| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 5 Div. 5
(605 ILCS 5/Art. 5 Div. 5 heading)
DIVISION
5. DRAINAGE AND OTHER HIGHWAY
STRUCTURES--CONSTRUCTION OR REPAIR AT JOINT EXPENSE OF
COUNTIES, OR A COUNTY AND ROAD DISTRICT OR MUNICIPALITY
|
605 ILCS 5/5-501
(605 ILCS 5/5-501) (from Ch. 121, par. 5-501)
Sec. 5-501.
When it is necessary to construct or repair any bridge,
culvert, drainage structure or grade separation, including approaches
thereto, on, across or along any public road in any road district in the
county, or on any street in any municipality of less than 15,000
population in the county, or on or across a line which forms the common
boundary line between any such road districts or such municipalities, in
which work the road district, or such municipality is wholly or in part
responsible, and the cost of which work will be more than .02% of the
value of all the taxable property in such road district or municipality,
as equalized or assessed by the Department of Revenue,
and the tax rate for road purposes in such road district was in each
year for the 2 years last past not less than the maximum allowable rate
provided for in Section 6-501 of this Code, or the tax rate in such
municipalities for corporate purposes was in each year for the 2 years
last past for the full amount allowed by law to be extended therein for
such corporate purposes, the highway commissioner, the city council or
the village board of trustees, as the case may be, may petition the
county board for aid, and if the foregoing facts shall appear, the
county board shall appropriate from the "county bridge fund" in the
county treasury a sufficient sum to meet one-half the expense of
constructing or repairing such bridge, culvert, drainage structure or
grade separation, including approaches thereto, on condition that the
road district or municipality asking for aid shall furnish the other
one-half of the required amount.
In counties in which a property tax extension limitation is imposed
under the Property Tax Extension Limitation Law and the imposition of the
property tax extension limitation prevents a road district from levying taxes
for road purposes at the maximum allowable rate, a road district may retain its
eligibility if, at the time the property tax extension limitation was imposed,
the road district was levying at the maximum allowable rate and continues to
levy the
maximum allowable amount after the imposition of the property tax
extension limitation.
If, however, the road district has
increased its tax rate for such purposes to a rate in excess of .05% but
not exceeding .25%, as provided in Section 6-508 of this Code, the
amount required to be appropriated by the county shall be in accordance
with the provisions of Section 5-501 of this Code, to the extent that
the County and township rates are identical.
For purposes of this Section, the maximum allowable tax rate for the 2
years last past shall be determined by using the last certified equalized
assessed valuation at the time the tax levy ordinance was adopted.
When it is determined by the county board to grant the prayer of the
highway commissioner, city council or village board of trustees asking
for aid for the construction or repair of such bridge, culvert, drainage
structure or grade separation, including approaches thereto, the county
board shall thereupon enter an order directing the county superintendent
of highways to cause plans and specifications for such improvement to be
prepared.
Thereupon the county board shall order the improvement made, either
by the letting of a contract in the manner authorized by the county
board, or by doing the work itself through its officers, agents and
employees. The work shall be performed under the general supervision of
the county superintendent of highways, and when the work has been
satisfactorily completed to meet the approval of the county
superintendent of highways, he shall so certify to the county board,
which certificate shall include an itemized account of the cost of all
items of work incurred in the making of such improvement, and shall show
the division of cost between the county and the participating agency,
and he shall cause a copy of such certificate to be filed with the clerk
of the participating agency. The county board and the participating
agency undertaking such work shall thereupon make final payment for the
same.
(Source: P.A. 90-110, eff. 7-14-97.)
|
605 ILCS 5/5-502
(605 ILCS 5/5-502) (from Ch. 121, par. 5-502)
Sec. 5-502.
In case the county board deems it expedient to construct or
repair a bridge, culvert, drainage structure, drainage facility or grade
separation, including approaches thereto, on, across or along any highway,
in the county, the county board may order the same constructed or repaired
at the entire expense of the county; or the county and any other highway
authority may jointly construct or repair any such bridge, culvert,
drainage structure, drainage facility or grade separation, including
approaches thereto, provided that the Department's participating authority
shall be limited to the State highway system.
If it is decided to pay the cost of such construction or repair jointly,
the county board and any other highway authority shall enter into a
contract as to the proportion of the expense of such construction or repair
to be borne by each. Such contracts, except as against the Department,
shall be judicially enforceable.
Such improvement shall be made according to plans and specifications
prepared by or under the direction of the county superintendent of
highways, and the county board may undertake such work either by letting a
contract for the same or may authorize the work to be performed directly by
the county through and by its officers, agents and employees.
In case a bridge, culvert, drainage structure, drainage facility or
grade separation is located on a public road which crosses a county line,
transversely or substantially so, and such bridge, culvert, drainage
structure, drainage facility or grade separation is so located that the
county line passes through any part of such structure, then the adjoining
counties may jointly construct or repair such bridge, culvert, drainage
structure, drainage facility or grade separation, including approaches
thereto.
For the purpose of such joint construction or repair, the adjoining
counties shall enter into a contract as to the proportion of the expense of
such construction or repair to be borne by each. Such contracts, except as
against the Department, shall be judicially enforceable.
(Source: P.A. 83-345.)
|
605 ILCS 5/5-503
(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.)
|
605 ILCS 5/5-504
(605 ILCS 5/5-504) (from Ch. 121, par. 5-504)
Sec. 5-504.
The Department or the Illinois State Toll Highway
Authority and any county, municipality, or road district,
or any one or more of them, may jointly construct, repair and maintain a
bridge, culvert, drainage structure, drainage facility, grade separation
or interchange and approaches thereto.
For the purpose of such joint construction, repair and maintenance, the
Department or the Illinois State Toll Highway Authority and the county
board, city council, board of trustees or highway
commissioner in road districts (as the case may be) may enter into a contract
as to the proportion of the expense of construction, repair and maintenance
to be borne by each. Such contracts, except as against the Department,
shall be enforceable at law or equity.
Contracts for such construction, repair or maintenance work shall be let
by the Department or the Illinois State Toll Highway Authority and such
municipal corporations as have so agreed and shall expressly fix the extent
of liability for each of such contracting parties.
(Source: P.A. 86-528.)
|
605 ILCS 5/5-505
(605 ILCS 5/5-505) (from Ch. 121, par. 5-505)
Sec. 5-505.
Any bridge or culvert, or both, that has been constructed,
repaired or maintained by adjoining counties may be abandoned and the use
thereof for road purposes discontinued if the county boards of such
adjoining counties determine by concurrent resolution that:
(1) the bridge or culvert, or both, proposed to be abandoned is unsafe
for the use of traffic and is in need of extensive repair or replacement,
but the amount of traffic making use of such structure or structures is so
small that the expense of repairing or replacing the structure or
structures cannot be justified;
(2) other means of access between the counties are available to
adequately serve traffic in the area served by the bridge or culvert, or
both, proposed to be abandoned;
(3) it will be in the best interest of the majority of the residents of
each county to abandon the use of such bridge or culvert, or both; and
(4) an agreement has been reached as to the share of the cost of removal
of any bridge so abandoned that is to be borne by each county, which
agreement shall be set out in the resolution.
Whenever the use of any bridge is abandoned under the provisions of this
Section such bridge shall be promptly removed and the watercourse over
which it passed left unobstructed.
(Source: Laws 1959, p. 196.)
|
605 ILCS 5/5-506
(605 ILCS 5/5-506) (from Ch. 121, par. 5-506)
Sec. 5-506.
Approaches to bridges and culverts constructed under the
provisions of Section 5-501 shall be maintained by the respective road
districts or municipalities, and approaches to bridges or culverts
constructed under the provisions of Section 5-503 shall be maintained by
the respective counties, within which such approach or approaches may be
located, and all approaches to any and all such bridges and culverts as
have heretofore been constructed.
(Source: Laws 1959, p. 196 .)
|
605 ILCS 5/5-507
(605 ILCS 5/5-507) (from Ch. 121, par. 5-507)
Sec. 5-507.
If the county board of any such county, after reasonable notice
in writing from such other county board, neglects or refuses to construct
or repair any such bridge or culvert when any contract or agreement
covering the division of cost has been made in regard to the same, the
county board so giving notice may construct or repair the same and recover,
by suit, such amount as shall have been agreed upon of the expense of so
constructing or repairing such bridge or culvert, with costs of suit and
interest from the time of the completion thereof, from the county board so
neglecting or refusing.
(Source: Laws 1959, p. 196.)
|
|
|
|