(605 ILCS 5/5-402) (from Ch. 121, par. 5-402)
Sec. 5-402.
When motor fuel tax funds, federal aid road funds or other
funds received from the State are used to finance, in whole or in part, the
construction of a highway, or section thereof, by a county, supervision and
approval of such project by the Department is mandatory except as
hereinafter provided, and the county shall proceed in the manner set forth
in Section 5-403.
Any county may construct a county highway, or section thereof, without
supervision or approval of such project by the Department if no motor fuel
tax funds, federal aid road funds or other funds received from the State
are used to finance such construction. However, at the option of the county
and by proceeding in the manner set forth in Section 5-403, any county
highway construction project may be performed under the supervision of and
approval by the Department even though no motor fuel tax funds, federal aid
road funds or other funds received from the State are used to finance such
construction.
The Department, upon satisfying itself that the County Highway
Superintendent's Office in a county is adequately organized, staffed,
equipped and financed to discharge satisfactorily the duties and
requirements of this Section, may grant a county permission to construct or
maintain highways or sections thereof when such projects are financed in
whole or in part with any road funds received from the State except
Federal-aid funds, without approval and supervision of the Department,
providing the county will enter into an agreement of understanding with the
Department. The Department, in cooperation with the several counties, shall
establish the terms of the agreement of understanding to insure that the
funds are expended in a manner as prescribed by law and rules and
regulations deemed necessary by the Department. The approval and
supervision of the Department may be required anew if the Department
determines that a county which was exempted from such approval and
supervision has not satisfactorily complied with the terms of the agreement
of understanding.
(Source: P.A. 76-1850.)
|