Public Act 93-0193
HB1586 Enrolled LRB093 06558 MKM 10862 b
AN ACT concerning unincorporated areas.
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 changing
Section 27-95 as follows:
(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
l, 1995 1959 contains at least one mile 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.
(Source: P.A. 91-775, eff. 6-9-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.