State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0268

HB1709 Enrolled                                LRB9204180DHpc

    AN ACT in relation to highways.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Highway  Code  is  amended by
changing Sections 6-201.7 and 6-508 as follows:

    (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
    Sec. 6-201.7.  Construct,  maintain  and  repair  and  be
responsible  for  the construction, maintenance and repair of
roads within the district, let contracts,  employ  labor  and
purchase  material  and  machinery  therefor,  subject to the
limitations provided in this Code.  No contract shall be  let
for the construction or repair of any road or part thereof in
excess  of  the  amount  of  $10,000  $5,000,  nor  shall any
material, machinery or other appliances to be  used  in  road
construction or maintenance of roads in excess of such amount
be  purchased, nor shall several contracts each for an amount
of $10,000 $5,000 or less be  let  for  the  construction  or
repair  of any road or part thereof when such construction or
repair is in reality part of one project  costing  more  than
$10,000  $5,000,  nor  shall any material, machinery or other
appliance to be  used  therein  be  purchased  under  several
contracts  each  for  an amount of $10,000 $5,000 or less, if
such purchases are essentially one transaction  amounting  to
more than $10,000 $5,000, without the written approval of the
county  superintendent  of  highways  in  the  case  of  road
districts  other than consolidated township road districts or
without the written approval of the highway board of auditors
in the case of consolidated township road districts.
    Except  for  professional  services,  when  the  cost  of
construction, materials, supplies, new machinery or equipment
exceeds $5,000, or $10,000 in case of  a  district  having  a
population   of   10,000  or  more,  the  contract  for  such
construction, materials,  supplies,  machinery  or  equipment
shall  be  let, after the above written approval is obtained,
to the lowest responsible bidder after advertising  for  bids
at least once, and at least 10 days prior to the time set for
the opening of such bids, in a newspaper published within the
township  or  road district, or, if no newspaper is published
within the township or road district then  in  one  published
within  the  county,  or, if no newspaper is published within
the county then in a  newspaper  having  general  circulation
within  the  township  or  road  district, but, in case of an
emergency, such contract may be let without  advertising  for
bids  upon  the  approval  of  the  County  Superintendent of
Highways  expressing  in  writing  the  existence   of   such
emergency  and,  in  the  case  of consolidated township road
districts,  upon  the  approval  of  the  highway  board   of
auditors.   For  purposes  of  this Section "new machinery or
equipment" shall be defined as that which has been previously
untitled or that which shows fewer  than  200  hours  on  its
operating  clock  and  that is accompanied by a new equipment
manufacturer's warranty.
(Source: P.A. 86-1179; 86-1368; 86-1475.)

    (605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
    Sec. 6-508.  (a)  For  the  purpose  of  constructing  or
repairing  bridges,  culverts,  drainage  structures or grade
separations,  including  approaches  thereto,  at  the  joint
expense of a county and a road  district  and  obtaining  aid
from  the  county  as provided in Section 5-501 of this Code,
there may be included in the annual tax levies  provided  for
in Section 6-501 of this Code a tax of not to exceed  .05% of
the  value  of all the taxable property in the road district,
as equalized or assessed by the Department of Revenue,  which
tax  shall  be  in  addition  to  and may be in excess of the
maximum levy and may be extended at a rate in addition to and
in excess of the tax rate for road purposes authorized  under
Section 6-501 of this Code.
    Such tax, when collected, shall constitute and be held by
the  treasurer  of  the  district  as  a  separate fund to be
expended for the construction or repair of bridges, culverts,
drainage   structures   or   grade   separations,   including
approaches thereto, at the joint expense of  the  county  and
the road district.  The highway commissioner shall separately
specify  in  the  certificate  required  by Section 6-501 the
amount necessary to be raised by taxation for the purpose  of
constructing   or   repairing   bridges,  culverts,  drainage
structures  or  grade   separations,   including   approaches
thereto,  at  the  joint  expense  of the county and the road
district.  Upon the approval  by  the  county  board  of  the
amount  so  certified  as  provided  in Section 6-501 of this
Code, the county clerk shall  extend  the  same  against  the
taxable  property  of  the road district, provided the amount
thus approved shall not be extended at a rate  in  excess  of
.05%  of value, as equalized or assessed by the Department of
Revenue.
    When any improvement project  for  which  a  tax  may  be
levied  under  this  Section  has been ordered as provided in
Section 5-501 and the estimated cost of such project  to  the
road  district  is  in  excess  of  the  amount  that will be
realized from the annual tax levy authorized by this  Section
when  extended  and  collected,  then  the  road district may
accumulate the proceeds of such tax for such number of  years
as may be necessary to acquire the funds necessary to pay the
district's share of the cost of such project.  In counties in
which  a  property  tax extension limitation is imposed under
the Property Tax Extension Limitation Law and the  imposition
of  the  property  tax  extension  limitation prevents a road
district from levying taxes for road purposes at the required
rate, a road district may retain its eligibility if,  at  the
time  the  property tax extension limitation was imposed, the
road district was levying at the required rate and  continues
to  levy the maximum allowable amount after the imposition of
the property tax extension limitation.  It  shall  not  be  a
valid  objection  to  any subsequent tax levy made under this
Section that there remains unexpended money  arising  from  a
preceding  levy  of  a prior year because of the accumulation
provided for in this Section.
    The rate  limitation  imposed  by  this  Section  may  be
increased for a 10 year period to up to 0.25% of the value of
all  the  taxable property in the road district, as equalized
or assessed by the Department of Revenue if  the  proposition
for  the increased tax rate is submitted under Sections 6-504
and 6-505 and receives a majority of all ballots cast on  the
proposition at the election held under Section 6-505.
    (b)  All  surplus  funds  remaining  in  the hands of the
treasurer of the road district after the  completion  of  any
construction  or  repairing  of  bridges,  culverts, drainage
structures  or  grade   separations,   including   approaches
thereto,  under  this  Section,  shall  be turned over at the
request of the highway commissioner, with the written consent
of the county superintendent, to the regular road fund of the
road district.  Upon such request, no further levy under this
Section is to be extended by  the  county  clerk  unless  the
proposition  authorizing such further levy is submitted under
Sections 6-504 and 6-505  and  receives  a  majority  of  all
ballots  cast  on  the proposition at the election held under
Section 6-505.
    (c)  The moneys from  this  tax  may  also  be  used  for
construction  and  maintenance of bridges, culverts and other
drainage  facilities,   or   grade   separations,   including
approaches  thereto,  on,  under, or over the district roads,
without  joint  county  funds  being  involved  and   without
limitation  as to size of project, but only if adequate funds
are available for all projects for which  the  road  district
has  petitioned  the  county  for joint participation. If the
project size is over $5,000, the road  district  commissioner
shall also obtain the permission of the county engineer.
(Source: P.A. 90-110, eff. 7-14-97.)
    Passed in the General Assembly May 15, 2001.
    Approved August 07, 2001.

[ Top ]