995 contains at least one mile
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.
(Source: P.A. 93-193, eff. 7-14-03.)
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