(605 ILCS 5/5-503) (from Ch. 121, par. 5-503)
Sec. 5-503.
Bridges, culverts or drainage structures for across highway
waterways having a waterway opening of 25 square feet or more and located
on county highways, township roads or district roads on county lines, and
bridges, culverts or drainage structures for across highway waterways
having a waterway opening of 25 square feet or more and located on such
county line highways where such highways deviate from the established
county line within 80 rods of county lines, shall be constructed and
repaired by such counties and the expense of such construction and repair
shall be borne in a proportion to the assessed value of the taxable
property in the respective counties according to the last preceding
equalized assessment thereof prior to such construction or repair. The
county boards of such adjoining counties may enter into joint contracts for
a division of such expense other than that above provided which may be just
and equitable, and such contracts may be judicially enforced against
such county boards, and such county boards may be proceeded against
jointly, by any parties interested in such bridges, culverts or drainage
structures for any neglect of duty in reference to such bridges, culverts
or drainage structures for any damages growing out of such neglect.
When any county desires to construct or repair any such bridge, culvert
or drainage structure and has appropriated its share of the cost of
constructing or repairing the same, it shall be the duty of such other
county to make an appropriation for its proportionate share of the expense
of such construction or repair. If such other county fails or refuses to
make such appropriation, any court of competent jurisdiction, upon a
petition for that purpose, shall enter an order to compel
such other county
to make such appropriation; or the county which has made its appropriation
may, after giving due notice to the other county, proceed with the
construction or repair of the bridge, culvert or drainage structure and if
the construction or repair is reasonable in kind and costs, recover from
the other county, by suit, such proportionate share of the expense as the
other county is liable for, with costs of the action and interest from the
time of the completion of the construction or repair, but, if the expense
of the construction or repair of the bridge, culvert or drainage structure
is unreasonable then the county may recover only the other county's
proportionate share of an amount equal to a reasonable expense for the
construction or repair.
(Source: P.A. 83-345.)
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