093_HB1586enr HB1586 Enrolled LRB093 06558 MKM 10862 b 1 AN ACT concerning unincorporated areas. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Property Tax Code is amended by changing 5 Section 27-95 as follows: 6 (35 ILCS 200/27-95) 7 Sec. 27-95. Special service area for privately owned or 8 maintained roads in unincorporated areas. 9 (a) If an unincorporated area of a county under township 10 organization in subdivisions initially platted before January 11 l, 1995
1959contains at least one mile 2 milesof streets or 12 roadways situated entirely within a township and not owned by 13 the county or any other unit of government, and if the 14 streets and roadways, including related drainage facilities 15 and appurtenances, provide access for police, fire, and other 16 emergency vehicles, the highway commissioner, upon 17 consultation with the county engineer or county 18 superintendent of highways, may propose a special service 19 area as provided in this Section for the purpose of 20 repairing, reconstructing, or maintaining those streets and 21 roadways, and the corporate authorities of the county within 22 which the streets and roadways are located may levy or impose 23 additional taxes upon property within the area for the 24 provision of special services and for the payment of debt 25 incurred in order to provide those special services; provided 26 that if the owners of 51% or more in the number of the lots, 27 tracts, and parcels of real estate that are to be subject to 28 the tax file a petition with the county clerk agreeing with 29 the establishment of a special service area, then the 30 corporate authorities of the county shall proceed with the 31 establishment of the special service area. If a petition is HB1586 Enrolled -2- LRB093 06558 MKM 10862 b 1 not filed or contains an insufficient number of signatures, 2 the County Board shall proceed no further and the same 3 establishment of a special service area shall not again be 4 initiated for a period of one year. 5 (b) The county engineer or county superintendent of 6 highways may expend county highway funds in providing 7 consultation to a highway commissioner concerning the 8 establishment of a special service area or its administration 9 by the road district. 10 (c) The corporate authorities of the county may issue 11 bonds as provided in this Code to fund the provision of 12 special services within the boundaries of the special service 13 area. 14 (d) The highway commissioner shall make or let 15 contracts, employ labor, and purchase materials and machinery 16 necessary for repairing, reconstructing, or maintaining 17 streets and roadways within a special service area 18 established as provided in this Section. The cost of these 19 obligations shall be reimbursed by the county with special 20 service area tax revenues or bond proceeds, subject to 21 supervision by the county engineer or county superintendent 22 of highways as provided in the Illinois Highway Code. 23 (e) The highway commissioner may propose an increase in 24 the tax rate whenever available funding is or may become 25 insufficient to meet the cost of providing special services 26 under this Section, provided notice is given and new public 27 hearings are held in accordance with Sections 27-30 and 28 27-35. If a petition by at least 51% of the electors and 51% 29 of the owners of record is filed in accordance with Section 30 27-55 objecting to a proposed increase in the tax rate, the 31 tax rate shall not be increased, and the road district shall 32 have no further obligation beyond available funding to 33 provide any services for repairing, reconstructing, or 34 maintaining streets and roadways within the special service HB1586 Enrolled -3- LRB093 06558 MKM 10862 b 1 area. Upon satisfaction of all bonded indebtedness and other 2 obligations incurred in providing the special services, the 3 special service area shall be dissolved. 4 (Source: P.A. 91-775, eff. 6-9-00.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.