HB1586enr 93rd General Assembly


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 1959 contains at least one mile 2 miles of 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
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 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
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 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.