(605 ILCS 5/Art. 1 heading) ARTICLE 1.
SHORT TITLE, LEGISLATIVE
INTENT AND APPLICATION OF CODE
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(605 ILCS 5/1-101) (from Ch. 121, par. 1-101)
Sec. 1-101.
This Act shall be known and may be cited as the Illinois Highway Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/1-102) (from Ch. 121, par. 1-102)
Sec. 1-102.
It is the intent and declared policy of the legislature
that an integrated system of highways and streets is essential to the
general welfare and to the agricultural, industrial, recreational, and
social development of the State. In view of the rapid growth of the
State's economy and increased use of public highways, the provision of
safe and efficient highway transportation is a matter of public concern.
It is the declared and continuous policy of the legislature to provide
for improvement of highways and the highway transportation system as
well as the preservation of investment in highways. To that end it is
intended to provide for integrated and systematic planning and orderly
development in accordance with actual needs. It is further declared that
the provision of such a system with efficient management, operation, and
control, and the elimination of congestion, crash reduction, and
safety is an urgent problem and proper objective of highway legislation.
It is further declared that highway transportation system development
requires the cooperation of State, county, township, and municipal
highway agencies and coordination of their activities on a continuous
and partnership basis and the legislature intends such cooperative
relationships to accomplish this purpose.
It is also the intent and declared policy of the legislature that no
public moneys derived from fees, excises or license taxes relating to
registration, operation and use of vehicles on public highways or to
fuels used for the propulsion of such vehicles, shall be appropriated or
expended other than for costs of administering the laws imposing such
fees, excises and license taxes, statutory refunds and adjustments
allowed thereunder, highway administrative costs, payment of debts and
liabilities incurred in construction and reconstruction of public
highways and bridges, acquisition of rights-of-way for, and the cost of
construction, reconstruction, maintenance, repair and operation of
public highways and bridges under the direction and supervision of the
State, political subdivision or municipality collecting such moneys, and
the costs for patrolling and policing the public highways (by State, political
subdivision or municipality collecting such money) for enforcement of traffic
laws. The separation of grades of such highways with railroads and costs
associated with protection of at-grade highway and railroad crossings shall
also be permissible.
(Source: P.A. 102-982, eff. 7-1-23.)
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(605 ILCS 5/1-103) (from Ch. 121, par. 1-103)
Sec. 1-103.
This Code applies to all public highways in the State of Illinois,
except highways under the exclusive jurisdiction (1) of any department,
board, commission or agency of this State other than the Department of
Transportation or (2) of any municipal corporation other than a city,
village or incorporated town.
(Source: P.A. 77-173.)
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(605 ILCS 5/Art. 2 heading) ARTICLE 2.
SYSTEMS OF HIGHWAYS - DEFINITIONS
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(605 ILCS 5/Art. 2 Div. 1 heading) DIVISION 1.
SYSTEMS OF HIGHWAYS
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(605 ILCS 5/2-101) (from Ch. 121, par. 2-101)
Sec. 2-101.
The State highway system includes the following rural highways together
with their municipal extensions except those not designated by a State
highway route number and for which an agreement initiated by a local
authority has been executed between the Department and the local authority
providing for other jurisdictional responsibility:
(a) Highways constructed under the provisions of "An | ||
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(b) Highways constructed by the State as federal aid | ||
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(c) Highways constructed as federal aid secondary | ||
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(d) Highways constructed as State aid roads under the | ||
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(e) Highways constructed under the provisions of | ||
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(f) Highways constructed by the Department under the | ||
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(g) Highways on which construction is completed after | ||
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(h) Highways added to the State Highway system under | ||
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(Source: Laws 1967, p. 3065.)
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(605 ILCS 5/2-102) (from Ch. 121, par. 2-102)
Sec. 2-102.
The county highway system includes the following highways:
(a) Highways which were State aid roads under the provisions of "An Act
to revise the law in relation to roads and bridges", approved June 27,
1913, as amended, immediately prior to the effective date of this Code
together with municipal extensions thereof constructed prior to such
effective date and for which the county was responsible for maintenance, in
whole or in part, under the provisions of Section 32 of that Act, Section
12 of "An Act in relation to State highways", approved June 24, 1921, as
amended, or Section 9 of the "Motor Fuel Tax Law", approved March 25,
1929, as amended.
(b) Highways selected and improved as federal aid secondary highways
under the provisions of Section 11a of "An Act in relation to State
highways", approved June 24, 1921, as amended, which a county has agreed
to maintain pursuant to an agreement between the Department and a county
under the provisions of that Act.
(c) Highways on which construction is completed after the effective date
of this Code and which under the provisions of this Code become a part of
the county highway system.
(d) Highways added to the county highway system under the provisions of
this Code.
(e) Any access road constructed under Section 10-22.36A of The School
Code and connecting school grounds with any highway described in the
preceding paragraphs of this Section.
(Source: P.A. 76-1500.)
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(605 ILCS 5/2-103) (from Ch. 121, par. 2-103)
Sec. 2-103.
The township and district road system includes all rural roads
to which this Code applies under Section 1-103 and which are not a part of
the State highway system, county highway system or municipal street system,
and includes any access road constructed under Section 10-22.36A of The
School Code which connects school grounds with such a rural road. The
township and district road system also includes such nondedicated
subdivision roads as have been maintained or improved, under Section
6-701.8, with motor fuel tax funds allocated for use in road districts.
(Source: P.A. 78-1252; 78-1274.)
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(605 ILCS 5/2-104) (from Ch. 121, par. 2-104)
Sec. 2-104.
The municipal street system of the several municipalities
includes existing streets and streets hereafter established in
municipalities which are not a part of the State highway system or county
highway system, together with roads outside their corporate limits over
which they have jurisdiction pursuant to this Code or any other statute,
and includes any access road constructed under Section 10-22.36A of The
School Code which connects school grounds with such a street or road.
(Source: P.A. 76-1500.)
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(605 ILCS 5/Art. 2 Div. 2 heading) DIVISION 2.
DEFINITIONS
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(605 ILCS 5/2-201) (from Ch. 121, par. 2-201)
Sec. 2-201.
The terms used in this Code shall, for the purposes of this
Code, have the meanings ascribed to them in this Division of this Article,
except when the context otherwise requires.
(Source: P.A. 103-154, eff. 6-30-23.)
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(605 ILCS 5/2-202) (from Ch. 121, par. 2-202)
Sec. 2-202.
Highway-any public way for vehicular travel which has been
laid out in pursuance of any law of this State, or of the Territory of
Illinois, or which has been established by dedication, or used by the
public as a highway for 15 years, or which has been or may be laid out and
connect a subdivision or platted land with a public highway and which has
been dedicated for the use of the owners of the land included in the
subdivision or platted land where there has been an acceptance and use
under such dedication by such owners, and which has not been vacated in
pursuance of law. The term "highway" includes rights of way, bridges,
drainage structures, signs, guard rails, protective structures, shared-use paths for nonvehicular public travel, sidewalks, bike paths, and all
other structures and appurtenances necessary or convenient for vehicular
traffic. A highway in a rural area may be called a "road", while a highway
in a municipal area may be called a "street".
(Source: P.A. 102-452, eff. 8-20-21.)
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(605 ILCS 5/2-203) (from Ch. 121, par. 2-203)
Sec. 2-203.
State highway-any highway that is part of the State highway
system described in Section 2-101.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-204) (from Ch. 121, par. 2-204)
Sec. 2-204.
County highway-any highway that is part of the county highway
system described in Section 2-102.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-205) (from Ch. 121, par. 2-205)
Sec. 2-205.
Township road-any highway that is part of the township and
district road system described in Section 2-103 and which, under the
provisions of this Code, is under the immediate jurisdiction of a road
district comprised of a single township in a county having township
organization.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-206) (from Ch. 121, par. 2-206)
Sec. 2-206.
District road-any highway that is part of the township and
district road system described in Section 2-103 and which, under the
provisions of this Code, is under the immediate jurisdiction of a road
district other than a road district comprised of a single township in a
county having township organization.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-207) (from Ch. 121, par. 2-207)
Sec. 2-207.
Street-any highway that is part of the municipal street system
described in Section 2-104.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-208) (from Ch. 121, par. 2-208)
Sec. 2-208.
Federal aid highway-any highway heretofore or hereafter
designated by the Department and approved by the appropriate authority of
the federal government as such under the Federal Aid Road Act.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-209) (from Ch. 121, par. 2-209)
Sec. 2-209.
Federal Aid Road Act-An Act of congress, approved July 11,
1916, entitled "An Act to provide that the United States shall aid the
states in the construction of rural post roads, and for other purposes", as
heretofore or hereafter amended by Congress and all Acts heretofore or
hereafter enacted by Congress which are supplemental thereto.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-210) (from Ch. 121, par. 2-210)
Sec. 2-210.
Construct-Construction-The performance of all things
necessary to build, rebuild or improve a highway, or part thereof, on an
existing location or on a new location established pursuant to this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-211) (from Ch. 121, par. 2-211)
Sec. 2-211.
Department-The Department of Transportation of this State and its
predecessor.
(Source: P.A. 77-173.)
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(605 ILCS 5/2-212) (from Ch. 121, par. 2-212)
Sec. 2-212.
Freeway-A highway or street especially designed for through
traffic, and to, from, or over which owners of or persons having an
interest in abutting land or other persons have no right or easement or
only a limited right or easement of access, crossing, light, air, or view
by reason of the fact that such property abuts upon such highway or street
or for any other reason.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-213) (from Ch. 121, par. 2-213)
Sec. 2-213.
Highway authority or highway authorities-The Department with
respect to a State highway; the county board with respect to a county
highway or a county unit district road if a discretionary function is
involved and the county superintendent of highways if a ministerial
function is involved; the highway commissioner with respect to a township
or district road not in a county unit road district; or the corporate
authorities of a municipality with respect to a municipal street.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-214) (from Ch. 121, par. 2-214)
Sec. 2-214.
Maintain-Maintenance-The performance of all things necessary
to keep a highway in serviceable condition for vehicular traffic.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-215) (from Ch. 121, par. 2-215)
Sec. 2-215.
Municipality-Any city, village or incorporated town organized
under the laws of this State, and does not include any other political
subdivision or municipal corporation.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-216) (from Ch. 121, par. 2-216)
Sec. 2-216.
Person-Any person, firm, partnership, association, public or
private corporation, organization or business or charitable trust.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-217) (from Ch. 121, par. 2-217)
Sec. 2-217.
Right-of-way-The land, or interest therein, acquired for or
devoted to a highway.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-218) (from Ch. 121, par. 2-218)
Sec. 2-218.
Rural highway or rural road-Any highway or road outside the
corporate limits of any municipality.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-219) (from Ch. 121, par. 2-219)
Sec. 2-219.
State funds-Any funds appropriated for highway purposes by the
General Assembly.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/2-220) (from Ch. 121, par. 2-220)
Sec. 2-220.
The Department, after consultation with the Department of
Natural Resources, shall, where appropriate,
maintain in forested lands, rather than grasslands, Department-controlled
property adjacent to and between divided lanes of State highways. In
determining where such forestation is appropriate, the Department shall
consider whether such forestation would:
(a) enhance the scenic quality of the highway;
(b) provide additional habitat for wildlife;
(c) result in a financial savings from reduced grassland maintenance;
(d) enhance air quality;
(e) serve as
a deterrent to soil erosion;
(f) not hinder drivers' visibility or otherwise create a
traffic hazard; and
(g) be fiscally prudent considering the availability of low cost or no cost
nursery stock as provided by the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(605 ILCS 5/Art. 3 heading) ARTICLE 3.
FEDERAL AID
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(605 ILCS 5/3-101) (from Ch. 121, par. 3-101)
Sec. 3-101.
The General Assembly, constituting the Legislature of the State
of Illinois, assents to the provisions, terms, conditions and purposes of
the Federal Aid Road Act as defined in this Code.
In the location of highways which will be part of the National System of
Interstate and Defense Highways referred to in the Federal Aid Highway Act
of 1956 (public law 627 of the 84th Congress), existing highways of the
State highway system as defined in this Code shall be used to the extent as
the Department finds such use is practicable, suitable and feasible. The
selection of such locations shall be made as provided in Section 3-103 of
this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/3-102) (from Ch. 121, par. 3-102)
Sec. 3-102.
In accordance with the provisions of such Federal Aid Road
Act, as soon as the State has made provision for the completion and
maintenance of 90% of the network or primary or interstate and secondary or
intercounty federal aid highways equal to 7% of the total public highway
mileage of the State specified in the Federal Aid Road Act, the Department
may, with the approval of the designated authority of the United States
Government, increase the mileage of such primary or interstate and
secondary or intercounty network by additional mileage equal to not more
than 1% of the total public highway mileage of the State, and thereafter
may make like increases in the mileage of such network whenever provision
has been made for the completion and maintenance of 90% of the mileage of
such network previously authorized in accordance herewith, and may
construct and improve highways so selected in accordance with this Code and
any other laws applicable, as moneys are appropriated for this purpose and
made available by Acts of Congress and Acts of this State.
When selecting highways to be added to such network by and with the
approval of the designated authority of the United States Government, as
heretofore provided, the Department shall, so far as is practicable and
consistent with the Acts of Congress, distribute in the several counties
the mileage proposed to be added, and, as nearly as may be, so as to
provide simultaneously for additional highways in the different sections of
this State.
When designating the projects on such network of highways which are to
be improved with the current allotments of federal funds made available by
Acts of Congress and with funds made available by Acts of this State to be
used with such federal funds, the Department shall distribute such federal
aid projects equitably and fairly among the different sections of the State
and, so far as is practicable and consistent with Acts of Congress, among
the several counties.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/3-103) (from Ch. 121, par. 3-103)
Sec. 3-103.
The Department is authorized and instructed to enter into all
agreements with the designated authority of the United States Government
relating to the selection, construction and maintenance of highways under
the provisions of the Federal Aid Road Act, to submit such scheme or
project of selection, construction and maintenance as may be required by
the designated authority of the United States Government, and to do all
things necessary fully to carry out and make effective the cooperation
contemplated and provided for by such Act.
In locating and constructing a highway which will be a part of the
National System of Interstate and Defense Highways local needs, to the
extent practicable, suitable and feasible, shall be given equal
consideration with the needs of interstate commerce, so that such highway
will not unduly discommode or interfere with local traffic or will not
destroy reasonable access to schools, churches, markets, trade or community
centers.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/3-104) (from Ch. 121, par. 3-104)
Sec. 3-104.
The Department in cooperation with the county boards and
Federal Highway Administration is authorized to select and designate a
network of federal aid secondary highways consisting of not more than
25,000 miles to be known as the federal aid secondary network. The highways
included in such network shall be selected and designated in accordance
with the provisions of the Federal Aid Road Act, and shall consist of
highways not included in the federal aid primary or federal aid urban networks.
Any highway included in the approved federal aid secondary network may
be constructed jointly at the expense of the federal government and the
State of Illinois, or jointly at the expense of the federal government and
a county or counties, or jointly at the expense of the federal government,
the State of Illinois, and a county or counties, in accordance with the
provisions of the Federal Aid Road Act.
The local highway authorities having jurisdiction over a highway or
street prior to its selection and designation as a part of the federal aid
secondary network shall continue to be responsible for its maintenance
until such time as it has been constructed as provided herein. After a
highway has been so constructed, the Department is authorized to maintain
it, or, with the approval of the Federal Highway
Administration, to enter
into a formal agreement with the appropriate officials of the county in
which such highway is located, either prior to or after construction, for
its maintenance at the expense of such county. If at any time the
Department finds that the highway is not being properly maintained by such
county, the Department shall call such fact to the attention of the county
and if within 90 days after receipt of such notice the highway has not been
put in a condition of maintenance satisfactory to the Department and the
Federal Highway Administration, then the Department, with the consent of
the Federal Highway Administration, shall withhold approval of any further
federal aid secondary projects in such county until such highway has been
so restored.
(Source: P.A. 79-511.)
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(605 ILCS 5/3-104.1) (from Ch. 121, par. 3-104.1)
Sec. 3-104.1.
The Department in cooperation with the municipal corporate authorities
or county authorities is authorized to select and designate separate
networks of municipal streets to be known as the federal aid
urban system of streets and highways in urban
areas. The highways included in such networks shall be selected and
designated in accordance with the provisions of the Federal Aid Road Act.
Any street or highway included in the federal aid
urban system may be constructed jointly at the expense
of the federal government and the State of Illinois, or jointly at the
expense of the federal government, a municipality or municipalities, or a
county or counties, or jointly at the expense of the federal government,
the State of Illinois, a municipality or municipalities or a county or
counties, in accordance with the provisions of the Federal Aid Road Act.
The authority having jurisdiction over a street or highway prior to its
improvement as a federal aid urban project
shall be responsible for maintenance, at its own expense. If at any time
the Department finds that a street or highway improved as a federal aid
project is not being properly maintained by such municipality or county,
the Department shall call such fact to the attention of the corporate
authorities or county authorities, and if within 90 days after receipt of
such notice the street or highway has not been put in a condition of proper
maintenance satisfactory to the Department and the Federal Highway
Administration, then the Department shall immediately proceed to have such
street or highway placed in proper condition of maintenance and charge the
costs thereof against the municipality's allotment or the county's
allotment of motor fuel tax funds.
(Source: P.A. 79-511.)
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(605 ILCS 5/3-104.2) (from Ch. 121, par. 3-104.2)
Sec. 3-104.2.
The Department, or the Department in cooperation with
municipal corporate authorities or county authorities, is authorized to
receive and expend, by agreement or otherwise, federal funds for the
construction, reconstruction and improvement of public roads not on any
Federal-aid system, being improved under the Federal Aid Road Act.
Any Federal-aid project as authorized in this Section may be
undertaken jointly at the expense of the federal government and the
State of Illinois, or jointly at the expense of the federal government,
a municipality or municipalities, or a county or counties, or jointly at
the expense of the federal government, the State of Illinois, a
municipality or municipalities or a county or counties, or any of the
above jointly with any other public or private entity or public utility.
The authority having jurisdiction over a public road not on any
federal-aid system prior to its improvement as a federal-aid project
shall continue to be responsible for maintenance, at its own expense.
For the purposes of this Section, "public road" means any road under
the jurisdiction of and maintained by a public authority and open to
public travel and which is not on a federal-aid system.
(Source: P.A. 84-298.)
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(605 ILCS 5/3-104.3) (from Ch. 121, par. 3-104.3)
Sec. 3-104.3.
The Department or, by agreement with the Department, the
highway authority of any county or township or road district of this State
may, as a federal-aid project, construct, reconstruct, or improve any road
or highway under its jurisdiction which has been selected and designated
by the Department as a part of the national scenic and recreational highway
known as the Great River Road under 23 U.S.C. 148, and all of the provisions
of that Section shall apply.
Any county or township or road district may use any funds available to
it for highway purposes to pay its share of any project under this Section.
Except for the maintenance of recreational facilities and rest areas constructed
adjacent to the road, the highway authority having jurisdiction over a road
or highway prior to its improvement as a part of such national scenic and
recreational highway shall continue to be responsible for maintenance, at
its own expense.
(Source: P.A. 80-691.)
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(605 ILCS 5/3-105) (from Ch. 121, par. 3-105)
Sec. 3-105.
Except as otherwise provided in the Treasurer as Custodian
of Funds Act, all money received by the State
of Illinois from the federal government for aid in construction of highways
shall be placed in the Road Fund in the State treasury. For the purposes of this Section, money received by the State of Illinois from the federal government under the Recreational Trails Program for grants or contracts obligated on or after October 1, 2017 shall not be considered for use as aid in construction of highways, and shall be placed in the Park and Conservation Fund in the State treasury.
Whenever any county having a population of 500,000 or more inhabitants
has incurred indebtedness and issued Expressway bonds as authorized by
Division 5-34 of
the Counties Code and has used
the proceeds of such bonds for the construction of Expressways in
accordance with the provisions of Section 15d of "An Act to revise the law
in relation to roads and bridges", approved June 27, 1913, as amended
(repealed) or
of Section 5-403 of this Code in order to accelerate the improvement of
the National System of Interstate Highways, the federal aid primary highway
network or the federal aid highway network in urban areas, the State shall
appropriate and allot, from the allotments of federal funds made available
by Acts of Congress under the Federal Aid Road Act and as appropriated
and made available to the State of Illinois, to such county or counties a
sum sufficient to retire the bonded indebtedness due annually arising from
the issuance of those Expressway bonds issued for the purpose of
constructing Expressways in the county or counties. Such funds shall be
deposited in the Treasury of such county or counties for the purpose of
applying such funds to the payment of the Expressway bonds, principal and
interest due annually, issued pursuant to Division 5-34 of the Counties Code.
(Source: P.A. 100-127, eff. 1-1-18; 100-863, eff. 8-14-18.)
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(605 ILCS 5/3-105.1) (from Ch. 121, par. 3-105.1)
Sec. 3-105.1.
Except as otherwise provided in "An Act in relation to
the receipt, custody and disbursement of money allotted by the United
States of America or any agency thereof for use in this State," approved
July 3, 1939, as heretofore or hereafter amended, all money received by the
State of Illinois from the Federal Highway Administration for the
implementation of the provisions of the Federal "Commercial Motor Vehicle
Safety Act of 1986," Title XII, Public Law 99-570, shall be placed in the
"Road Fund" in the State Treasury.
(Source: P.A. 85-853.)
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(605 ILCS 5/3-106) (from Ch. 121, par. 3-106)
Sec. 3-106.
The Department shall take whatever steps may be necessary,
after such federal aid highways have been completed, to cause such highways
to be properly maintained in accordance with the requirements of the
Federal Aid Road Act.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/3-107) (from Ch. 121, par. 3-107) Sec. 3-107. Whenever in the judgment of the Department it is necessary as an incident to the construction of a project on the National System of Interstate and Defense Highways, including extensions thereof within urban areas, or any State highway constructed under the provisions of Section 2 of the Transportation Bond Act (now repealed) or Section 4 of the General Obligation Bond Act, to relocate utility facilities, wherever located and whenever constructed, the cost of such relocation may be deemed to be one of the costs of constructing such project and the Department may, on behalf of the State, pay such costs. For the purposes of this Section, the term "utility" includes publicly, municipally, privately, and cooperatively owned utilities; the term "cost of such relocation" includes the entire amount paid by such utility properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility; and the term "National System of Interstate and Defense Highways" includes any highway which now is or shall hereafter be a part of the National System of Interstate and Defense Highways, as provided in the Federal Aid Highway Act of 1956, and any acts supplemental thereto or amendatory thereof.(Source: P.A. 103-616, eff. 7-1-24.) |
(605 ILCS 5/3-107.1) (from Ch. 121, par. 3-107.1)
Sec. 3-107.1.
The Department or any county is authorized to pay, as part of the cost
of construction of any project on a State highway or federal aid highway,
to any person displaced by the highway project (1) actual reasonable
expenses in moving himself, his family, business, farm operation, or other
personal property; (2) actual direct losses of tangible personal property
as a result of moving or discontinuing a business or farm operation but not
to exceed an amount equal to the reasonable expenses that would have been
required to relocate such property, as determined by the Department or any
county; (3) actual reasonable expenses in searching for a replacement
business or farm; and (4) actual reasonable expenses necessary to
reestablish a displaced farm, nonprofit organization, or small business at
its new site, but not to exceed $10,000.
(Source: P.A. 85-1407.)
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(605 ILCS 5/3-107.1a) (from Ch. 121, par. 3-107.1a)
Sec. 3-107.1a.
In lieu of the payments authorized to be paid in Section
3-107.1 of this Code, the Department or any county may pay any person
displaced from a dwelling, who elects to accept such payment, an expense and dislocation
allowance, which shall be determined according to a schedule established by
the Department.
(Source: P.A. 85-1407.)
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(605 ILCS 5/3-107.1b) (from Ch. 121, par. 3-107.1b)
Sec. 3-107.1b.
In lieu of the payments authorized to be paid in Section
3-107.1 of this Code, the Department or any county may pay any person who moves or
discontinues his business or farm operation, who elects to accept such
payment, a fixed relocation payment in an amount equal to the average
annual net earnings of the business or the farm operation, except that such
payment shall be not less than $1,000 nor more than $20,000.
(Source: P.A. 85-1407.)
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(605 ILCS 5/3-107.1c) (from Ch. 121, par. 3-107.1c)
Sec. 3-107.1c.
In addition to the amounts authorized to be paid in
Sections 3-107.1, 3-107.1a, and 3-107.1b of this Code by the Department or
any county, the Department or any county may, as a part of the cost of
construction, make a
payment not to exceed $22,500 to any displaced person who
is displaced from a dwelling acquired for a State highway or federal aid
highway project actually owned and occupied by such displaced person for
not less than 180 days prior to the initiation of negotiations for the
acquisition of such property. Such payment shall include the following
elements:
(A) The amount, if any, which, when added to the acquisition cost of the
dwelling acquired equals the reasonable cost of a comparable replacement
dwelling determined in accordance with standards established by the
Department to be a decent, safe and sanitary dwelling adequate to
accommodate the displaced person, reasonably accessible to public services
and places of employment and available on the private market.
(B) The amount, if any, which will compensate such displaced person for
any increased interest costs which such person is required to pay for
financing the acquisition of any such comparable replacement dwelling. Such
amount shall be paid only if the dwelling acquired by the Department or any
county was encumbered by a bona fide mortgage which was a valid lien on
such dwelling for not less than 180 days prior to the
initiation of negotiations for the acquisition of such dwelling.
(C) Reasonable expenses incurred by such displaced person for evidence
of title, recording fees, and other closing costs incident to the purchase
of the replacement dwelling, but not including prepaid expenses.
The additional payment authorized by this Section, which shall not
exceed the sum of $22,500, shall be made only to such a displaced person
who purchases and occupies a replacement dwelling that meets the standards
established by the Department to be decent, safe and sanitary, not later
than the end of the one year period beginning on the date on which he
receives from the Department or any county final payment of all costs of
the acquired dwelling, or on the date on which he moves from the dwelling
acquired for the highway project, whichever is the later date.
Any displaced person not eligible to receive such payment, who is
displaced from any dwelling which dwelling was actually and lawfully
occupied by such displaced person for not less than 90 days prior to the
initiation of negotiations for acquisition of such dwelling, may be paid by
the Department or any county, either (1) an amount necessary to enable such
displaced person to lease or rent for a period not to exceed 42 months, a
decent, safe and sanitary dwelling of standards adequate to accommodate
such person in areas not generally less desirable in regard to public
utilities and public and commercial facilities and reasonably accessible to
his place of employment, but not to exceed the sum of $5,250, or (2) the
amount necessary to enable such person to make a down payment (including
incidental expenses described in part (C) of this Section) on the purchase
of a decent, safe and sanitary dwelling of standards adequate to
accommodate such person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, but not to exceed
the amount payable under (1) of this paragraph except that in the case of
a homeowner who owned and occupied the displaced dwelling for at least 90
days, but not more than 180 days immediately prior to the initiating of
negotiations, the down payment cannot exceed the amount payable under
3-107.1c for the persons who owned and occupied the property for 180 days
prior to the initiation of negotiations.
If comparable replacement sale or rental housing is not available
within the limitations of this Section, the Department or any county may make
a payment in excess of the maximum payments authorized by this Section as
required to provide such replacement housing.
(Source: P.A. 85-1407.)
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(605 ILCS 5/3-107.1d) (from Ch. 121, par. 3-107.1d)
Sec. 3-107.1d.
In addition to the amounts authorized to be paid in Sections 3-107.1,
3-107.1a, 3-107.1b, and 3-107.1c of this Code, the Department or any county
may reimburse the owner of real property acquired for a State highway or
federal aid highway project the reasonable and necessary expenses incurred
for (1) recording fees, transfer taxes, and similar expenses incidental to
conveying such real property; and (2) penalty costs for prepayment of any
pre-existing recorded mortgages entered into in good faith encumbering such
real property.
(Source: P.A. 77-1577.)
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(605 ILCS 5/3-107.1e) (from Ch. 121, par. 3-107.1e)
Sec. 3-107.1e.
The Department is authorized to adopt rules and regulations as may be
determined necessary to implement any payments authorized by Sections
3-107.1 through 3-107.1d of this Code.
(Source: P.A. 76-623.)
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(605 ILCS 5/3-107.1f) (from Ch. 121, par. 3-107.1f)
Sec. 3-107.1f.
Nothing contained in this amendatory Act creates in any proceedings
brought under the power of eminent domain any element of damages not in
existence as of the date of enactment of this amendatory Act.
(Source: P.A. 76-623.)
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(605 ILCS 5/3-108) (from Ch. 121, par. 3-108)
Sec. 3-108.
Any highway constructed as a federal aid highway under the provisions of
the Federal Aid Road Act shall be a part of the State highway system
unless, under the provisions of Section 3-104 or 3-104.1 or similar
provisions of this Code, there is an agreement or provision made for its
maintenance by the county or municipality, in which case it shall be a part
of the county highway system or municipal street system.
(Source: P.A. 77-1409.)
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(605 ILCS 5/Art. 4 heading) ARTICLE 4.
STATE ADMINISTRATION OF HIGHWAYS
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(605 ILCS 5/Art. 4 Div. 1 heading) DIVISION 1.
GENERAL POWERS OF DEPARTMENT
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(605 ILCS 5/4-101) (from Ch. 121, par. 4-101)
Sec. 4-101.
The Department shall have the powers and duties stated in Sections
4-101.1 to 4-101.16, inclusive.
(Source: P.A. 78-315.)
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(605 ILCS 5/4-101.1) (from Ch. 121, par. 4-101.1)
Sec. 4-101.1.
To have general supervision of highways to which this Code
applies under the provisions of Section 1-103 heretofore or hereafter
constructed or thereafter maintained in whole or in part with State funds.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.2) (from Ch. 121, par. 4-101.2)
Sec. 4-101.2.
To prescribe rules and regulations not inconsistent with law,
relating to the examination and qualifications of candidates for the office
of county superintendent of highways. Such rules and regulations shall,
before taking effect, be printed for distribution by the Department.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.3) (from Ch. 121, par. 4-101.3)
Sec. 4-101.3.
To aid county superintendents of highways in establishing
grades, preparing suitable systems of drainage and advise them as to the
construction and maintenance of highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.4) (from Ch. 121, par. 4-101.4)
Sec. 4-101.4.
To cause plans, specifications and estimates to be prepared
for the construction and repair of bridges and culverts when requested so
to do by a county superintendent of highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.5) (from Ch. 121, par. 4-101.5)
Sec. 4-101.5.
To investigate and determine the various methods of highway
construction adapted to different sections of the State and as to the best
methods of maintenance of highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.6) (from Ch. 121, par. 4-101.6)
Sec. 4-101.6.
To compile statistics relating to highways throughout the
State and collect such information in regard thereto as it shall deem
expedient.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.7) (from Ch. 121, par. 4-101.7)
Sec. 4-101.7.
To approve and determine the final plans, specifications and
estimates for all highways to which this Code applies under the provisions
of Section 1-103 on which State funds may be expended.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.8) (from Ch. 121, par. 4-101.8)
Sec. 4-101.8.
To let contracts in accordance with law for the construction
of highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.9) (from Ch. 121, par. 4-101.9)
Sec. 4-101.9.
To prescribe a system of auditing and accounting for all
highway moneys for the use of all county and road district officials, which
shall be adopted and used by such officials, and which system shall be as
nearly uniform as practically possible.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.10) (from Ch. 121, par. 4-101.10)
Sec. 4-101.10.
To consult with other highway authorities relative to any
question involving highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.11) (from Ch. 121, par. 4-101.11)
Sec. 4-101.11.
To make investigations to determine reasonably anticipated
future need for federal aid highways and State highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.12) (from Ch. 121, par. 4-101.12)
Sec. 4-101.12.
To aid at all times in promoting highway improvement
throughout the State and perform such other duties and have such other
powers in respect to highways as may be imposed or conferred upon it by
law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.13) (from Ch. 121, par. 4-101.13)
Sec. 4-101.13.
To publish maps in convenient forms showing State and other
highways for use by the public and, in its discretion, to fix a charge
therefor not in excess of the cost of publication.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-101.14) (from Ch. 121, par. 4-101.14)
Sec. 4-101.14.
To obtain, subject to the provisions of the "Personnel
Code", approved July 18, 1955, as heretofore or hereafter amended, all
employees necessary in the administration of its powers and duties under
this Code.
However, persons assigned as highway maintenance employees who are not
subject to jurisdiction B of the "Personnel Code" and who operate snow
removal equipment shall not be discharged except for cause between October
31 of any year and May 1 of the following year.
(Source: Laws 1961, p. 3226.)
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(605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
Sec. 4-101.15.
The Department of Central Management Services
shall procure for or in behalf of each State highway employee, without cost
to him, public liability insurance protecting him against any liability
arising out of his employment to the extent of the insurance policy limits
not exceeding $100,000 or include each such employee under a self-insurance
plan implemented under Section 405-105 of the Department of
Central Management Services Law (20 ILCS 405/405-105).
(Source: P.A. 91-239, eff. 1-1-00.)
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(605 ILCS 5/4-101.16) (from Ch. 121, par. 4-101.16)
Sec. 4-101.16.
To prepare or cause to be prepared and maintain or cause to be
maintained a schedule of priority of needs in the selection of
railroad-highway grade crossings to be separated without regard to whether
the highway is maintained by the State or any county, township or
municipality. Such schedule shall be based on current and projected
vehicular traffic and train movements over the railroad-highway grade
crossing, the frequency and duration of interruptions to vehicular traffic,
and the impact of separating the railroad-highway grade crossing on
adjacent residential, economic and governmental interests.
(Source: P.A. 78-315.)
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(605 ILCS 5/4-102) (from Ch. 121, par. 4-102)
Sec. 4-102.
The Department may prepare, in accordance with the regulations
of the designated authority of the United States Government, the project
statements, sketch maps, surveys, plans, specifications, estimates, bid
forms, contracts and bonds to be used in connection with the construction
of any of the federal aid highways in this State. The Department may
construct any federal aid work provided for in Article 3 and purchase and
supply any labor, tools, machinery, supplies and materials needed for any
such work. Such construction work and labor shall be performed in
accordance with the general laws of this State, and under the direct
supervision of the Department, subject to the inspection and approval of
the designated authority of the United States Government, and in accordance
with its rules and regulations.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-103) (from Ch. 121, par. 4-103)
Sec. 4-103.
Any contracts that may be entered into for the construction of
highways shall be let after due public advertisement to the
lowest responsible bidder, or bidders, upon terms and conditions to be
fixed by the Department, and the Department shall also require the
successful bidder, or bidders, to furnish good and sufficient bonds to
insure proper and prompt completion of such work in accordance with the
provisions of such contracts.
Partial payments may be made for the work as it progresses provided that
the Department retains an amount as required by the Standard Specifications
for Road and Bridge construction.
At the request of the contractor and with the approval of the Department
the retainage of the contract may be deposited under a trust agreement with
an Illinois financial institution, whose deposits are insured by an
agency or instrumentality of the federal government, of the
contractor's choice and subject to the approval of
the Department.
The contractor shall receive any interest thereon.
Pursuant to application by the contractor, a trust agreement by the
financial institution
and the Department shall contain as a minimum, the following provisions:
a. The amount to be deposited subject to the trust;
b. The terms and conditions of payment in case of default of the
contractor;
c. The termination of the trust agreement upon completion of the
contract.
The contractor shall be responsible for obtaining the written consent of
the financial institution trustee, and any costs or service
fees shall be borne by the
contractor.
The trust agreement may, at the discretion of the Department and upon
request of the contractor, become operative at the time of the first
partial payment in accordance with existing statutes and Department
procedures.
The provisions of this Section shall apply to all contracts in effect
on and after the effective date of this amendatory Act of 1981.
(Source: P.A. 84-1263.)
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(605 ILCS 5/4-104)
Sec. 4-104.
Subcontractors' trust agreements.
This Section applies to
subcontractors' retainage amounts expected to be equal to or greater than
$20,000. Upon the
contractor's receipt of the first partial or progress payment from the
Department, at
the request of the subcontractor and with the approval of
the contractor, the retainage of the subcontract shall be
deposited under a trust agreement with an Illinois
financial institution, whose deposits are insured by an
agency or instrumentality of the federal government, of
the subcontractor's choice and subject to the approval of
the contractor. The subcontractor shall receive any
interest on the amount deposited.
Upon application by the subcontractor, a trust
agreement by the financial institution and the contractor
must contain, at a minimum, the following provisions:
(1) The amount to be deposited subject to the
trust.
(2) The terms and conditions of payment in case of | ||
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(3) The termination of the trust agreement upon | ||
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The subcontractor is responsible for obtaining the
written consent of the financial institution trustee. Any
costs or service fees must be borne by the subcontractor.
The trust agreement may, at the discretion of the
contractor and upon request of the subcontractor, become
operative at the time of the first partial payment in
accordance with existing statutes and Department
procedures. Subcontractors' trust agreements are voluntary and supersede any
prohibition regarding retainage that may be adopted by any transportation
agency.
This Section applies to all subcontracts in effect
on and after the effective date of this amendatory Act of
the 92nd General Assembly.
(Source: P.A. 92-270, eff. 8-7-01.)
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(605 ILCS 5/4-105)
Sec. 4-105. (Repealed).
(Source: P.A. 96-358, eff. 8-13-09. Repealed by P.A. 98-877, eff. 8-11-14.)
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(605 ILCS 5/4-106) Sec. 4-106. Preservation of bridge infrastructure. (a) The Department may adopt rules governing all corrosion prevention projects carried out on eligible bridges. Rules may include a process for ensuring that corrosion prevention and mitigation methods are carried out according to corrosion prevention industry standards adopted by the Department for eligible bridges that include: (1) a plan to prevent environmental degradation that | ||
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(2) consulting and interacting directly with, for the | ||
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(b) As used in this Section: "Corrosion" means a naturally occurring phenomenon
commonly defined as the deterioration of a metal that results from a chemical or electrochemical reaction with its environment. "Corrosion prevention and mitigation methods" means: (1) the preparation, application, installation, | ||
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(A) surface preparation and coating application | ||
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(B) shop painting of structural steel fabricated | ||
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"Corrosion prevention project" means carrying out corrosion prevention and mitigation methods during construction, alteration, maintenance, repair work on permanently exposed portions of an eligible bridge, or at any other time necessary on an eligible bridge. "Corrosion prevention project" does not include traffic control or clean-up related to surface preparation or the application of any curing compound or other substance onto or into any cement, cementitious substrate, or bituminous material. "Eligible bridge" means a bridge or overpass the construction, alteration, maintenance, or repair work on which is funded directly by, or provided other assistance through, a municipality, a public-private partnership, the State, the federal government, or some combination thereof. "Eligible bridge" does not include a bridge or overpass that is being demolished, removed, or replaced. (c) The requirements of this Section do not apply to an individual licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Act of 1989.
(Source: P.A. 101-226, eff. 6-1-20.) |
(605 ILCS 5/Art. 4 Div. 2 heading) DIVISION 2.
STATE HIGHWAYS
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(605 ILCS 5/4-201) (from Ch. 121, par. 4-201)
Sec. 4-201.
The Department, in addition to, and not in limitation of,
its general powers has the powers stated in Sections 4-201.1 through 4-201.20.
(Source: P.A. 83-957.)
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(605 ILCS 5/4-201.1) (from Ch. 121, par. 4-201.1)
Sec. 4-201.1.
To determine and adopt rules, regulations and specifications for State highways not inconsistent with this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.2) (from Ch. 121, par. 4-201.2)
Sec. 4-201.2.
For serving through or State traffic, to designate as part of the State highway system and to locate, construct and maintain highways to
connect highways in the State highway system.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.3) (from Ch. 121, par. 4-201.3)
Sec. 4-201.3.
To relocate any highway, or a part thereof, in the State
highway system on a new location or on a different highway. For the purpose
of relocating such State highway the Department is authorized to lay out,
open, alter, widen, extend or locate a new highway.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.4) (from Ch. 121, par. 4-201.4)
Sec. 4-201.4.
To enter into contracts covering all matters and things
incident to the location, relocation, construction, repair and maintenance
of State highways; including, subject to approval by the Illinois Commerce
Commission, agreements with a railroad or railway company or other public
utility concerning a relocation of its line, tracks, wires, poles, pipes or
other facilities, where the same are not then located in a public street or
highway, and such relocation is necessary as an incident to the
construction of a new State highway or to the relocation, reconstruction,
extension, widening, straightening, alteration, repair, maintenance or
improvement of an existing State highway (including extensions of a new or
existing State highway through or into a municipality upon a new or
existing street). Nothing contained in this Section shall be construed as
requiring the Department to furnish site or right-of-way for railroad or
railway lines or tracks or other public utility facilities required to be
removed from a public street or highway.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.5) (from Ch. 121, par. 4-201.5)
Sec. 4-201.5.
To lay out, construct and maintain, as a part of the
State highway system, highways and entrances which will connect any
State highway, now existing or hereafter constructed, with any State
park, State forest, State wildlife or fish refuge, the grounds of any State
institution or any recreational, scenic or historic place owned or
operated by the State; any national cemetery; and to any tax supported
airport constructed in part by State and federal funds; and, with the
consent of the Department of Natural Resources, to
construct, maintain and
repair that part of any road or bridge, not otherwise under the
jurisdiction of the Department, which lies within any State park, State
conservation area, State forest, State wildlife and fish refuge, or any
other recreational scenic area owned and operated by the
Department of Natural Resources.
With the consent of the Department of Natural Resources, to construct,
maintain and repair that part of any road or bridge, not otherwise under
the jurisdiction of the Department, which lies within any State Historic
Site owned and operated by the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
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(605 ILCS 5/4-201.6) (from Ch. 121, par. 4-201.6)
Sec. 4-201.6.
To divide the State highway system into sections or districts
for the purpose of repair and maintenance and to repair and maintain such
sections or districts either by patrol repair system or by gang repair
system.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.7) (from Ch. 121, par. 4-201.7)
Sec. 4-201.7.
To purchase, rent, acquire and maintain all equipment and material incident to or necessary in the location, relocation,
construction, repair and maintenance of State highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.8) (from Ch. 121, par. 4-201.8)
Sec. 4-201.8.
To purchase and acquire quarries, gravel pits, sand pits,
cement rock or other natural deposits of road material to be used in the
construction and maintenance of State highways, and to quarry, dig,
manufacture, prepare and use such material or deposits in such construction
and maintenance or to sell, furnish and supply the same to contractors
engaged in constructing, improving or maintaining highways within the State
and to erect such buildings and to purchase such machinery, utensils,
tools, and equipment as may be necessary or essential for the proper
prosecution of such work.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.9) (from Ch. 121, par. 4-201.9)
Sec. 4-201.9.
To construct, purchase, lease or otherwise acquire and to
operate without charge to the public, ferries over rivers and other waters
upon any State highway, whether permanently or temporarily located, until
such time as it is deemed feasible and desirable to construct bridges at
such places.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.10) (from Ch. 121, par. 4-201.10)
Sec. 4-201.10.
To provide for the lighting of State highways or portions
thereof, when in the Department's opinion it is necessary for the
convenience or safety of the public.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.11) (from Ch. 121, par. 4-201.11)
Sec. 4-201.11.
To number or renumber all State highways; and each State highway shall always be designated by a number.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-201.12) (from Ch. 121, par. 4-201.12)
Sec. 4-201.12.
Except as provided in the Illinois Adopt-A-Highway Act,
to place, erect and maintain on highways all traffic control devices and
signs authorized by this Code or by Chapter 11, Article III of the
Illinois Vehicle Code.
To place, erect and maintain on highways signs or surface markings or
both to indicate officially designated bicycle routes. Whenever the
Department is going to permanently remove route markings from a State
highway within a municipality, it shall notify that municipality at least
90 days before such removal.
To acquire right-of-way, plan, locate, relocate, construct,
reconstruct, maintain, alter, improve, vacate and regulate the use of
officially designated bikeways, as defined in Section 2 of the Bikeway Act.
(Source: P.A. 87-1118.)
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(605 ILCS 5/4-201.13) (from Ch. 121, par. 4-201.13)
Sec. 4-201.13.
To construct, maintain, and operate bridges, on State
highways a part of the Federal-aid highway network, across any stream
between this State and any adjoining state where such bridge is necessary
to connect the Federal-aid highway network in this and such adjoining
state; and to enter into agreements with adjoining states, persons, and the
United States government in conjunction therewith.
(Source: Laws 1959, p. 1569.)
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(605 ILCS 5/4-201.14) (from Ch. 121, par. 4-201.14)
Sec. 4-201.14.
(a) To construct, maintain and operate rest areas on State
highways.
In the operation of rest areas, the Department is authorized to
prescribe reasonable rules and regulations not inconsistent with law,
limiting the duration of rest stops and promulgating instructions and
restrictions for the use and enjoyment of the rest area.
(b) To construct rest areas on highways not on the State highway system
when such highways are constructed under Section 3-104.3 of this Code.
(Source: P.A. 80-691.)
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(605 ILCS 5/4-201.15) (from Ch. 121, par. 4-201.15)
Sec. 4-201.15.
(a) To provide for the preservation of the natural beauty
of areas through which State highways are constructed, and to acquire
the fee simple title, or such lesser interest as may be desired,
including scenic easements, to any land, rights or other property
necessary therefor and, in cooperation with the Department of Natural
Resources, to provide for forestation or reforestation of
any of these areas that are Department-controlled lands, where appropriate.
(b) To acquire the fee simple title or such lesser interest as may be
desired, including scenic easements, to any land, rights or other property
and to make such improvements thereon as may be necessary to provide for
the preservation of the natural beauty of areas through which highways not
on the State highway system are constructed, reconstructed or improved under
Section 3-104.3 of this Code.
(Source: P.A. 89-445, eff. 2-7-96.)
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(605 ILCS 5/4-201.16) (from Ch. 121, par. 4-201.16)
Sec. 4-201.16.
Land acquired for highway purposes, including
buildings or improvements upon such property, may be rented between the
time of acquisition and the time when the land is needed for highway
purposes.
The Department shall file an annual report with the General Assembly,
by October 1 of each year, which details, by county, the number of
rented parcels, the total amount of rent received from these parcels,
and the number of parcels which include buildings or improvements.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
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(605 ILCS 5/4-201.17) (from Ch. 121, par. 4-201.17)
Sec. 4-201.17.
To lease as lessee from the Illinois Highway Trust Authority any project
at any time constructed or made available for public use by the Authority,
and any property, real, personal, or mixed, tangible or intangible, or any
interest therein, at any time acquired by the Authority; and to pay rentals
for such leases from appropriations to be made by the General Assembly from
the Road Fund.
(Source: P.A. 76-375.)
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(605 ILCS 5/4-201.18) (from Ch. 121, par. 4-201.18)
Sec. 4-201.18.
To acquire land adjacent to the right-of-way on a federal aid system
outside the central business district in an urban area of 50,000 population
or more as provided by the Federal Aid Road Act and to construct and
operate a publicly owned parking facility thereon or within the
right-of-way, including the use of air space above and below the
established grade line of the highway pavement. Such parking facility shall
be (1) based on a continuing comprehensive transportation planning process
as defined in the Federal Aid Road Act, and (2) located and designed in
conjunction with existing or planned public transportation facilities.
Fees charged for the use of such facility shall not be in excess of that
amount required for maintenance and operation, including compensation to
any person for operating such facility, and shall be used for such purposes
before any other funds may be used for maintenance and operation.
Any federal aid project constructed under this Section may be
constructed by agreement and jointly at the expense of the federal
government and the State of Illinois or jointly at the expense of the
federal government, the State of Illinois, a municipality or municipalities
or a county or counties, in accordance with the provisions of the Federal
Aid Road Act.
For the purposes of this Section, the term "parking facilities" shall
include access roads, buildings, structures, equipment, improvements, and
interests in the lands.
(Source: P.A. 77-1410.)
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(605 ILCS 5/4-201.19) (from Ch. 121, par. 4-201.19)
Sec. 4-201.19.
To issue permits for the establishment of telephone service at rest
areas on the State Highway System where proper access to and from the main
traveled lanes has been established and where such service will enhance the
safety and welfare of the highway users.
(Source: P.A. 78-377.)
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(605 ILCS 5/4-201.20) (from Ch. 121, par. 4-201.20)
Sec. 4-201.20.
To conduct demonstration projects on public streets and
highways designed to test and develop new technology for road and curb construction,
reconstruction and maintenance.
(Source: P.A. 83-957.)
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(605 ILCS 5/4-202) (from Ch. 121, par. 4-202)
Sec. 4-202.
Additional mileage may be added to the State highway system in
the manner provided by this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-203) (from Ch. 121, par. 4-203)
Sec. 4-203.
The Department may, in its discretion and as funds become
available for construction and maintenance, add additional highways to the
State highway system by laying out new highways or taking
over highways
from the county highway system, the township and district road system or
the municipal street system; but such
highways so taken over into the State
highway system shall be highways which form a logical
part of the State
highway system for traffic purposes. Before any such highway is taken over
the Department shall notify the proper local officials in writing of its
intention to do so and the date when it will assume the maintenance and
care of such highway. Whenever any part or portion of any
such highway
which is situated within the corporate limits of any municipality is
hereafter or has heretofore been taken over, the Department shall have
exclusive jurisdiction and control over only that part of such highway
which the Department has constructed, or which the local authority has
constructed and which has been taken over by the Department, and for the
maintenance of which the Department is responsible, including the
hard-surfaced slab, shoulders and drainage ditches. Whenever any
municipality shall construct with a durable hard surface the remaining
portion of a street, a part of which has been improved with a durable hard
surface by the Department, or taken over by it, then in that case the
Department shall have jurisdiction and control over only that portion of
the street over which it did construct the durable hard surface or that
part which it took over from the municipality.
(Source: P.A. 89-683, eff. 6-1-97; 90-6, eff. 6-3-97.)
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(605 ILCS 5/4-204) (from Ch. 121, par. 4-204)
Sec. 4-204.
Whenever any highway becomes a part of the State highway
system, the Department shall file in its office a description of such State
highway. All changes in and additions to the State highway system shall
also be noted by so filing a description of such changes and/or additions.
A copy of such description shall be filed in the office of the county clerk
of each county in which the highway is located.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-205) (from Ch. 121, par. 4-205)
Sec. 4-205.
In all cases where State or through traffic upon a State
highway runs through a municipality, the Department shall locate a route
upon existing streets or upon a new street to be laid out through such
municipality as a part of such State highway, so as to form a continuous
route to serve the needs of through or State traffic upon such State
highway. If a municipality is the terminus of such a highway, the
Department shall extend the State highway to such point in the municipality
upon existing streets or upon a new street to be laid out in such
municipality, as will in the discretion of the Department best serve the
needs of State or through traffic. For the purpose of locating or extending
such State highway through or into such municipality the Department is
authorized to lay out, establish, open, alter, widen, extend or relocate
necessary streets therein.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-206) (from Ch. 121, par. 4-206)
Sec. 4-206.
When advisable to serve traffic needs, any State highway route
in or through a municipality may be relocated upon other streets in the
municipality and the jurisdiction, maintenance and control of the streets
upon the abandoned route shall be assumed by the city, town, village, park
district or other municipal corporation. If any municipal corporation
notifies the Department that it is about to construct a subway for railway
or motor vehicle transportation along and under any street upon which any
State highway route is located and that its use as a State highway route
will interfere with such construction, the Department shall relocate such
route or such portion thereof as is necessary to prevent such interference.
Except as allowed by Sections 4-407, 4-408 and this Section no State
highway route shall be relocated except to better serve traffic demands and
the route abandoned must be left in reasonable condition for traffic.
(Source: Laws 1959, p. 1189.)
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(605 ILCS 5/4-207) (from Ch. 121, par. 4-207)
Sec. 4-207.
On all State highways the Department shall construct and
maintain all-weather surfaces at boxes used for the receipt of United
States mail.
The Department shall adopt and publish specifications detailing the kind
and type of all-weather surface to be constructed and maintained and shall
adopt and publish reasonable rules, regulations, and specifications
governing the place of erection and maintenance of boxes for the receipt of
United States mail on State highways.
No person shall erect or maintain a box for the receipt of the United
States mail on any highway under the jurisdiction of the Department in
violation of the rules, regulations, and specifications, adopted by the
Department governing the erection and maintenance of such boxes. Violation
of this provision is a petty offense.
(Source: P.A. 77-2238.)
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(605 ILCS 5/4-208) (from Ch. 121, par. 4-208)
Sec. 4-208.
The Department may select streets in municipalities to form
routes leading from business centers therein to State highways running
through such municipalities and may erect and maintain suitable guide signs
upon them. However, such streets shall not thereby become part of the State
highway system but shall remain part of the municipal street system; but
any such street may be made part of the State highway system as provided by
Section 4-203.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-209) (from Ch. 121, par. 4-209)
Sec. 4-209.
No person shall wilfully cut, excavate or otherwise damage that
portion of any highway under the jurisdiction and control of the
Department, including the hard-surfaced slab, shoulders and drainage
ditches, either within or without the corporate limits of a municipality
without a permit so to do from the Department. The Department shall issue
its permit when such cutting, excavating or damaging is reasonably
necessary, but it is the duty of the person securing a permit to make such
repairs to the highway as will restore it to substantially the same
condition as it was originally. Permits with regard to entrances to and
exits from State highway rights-of-way and roadways shall also be subject
to the provisions of Sections 4-210, 4-211 and 4-212. To insure the
proper repair, the Department may, before issuing its permit, require the
person applying for a permit, to enter into a bond payable to the People of
the State of Illinois in a sum commensurate, in the opinion of the
Department, with the injury to be done to the highway, conditioned for its
proper restoration within such time as the Department may prescribe. The
violation of this section is a petty offense.
(Source: P.A. 77-2238.)
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(605 ILCS 5/4-210) (from Ch. 121, par. 4-210)
Sec. 4-210.
Except where the right of access has been limited by or
pursuant to law every owner or occupant of property abutting upon any State
highway shall have reasonable means of ingress from and egress to the State
highway consistent with the use being made of such property and not
inconsistent with public safety or with the proper construction and
maintenance of the State highway for purposes of travel, drainage and other
appropriate public use. The Department is authorized to adopt and to amend
reasonable and necessary rules, regulations and specifications covering
standard entrance or exit driveways to serve residential, farm, commercial,
industrial, and roadside service establishments and other uses of property
abutting upon State highways including specifications for drainage and
other structures appurtenant to such driveways. No permit shall be issued
by the Department for the construction of any such driveway which does not
conform to the applicable standard prescribed by the Department unless the
application therefor is accompanied by drawings of and specifications for
the proposed construction and a showing of reasonable need for departure
from the applicable standard type of driveway prescribed by the Department
nor unless it is made to appear that the proposed construction and the use
thereof will not be inconsistent with public safety and use nor with the
proper construction and maintenance of the highway and its drainage and
other facilities.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-211) (from Ch. 121, par. 4-211)
Sec. 4-211.
Any permit issued by the Department to construct an
entrance or exit, or both, under the provisions of Section 4-209 shall
designate the location and design of such construction. All such
permits shall be subject to the right of the Department to relocate, at
the Department's expense, any entrance or exit when reasonably required
for public safety or because of highway reconstruction or changed
traffic conditions. The Department shall make frequent inspections and
take such action as is necessary to require compliance with such rules,
regulations and specifications and the provisions of Sections 4-209,
4-210 and 4-211 of this Code.
Any entrance or exit which was in place on July 10, 1953 which does
not conform to the rules, regulations and specifications adopted by the
Department may be made to conform to such rules, regulations and
specifications by the Department at the expense of the Department.
If any entrance or exit is constructed after July 10, 1953, for which
no permit has been secured the adjoining landowner or occupant, or his
authorized representative, whose property such entrance or exit serves
shall within 30 days following notification by the Department apply for
a permit. The permit issued as a result of such application shall
specify that the existing entrance shall be made to conform to the
provisions of the permit within 90 days from the date of issuance of the
permit or, if no permit is granted, be removed at the expense of the
landowner or occupant.
Any entrance or exit constructed after July 10, 1953 for which a
permit has been secured but which does not conform to the provisions of
the permit issued for its construction shall within 90 days of
notification by the Department to the adjoining property owner or
occupant, or his authorized representative, whose property such exit or
entrance serves be made to conform to the provisions of the permit.
Any person adversely affected by any rule, regulation, specification
or decision of the Department issued pursuant to Sections 4-209, 4-210
or 4-211 or by any failure of the Department to act upon an application
for a permit thereunder shall be entitled to judicial review under the
provisions of the Administrative Review Law.
(Source: P.A. 85-559.)
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(605 ILCS 5/4-212) (from Ch. 121, par. 4-212)
Sec. 4-212.
Failure to comply with the provisions of Sections 4-210 and
4-211 and the permits issued thereunder is a petty offense for which an
additional fine of $10 for each day such failure continues may be imposed.
Where the violation is prosecuted by the State's Attorney 25% of the fine
or penalty recovered shall be paid to the State's Attorney as a fee of his
office. Such penalty shall be in addition to any penalty which may be
assessed under Section 4-209.
(Source: P.A. 77-2238.)
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(605 ILCS 5/4-213) (from Ch. 121, par. 4-213)
Sec. 4-213.
Any person or an agency of this State which operates a motor
vehicle designed or used for the carriage of more than seven passengers may
apply to the Department for a permit to construct an all weather surface
adjacent to and connected with the traveled way of a State highway and
located on the right-of-way of a State highway for the purpose of making
temporary stops in order to receive or discharge passengers. Any permit
issued under this Section shall designate the location and design of and
type of material to be used in any such construction and the construction
shall be in conformity with the requirements of the permit. No such
construction shall be initiated without first securing a permit to do so
from the Department.
Whoever violates any provision of this Section shall be guilty of a
petty offense.
(Source: P.A. 77-2238.)
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(605 ILCS 5/4-214) (from Ch. 121, par. 4-214)
Sec. 4-214.
Whenever any highway is laid out, widened or altered in
accordance with this Article, the Department shall cause a plat thereof to
be made and recorded in the office of the recorder of the county
(or in the office of the registrar of titles for the county if appropriate)
in accordance with the provisions of Section 9 of "An Act to revise the law
in relation to plats", approved March 21, 1874, as
amended.
(Source: P.A. 83-358.)
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(605 ILCS 5/4-215) (from Ch. 121, par. 4-215)
Sec. 4-215.
The Department may file with the governing body of any
municipality or county a map of any territory within 1/2 mile on either or
both sides of a State highway routing in which territory the Department
believes subdivision development would have an effect upon an existing
State highway or a future State highway the route of which has been adopted
by the Department.
The clerk of the governing body of the municipality or county shall
issue a receipt for the territorial map, and within 3 days after receiving
such map, shall transmit to the Department one copy of each tentative map
of any subdivision located wholly or partly within the territory outlined
by the territorial map.
The Department, upon receiving a copy of the territorial map, may,
within 15 days after receipt, make recommendations to the appropriate
agency of the municipality or county in connection therewith regarding the
effect of the proposed subdivision upon the State highway or State highway
route.
(Source: Laws 1959, p. 786.)
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(605 ILCS 5/4-216) (from Ch. 121, par. 4-216)
Sec. 4-216.
If, as a result of the removal of snow from the travelway of
any State highway, snow is deposited along the shoulder or edge of such
highway where any public or private entrance or exit driveway connects with
such State highway, the Department shall also remove the snow from the
highway right-of-way so as to leave such driveways open for vehicular
travel.
(Source: Laws 1961, p. 2720.)
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(605 ILCS 5/4-217) (from Ch. 121, par. 4-217)
Sec. 4-217.
The Department may contract with persons growing row crops
on land adjacent to State highways to buy standing strips of such crops
to remain in place to act as snow breaks along such highways in those places
where experience shows that drifting snow has been an obstruction to traffic.
The contract price to be paid by the Department in any such case shall be
the market price of such crop at the time of contracting or the September
price of such crop on the Chicago Board of Trade, whichever is higher.
(Source: P.A. 81-1156.)
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(605 ILCS 5/4-218) (from Ch. 121, par. 4-218)
Sec. 4-218.
The Department shall establish a pilot program to evaluate
the use of calcium magnesium acetate made from corn for the purpose of
clearing roadways of snow and ice. Such pilot program shall be implemented
by the Department as suitable quantities of calcium magnesium acetate become
available and shall include any one of the following counties: Champaign,
Douglas, Grundy, Iroquois, Kankakee, LaSalle, Vermilion, or Will. If the
pilot program is successful, the Department shall endeavor to expand its
use of calcium magnesium acetate made from corn for road clearing
throughout the State.
(Source: P.A. 85-1209.)
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(605 ILCS 5/4-219)
Sec. 4-219.
Context sensitivity.
(a) It is the intent of the General Assembly to ensure that Department of
Transportation projects adequately meet the State's transportation needs, exist
in harmony with their surroundings, and add lasting value to the communities
they serve.
(b) To support this objective, the Department of Transportation shall
embrace principles of context sensitive design and context sensitive solutions
in its policies and procedures for the planning, design, construction, and
operation of its projects for new construction, reconstruction, or major
expansion of existing transportation facilities.
(c) A hallmark of context sensitive design and context sensitive solutions
principles for the Department of Transportation shall be early and ongoing
collaboration with affected citizens, elected officials, interest groups, and
other stakeholders to ensure that the values and needs of the affected
communities are identified and carefully considered in the development of
transportation projects.
(d) Context sensitive design and context sensitive solutions principles
shall promote the exploration of innovative solutions, commensurate with the
scope of each project, that can effectively balance safety, mobility,
community, and environmental objectives in a manner that will enhance the
relationship of the transportation facility with its setting.
(e) The Department shall report to the Governor and the General Assembly no
later than April 1, 2004 on its efforts to implement context sensitive design
criteria.
(Source: P.A. 93-545, eff. 1-1-04.)
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(605 ILCS 5/4-220) Sec. 4-220. Bicycle and pedestrian ways. (a) Bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into State plans and programs. (b) In or within one mile of a municipality with a population of over 1,000 people, and subject to the Department's option in subsection (e), the Department shall establish and solely fund bicycle and pedestrian ways in conjunction with the construction, reconstruction, or other change of any State transportation facility except: (1) in pavement resurfacing projects that do not | ||
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(2) where approved by the Secretary of Transportation | ||
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(3) where the municipality passes a resolution | ||
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(c) Bicycle and pedestrian ways may be included in pavement resurfacing projects when local support is evident or the bicycling and walking accommodations can be added within the overall scope of the original roadwork. (d) The Department shall establish design and construction standards for bicycle and pedestrian ways.
Beginning July 1, 2007, this Section shall apply to planning and training purposes only. Beginning July 1, 2008, this Section shall apply to construction projects.
(e) If programmed funds identified in Section 2705-615 of the Department of Transportation Law are not expended for 5 years, the Department has the option to use those funds to pay the cost of bicycle and pedestrian ways in roadway projects affected by this Section.
(Source: P.A. 102-660, eff. 1-1-22.) |
(605 ILCS 5/4-221) Sec. 4-221. Mix designs. To the extent allowed by federal law, the Department specifications shall allow the use of recycled asphalt roofing shingles received from facilities authorized to process asphalt roofing shingles for recycling into asphalt pavement in accordance with (i) permits issued pursuant to Section 39 of the Environmental Protection Act or (ii) beneficial use determinations issued pursuant to Section 22.54 of the Environmental Protection Act. In creating the mix designs used for construction and maintenance of State highways, it shall be the goal of the Department, through its specifications, to maximize the percentage of recycled asphalt roofing shingles and binder replacement and to maximize the use of recycled aggregates and other lowest-cost constituents in the mix so long as there is no detrimental impact on life-cycle costs.
(Source: P.A. 97-314, eff. 1-1-12.) |
(605 ILCS 5/4-222) Sec. 4-222. Recycled asphalt roofing shingles; cost savings; prohibitions on use in asphalt paving. (a) It shall be the goal of the Department, with regard to its asphalt paving projects and to the extent possible, to reduce the carbon footprint and reduce average costs by maximizing the percentage use of recycled materials or lowest cost alternative materials and extending the paving season so long as there is no detrimental impact on life-cycle costs. In furtherance of these goals, the Department shall provide to the Chairpersons of the Transportation Committee in each legislative chamber, within 60 days after the completion of each fiscal year, a written report of the activities initiated or abandoned in each district or region within the Department to meet those goals during the previous year. The report shall also include an analysis of the cost savings directly or indirectly attributed to those activities within each district or region. Upon review of the annual report, the Transportation Committees in each chamber may conduct hearings and provide recommendations to the Department regarding the performance of each district or region. (b) No producer of asphalt pavement, operating pursuant to an air permit issued by the Illinois Environmental Protection Agency, shall use recycled asphalt roofing shingles in its pavement product unless the shingles have been processed for recycling into asphalt pavement in accordance with (i) permits issued pursuant to Section 39 of the Environmental Protection Act or (ii) beneficial use determinations issued pursuant to Section 22.54 of the Environmental Protection Act. The prohibition in this subsection (b) shall apply in addition to any other rules, specifications, or other requirements adopted by the Department regarding the use of asphalt roofing shingles in pavement product.
(Source: P.A. 97-314, eff. 1-1-12.) |
(605 ILCS 5/4-223) Sec. 4-223. Electric vehicle charging stations. By January 1, 2016 or as soon thereafter as possible, the Department may provide for at least one electric vehicle charging station at each Interstate highway rest area where electrical service will reasonably permit and if these stations and charging user fees at these stations are allowed by federal regulations. The Department may adopt and publish specifications detailing the kind and type of electric vehicle charging station to be provided and may adopt rules governing the place of erection, user fees, and maintenance of electric vehicle charging stations.
(Source: P.A. 98-442, eff. 1-1-14; 98-756, eff. 7-16-14.) |
(605 ILCS 5/4-225) Sec. 4-225. Low-clearance early warning device pilot program. The Department shall establish a pilot program to erect early warning devices on or near bridges or viaducts in this State. Early warning devices may include LiDAR, radar, visual signals, or additional signage. The Department may work with interested stakeholders to identify bridges and viaducts for the erection of early warning devices on roads outside of the Department's jurisdiction. The Department may work with the University of Illinois on the pilot program. The pilot program shall include, but shall not be limited to, evaluating the effectiveness of early warning devices, developing design specifications, and projecting estimated costs. The Department may adopt administrative rules regarding the pilot program. The Department or local authority responsible for maintaining an early warning device may impose a fine on a motorist who damages an early warning device. The fine shall not exceed $1,000.(Source: P.A. 103-99, eff. 1-1-24.) |
(605 ILCS 5/6-907) Sec. 6-907. Lapsed funds; use. Lapsed funds under Section 6-906 shall be used to provide additional monetary assistance to townships and road districts that have insufficient funding for construction of bridges that are 20 feet or more in length under 6-901 of this Code. The Department shall adopt rule to implement this Section.
(Source: P.A. 103-853, eff. 8-9-24.) |
(605 ILCS 5/223) (This Section was renumbered as Section 4-223 by P.A. 98-756.) Sec. 223. (Renumbered).
(Source: P.A. 98-442, eff. 1-1-14. Renumbered by P.A. 98-756, eff. 7-16-14.) |
(605 ILCS 5/Art. 4 Div. 3 heading) DIVISION 3.
PLANNING AND PROGRAMMING
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(605 ILCS 5/4-303) (from Ch. 121, par. 4-303)
Sec. 4-303.
Investigations made by the Department to determine the
reasonably anticipated future need for federal aid highways and State
highways may include, but shall not be limited to, the making of traffic
surveys, the study of transportation facilities, research concerning the
development of the several areas within this State and contiguous territory
as affected by growth and changes in population and economic activity and
the collection and review of data relating to all factors affecting the
judicious planning of construction, improvement and maintenance of
highways. Such investigations may also be conducted in cooperation with
counties, municipalities, the United States, sister states, agencies of any
such governments or other persons in pursuance of agreements to share the
cost thereof. The Department is authorized to enter into such agreements.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 4 Div. 4 heading) DIVISION 4.
CONSTRUCTION AND MAINTENANCE
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(605 ILCS 5/4-401) (from Ch. 121, par. 4-401)
Sec. 4-401.
All State highways shall be constructed of sufficient widths to
meet the requirements of the reasonably expected traffic thereon. The
widths of travel ways shall be not less than 18 feet.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-402) (from Ch. 121, par. 4-402)
Sec. 4-402.
When any State highway route through a municipality has been
designated, the Department shall supervise any construction performed on
such streets by the municipality with funds received from the State. Such
construction shall be either with or without continuous grade separation
and of such type and width as is required, in the judgment of the
Department, to care for traffic and parking needs.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-403) (from Ch. 121, par. 4-403)
Sec. 4-403.
Whenever local traffic conditions within any municipality
through which or to the corporate limits of which any State highway is
located, in the discretion of the Department, are such as to interfere with
or impede through or State traffic, the Department is authorized and
directed to locate and construct a durable hard-surfaced highway in the
nature of a belt-line to connect State highway routes entering such
municipality, so as to avoid congested traffic districts in the
municipality. Such belt-line routes may be wholly without the corporate
limits of the municipality or partly within and partly without such limits.
The type of construction and width of such belt-line routes shall be
sufficient to care for present or reasonably expected future needs of
through or State traffic.
Such belt-line routes shall be a part of the State highway system.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-404) (from Ch. 121, par. 4-404)
Sec. 4-404.
By agreement between the Department and the proper authority of
any municipality, park district or other municipal corporation, the
construction of any street upon which a State highway route is located may
be of greater width or different type than that determined upon by the
Department. In such cases the excess cost of such construction shall be
paid by the municipal corporation.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-405) (from Ch. 121, par. 4-405)
Sec. 4-405.
The Department shall maintain all highways in the State highway system
either with its own forces or pursuant to an agreement or contract entered
into pursuant to this Code.
In the course of its other maintenance work, the Department shall paint
and maintain a line not less than 2 1/2 inches in width on the edges of
uncurbed roadways of all State highways having an Illinois or U.S. route
traffic marking and which carry an average daily traffic of more than 1000
vehicles. The Department may paint and maintain such lines on such other
State highways as it deems desirable.
(Source: P.A. 78-283.)
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(605 ILCS 5/4-406) (from Ch. 121, par. 4-406)
Sec. 4-406.
The Department is authorized to enter into contracts with any
municipal corporation, terminable in the discretion of the Department, for
the municipal corporation to maintain any State highway, or any part
thereof, located within such municipal corporation, such maintenance to be
under the supervision of the Department and at the expense of the State.
The Department is authorized to enter into similar contracts with any
county for the county to maintain any State highway, or any part thereof,
which was originally constructed by the county, such maintenance to be
under the supervision of the Department and at the expense of the State.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-406.1) (from Ch. 121, par. 4-406.1)
Sec. 4-406.1.
The Department may surrender jurisdiction
over the right-of-way and improvements of all or part of a State highway,
street or road to a municipality by agreement as provided in Section
11-91.2-1 of the Illinois Municipal Code, as now or hereafter amended.
(Source: P.A. 85-1421.)
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(605 ILCS 5/4-407) (from Ch. 121, par. 4-407)
Sec. 4-407.
The Department may temporarily close to traffic any portion
of a State highway for the purpose of constructing, repairing or making
improvements thereon. When a portion of a State highway with a route
marking is so closed, the Department shall arrange with local authorities
or otherwise to maintain efficient detours around the portion of the State
highway which is closed and, except for an unanticipated emergency as determined by the Department, shall post notice of the detour locations on the Department's website no later than 10 days before the detour becomes active. Such detour shall be plainly and conspicuously
marked with signs by which traffic may be guided around that part of the
highway so closed.
(Source: P.A. 100-473, eff. 6-1-18.)
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(605 ILCS 5/4-408) (from Ch. 121, par. 4-408)
Sec. 4-408.
The Department may, upon application by the proper authorities
of any local governmental agency, issue a permit to such agency to
temporarily close to traffic any portion of a State highway for any public
purpose or for any temporary needs of such agency. Such permit shall be
issued only upon the explicit agreement of the local governmental agency to
assume all liabilities and pay all claims for any damages which shall be
occasioned by such closing and such agreement shall be made a part of every
such permit. When a State highway is closed by a local governmental agency
under the terms of a permit, the agency shall maintain efficient detours
satisfactory to the Department around the portion of the closed highway. Except for an unanticipated emergency as determined by the Department, the Department and the local governmental agency shall post notice of the detour locations on the Department's website and the local governmental agency's website no later than 10 days before the detour becomes active. A hyperlink on a local governmental agency's website to posted notices on the Department's website shall satisfy the requirements under this Section. A local governmental agency that does not have a website maintained by a full-time staff or a municipality with 1,000,000 or more inhabitants shall not be required to post detour locations under this Section.
Such detour shall be plainly and conspicuously marked with signs by which
traffic may be guided around that part of the State highway so closed.
(Source: P.A. 100-473, eff. 6-1-18.)
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(605 ILCS 5/4-409) (from Ch. 121, par. 4-409)
Sec. 4-409.
The Department may enter into a written contract with any other highway
authority for the jurisdiction, maintenance, administration, engineering or improvement
of any highway or portion thereof. The Department may also, upon
application of any highway authority, authorize the highway authority to
enter into a written contract with any other highway authority for the jurisdiction,
maintenance, administration, engineering or improvement of any highway or
portion thereof.
(Source: P.A. 79-417.)
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(605 ILCS 5/4-410)
Sec. 4-410.
Demonstration project.
The Department shall implement a
demonstration project, under which 20 of the contracts arising out of the
Department's 5-year project program for fiscal years 2000 through 2004
shall have a performance-based warranty of at least 5 years, and 10 of
those contracts shall be designed for a 30-year life cycle.
(Source: P.A. 91-37, eff. 7-1-99.)
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(605 ILCS 5/Art. 4 Div. 5 heading) DIVISION 5.
PROPERTY ACQUISITION AND DISPOSAL
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(605 ILCS 5/4-501) (from Ch. 121, par. 4-501)
Sec. 4-501.
The Department, in its name, or any county may acquire
the fee simple title, or such lesser interest as may be desired, to any
land, rights, or other property necessary for the construction,
maintenance or operation of State highways, or necessary for locating,
relocating, extending, widening or straightening any State highway, or
necessary for locating, relocating, extending, widening or straightening
an existing street or for laying out, establishing or opening a new
street within the corporate limits of any municipality which has been
designated by the Department as a street to form a part of or to connect
with a State highway leading up to the corporate limits of such
municipality, or necessary for any other purpose or use contemplated by
this Code by purchase or by the exercise of the right of eminent domain
under the eminent domain laws of this State and the Department shall not
be required, in any case, to furnish bond.
When, in the judgment of the acquiring agency, it is more practical
and economical to acquire the fee to the inaccessible remnants of the
tracts of land from which rights-of-way are being acquired than to pay
severance damages, such agency may do so by purchase or by an eminent
domain proceeding.
When a part of a parcel of land is to be taken for State highway
purposes and the accessible remnant is to be left in a shape or
condition rendering it of little value to the owner or giving rise to
claims for severance or other damages, upon written request of the
owner, the acquiring agency may take the whole parcel and may sell or
exchange the part not needed for highway purposes.
When acquiring land for a highway on a new location, and when a
parcel of land one acre or less in area contains a single family
residence, which is in conformance with existing zoning ordinances, and
only a part of that parcel is required for State highway purposes
causing the remainder of the parcel not to conform with the existing
zoning ordinances, or when the location of the right of way line of the
proposed highway reduces the distance from an existing single family
residence to the right of way line to 10 feet or less, the acquiring
agency shall, if the owner so demands, take the whole parcel by
negotiation or condemnation. The part not needed for highway purposes
may be rented, sold or exchanged by the acquiring agency.
When any farm land is acquired for State highway purposes by the exercise
of the right of eminent domain, the rate of compensation to be paid by the
acquiring agency shall be computed by taking into consideration the total
acreage originally involved in the farm land parcel, including that portion
of such parcel already part of a right of way for highway purposes but for
which legal title lies in the owner of the parcel.
(Source: P.A. 81-536.)
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(605 ILCS 5/4-501.5) Sec. 4-501.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(605 ILCS 5/4-502) (from Ch. 121, par. 4-502)
Sec. 4-502.
When the Department deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, it may acquire the necessary property, or such
interest or right therein as may be required, by gift or purchase or, if
the compensation or damages cannot be agreed upon, by the exercise of the
right of eminent domain under the eminent domain laws of this State. The
Department shall not be required to furnish bond in any eminent domain
proceeding.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-503) (from Ch. 121, par. 4-503)
Sec. 4-503.
For the purpose of making subsurface soil surveys,
preliminary surveys and determinations of the amount and extent of such
land, rights or other property required, the Department, or any county, by
its officers, agents or employees, after written notice to the known owners
and occupants, if any, may enter upon the lands or waters of any person,
but subject to responsibility for all damages which shall be occasioned thereby.
(Source: P.A. 84-713.)
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(605 ILCS 5/4-504) (from Ch. 121, par. 4-504)
Sec. 4-504.
Subject to the approval of the Governor and the consent of any
department, board, commission, officer or other agency of the State
government having control and custody of any land now or hereafter owned by
the State, the Department is authorized to take and use such portion as may
be deemed necessary for State highway purposes over such land, provided
such taking and use by the Department does not interfere with the use of
such land by the agency so having control and custody.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/4-505) (from Ch. 121, par. 4-505)
Sec. 4-505.
In addition to whatever powers the Department may by law now
possess, whenever it is necessary as an incident to the construction of a
new State highway or the relocation, reconstruction, extension, widening,
straightening, alteration, repair, maintenance or improvement of an
existing State highway (including extensions of a new or existing State
highway through or into a municipality upon a new or existing street) that
the line or tracks of a railroad or railway company or the wires, poles,
pipes or other facilities of a public utility, which are not then located
in or upon a public street or highway, be relocated, and the Department and
such company or public utility have entered into an agreement, approved by
the Illinois Commerce Commission, concerning such relocation, the
Department is authorized to purchase, or to acquire through the exercise of
the right of eminent domain under the eminent domain law of the State, such
easements, rights, lands or other property as may be necessary for the
relocation of said railroad or railway line or tracks or other public
utility facilities.
The Department is authorized to convey such easements, rights, lands or
other property it has so purchased or acquired for said relocation of the
said railroad, railway company or other public utility by deed executed by
the Director of the Department.
(Source: Laws 1965, p. 428.)
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(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
Sec. 4-508. (a) Except as provided in paragraphs (c)
and (d) of this Section, and
subject to the written approval of the Governor and, if required by federal law or regulation, the Federal Highway Administration, the Department may dispose
of, by public sale, at auction or by sealed bids, any land, dedications, easements, access rights, or any interest in the real estate that it holds, or other
properties, real or personal, acquired for but no longer needed for highway
purposes or remnants acquired under the provisions of Section 4-501. Such sale may be made at the fair market
value of such land, rights, or property, as determined by the Department. The fair market value of the land, rights, or property may be based on one or more appraisals completed by a qualified appraiser approved by the Department or a valuation waiver prepared by the Department. A sale below the fair market value, as established by this Section, shall be justified, in writing, by Department staff, which shall include consideration of all relevant information, including, but not limited to, findings regarding the best interests of the Department, other public benefits such as divestment of liabilities, or changed circumstances. The Department shall develop a policy to assign a monetary value of all such considerations in valuation determinations. An appraisal may be paid for by any interested party. The form of the conveyance or release shall be in a form approved by the Department.
(b) Except as provided in paragraphs (c) and (d) of
this Section, and subject to
the written approval of the Governor, the Department may exchange any land,
rights or property no longer needed for highway purposes or remnants
acquired under the provisions of Section 4-501 of this Code for equivalent
interests in land, rights or property needed for highway purposes. Where
such interests are not of equivalent value cash may be paid or received for
the difference in value.
(c) If at the time any property previously determined by the
Department to be needed for highway purposes is declared excess and no longer needed
for the Department's purposes, and before making the property available for public sale as provided in subsection (a), the Department shall offer that real property as follows: (1) To the person from whom such real property was | ||
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(2) If the option in paragraph (1) does not exist or | ||
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(3) If the option in paragraph (1) or (2) does not | ||
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(d) If the Department enters into or currently has a written contract with
another highway authority for the transfer of jurisdiction of any highway or
portion thereof, the Department is authorized
to convey, subject to the written approval of the Governor, without compensation, any land, dedications, easements,
access rights, or any interest in the real estate that it holds to that
specific highway or portion thereof to the highway authority that is accepting
or has accepted jurisdiction. However, no part of the transferred property can
be vacated or disposed of without the approval of the Department, which may
require compensation for non-public use.
(e) Except as provided in paragraph (c) of this Section, if
the Department obtains or obtained fee simple title to, or any
lesser interest, in any land, right, or other property and must comply with
subdivision (f)(3) of Section 6 of Title I of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l-8(f)(3)),
the Historic Bridge Program established under Title 23,
United States Code, Section 144, subsection (o) (23 U.S.C. 144(o)),
the National Historic Preservation Act (16 U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, or
the Illinois State Agency Historic Resources Preservation Act,
the Department, subject to the written approval of the Governor and concurrence
of the grantee, is
authorized to convey the title or interest in the land, right, or other
property to another governmental agency,
or a not-for-profit organization that will
use the property for purposes consistent
with the appropriate law.
The Department may retain rights to protect the public interest.
(Source: P.A. 102-974, eff. 1-1-23.)
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(605 ILCS 5/4-508.1) (from Ch. 121, par. 4-508.1)
Sec. 4-508.1.
In the event the Department obtains or has obtained fee
simple title to, or any lesser interest in, any land, rights or other property
under the provisions of Section 4-508 of this Code in connection with a
project involving the planned construction of a federal-aid highway and
that project ceases to be a federal-aid project, the Department is
authorized to convey title to, or any lesser interest in, all such land, rights
or property, regardless of whether any construction has taken place, to the
Illinois State Toll Highway Authority without compensation when such
conveyance is approved in writing by the Governor.
(Source: P.A. 83-1258.)
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(605 ILCS 5/4-509) (from Ch. 121, par. 4-509)
Sec. 4-509.
In addition to other powers of the Department, whenever it is
necessary as an incident to the construction of a new State highway or the
relocation, reconstruction, extension, widening, straightening, alteration,
repair, maintenance or improvement of an existing State highway (including
extensions of a new or existing State highway through or into a
municipality upon a new or existing street) that property already devoted
to a public use be acquired, and the Department and the public agency
having jurisdiction over such property have entered into an agreement
concerning the acquisition of such property, the Department is authorized
to purchase, or to acquire through the exercise of the right of eminent
domain, such easements, rights, lands or other property as may be necessary
to replace the public property being acquired. The Department is authorized
to convey to such public agency such easements, rights, lands or other
property it so purchases or acquires for such replacement by deed executed
by the Director of the Department.
(Source: Laws 1965, p. 2921.)
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(605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
Sec. 4-510. The Department may establish presently the
approximate
locations and widths of rights of way for future additions to the State
highway system to inform the public and prevent costly and conflicting
development of the land involved.
The Department shall hold a public hearing whenever
approximate
locations and widths of rights of way for future highway additions are
to be established. The hearing shall be held in or near the county or
counties where the land to be used is located and notice of the hearing
shall be published in a newspaper or newspapers of general circulation
in the county or counties involved. Any interested person or his
representative may be heard. The Department shall evaluate the testimony
given at the hearing.
The Department shall make a survey and prepare a map showing the
location and approximate widths of the rights of way needed for
future
additions to the highway system. The map shall show existing highways in
the area involved and the property lines and owners of record of all
land that will be needed for the future additions and all other
pertinent information. Approval of the map with any changes resulting
from the hearing shall be indicated in the record of the hearing and a
notice of the approval
and a copy of the map shall be filed in the
office of the recorder for all counties in which the land
needed for future additions is located.
Public notice of the approval and filing shall be given in newspapers
of general circulation in all counties where the land is located and
shall be served by registered mail within 60 days thereafter on all
owners of record of the land needed for future additions.
The Department may approve changes in the map from time to time. The
changes shall be filed and notice given in the manner provided for an
original map.
After the map is filed and notice thereof given to the owners of
record of the land needed for future additions, no one shall incur
development costs or place improvements in, upon or under the land
involved nor rebuild, alter or add to any existing structure without
first giving 60 days notice by registered mail to the Department. This
prohibition shall not apply to any normal or emergency repairs to
existing structures. The Department shall have 45 days after receipt of
that notice to inform the owner of the Department's intention to acquire
the land involved; after which, it shall have the additional time of 120
days to acquire such land by purchase or to initiate action to acquire
said land through the exercise of the right of eminent domain. When the
right of way is acquired by the State no damages shall be allowed for
any construction, alteration or addition in violation of this Section
unless the Department has failed to acquire the land by purchase or has
abandoned an eminent domain proceeding initiated pursuant to the
provisions of this paragraph.
Any right of way needed for additions to the highway system may be
acquired at any time by the State or by the county or municipality in
which it is located. The time of determination of the value of the
property to be taken under this Section for additions to the highway
system shall be the date of the actual taking, if the property is
acquired by purchase, or the date of the filing of a complaint for
condemnation, if the property is acquired through the exercise of the
right of eminent domain, rather than the date when the map of the
proposed right-of-way was filed of record. The rate of compensation to
be paid for farm land acquired hereunder by the exercise of the right of
eminent domain shall be in accordance with Section 4-501 of this Code.
Not more than 10 years after a protected corridor is established under this
Section regardless of whether the corridor is established before or after the effective date of this amendatory Act of the 97th General Assembly, and not later than the expiration of each succeeding 10 year period,
the Department shall hold public hearings to discuss the viability and
feasibility of the protected corridor. In the case of a protected corridor established prior to 10 years before the effective date of this amendatory Act of the 97th General Assembly, the hearing shall be conducted within 6 months of the effective date of this amendatory Act of the 97th General Assembly. The Department shall retain the discretion to maintain any protected corridor established under this Section, but shall give due
consideration to the information obtained at the hearing and, if
the Department in its discretion determines that construction of the roadway is no longer feasible, the Department shall abolish the protected
corridor.
(Source: P.A. 97-279, eff. 8-8-11.)
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(605 ILCS 5/4-511) (from Ch. 121, par. 4-511)
Sec. 4-511.
In addition to whatever powers the Department may by law now possess
whenever it is necessary for the Department as an incident to the
construction of a new State highway or the relocation, reconstruction,
extension, widening, straightening, alteration, repair, maintenance or
improvement of an existing highway (including extension of a new or
existing State highway through or into a municipality upon a new or
existing street) to acquire property occupied by a structure which must be
removed or demolished in order to construct such highway, then the
Department may acquire within a one mile radius of such structure such
other unimproved or improved but unoccupied easements, rights, lands or
other property by purchase or through the exercise of the right of eminent
domain, for the purpose of:
(a) Providing a site on which such structure may be | ||
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(b) Providing a site on which such structure may be | ||
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The Department may enter into an agreement or agreements with any
department, board, commission, officer or agency of federal or state
government, its political subdivisions and municipal corporations or with
any private person, firm or corporation in order to carry out the purpose
of this Section.
(Source: P.A. 77-1577.)
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(605 ILCS 5/4-512)
Sec. 4-512.
Street closing or relocating.
The Department shall not,
under any circumstance, give its approval to any plan or request that would
permanently close or relocate that portion of 55th Street lying between East
Avenue and Joliet Road, located within Cook County.
(Source: P.A. 88-242.)
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(605 ILCS 5/Art. 5 heading) ARTICLE 5.
COUNTY ADMINISTRATION OF HIGHWAYS
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(605 ILCS 5/Art. 5 Div. 1 heading) DIVISION 1.
GENERAL POWERS OF COUNTY -
DESIGNATION OF COUNTY HIGHWAYS
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(605 ILCS 5/5-101) (from Ch. 121, par. 5-101)
Sec. 5-101.
The county board of each county shall have the powers and
duties stated in Sections 5-101.1 to 5-101.11, inclusive.
(Source: Laws 1965, p. 1000.)
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(605 ILCS 5/5-101.1) (from Ch. 121, par. 5-101.1)
Sec. 5-101.1.
To have general supervision of all county highways in the
county, subject to the provisions of Section 4-101.1.
(Source: P.A. 85-853.)
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(605 ILCS 5/5-101.2) (from Ch. 121, par. 5-101.2)
Sec. 5-101.2.
To levy taxes and expend funds, either general or special, in
accordance with law for highway purposes.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-101.3) (from Ch. 121, par. 5-101.3)
Sec. 5-101.3.
To construct any county highway, including the lighting
thereof, in the discretion of the county board out of any funds available
for such purpose, and to construct State highways, provided that any
construction of a State highway shall be according to plans and
specifications approved by the Department.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-101.4) (from Ch. 121, par. 5-101.4)
Sec. 5-101.4.
To appropriate funds to aid in the construction of township
and district highways in any part of the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-101.5) (from Ch. 121, par. 5-101.5)
Sec. 5-101.5.
When in any county of 500,000 inhabitants or more bonds of
the county have been authorized by vote of the people of the county for the
purpose of aiding in the construction of highways, to employ the proceeds
of such bonds in aiding in the construction or widening of any highways in
such county, including State and county highways therein.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-101.6) (from Ch. 121, par. 5-101.6)
Sec. 5-101.6.
To appoint a county superintendent of highways in the manner
provided by Division 2 of this Article.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-101.7) (from Ch. 121, par. 5-101.7)
Sec. 5-101.7.
To accept, receive and use as county funds for the purpose of
constructing county highways money turned over to the county by a road
district as provided by Section 5-606 of this Code, or by a municipality,
or by any person; and to accept and use donations from any source for the
purpose of constructing any highway within the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-101.8) (from Ch. 121, par. 5-101.8)
Sec. 5-101.8.
Whenever any county highway is laid out, widened or altered
in accordance with this Article, to cause a plat thereof to be made and
recorded in the office of the recorder of the county (or in the
office of the registrar of titles for the county if appropriate) in
accordance with the provisions of Section 9 of "An Act to revise the law in
relation to plats", approved March 21, 1874, as
amended.
(Source: P.A. 83-358.)
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(605 ILCS 5/5-101.9) (from Ch. 121, par. 5-101.9)
Sec. 5-101.9.
To exercise any other power and perform any other duty
prescribed in this Code. A county shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of the county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the county highway system, is jointly performed with another county through the sharing of road equipment pursuant to an intergovernmental agreement, or is provided as necessary relief services following the occurrence of a disaster as defined by the Illinois Emergency Management Agency Act.
As used in this Section, "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow. (Source: P.A. 103-373, eff. 1-1-24.)
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(605 ILCS 5/5-101.10) (from Ch. 121, par. 5-101.10)
Sec. 5-101.10.
To place, erect and maintain on county highways all traffic
control devices and signs authorized by this Code or by "The Illinois
Vehicle Code", approved September 29, 1969, as amended.
(Source: P.A. 83-333.)
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(605 ILCS 5/5-101.11) (from Ch. 121, par. 5-101.11)
Sec. 5-101.11.
Whenever it considers such purchase or lease
advisable, to purchase or lease highway construction and
maintenance equipment under contracts providing for payment
in installments over a period of time of not more than
10 years with interest on the unpaid balance owing not to
exceed the amount permitted pursuant to "An Act to authorize
public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended.
(Source: P.A. 85-293.)
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(605 ILCS 5/5-102) (from Ch. 121, par. 5-102)
Sec. 5-102.
Upon the effective date of this Code the highways comprising
the county highway system in each county are those highways that, on such
date, are defined as county highways by Section 2-102 and 2-204 of this
Code.
Additions to and deletions from the county highway system may be made in
the manner prescribed in this Code. Highways added to the county highway
system shall be as nearly as possible highways connecting the principal
municipalities and trading points in each county with each other, and also
with the principal municipalities and trading points in other counties.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-103) (from Ch. 121, par. 5-103)
Sec. 5-103.
Immediately after the effective date of this Code, the
Department shall indicate the highways in each county highway system under
the provisions of this Code on such effective date by marking them upon a
map which shows the public roads and section lines in the county and shall
file such map with the county clerk. The county clerk shall enter the map
among his official records, and no changes in the county highway routes
indicated thereon shall be made except when a change has been made in the
county highway system in accordance with the provisions of Section 5-105
of this Code or when a county highway or part of it is vacated or relocated
in accordance with Sections 5-109 or 5-110 of this Code.
(Source: Laws 1967, p. 3388.)
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(605 ILCS 5/5-104) (from Ch. 121, par. 5-104)
Sec. 5-104.
Except as otherwise provided in this Code, no mileage shall be
added to a county highway system after the effective date of this Code, if
such addition causes the total mileage of highways in the county highway
system of the county to exceed 35% of the total rural public highway
mileage in a county having less than 500,000 inhabitants or 75% of the
total rural public highway mileage in a county having 500,000 inhabitants
or more. When 80% of the maximum permissible county highway system mileage
in a county is of proper width and alignment and has been satisfactorily
improved with oiled earth, gravel, macadam, portland cement concrete,
bituminous concrete or brick on a portland cement concrete base, or other
hard-surfaced type of pavement, patented or otherwise, (including surface
or subsurface drainage, grading, bridges and culverts thereon having
adequate design and roadway width and satisfactory horizontal and vertical
alignment and capable of sustaining highway traffic with safety), as
determined by the Department, such county may, in the manner provided by
Section 5-105, add to its existing highways in the county highway system,
additional highway mileage to the extent of 10% of the permissible highway
mileage of county highways in the county.
The total rural public highway mileage in a county shall be determined
and published by the Department.
In determining the maximum permissible county highway system mileage of
any county under this Section the mileage of county highways within the
corporate limits of a municipality shall not be considered.
(Source: P.A. 85-784; 85-832; 85-854.)
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(605 ILCS 5/5-105) (from Ch. 121, par. 5-105)
Sec. 5-105.
Temporary closings of county highways, or changes in highways
making up a part of the county highway system, including additions to and
deletions from such system, may be made by resolution of the county board,
subject to the approval of the Department. Highways permanently removed
from the county highway system which do not become part of the State
highway system shall become part of the township and district road system
if in a rural area, or the municipal street system if in a municipality.
Such permanent changes shall be indicated on the map provided for by
Section 5-103 of this Code or a corrected map may be substituted therefor.
The provisions of this Section do not apply to the vacation or relocation
of a county highway or part of it pursuant to Sections 5-107, 5-109 or
5-110 of this Code. However, a change occasioned by the vacation or
relocation of a county highway or part of it pursuant to Sections 5-107,
5-109 or 5-110 of this Code shall be indicated on the map provided for by
Section 5-103 in the same manner as changes made under this Section.
(Source: Laws 1967, p. 3388.)
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(605 ILCS 5/5-106) (from Ch. 121, par. 5-106)
Sec. 5-106.
The county board may, by resolution approved by the Department,
designate a route on existing streets in a municipality as a municipal
extension of a county highway or may designate a route for a municipal
extension of a county highway on a new location in a municipality. Such
designation shall be made so as to form a continuous route for a county
highway through the municipality or so as to end a route for a county
highway at a point within the municipality, as the case may be, as will
best serve traffic needs.
Routes designated as municipal extensions of a county highway as
provided in this Section shall not, by virtue of such designation, become a
part of the county highway system. However, for the purposes of preparing
plans and specifications, acquisition of right-of-way, the performance of
all things necessary to the commencement of a construction or improvement
project on a part or all of such a route by the county and the use of
county highway or motor fuel tax funds therefor, such route shall be
treated and considered as though it were then a part of the county highway
system.
Upon the commencement by the county of a construction or improvement
project on a part or all of a route so designated as such a municipal
extension, the part so to be constructed or improved shall thereupon become
a part of the county highway system.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-107) (from Ch. 121, par. 5-107)
Sec. 5-107. Relocations of county highways may be made during the
improvement thereof according to plans approved by the county board and the
Department. Upon completion of the relocated highway and its opening to
public travel, the new location shall become the location of the county
highway and the county shall have full authority over the relocated highway and that portion of the original location not incorporated into the new location. For any portion of the original location not incorporated into the new location, the county board, by the process established by law, may transfer road jurisdiction to another highway authority or vacate, transfer, or sell the property interest. Pending the completion and opening of the relocation, the county
board shall have full authority over the existing county highway and shall
also have power to lay out the relocation, acquire rights-of-way, by
condemnation or otherwise, and take whatever action is necessary to effect
the laying out, improving, and opening of the county highway upon the
relocation.
(Source: P.A. 96-1001, eff. 1-1-11.)
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(605 ILCS 5/5-108) (from Ch. 121, par. 5-108)
Sec. 5-108.
The Department shall assign a number to each county highway in
each county and all county highways shall always be designated by a number.
The Department may from time to time renumber such county highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-109) (from Ch. 121, par. 5-109)
Sec. 5-109.
When the county board determines that the public and economic
interest is served by vacating a county highway or part of it, it may
vacate that highway or part of it by resolution adopted by the favorable
vote of 2/3 of the members of the county board, subject to the approval of
the Department. The vote of each member shall be entered on the records of
the county board. Prior to acting on such vacation resolution, the county
board shall give at least 10 days' notice of the time and place of the
county board meeting at which said resolution is to be considered, by
publication in at least one newspaper published in the township or road
district, or in the absence of such published newspaper, in at least one
newspaper of general circulation in the township or road district, or in
the absence of such generally circulated newspaper at the time prescribed
for notice, by posting notices in 5 of the most public places in the
township or road district in the vicinity of the road to be vacated.
The resolution may provide that it is not effective until the owners of
property abutting on the highway or part of it to be vacated pay
compensation in an amount which, in the judgment of the county board, is
not in excess of the fair market value of a similar acreage abutting the
highway. If there are public service facilities on the highway or part of
it, the resolution shall reserve to the public body or public utility
owning the facilities, the property, rights of way and easements existing
at the time of vacating the highway for the maintenance, renewal and
reconstruction of the same.
The determination of the county board that the nature and extent of the
public and economic interest to be served warrants the vacation,
reconstruction or relocation pursuant to this Section or Section 5-110 of
the Code of any county highway or part of it, is conclusive, and the
passage of the resolution is sufficient evidence of that determination,
whether recited in the resolution or not. The relief to the public from
further burden and responsibility of maintaining a highway or part of it
constitutes a public and economic interest authorizing the vacation or
relocation.
When property is damaged by the vacation of a county highway or part of
it, the damage shall be ascertained and paid as provided by law.
(Source: Laws 1967, p. 3388.)
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(605 ILCS 5/5-110) (from Ch. 121, par. 5-110)
Sec. 5-110.
Upon the vacation of a county highway or part of it, the county
board shall cause a legal description of the highway or the part of it
vacated to be recorded in the office of the recorder. The recorder
shall mark any recorded plat of the highway in a manner that shows the
vacation and indicates the book and page number where the description is
recorded.
The provisions of Section 5-109 and this Section 5-110 shall not apply
where the county board has ordered a highway or part thereof to be closed
for a specified period of time, to be reconstructed thereafter. The
provisions of Section 5-109 shall not apply where the county board has
ordered a highway or part thereof to be vacated permanently to be
reconstructed and dedicated in a new location.
(Source: P.A. 83-358.)
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(605 ILCS 5/Art. 5 Div. 2 heading) DIVISION 2.
COUNTY SUPERINTENDENT OF HIGHWAYS
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(605 ILCS 5/5-201) (from Ch. 121, par. 5-201)
Sec. 5-201.
In each county with a population greater than
3,000,000, there shall be a county superintendent of highways. In each
county with a population less than 3,000,000, there shall be a county
engineer. On the effective date of this amendatory Act of 1991, in
every county with a population less than 3,000,000, the county engineer
shall succeed to all the powers and duties enjoyed by the county
superintendent of highways immediately before that date. On and after the
effective date of this amendatory Act of 1991, "county superintendent of
highways" means "county engineer" or "county superintendent of highways"
wherever it appears in this Code, unless a contrary intention is clearly
indicated.
In the appointment of a county engineer or superintendent of highways,
the county board and the Department shall proceed as follows:
(1) Should the board desire to reappoint the | ||
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(2) Should the board desire to appoint someone other | ||
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Each candidate shall hold a currently valid | ||
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Each candidate shall also have at least one of the | ||
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(a) a baccalaureate degree in engineering from a | ||
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(b) at least 10 years practical experience in | ||
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Upon the submission of a list of candidates by a | ||
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(3) Should the board desire to consider for | ||
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As between persons equally competent and qualified to hold the office
of county engineer or superintendent of highways, preference in the
appointment shall be given residents of the county.
Any 2 or more counties may, with the approval of the Department,
appoint the same person as county engineer or superintendent of
highways for each of the counties and may by agreement provide for the
proportionate share of the salary and expenses of the appointee to be borne
by each county. However, if a county board desires to appoint as county
engineer or superintendent of highways of that county a person who at that
time is the county engineer or superintendent of highways of another
county, the person shall not be required to take the examination given by
the Department and shall not be required to accept the appointment without
his consent.
No part of any moneys appropriated by the State for the building and
maintaining of county highways shall be apportioned to any county unless
a county engineer or superintendent of highways has been appointed.
(Source: P.A. 86-1475; 87-217; 87-895.)
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(605 ILCS 5/5-201.1) (from Ch. 121, par. 5-201.1)
Sec. 5-201.1.
In each county of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, there shall be a County Division of
Transportation with a county director of the Division of Transportation.
The chairman of the county board, with the advice and consent of the
county board, shall appoint a director from a list of qualified applicants.
The appointee shall have demonstrated experience in the area of management
and administration.
The county board shall notify the Department of the appointment of the director.
(Source: P.A. 84-756.)
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(605 ILCS 5/5-202) (from Ch. 121, par. 5-202)
Sec. 5-202.
(a) Except as provided under subsection (b) of this
Section the term of office of each county superintendent of highways is
6 years and until his successor is appointed and qualified. He shall
receive a salary fixed by the county board, and shall also be allowed his
actual traveling and other expenses incurred in the discharge of the duties
of his office, his salary and expenses to be payable out of any general or
highway funds of the county. The county board shall provide all equipment
and personnel reasonably required by the county superintendent of highways
in the discharge of the duties of his office.
(b) Each county superintendent of highways appointed in a county of
more than 600,000 inhabitants but less than 3,000,000 inhabitants shall
serve at the pleasure of the county board beginning with the first
appointee to take office after the expiration of the remaining term of the
county superintendent of highways in office on the effective date of this
amendatory Act of 1985.
(Source: P.A. 84-756.)
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(605 ILCS 5/5-202.1) (from Ch. 121, par. 5-202.1)
Sec. 5-202.1.
In counties of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, the county director of the Division of
Transportation shall hold the position as an employee of the county board.
(Source: P.A. 84-756.)
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(605 ILCS 5/5-203) (from Ch. 121, par. 5-203)
Sec. 5-203.
Any county superintendent of highways may be removed from
office by the county board for incompetence, neglect of duty or malfeasance
in office. In any proceeding to remove a county superintendent of highways
from office a petition shall be filed with the county board naming such
officer as respondent and setting forth the particular facts upon which
the request for removal is based. The county board shall set the matter
for hearing not earlier than 5 days after service upon the respondent, which
service shall be the same as in civil actions. The county board shall thereupon
proceed to a determination of the charges and shall enter an order either
dismissing the charge against the county superintendent of highways or removing
him from office.
The decision of the county board is subject to judicial review under the
Administrative Review Law as now or hereafter amended.
(Source: P.A. 82-783.)
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(605 ILCS 5/5-203.1) (from Ch. 121, par. 5-203.1)
Sec. 5-203.1.
In counties of more than 600,000 inhabitants but less than
3,000,000 inhabitants, any county director of the Division of Transportation
shall serve at the pleasure of the appointing authority.
(Source: P.A. 84-756.)
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(605 ILCS 5/5-204) (from Ch. 121, par. 5-204)
Sec. 5-204.
Whenever the office of county superintendent of highways is
vacant, the county board may with the consent in writing of the Department
appoint any competent person as acting county superintendent of highways
until the vacancy is filled in the manner provided in Section 5-201.
The office shall not be deemed vacant except at the end of the
incumbent's 6 year term or in case of his death, his removal from office in
accordance with the provisions of Section 5-203, or his resignation
submitted in writing to the county board. However, if the incumbent enters
the military service of the United States, the county board may, with the
approval of the Department, appoint any competent person as acting county
superintendent of highways to perform the duties of the office until the
end of the incumbent's 6 year term or the discharge of the incumbent from
such service, whichever shall first occur.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-204.1) (from Ch. 121, par. 5-204.1)
Sec. 5-204.1.
In any county of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, the county board chairman may appoint any
competent person as acting director whenever a vacancy exists and until
such vacancy is filled as in Section 5-201.1.
(Source: P.A. 84-756.)
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(605 ILCS 5/5-205) (from Ch. 121, par. 5-205)
Sec. 5-205.
Functions generally.
The county superintendent of highways
shall, subject to the general supervision of the county board and to the rules
and regulations of the Department, perform the functions stated in the
following Sections preceding Division 3.
(Source: P.A. 88-572, eff. 8-11-94.)
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(605 ILCS 5/5-205.1) (from Ch. 121, par. 5-205.1)
Sec. 5-205.1.
Prepare or cause to be prepared, plans, specifications and
estimates for all bridges and culverts to be built by the county, or by one
or more road districts, and supervise the construction of all such bridges
and culverts. When the clear span length of the bridge or culvert is more
than 30 feet, the plans and specifications, before being finally adopted,
shall be submitted to the Department for approval.
(Source: Laws 1965, p. 2719.)
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(605 ILCS 5/5-205.2) (from Ch. 121, par. 5-205.2)
Sec. 5-205.2.
Act for the county in all matters relating to the supervision of the
construction or maintenance of any highway constructed or maintained in
whole or in part at the expense of the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-205.3) (from Ch. 121, par. 5-205.3)
Sec. 5-205.3.
Advise the highway commissioners of the road districts
in his county, when requested in writing, and direct, as otherwise provided
in this code, the
highway commissioners of the road districts in his county, as to the
best methods of construction, repair, or maintenance of township and
district roads. The grades of such roads in such road districts shall be
constructed according to plans approved by the county superintendent of
highways.
(Source: P.A. 80-1444.)
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(605 ILCS 5/5-205.4) (from Ch. 121, par. 5-205.4)
Sec. 5-205.4.
Upon the request of the highway commissioner of any road
district in the county, prepare or cause to be prepared all maps, plans,
specifications and estimates of cost needed in order to comply with the
provisions of Section 6-701.1 of this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-205.5) (from Ch. 121, par. 5-205.5)
Sec. 5-205.5.
Supervise the construction or maintenance of all county
highways within the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-205.6) (from Ch. 121, par. 5-205.6)
Sec. 5-205.6.
Keep a record of all contracts or purchases of
materials, machinery or apparatus to be used in road construction in
excess of $5,000 approved by him in any road district as hereinafter
provided in this Code.
(Source: P.A. 81-693.)
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(605 ILCS 5/5-205.7) (from Ch. 121, par. 5-205.7)
Sec. 5-205.7.
In counties in which a county unit road district has been
established, subject to the direction of the county board, act for the
county in all matters relating to the construction and maintenance of
county unit district roads.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-205.8) (from Ch. 121, par. 5-205.8)
Sec. 5-205.8.
Perform such other duties as may be prescribed by law and the
rules and regulations of the Department. Other than as above specifically
indicated, the county superintendent of highways and county director of
the Division of Transportation shall be regarded as a deputy to the
Department. However, no county superintendent of highways shall be required
without his consent, and the consent of the county board of the county in
whose employ he is, to perform services in any other county.
(Source: P.A. 84-756.)
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(605 ILCS 5/5-205.9)
Sec. 5-205.9.
Report to road district treasurer.
If requested by the
treasurer of a road district in the county, the county superintendent of
highways shall report to the treasurer the balance, on the last day of each
6-month period ending on May 1 and November 1, of the road district's moneys
administered by the county superintendent of highways. The report shall be
made within 30 days after the end of each 6-month period. This Section applies
only to counties with a population less than 3,000,000.
(Source: P.A. 88-572, eff. 8-11-94.)
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(605 ILCS 5/5-205.10) Sec. 5-205.10. Discontinuance of a coterminous township. If township organization is discontinued as provided in Articles 27 and 28 of the Township Code, then the coterminous municipality shall assume the duties of highway commissioner under this Code.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.) |
(605 ILCS 5/Art. 5 Div. 3 heading) DIVISION 3.
PLANNING AND PROGRAMMING
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(605 ILCS 5/5-301) (from Ch. 121, par. 5-301)
Sec. 5-301.
In order to properly plan the utilization of motor fuel tax
funds each County Superintendent of Highways, except for those in a county
with a population of 185,000 or less, shall be required to develop and
update a 20 year long-range highway transportation plan. The plan shall
contain an estimate of revenues which will become available during that
period and a statement of intention with respect to the construction,
maintenance, and other related work to be done insofar as it is possible to
make such estimates. In addition, the long-range plan shall show the
location of existing county highways and the general corridors of future
highways, the projected future traffic usage on each highway for a 20 year
period, a tabulation showing the design standards and the geometric
features associated with different levels of traffic usage, and a listing of
the major improvements anticipated within 5 years of the date of each plan.
A copy of the plan shall be filed with the Secretary of the Department of
Transportation. A copy of the plan as it relates to each city over 5,000
population in the county shall be filed with the clerk of each
municipality. The initial plan shall be on file with designated agencies
by July 1, 1971, and shall be updated on an annual basis thereafter.
(Source: P.A. 85-853.)
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(605 ILCS 5/Art. 5 Div. 4 heading) DIVISION 4.
CONSTRUCTION
AND MAINTENANCE
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(605 ILCS 5/5-401) (from Ch. 121, par. 5-401)
Sec. 5-401.
Subject to the general supervisory powers of the Department
under this Code, all highways in the county highway system shall be under
the direct control and supervision of the county board of the county in
which such county highways are located, and the county board shall repair,
maintain and construct such county highways by contract or with its own
forces.
However, gravel and macadam highways constructed or partially
constructed prior to July 1, 1929 as State aid roads under the provisions
of "An Act to revise the law in relation to roads and bridges", approved
June 27, 1913, as amended, and required to be maintained equally by the
county and the Department under the provisions of Section 32 of that Act
shall continue to be so maintained.
(Source: Laws 1959, p. 196.)
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(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.)
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(605 ILCS 5/5-403) (from Ch. 121, par. 5-403)
Sec. 5-403.
When any highway construction projects by a County are to be performed
under the supervision and approval of the Department the procedure shall be
as follows:
The county board shall, by one or more resolutions, specify the
particular section or sections of highway to be constructed and the amount
or amounts to be used for such construction. The resolution or resolutions
shall be submitted to the Department for its approval. One resolution may
be submitted for more than one project. When the resolution or resolutions
have been approved by the Department, the county shall cause surveys,
plans, specifications and estimates of such construction to be made and
submitted to the Department for approval.
Upon receiving such approval, the county may advertise for bids and let
contracts for such construction to the lowest responsible bidder; or with
the approval of the Department, do the work itself through its officers,
agents and employees. No contract shall be let without the approval of the
Department. The Department shall have general supervision of such
construction whether done by the county or by contract. Upon completion of
the construction, if it is found by the Department that such construction
has been in accordance with the specifications, plans, surveys, and
contracts (if the construction was by contract), the Department shall so
certify to the county.
(Source: P.A. 77-632.)
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(605 ILCS 5/5-405) (from Ch. 121, par. 5-405)
Sec. 5-405.
County highways may be constructed or improved on county lines.
In case two counties desire to secure the construction or improvement of a
county highway situated upon or near the boundary line between them, the
respective county boards thereof may, by appropriate resolutions, initiate
proceedings therefor. To this end such county boards may, by concurring
resolutions, fix the portion of the total cost of construction which should
be borne by each county.
In all proceedings contemplating the construction or improvement of a
county line highway as herein provided, all acts of each county board
relative thereto, together with the result of any vote upon the question of
levying a tax or issuing bonds as provided herein, shall be communicated by
the county clerk of each county to the county clerk of the other county.
In case either county refuses to take the steps necessary to secure the
construction or improvement of such county line highway as herein provided,
then all prior proceedings relative thereto on the part of the other county
shall be regarded as suspended.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-406) (from Ch. 121, par. 5-406)
Sec. 5-406.
Where the county board of any county deems it necessary to
connect any county highway with any county or State highway situated within
an adjoining county, or to construct an interchange at the intersection
of any county, State, or interstate highway situated within an adjoining
county, the county board may by resolution of record request
the county board of the adjoining county to improve such connection to the
county line or construct such interchange, and the county board making
said request is authorized to turn
over to the adjoining county making such improvement or constructing the
interchange, such part of the cost
of the improvement or interchange as may be agreed upon between such
counties, subject to
the approval of the Department.
(Source: P.A. 85-136.)
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(605 ILCS 5/5-407) (from Ch. 121, par. 5-407)
Sec. 5-407.
When a highway leading to a public ferry over a river which is
the boundary line between two counties, is subject to inundation and flood
damage, such highway in either or both of such counties may be constructed,
repaired or maintained by the adjoining counties, or either of them, or may
be partly constructed, repaired or maintained by both or either of such
counties.
The county boards of such adjoining counties may enter into a contract
as to the proportion of the expense of construction, repair or maintenance
to be borne by each, and such contracts shall be judicially enforceable;
or either county may construct or maintain, or assist in the
construction and maintenance of such highway in either or both counties.
(Source: P.A. 83-345.)
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(605 ILCS 5/5-408) (from Ch. 121, par. 5-408)
Sec. 5-408.
The county board, with the approval of the corporate
authorities in the case of a municipality with a population of over 500,
and in its own discretion in the case of a municipality with a population
of 500 or less, may construct or maintain with county funds a highway or
street, or part thereof, lying within the corporate limits of any
municipality within the county, to connect or complete a county highway
located to the corporate limits of such municipality.
(Source: Laws 1965, p. 1070.)
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(605 ILCS 5/5-409) (from Ch. 121, par. 5-409)
Sec. 5-409.
Partial payments on contracts let by a county for highway work
may be made as the work progresses but no payment in excess of 90% of the
value of the work then completed may be made until 50% of the work has been
completed. After 50% of the work is completed, the county may, in its
discretion, make partial payments without any further retention, provided
that satisfactory progress is being made and provided that the amount
retained is not less than 5% of the total adjusted contract price.
At the discretion of the county and with the consent of the surety, a
semi-final payment may be made when the principal items of the work have
been satisfactorily completed. Such payment shall not exceed 90% of the
amount retained nor reduce the amount retained to less than 1% of the
adjusted contract price nor less than $500.00.
Final payment under the contract shall not be made until it is shown
that all money due for any labor, material, apparatus, fixtures or
machinery furnished to the contractor or other indebtedness of the
contractor incurred in connection with such work has been paid.
Furthermore, if the contract is one that was approved by the Department,
no final payment shall be made until the county has received approval by
the Department to do so.
This Section is also subject to the provisions of Section 23 of the Mechanics Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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(605 ILCS 5/5-410) (from Ch. 121, par. 5-410)
Sec. 5-410.
The county board is authorized to enter into agreements with
any municipal corporation, terminable in the discretion of the county
board, for the municipal corporation to maintain any county highway, or any
part thereof, located within the municipal corporation, such maintenance to
be under the supervision of the county superintendent of highways. Any such
agreement entered into prior to the effective date of this Code is
validated.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-410.1) (from Ch. 121, par. 5-410.1)
Sec. 5-410.1.
The county board may surrender jurisdiction
over the right-of-way and improvements of all or part of a county highway,
street or road to a municipality by agreement as provided in Section
11-91.2-1 of the Illinois Municipal Code, as now or hereafter amended.
(Source: P.A. 85-1421.)
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(605 ILCS 5/5-411) (from Ch. 121, par. 5-411)
Sec. 5-411.
On all county highways which have all-weather travel surfaces
the county board shall provide for the construction and maintenance of
all-weather surfaces at boxes used for the receipt of United States mail.
The rules, regulations and specifications adopted by the Department
governing the erection and maintenance of boxes for the receipt of United
States mail on State highways shall apply to and govern the erection and
maintenance of such boxes on such county highways.
(Source: Laws 1959, p. 1800.)
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(605 ILCS 5/5-412) (from Ch. 121, par. 5-412)
Sec. 5-412.
The county board, of each county, may contract with persons
growing row crops on land adjacent to county highways to buy standing strips
of such crops to remain in place to act as snow breaks along such highways
in those places where experience shows that drifting snow has been an
obstruction to traffic. The contract price to be paid by the county board in any such
case shall be the higher of the market price in the local area of
such crop at the time of contracting or the current Commodity Credit
Corporation target price. An additional sum of money equal to at least 10% of the
contract price may be paid to the grower as an inconvenience fee.
(Source: P.A. 100-46, eff. 1-1-18.)
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(605 ILCS 5/5-413) (from Ch. 121, par. 5-413)
Sec. 5-413.
Access roads and driveways for private and public use
may, upon receipt of a permit from the county superintendent of highways,
be laid out from a county highway in accordance with regulations adopted by
the county board.
(Source: P.A. 85-808.)
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(605 ILCS 5/5-414)
Sec. 5-414.
Permit for temporary closing.
The county engineer may, upon
application by
the proper authorities of any governmental agency or person, issue a permit to
the agency or
person to temporarily close to traffic any portion of a county highway for any
public purpose or
any temporary needs of the agency in accordance with regulations adopted by the
County Board.
(Source: P.A. 91-775, eff. 6-9-00.)
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(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
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(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.)
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(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.)
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(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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(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.)
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(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.)
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(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.)
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(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.)
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(605 ILCS 5/Art. 5 Div. 6 heading) DIVISION 6.
TAXATION
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(605 ILCS 5/5-601) (from Ch. 121, par. 5-601)
Sec. 5-601.
(a) For the purpose of improving, maintaining, repairing,
constructing and reconstructing the county highways required to be
maintained, repaired and constructed by the county as provided in
Section 5-401 of this Code, and for the payment of lands, quarries, pits
or other deposits of road material required by the county for such
purpose, and for acquiring and maintaining machinery and equipment, or
for acquiring, maintaining, operating, constructing or reconstructing
buildings for housing highway offices, machinery, equipment and
materials, used for the construction, repair and maintenance of such
highways, the county board shall have the power to levy an annual tax to
be known as the "county highway tax". Such tax shall be in addition to the
maximum of all other county taxes which the county is now or may
hereafter be authorized by statute to levy upon the aggregate valuation
of all taxable property within the county. Such "county highway tax"
shall not be extended at a rate exceeding .10%, or the rate limit in
effect on July 1, 1967, whichever is greater, of the value, as equalized
or assessed by the Department of Revenue, of the
taxable property within the county, exclusive of the amount necessary to
pay the principal of and interest on county road bonds duly authorized
before July 1, 1959 for the construction of county highways, unless
otherwise authorized by a vote of the people of the county. The county
highway tax rate may be increased to .20% as provided in subsection (b).
In counties having less than 1,000,000 inhabitants, the amount that may
be expended for the purchase of machinery or equipment for constructing
or maintaining highways shall not exceed in any one year an amount in
excess of 35% of the maximum extension for highway purposes for such
year. In counties having 1,000,000 or more inhabitants, taxes levied for
any year for the purposes specified in this Section shall be subject to
the limitation that they shall not exceed the estimated amount of taxes
to be levied for such year for such purpose as determined in accordance
with the provisions of Section 6-24001 of the Counties
Code and set
forth in the annual appropriation bill of such county; and in
ascertaining the rate per cent that will produce the amount of any tax
levied in any such county under the provisions of this Section, the
county clerk shall not add to such tax or rate any sum or amount to
cover the loss and cost of collecting such tax. However, the foregoing
limitations upon tax rates, insofar as they are applicable to counties
of less than 1,000,000 population, may be increased or decreased under
the referendum provisions of the General Revenue Law of Illinois. All
moneys derived from the "county highway tax" shall be placed in a
separate fund to be known as the "county highway fund" and shall be used
for no other purpose. In any county containing 1,000,000
or more inhabitants, however, any appropriation or levy to be used for lands,
easements and rights-of-way, motor vehicle equipment, mechanical
equipment, engineering and drafting equipment, road materials, road,
bridge and drainage improvements, grade separation improvements,
railroad grade crossing improvements, warehouse and garage improvements,
street signs and signals need not be expended during the fiscal year in
which the appropriation or levy was made but shall also be available
during the following fiscal year without reduction of any levy made
during the latter fiscal year. After the end of that latter fiscal
year, if there is still an unexpended balance, it shall operate to
reduce, in like amount, any subsequent levy. It shall not be a defense
or objection to any appropriation or levy made in a subsequent fiscal
year for the same purposes that there remain uncommenced or uncompleted
projects or unexpended moneys arising in an appropriation or levy of a
prior year as contemplated in this Section.
(b) The maximum county highway tax rate provided for in subsection
(a) may be increased not to exceed .20% if such increase is approved by
a majority of the voters of the county voting on the question. The question
shall be certified to the proper election officials, who shall submit the
question to the voters at an election. Such
election shall be conducted, returns made and notices thereof
given as provided by the general election law. The question shall be in
substantially the following form:
Shall the county highway tax rate YESof.......... County be increased to.....%? NO
(Source: P.A. 86-1475.)
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(605 ILCS 5/5-601.1) (from Ch. 121, par. 5-601.1)
Sec. 5-601.1.
Whenever a proposition or public question is required to
be submitted, pursuant to this Act, for approval or rejection by the electors
at an election, the time and manner of conducting such referendum shall
be in accordance with the general election laws of the State.
(Source: P.A. 81-1489.)
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(605 ILCS 5/5-602) (from Ch. 121, par. 5-602)
Sec. 5-602.
For the purpose of administering Sections 5-501, 5-502, 5-503
and 5-504 of this Code, any county having less than 1,000,000 inhabitants may
levy an additional annual tax not exceeding .05% of the value of all the
taxable property in such county, as equalized or assessed by the Department of
Revenue, which tax shall be in addition to all other county taxes and shall be
in excess of any other rate limitation. The foregoing rate limitation may be
increased, for a 10 year period, up to 0.25% under the referendum provisions of
Sections 18-120, 18-125, and 18-130 of the Property Tax Code. This tax shall be
levied and collected at the
same time and in the same manner as taxes for general county purposes. All
moneys derived from such tax shall be placed in a separate fund in the county
treasury to be known as the "county bridge fund". The county board shall from
time to time make appropriations payable from the "county bridge fund" for the
purpose of administering Sections 5-501, 5-502, 5-503 and 5-504 of this Code;
but no portion of this fund may be expended for the purpose of administering
sections 5-502, 5-503 or 5-504 of this Code until all obligations imposed upon
the county by Section 5-501 of this Code have been fulfilled. If, at the end of
any fiscal year of the county, there is any unappropriated balance in the
"county bridge fund", it shall operate to reduce, in like amount, any
subsequent tax levy payable into such fund.
(Source: P.A. 88-670, eff. 12-2-94.)
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(605 ILCS 5/5-603) (from Ch. 121, par. 5-603)
Sec. 5-603.
For the purpose of providing funds to pay the expenses
for engineering and right-of-way costs, utility relocations and its
proportionate share of construction or maintenance of highways in the
federal aid network or county highway network and costs
incurred incident to transportation planning studies conducted in
cooperation, and by formal agreement, with the Department of
Transportation or its predecessor, the Department of Public Works and
Buildings and the designated authority of the United States Government
the county board except in counties having a population in excess of
1,000,000 inhabitants has the power to levy an annual tax to be known as
the matching tax. Such tax shall be in addition to the maximum of all
other county taxes which the county is now or may hereafter be
authorized by statute to levy upon the aggregate valuation of all
taxable property within the county. Such matching tax shall not be
extended at a rate exceeding .05% of the value of all taxable property
within the county, as equalized or assessed by the Department of Revenue.
On ascertaining the rate per cent that will produce
the amount of any tax levied in any such county under this section, the
county clerk shall not add to such tax or rate any sum or amount to
cover the loss or cost of collecting such tax. All moneys derived from
the matching tax shall be placed in a separate fund to be known as the
matching fund and shall be used for no other purposes. The county board
shall from time to time adopt resolutions appropriating matching funds
for specific federal aid projects and motor fuel tax sections or for
transportation planning studies conducted in cooperation, and by formal
agreement, with the Department of Transportation or its predecessor, the
Department of Public Works and Buildings and the designated authority of
the United States Government and no moneys shall be disbursed from this
fund unless so appropriated by the county board. After the end of the
fiscal year, if there is still an unappropriated balance it shall
operate to reduce, in like amount, any subsequent levy.
(Source: P.A. 86-616.)
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(605 ILCS 5/5-604) (from Ch. 121, par. 5-604)
Sec. 5-604.
The county board of any county, pursuant to a petition and after
referendum approval as required in this Section, may levy a special tax
for the purpose of (1) constructing or repairing county highways or (2)
assisting one or more road districts in the county to the extent of 25%
of the cost of the construction or repair of township or district roads or (3) for
both of such purposes. Such tax shall not be included within any
statutory rate or amount for other county purposes but shall be excluded
therefrom and be in addition thereto and in excess thereof.
Upon receipt of a petition from 100 or more landowners who are legal
voters in any county the county clerk shall submit at the next general
election for county officers, or at a regular election, the question of extending
a special tax
against all taxable property in the county for the purpose or purposes
and in the manner stated in the petition. The county clerk shall give
notice of such referendum and shall submit the proposition in accordance
with the general election law of the State.
Both the petition and the notice of referendum shall designate (1) the
particular county highway or county highways to be improved or the road
district or districts to be so assisted or both, (2) the maximum annual
rate percent not exceeding .0833% of the value of the taxable property
as equalized or assessed by the Department of Revenue
at which such tax may be extended and (3) the number of years, not
exceeding 5 years, during which such tax may be levied.
The proposition shall be in substantially the following form:
Shall a special YEStax for highway purposes be levied in.... County? NO
If a majority of all ballots cast on such question is in favor of
such tax levy, the county board shall levy and the county clerk shall
extend such tax for the number of years stated in the petition and the
proceeds of such tax shall be used for the purpose or purposes stated in
the petition.
(Source: P.A. 85-527.)
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(605 ILCS 5/5-604.1) (from Ch. 121, par. 5-604.1)
Sec. 5-604.1.
In any county not under township organization, the
county board may levy by ordinance, for a period not exceeding 5 years,
an annual tax at a rate not to exceed .05% of the value, as equalized or
assessed by the Department of Revenue, of all taxable property in the
county for the purpose of constructing or maintaining gravel, rock, macadam
or other hard roads, or for improving, maintaining or repairing earth roads
by draining, grading, oil treating or dragging. A notice of the passage of
the ordinance, stating that the ordinance was passed and stating (a) the
particular county highway or highways to be constructed, improved, repaired
or maintained, (b) the annual tax rate specified in the ordinance, (c) the
number of years specified in the ordinance for the levy of the tax, (d) the
specific number of voters required to sign a petition requesting that the
question of the adoption of the ordinance be submitted to the electors of
the county, (e) the time in which the petition must be filed, and (f) the
date of the prospective referendum, shall be published once in a paper
having a general circulation in the county. The county clerk shall provide
a petition form to any individual requesting one.
The ordinance takes effect 30 days after publication of that notice
unless within that time a petition, signed by the
registered voters of the county equal to 10% or more of the registered
voters in the county, is filed with the county clerk requesting the
submission to a referendum of the question of whether to levy the tax
provided for by this Section. If no such petition is filed within that
time, or if all such petitions filed within that time are determined to be
invalid or insufficient, the county clerk shall extend the tax levied by
the county board for the number of years stated in the ordinance and the
proceeds of that tax shall be used for the purpose or purposes stated in
the ordinance.
If, however, such a petition is filed within that time, the county
clerk shall submit at the next general election for county officers, or
at a regular election, the question of whether the tax provided for in this
Section should be levied. The county clerk shall give notice of the
referendum and shall submit the question in accordance with the general
election law. Both the petition and the notice of election must designate
(1) the particular county highway or highways to be constructed, improved,
repaired or maintained, (2) the maximum annual rate per cent not exceeding
.05% of the value, as equalized or assessed by the Department of Revenue,
at which the tax may be extended, and (3) the number of years, not
exceeding 5 years, during which the tax may be levied.
The proposition shall be in substantially the following form:
Shall a special tax YESfor highway purposes be levied in.... County? NO
If a majority of all ballots cast on that question is in favor of the
tax levy, the county board shall levy and the county clerk shall extend
the tax for the number of years stated in the petition and the proceeds
of that tax shall be used for the purpose or purposes stated in the
petition.
(Source: P.A. 87-767.)
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(605 ILCS 5/5-605) (from Ch. 121, par. 5-605)
Sec. 5-605.
The county board of any county may in any manner provided
by law for issuing county bonds, issue bonds of the county for the
purpose of constructing county highways: Provided, that the question of
issuing such county bonds shall first be submitted to the legal voters
of such county at any election. The
county board shall adopt a resolution to submit such question
to a vote, specifying therein the particular highways to be
constructed, the type of construction to be made on each section of such
highways, the proposed widths of the paved and graded travel way,
together with an estimate of the cost of such construction. Such bonds
shall be issued to mature in not less than 10 nor more than 20 annual
series, the last series to mature not more than 20 years from date of
issue. If the question of an issue of such bonds is submitted to the
people, notice of the referendum shall be given and the
referendum shall be held in the manner provided by the general
election laws of the State, and the proposition
shall be in substantially
the following form:
Shall county bonds for YEShighways be issued to the amount of $....? NO
If a majority of the voters voting on such question vote in favor of
the proposition the county board shall at once issue the bonds and take
the necessary steps to construct the county highways provided for. This
section shall not be construed to repeal any other law on the subject of
issuing county bonds, except insofar as such other law is in direct
conflict herewith.
If it shall be deemed necessary to submit to a vote of the people at
the same election the
question of issuing bonds and the raising of an additional tax, the same
may be included in one proceeding, and in that case the proposition shall be
in substantially the following form:
Shall county bonds for highwaysbe issued to the amount of $.... YESand an additional tax levied for the payment of interest and principal NOof such bonds?
When the question of raising such additional tax to pay the interest
and principal of such bonds has been approved by the legal voters of the
county, the county board may, in its discretion, by appropriate
resolution, when funds from other sources have been allocated and set
aside for the purpose of paying the principal or interest, or both, of
such bonds, abate the further collection of such additional tax or such
portion thereof as shall not be required to meet such bonds or
obligations.
(Source: P.A. 81-1489.)
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(605 ILCS 5/5-605.1) (from Ch. 121, par. 5-605.1)
Sec. 5-605.1.
The county board of any county may by ordinance and without
referendum, issue bonds of the county for the purpose of constructing
bridges under any of Sections 5-501 through 5-503 if the county first
secures the approval of the Department for the bridge construction project
in the manner provided by Section 5-403 for approval of highway
construction projects. Such bonds must mature within 5 years and the
principal and interest on those bonds must be payable, as provided in
Section 5-701.4, from motor fuel tax money allotted to the county.
(Source: Laws 1967, p. 762.)
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(605 ILCS 5/5-605.2) (from Ch. 121, par. 5-605.2)
Sec. 5-605.2.
Bonds for county highways.
Any county with a
population of less than 1,000,000 inhabitants may, by resolution of its
county board, incur indebtedness for the purpose of constructing,
maintaining or improving county
highways, roads or bridges and may, by resolution of its county board,
issue and sell bonds therefor. The bonds shall be issued in such
principal amount, bear such rate or rates of interest, be payable as to
principal or interest on such date or dates not more than 30 years after
their date of issuance, be in such form and denomination, be subject to
redemption at such prices, be executed by such officials, be sold at such
price and in such manner, and have such other terms and provisions as
determined by the county board and set forth in the authorizing resolution
or resolutions. This Section constitutes a complete and cumulative grant
of authority for the issuance of such bonds, and such bonds shall be
payable from such funds as are pledged therefor by the county board,
except that the county board shall have no authority whatsoever to levy a
special property tax for the purpose of paying such bonds and shall not be
subject to any of the provisions of Section 5-1012 of the
Counties Code or
Section 5-605 of this Code with respect to the issuance of such bonds.
(Source: P.A. 85-962; 86-1475.)
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(605 ILCS 5/5-606) (from Ch. 121, par. 5-606)
Sec. 5-606.
Any road district, in a county, may turn over, to a county, money from
the regular road taxes, special taxes voted for road construction, or the
proceeds of bonds heretofore or hereafter issued by such road district for
road construction, to be used in the construction of county highways, by
such county, in accordance with the provisions of Section 5-403 of this
Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-607) (from Ch. 121, par. 5-607)
Sec. 5-607.
Any tax authorized by this Article 5 is in addition to any tax
that a county may levy under the provisions of any other law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 5 Div. 7 heading) DIVISION 7.
USE OF MOTOR FUEL TAX FUNDS
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(605 ILCS 5/5-701) (from Ch. 121, par. 5-701)
Sec. 5-701.
Money allotted from the Motor Fuel Tax Fund to the several
counties as provided in Section 8 of the "Motor Fuel Tax Law", approved
March 25, 1929, as now or hereafter amended, other than money allotted to
counties for the use of road districts, shall be used only for one or more
of the purposes stated in Sections 5-701.1 through 5-701.16, as the several
counties may desire.
(Source: P.A. 85-962.)
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(605 ILCS 5/5-701.1) (from Ch. 121, par. 5-701.1)
Sec. 5-701.1.
Any county board may use any motor fuel tax money allotted to
it for the construction of (1) highways within the county designated as
county highways, or (2) county highways within the corporate limits of any
municipality within such county, or (3) county highways within the
corporate limits of any park district within such county, or (4) any
county highway to be constructed under Section 5-406 of this Code. Such construction
shall be in accordance with the procedure prescribed in Section 5-403 of
this Code.
So far as practicable, priority in the matter of construction with motor
fuel tax funds in any county shall be given county highways which will join
municipalities and communities not upon any State highway, or not upon
federal aid highways which may now or may hereafter be designated, with
such highways; and county highways shall be selected for construction
according to their relative importance from the standpoint of traffic needs
and county-wide service and so as to make available as rapidly as
practicable continuous or connected improved traffic routes, such selection
to be made by the county board with the approval of the Department.
(Source: P.A. 85-1407.)
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(605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2)
Sec. 5-701.2.
Any county board, with the approval of the Department,
may also use motor fuel tax money allotted to it for construction of State
highways within the county.
(Source: P.A. 95-331, eff. 8-21-07.)
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(605 ILCS 5/5-701.3) (from Ch. 121, par. 5-701.3)
Sec. 5-701.3.
Any county board with the approval of the Department may also
use motor fuel tax money allotted to it for the maintenance of any county
highway or any State highway.
(Source: P.A. 85-1407.)
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(605 ILCS 5/5-701.4) (from Ch. 121, par. 5-701.4)
Sec. 5-701.4.
Any county board may also use any motor fuel tax money allotted to it or any part thereof for the purpose of retiring bonds and
paying obligations incurred for the purpose of constructing State or county
highways, the construction of which was under the supervision of and with
the approval of the Department under the provisions of Section 5-403 of
this Code or similar provisions of prior law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-701.5) (from Ch. 121, par. 5-701.5)
Sec. 5-701.5.
Any county board may also use so much of any motor fuel tax money allotted to it as may be necessary for the purpose of paying bonds
(and interest thereon) heretofore or hereafter issued for the purpose of
constructing superhighways pursuant to Division 5-33 of the Counties Code.
No moneys shall be paid from the Motor Fuel Tax Fund to
any county which has issued bonds pursuant to the Counties Code or its
predecessor for any purpose other than to pay the principal of and
interest on such bonds unless all moneys previously received from the Motor
Fuel Tax Fund have been applied as required by Section 5-33002
of the Counties Code.
(Source: P.A. 86-1475.)
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(605 ILCS 5/5-701.6) (from Ch. 121, par. 5-701.6)
Sec. 5-701.6.
Any county board with the approval of the Department may also use motor fuel tax money allotted to it for the purpose of the payment for
investigations requisite to determine the reasonably anticipated need for
any of the work described in Sections 5-701.1 to 5-701.5, inclusive, of
this Code. Such investigations may include, but shall not be limited to,
the making of traffic surveys, the study of transportation facilities,
research concerning the development of the several areas within the county
and contiguous territory as affected by growth and changes in population
and economic activity and the collection and review of data relating to all
factors affecting the judicious planning of construction, reconstruction,
improvement and maintenance of highways. The investigations for which any
such payments are made may also be conducted in cooperation with other
counties, municipalities, the State of Illinois, the United States, other
states of the United States, agencies of any such governments or other
persons in pursuance of agreements to share the costs thereof and authority
to enter into such agreements is hereby conferred upon counties.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-701.7) (from Ch. 121, par. 5-701.7)
Sec. 5-701.7.
(a) Any county board with the approval of the Department may also use
motor fuel tax funds allotted to it to pay the county's share of the
cost of projects on the federal aid urban and the federal aid secondary
highway systems in the county
constructed under the provisions of the Federal Aid Road Act. The county
board is authorized to cooperate with the Department in selecting these
systems of federal aid highways to be improved.
(b) Any county board with the approval of the Department may also use
motor fuel tax funds allotted to it to pay the county's share of any project
constructed under Section 3-104.3 of this Code.
(c) Any county board, with the approval of the Department, may also use
motor fuel
tax funds allotted to it, matching tax funds, or any other funds of the county
for highways
to pay the county's proportionate share of any federally eligible
transportation project on,
adjacent to, or intended to serve county highways in the county.
(Source: P.A. 91-315, eff. 1-1-00.)
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(605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)
Sec. 5-701.8.
Any county board may also turn over a portion of the motor
fuel tax funds allotted to it to: (a) a local Mass Transit District if the
county created such District pursuant to the "Local Mass Transit District
Act", approved July 21, 1959, as now or hereafter amended;
(b) a local Transit Commission if such commission is created pursuant to
Section 14-101 of The Public Utilities Act; or
(c) the Chicago Transit Authority established pursuant to the
"Metropolitan Transit Authority Act", approved April 12, 1945, as now or
hereafter amended.
(Source: P.A. 85-1209.)
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(605 ILCS 5/5-701.9) (from Ch. 121, par. 5-701.9)
Sec. 5-701.9.
Any county board may also use motor fuel tax money allotted
to it for constructing or maintaining, or both, a county garage for the
servicing, maintenance or storage of vehicles or equipment used in the
construction or maintenance of county or state highways. The county board
of any county with a population of 1,000,000 or more may also use motor
fuel tax money for constructing or maintaining auxiliary office space.
(Source: P.A. 76-808.)
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(605 ILCS 5/5-701.10) (from Ch. 121, par. 5-701.10)
Sec. 5-701.10.
Any county board in counties of 1,000,000 or more
inhabitants may also use any motor fuel tax money allotted to it for the
purpose of paying any and all expenditures resulting from activities
conducted by the circuit court located in the county and for the further
purpose of paying any and all expenditures resulting from the activities of
any county department which has a relation to highways located within the
county.
(Source: P.A. 76-414.)
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(605 ILCS 5/5-701.11) (from Ch. 121, par. 5-701.11)
Sec. 5-701.11.
With the approval of the Department of Transportation, any
county board may also use motor fuel tax money allotted to it for the
payment of the principal and interest of bonds issued for the construction,
maintenance or improvement of county highways. Such construction,
maintenance or improvement shall be in accordance with the procedure in
Section 5-403 of this Code.
(Source: P.A. 85-962.)
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(605 ILCS 5/5-701.12) (from Ch. 121, par. 5-701.12)
Sec. 5-701.12.
The county board of any county with a population of 1,000,000 or more
may also use motor fuel tax money allotted to it for construction,
maintaining, or leasing office space for activities of the county highway
department.
(Source: P.A. 76-2256.)
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(605 ILCS 5/5-701.13) (from Ch. 121, par. 5-701.13)
Sec. 5-701.13. Motor fuel tax funds; counties over 500,000. The county
board of any county may also use motor fuel tax
funds allotted to it for placing, erecting, and maintaining signs, or
surface
markings, or both to indicate officially designated bicycle routes along
county
highways. In addition, the county board of a county with a population over
500,000 may also use motor fuel tax funds allotted to
it
for the construction and maintenance of bicycle routes or paths, shared-use paths for nonvehicular public travel, and sidewalks within the county, including along State highways by agreement with the Department.
(Source: P.A. 102-452, eff. 8-20-21.)
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(605 ILCS 5/5-701.14) (from Ch. 121, par. 5-701.14)
Sec. 5-701.14.
Any county board may also use its allotted motor fuel tax funds for the
construction and maintenance of grade separations and approaches thereto
which avoid or replace grade crossings at intersections of county highways
and railroad tracks.
(Source: P.A. 77-1849.)
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(605 ILCS 5/5-701.15) (from Ch. 121, par. 5-701.15)
Sec. 5-701.15.
The formula allocation for counties for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the county board
for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such improved road becomes, by operation of law, a part of the township or district
road system in accordance with Section 6-325 of this Code. The county board
shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation
of such funds allocated under the formula as
provided in Section 8 in the "Motor Fuel Tax Law" which is
attributable to this amendatory Act of 1979 and any subsequent amendatory
Act and subsequently
approved as provided in this Section, may be expended on eligible
nondedicated subdivision roads.
(Source: P.A. 83-957.)
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(605 ILCS 5/5-701.16) (from Ch. 121, par. 5-701.16)
Sec. 5-701.16.
Any county board, in a county of less than 1,000,000
inhabitants may also use any motor fuel tax money allotted to it or
any part thereof for the payment of the principal of and interest on bonds
issued for the purpose of constructing, maintaining or improving county
highways, roads or bridges. Such construction, maintenance or improvement
shall be in accordance with the procedure in Section 5-403 of this Code.
Such county boards are authorized to use motor fuel tax money to pay
principal or interest on such bonds without any prior appropriation and
without regard to any budget law. The State of Illinois pledges and agrees
with the holders of any bonds of a county issued for such purposes that the
State will not limit the use of such money by such county, so long as any
such bonds are outstanding and unpaid. Payment of such motor fuel tax
money to such county shall be subject to appropriation by the General
Assembly. The State shall not be liable on or guarantee bonds of a county
issued for such purposes, and such bonds shall not be State debt. The face
of all such bonds shall contain a statement with respect to the provisions
of this Section.
(Source: P.A. 85-962.)
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(605 ILCS 5/5-701.17) (from Ch. 121, par. 5-701.17)
Sec. 5-701.17.
Construction, maintenance, or improvement of county
unit roads. Any county board in a county with an established county unit
district highway system may, with the approval of the Department, use a
maximum of 30% of the motor fuel tax funds, provided for in Section 8 of
the Motor Fuel Tax Law, allotted to it to pay for the cost of construction,
maintenance, or improvements of roads in the county unit system. The
Department shall not approve use of the funds unless the Department
determines that the county highway system is being maintained in an
acceptable condition and that the use of the motor fuel tax funds would not
jeopardize adequate maintenance of existing county highways.
(Source: P.A. 87-1249.)
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(605 ILCS 5/5-702) (from Ch. 121, par. 5-702)
Sec. 5-702.
Payment of motor fuel tax money to any county for the purposes stated in
Sections 5-701.1 through 5-701.11 shall be made by the Department of
Transportation as soon as may be after the allotment is made.
However, if any county, after having been given reasonable notice by the
Department, fails to expend motor fuel tax funds in a manner satisfactory
to the Department or fails to have construction contracts approved by the
Department or fails to maintain in a manner satisfactory to the Department
highways heretofore or hereafter constructed with motor fuel tax funds, no
further payment of motor fuel tax funds shall be made to such county for
construction or maintenance purposes until it corrects its unsatisfactory
use of motor fuel tax funds or secures approval of its construction
contracts by the Department or maintains such highways or provides for such
maintenance in a manner satisfactory to the Department.
Records of all expenditures of motor fuel tax money made by the county
shall be kept in accordance with the system of auditing and accounting
prescribed by the Department under Section 4-101.9 of this Code.
(Source: P.A. 77-173.)
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(605 ILCS 5/Art. 5 Div. 8 heading) DIVISION 8.
PROPERTY ACQUISITION
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(605 ILCS 5/5-801) (from Ch. 121, par. 5-801)
Sec. 5-801.
Any county, in its name, may acquire the fee simple title, or
such lesser interest as may be desired, to any lands, rights or other
property necessary for the construction, maintenance or operation of any
county highway, township road, district road, shared-use path for nonvehicular public travel, sidewalk, or bike path within the county or
necessary for the locating, relocating, widening, altering, extending or
straightening thereof, by purchase or gift or, if the compensation or
damages cannot be agreed upon, by the exercise of the right of eminent
domain under the eminent domain laws of this State. The county shall not be
required to furnish bond in any eminent domain proceeding.
When, in the judgment of the county, it is more practical and economical
to acquire the fee title to inaccessible remnants of tracts of land from
which rights-of-way are being acquired than to pay for damages to property
not taken, the county may do so by purchase but not by eminent domain
proceedings.
When acquiring land for a highway on a new location, and when a parcel
of land one acre or less in area contains a single family residence, which
is in conformance with existing zoning ordinances, and only a part of said
parcel is required for county highway purposes causing the remainder of the
parcel not to conform with the existing zoning ordinances, or when the
location of the right of way line of the proposed highway reduces the
distance from an existing single family residence to the right of way line
to ten feet or less, the acquiring agency shall, if the owner so demands,
take the whole parcel by negotiation or condemnation. The part not needed
for highway purposes may be rented, sold or exchanged by the acquiring
agency.
(Source: P.A. 102-452, eff. 8-20-21.)
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(605 ILCS 5/5-802) (from Ch. 121, par. 5-802)
Sec. 5-802.
When the county deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, or deems it necessary to acquire materials for the
construction, maintenance or operation of any such highway, it may acquire
the necessary property, or such interest or right therein as may be
required, by gift or purchase or, if the compensation or damages cannot be
agreed upon, by the exercise of the right of eminent domain under the
eminent domain laws of this State. The county shall not be required to
furnish bond in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/5-803) (from Ch. 121, par. 5-803)
Sec. 5-803.
For the purpose of making surveys and the determination of the
amount of property necessary to be taken or damaged in connection with any
highway project, the county through its officers, agents or employees,
after notice to the owner, may enter upon the lands or waters of any person
or corporation, but subject to responsibility for all damages that may be
occasioned thereby.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 5 Div. 9 heading) DIVISION 9.
ROAD IMPROVEMENT IMPACT FEES
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(605 ILCS 5/5-901) (from Ch. 121, par. 5-901)
Sec. 5-901.
Short title.
This Division may be cited as the Road
Improvement Impact Fee Law.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-902) (from Ch. 121, par. 5-902)
Sec. 5-902.
General purposes.
The General Assembly finds that the
purpose of this legislation is to create the authority for units of
local government to adopt and implement road improvement impact fee
ordinances and resolutions.
The General Assembly further recognizes that the imposition of such road
improvement impact fees is designed to supplement other funding sources so
that the burden of paying for road improvements can be allocated
in a fair and equitable manner. It is the intent of the General Assembly
to promote orderly economic growth throughout the State by assuring that
new development bears its fair share of the cost of meeting the demand for
road improvements through the imposition of road improvement impact fees.
It is also the intent of the General Assembly to preserve the authority of
elected local government officials to adopt and implement road improvement
impact fee ordinances or resolutions which adhere to the minimum standards
and procedures adopted in this Division by the State.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-903) (from Ch. 121, par. 5-903)
Sec. 5-903.
Definitions.
As used in this Division:
"Units of local government" mean counties with a population over
400,000 and all home rule municipalities.
"Road improvement impact fee" means any charge or fee levied or imposed
by a unit of local government as a condition to the issuance of a building
permit or a certificate of occupancy in connection with a new development,
when any portion of the revenues collected is intended to be used to fund
any portion of the costs of road improvements.
"Road improvements" mean the improvement, expansion, enlargement or
construction of roads, streets, or highways under the jurisdiction of units
of local government, including but not limited to bridges, rights-of-way, and
traffic control improvements owned and operated by such units of local
government. Road improvements may also include the improvement, expansion,
enlargement or construction of roads, ramps, streets or highways under the
jurisdiction of the State of Illinois, provided an agreement providing for
the construction and financing of such road improvements has been reached
between the State and the unit of local government and incorporated into
the comprehensive road improvement plan. Road improvements shall not
include tollways but may include tollway ramps.
"New development" means any residential, commercial, industrial or other
project which is being newly constructed, reconstructed, redeveloped,
structurally altered, relocated, or enlarged, and which generates
additional traffic within the service area or areas of the unit of local
government. "New development" shall not include any new development for
which site specific development approval has been given by a unit of local
government within 18 months before the first date of publication by the unit
of local government of a notice of public hearing to consider the land use
assumptions relating to the development of a comprehensive road improvement
plan and imposition of impact fees; provided, however, that a building permit for such new
development is issued within 18 months after the date of publication of
such notice.
"Roads, streets or highways" mean any roads, streets or highways which
have been designated by the unit of local government in the comprehensive
road improvement plan together with all necessary appurtenances, including
but not limited to bridges, rights-of-way, tollway ramps, and traffic
control improvements.
"Comprehensive road improvement plan" means a plan prepared by the unit
of local government in consultation with the Advisory Committee.
"Advisory Committee" means the group of members selected from the public
and private sectors to advise in the development and implementation of the
comprehensive road improvement plan, and the periodic update of the plan.
"Person" means any individual, firm, partnership, association, public or
private corporation, organization or business, charitable trust, or unit of
local government.
"Land use assumptions" means a description of the service area or areas and
the roads, streets or highways incorporated therein, including projections
relating to changes in land uses, densities and population growth rates
which affect the level of traffic within the service area or areas over a
20
year period of time.
"Service area" means one or more land areas within the boundaries of the
unit of local government which has been designated by the unit of local
government in the comprehensive road improvement plan.
"Residential development" means a house, building, or other structure that
is suitable or capable of being used for residential purposes.
"Nonresidential development" means a building or other structure that is
suitable or capable of being used for all purposes other than residential purposes.
"Specifically and uniquely attributable" means that a new development
creates the need, or an identifiable portion of the need, for additional
capacity to be provided by a road improvement. Each new development paying
impact fees used to fund a road improvement must receive a direct and
material benefit from the road improvement constructed with the impact fees
paid. The need for road improvements funded by
impact fees shall be based upon generally accepted traffic engineering
practices as assignable to the new development paying the fees.
"Proportionate share" means the cost of road improvements that are
specifically and uniquely attributable to a new development after the
consideration of the following factors: the amount of additional traffic
generated by the new development, any appropriate credit or offset for
contribution of money, dedication of land, construction of road
improvements or traffic reduction techniques, payments reasonably
anticipated to be made by or as a result of a new development in the form of
user fees, debt service payments, or taxes which are dedicated for road
improvements and all other available sources of funding road improvements.
"Level of service" means one of the categories of road service as defined
by the Institute of Transportation Engineers which shall be selected by a
unit of local government imposing the impact fee as the adopted level of
service to serve existing development not subject to the fee and new
development, provided that the level of service selected for new
development shall not exceed the level of service adopted for existing development.
"Site specific development approval" means an approval of a plan
submitted by a developer to a unit of local government describing with
reasonable certainty the type and intensity of use for a specific parcel or
parcels of property. The plan may be in the form of, but need not be
limited to, any of the following: a preliminary or final planned unit
development plan, subdivision plat, development plan, conditional or
special use permit, or any other form of development use approval, as
utilized by a unit of local government, provided that the development use
approval constitutes a final exercise of discretion by the unit of local government.
"Developer" means any person who undertakes new development.
"Existing deficiencies" mean existing roads, streets, or highways
operating at a level of service below the adopted level of service selected
by the unit of local government, as defined in the comprehensive road improvement plan.
"Assisted financing" means the financing of residential development
by the Illinois Housing Development Authority, including loans to
developers for multi-unit residential development and loans to purchasers
of single family residences, including condominiums and townhomes.
(Source: P.A. 90-356, eff. 8-10-97.)
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(605 ILCS 5/5-904) (from Ch. 121, par. 5-904)
Sec. 5-904.
Authorization for the Imposition of an Impact Fee.
No impact
fee shall be
imposed by a unit of local government within a service area or areas upon a
developer for the purposes of improving, expanding, enlarging or
constructing roads, streets or highways directly affected by the traffic
demands generated from the new development unless imposed pursuant to the
provisions of this Division. An impact fee payable by a developer shall
not exceed a proportionate share of costs incurred by a unit of local
government which are specifically and uniquely attributable to the new
development paying the fee in providing road improvements, but may be used
to cover costs associated with the surveying of the service area, with the
acquisition of land and rights-of-way, with engineering and planning costs,
and with all other costs which are directly related to the improvement,
expansion, enlargement or construction of roads, streets or highways within
the service area or areas as designated in the comprehensive road
improvement plan. An impact fee shall not be imposed to cover costs
associated with the repair, reconstruction, operation or maintenance of
existing roads, streets or
highways, nor shall an impact fee be used to cure existing deficiencies or
to upgrade, update,
expand or replace existing roads in order to meet stricter safety or
environmental requirements; provided, however, that such fees may be used
in conjunction with other funds available to the unit of local government
for the purpose of curing existing deficiencies, but in no event shall the
amount of impact fees expended exceed the development's proportionate share of
the cost
of such road improvements. Nothing contained in this Section shall
preclude a unit of local government from providing credits to the developer
for services, conveyances, improvements or cash if provided by agreement even
if the credits are for improvements not included in the comprehensive road
improvement plan, provided the improvements are otherwise eligible for
inclusion in the comprehensive road improvement plan.
(Source: P.A. 88-470.)
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(605 ILCS 5/5-905) (from Ch. 121, par. 5-905)
Sec. 5-905.
Procedure for the Imposition of Impact Fees.
(a) Unless
otherwise provided for in this Division, an impact fee shall be imposed by
a unit of local government only upon compliance with the provisions set
forth in this Section.
(b) A unit of local government intending to impose an impact fee shall
adopt an ordinance or resolution establishing a public hearing date to
consider land use assumptions that will be used to develop the
comprehensive road improvement plan. Before the adoption of the ordinance
or resolution establishing a public hearing date, the governing body of the
unit of local government shall appoint an Advisory Committee in accordance
with this Division.
(c) The unit of local government shall provide public notice of the
hearing date to consider land use assumptions in accordance with the
provisions contained in this Section.
(d) The unit of local government shall publish notice of the hearing
date once each week for 3 consecutive weeks, not less than 30 and not
more than 60 days before the scheduled date of the hearing, in a newspaper
of general circulation within the unit of local government. The notice of
public hearing shall not appear in the part of the paper where legal
notices or classified ads appear. The notice shall not be smaller than
one-quarter page of standard size or tabloid-size newspaper.
(e) The notice shall contain all of the following information:
(1) Headline designated as follows: "NOTICE OF PUBLIC | ||
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(2) The date, time and location of the public hearing.
(3) A statement that the purpose of the hearing is to | ||
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(4) A general description of the service area or | ||
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(5) A statement that the unit of local government | ||
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(6) A statement that any member of the public | ||
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(f) In addition to the public notice requirement, the unit of local
government shall send a notice of the intent to hold a public hearing by
certified mail, return receipt requested, to any person who has requested
in writing by certified mail return receipt requested, notification of the
hearing date, at least 30 days before the date of
the adoption of the ordinance or resolution establishing the public hearing date.
(g) A public hearing shall be held for the consideration of the proposed
land use assumptions. Within 30 days after the public hearing has been
held, the Advisory Committee shall make a recommendation to adopt, reject in
whole or in part, or modify the proposed land use assumptions presented
at the hearing by written report to the unit of local government.
Thereafter the unit of local government shall have not less than 30 nor
more than 60 days to approve, disapprove, or modify by ordinance or
resolution the land use assumptions proposed at the public hearing and the
recommendations made by the Advisory Committee. Such ordinance or
resolution shall not be adopted as an emergency measure.
(h) Upon the adoption of an ordinance or resolution approving the land
use assumptions, the unit of local government shall provide for a
comprehensive road improvement plan to be developed by qualified
professionals familiar with generally accepted engineering and planning
practices. The comprehensive road improvement plan shall include
projections of all costs related to the road improvements designated in the
comprehensive road improvement plan.
(i) The unit of local government shall adopt an
ordinance or resolution establishing a date for a public hearing to
consider the comprehensive road improvement plan and the imposition of
impact fees related thereto.
(j) A public hearing to consider the adoption of the comprehensive road
improvement plan and imposition of impact fees shall be held within the
unit of local government subject to the same notice provisions as those set forth in the
subsection (d). The public hearing shall be conducted by an official
designated by the unit of local government.
(k) Within 30 days after the public hearing has been held, the Advisory
Committee shall make a recommendation to adopt, reject in whole or in part,
or modify the proposed comprehensive road improvement plan and impact fees. The unit of
local government shall have not less than 30 nor more than 60 days to approve,
disapprove, or modify by ordinance or resolution the proposed
comprehensive road improvement plan and impact fees. Such ordinance or resolution shall
not be adopted as an emergency measure.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-906) (from Ch. 121, par. 5-906)
Sec. 5-906.
Impact Fee Ordinance or Resolution Requirements.
(a) An impact fee ordinance or resolution shall satisfy the following 2 requirements:
(1) The construction, improvement, expansion or | ||
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(2) The impact fee imposed must not exceed a | ||
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(b) In determining the proportionate share of the cost of road
improvements to be paid by the developer, the following 8 factors shall be
considered by the unit of local government imposing the impact fee:
(1) The cost of existing roads, streets and highways | ||
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(2) The means by which existing roads, streets and | ||
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(3) The extent to which the new development being | ||
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(4) The extent to which the new development will | ||
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(5) The extent to which the new development should be | ||
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(6) Extraordinary costs, if any, incurred in | ||
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(7) Consideration of the time and price differential | ||
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(8) The availability of other sources of funding road | ||
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(c) An impact fee ordinance or resolution shall provide for the
calculation of an impact fee in accordance with generally accepted
accounting practices. An impact fee shall not be deemed invalid because
payment of the fee may result in a benefit to other owners or developers
within the service area or areas, other than the person paying the fee.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-907) (from Ch. 121, par. 5-907)
Sec. 5-907.
Advisory Committee.
A road improvement impact fee advisory
committee shall be created by the unit of local government intending to
impose impact fees. The Advisory Committee shall consist of
not less than 10 members and not more than 20 members. Not less than 40%
of the members of the committee shall be representatives of the real
estate, development, and building industries and the labor communities and may
not
be employees or officials of the unit of local government.
The members of the Advisory Committee shall be selected as follows:
(1) The representatives of real estate shall be | ||
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(2) The representatives of the development industry | ||
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(3) The representatives of the building industry | ||
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(4) The labor representatives shall be chosen by | ||
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If the unit of local government is a county, at least 30% of the members
serving on the commission must be representatives of the municipalities
within the county. The municipal representatives shall be selected by a
convention of mayors in the county, who shall elect from their membership
municipal representatives to serve on the Advisory Committee. The members
representing the county shall be appointed by the chief executive officer of the county.
If the unit of local government is a municipality, the non-public
representatives shall be appointed by the chief executive officer of the municipality.
If the unit of local government has a planning or zoning commission, the
unit of local government may elect to use its planning or zoning commission
to serve as the Advisory Committee, provided that not less than 40% of the
committee members include representatives of the real estate, development, and
building industries and the labor communities who are not employees or
officials of the unit of local government. A unit of local government may
appoint additional members to serve on the planning or zoning commission
as ad hoc voting members whenever the planning or zoning commission
functions as the Advisory Committee; provided that no less than 40% of the
members include representatives of the real estate, development, and
building industries and the labor communities.
(Source: P.A. 91-245, eff. 12-31-99.)
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(605 ILCS 5/5-908) (from Ch. 121, par. 5-908)
Sec. 5-908.
Duties of the Advisory Committee.
The Advisory Committee
shall serve in an advisory capacity and shall have the following duties:
(1) Advise and assist the unit of local government by | ||
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(2) Make recommendations with respect to the | ||
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(3) Make recommendations to approve, disapprove or | ||
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(4) Report to the unit of local government on all | ||
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(5) Monitor and evaluate the implementation of the | ||
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(6) Report annually to the unit of local government | ||
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(7) Advise the unit of local government of the need | ||
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The unit of local government shall adopt procedural rules to be used by
the Advisory Committee in carrying out the duties imposed by this Division.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-909) (from Ch. 121, par. 5-909)
Sec. 5-909.
Unit of Local Government to Cooperate with the Advisory
Committee. The unit of local government shall make available to the
Advisory Committee all professional reports in relation to the development
and implementation of land use assumptions, the comprehensive road
improvement plan and periodic up-dates to the comprehensive road improvement plan.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-910) (from Ch. 121, par. 5-910)
Sec. 5-910.
Comprehensive Road Improvement Plan.
Each unit of local
government intending to impose an impact fee shall prepare a comprehensive
road improvement plan. The plan shall be prepared by persons qualified in
fields relating to engineering, planning, or transportation. The persons
preparing the plan shall consult with the Advisory Committee. The
comprehensive road improvement plan shall contain all of the following:
(1) A description of all existing roads, streets or | ||
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(2) A commitment by the unit of local government to | ||
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(3) A description of the land use assumptions adopted | ||
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(4) A description of all roads, streets or highways | ||
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(5) Identification of all sources and levels of | ||
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(6) If the proposed road improvements include the | ||
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(7) A schedule setting forth estimated dates for | ||
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Nothing contained in this subsection shall limit the right of a home
rule unit of local government from imposing conditions on a Planned Unit
Development or other zoning relief which may include contributions for road
improvements, which are necessary or appropriate for such developments, but
are not otherwise provided for in the comprehensive road improvement plan.
(Source: P.A. 86-97; 86-1158.)
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(605 ILCS 5/5-911) (from Ch. 121, par. 5-911)
Sec. 5-911.
Assessment of Impact Fees.
Impact fees shall be assessed
by units of local government at the time of final plat approval or when the
building permit is issued when no plat approval is necessary. No impact fee
shall be assessed by a
unit of local government for roads, streets or highways within the service
area or areas of the unit of local government if and to the extent that
another unit of local government has imposed an impact
fee for the same roads, streets or highways.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-912) (from Ch. 121, par. 5-912)
Sec. 5-912.
Payment of Impact Fees.
In order to minimize the effect of impact fees on the person paying the
fees, the following methods of payment shall be used by the unit of local
government in collecting impact fees. Impact fees imposed upon a
residential development, consisting of one single family residence, shall be
payable as a condition to the issuance of the
building permit. Impact fees imposed upon all other types of new development,
including multi-unit residential development, shall be payable as a
condition to the issuance of the certificate of occupancy, provided that
the developer and the unit of local government enter into an agreement
designating that the developer notify the unit of local government that the
building permit or the certificate of occupancy has been issued. For any
development receiving assisted financing, including any development for
which a commitment for assisted financing has been issued and for which
assisted financing is provided within 6 months of the issuance of the
certificate of occupancy, the unit of local government shall provide for
the payment of the impact fees through an installment agreement at a
reasonable rate of interest for a period of 10 years after the impact fee is due. Nothing
contained in this Section shall preclude the payment of the impact fee at
the time when the building permit is issued or at an earlier stage of
development if agreed to by the unit of local government and the person
paying the fees. Nothing contained in this Section shall preclude the unit
of local government from making and entering into agreements providing for
the cooperative collection of impact fees but the collection of impact fees
shall be the sole responsibility of the unit of local government imposing
the impact fee. Such agreements may also
provide for the reimbursement of collection costs from the fees collected.
At the option of the unit of local government, impact fees may be paid
through an installment agreement at a reasonable rate of interest for a
period of up to 10 years after the impact fee is due.
Nothing contained in this section shall be construed to give units of
local government a preference over the rights of any purchaser, mortgagee,
judgment creditor or other lienholder arising prior to the filing in the
office of the recorder of the county or counties in which the property is
located of notification of the existence of any uncollected impact fees.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-913) (from Ch. 121, par. 5-913)
Sec. 5-913.
Impact Fees to be Held in Interest Bearing Accounts.
All
impact fees collected pursuant to this Division shall be deposited into interest
bearing accounts designated solely for such funds for each service area.
All interest earned on such funds shall become a part of the moneys to be
used for the road improvements authorized by this Division. The unit of
local government shall provide that an accounting be made annually for any
account containing impact fee proceeds and interest earned. Such
accounting shall include, but shall not be limited to, the total funds collected,
the source of the funds collected, the total amount of interest accruing on
such funds, and the amount of funds expended on road improvements. Notice of
the results of the accounting shall be published in a newspaper of general
circulation within the unit of local government at least 3 times. A
statement that a copy of the report is available to the public for
inspection at reasonable times shall be contained in the notice. A copy of
the report shall be provided to the Advisory Committee.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-914) (from Ch. 121, par. 5-914)
Sec. 5-914.
Expenditures of Impact Fees.
Impact fees shall only be
expended on those road improvements within the
service area or areas as specified in the comprehensive road improvement
plan, as updated from time to time. Impact fees shall be expended in the
same manner as motor fuel tax money allotted to the unit of local
government solely for road improvement costs.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-915) (from Ch. 121, par. 5-915)
Sec. 5-915.
Comprehensive Road Improvement Plan Amendments and Updates.
The unit of local government imposing an impact fee may amend
the comprehensive road improvement plan no more than once per year, provided
the cumulative amendments do not exceed 10% of the total plan in terms of
estimated
project costs. If a proposed plan amendment will result in the cumulative
amendments to the plan exceeding 10% of the total plan, then the unit of local
government shall follow the procedures set forth in Section 5-905 of this
Division. Regardless of whether the Comprehensive Road Improvement Plan has
been amended, the unit of
local government imposing an impact fee shall update the
comprehensive road improvement plan at least once every 5 years. The 5 year
period shall commence from the date of the original adoption of the
comprehensive road improvement plan. The updating of the comprehensive road
improvement plan shall be made in accordance with the procedures set forth
in Section 5-905 of this Division.
(Source: P.A. 88-470.)
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(605 ILCS 5/5-916) (from Ch. 121, par. 5-916)
Sec. 5-916.
Refund of Impact Fees.
All impact fees collected by a
unit of local government shall be refunded to the person who paid the fee
or to that person's successor in interest whenever the unit of local
government fails to encumber by contract impact fees collected within 5
years of the date on which such impact fees were due to be paid.
Refunds shall be made in accordance with this Section provided that the
person who paid the fee or that person's successor in interest files a
petition with the unit of local government imposing the impact fee, seeking
a refund within one year from the date that such fees were required to be
encumbered by contract.
All refunds made shall bear interest at a rate which is at least 70%
of the Prime Commercial Rate in effect at the time of the imposition of
the impact fee.
(Source: P.A. 86-97; 87-187.)
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(605 ILCS 5/5-917) (from Ch. 121, par. 5-917)
Sec. 5-917.
Appeals Process.
Any person paying an impact fee shall
have the right to contest the land
use assumptions, the development and implementation of the comprehensive
road improvement plan, the imposition of impact fees, the periodic updating
of the road improvement plan, the refund of impact fees and all other
matters relating to impact fees. The initial appeal shall be made to the
legislative body of the unit of local government in accordance with the
procedures adopted in the ordinance or resolution. Any subsequent relief
shall be sought in a de novo proceeding in the appropriate circuit court.
(Source: P.A. 86-97.)
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(605 ILCS 5/5-917.1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-917.1. Repeal of road improvement impact fee by ordinance or resolution. If DuPage County has adopted and implemented a road improvement impact fee by ordinance or resolution and repeals the ordinance or resolution, the collected fees, along with any accrued interest, in the existing impact fee accounts shall be transferred to a transportation account to be used for capacity-related improvements. Valid impact fee refunds shall be processed in accordance with the procedures set forth in the repealed ordinance or resolution.(Source: P.A. 103-868, eff. 1-1-25.) |
(605 ILCS 5/5-918) (from Ch. 121, par. 5-918)
Sec. 5-918.
Transition Clauses.
(a) Conformance of Existing Ordinances. A unit of local government
which currently has in effect an impact fee ordinance or resolution shall
have not more than 12 months from July 26, 1989 to bring its ordinance or
resolution into conformance with the requirements imposed by this Act,
except that a home rule unit of local government with a population over
75,000 and located in a county with a population over 600,000 and less than
2,000,000 shall have not more than 18 months from July 26, 1989, to bring
that ordinance or resolution into conformance.
(b) Exemption of Developments Receiving Site Specific Development Approval.
No development which has received site specific development approval from
a unit of local government within 18 months before the first date of
publication by the unit of local government of a notice of public hearing
to consider land use assumptions relating to the development of a
comprehensive road improvement plan and imposition of impact fees and which
has filed for building permits or certificates of occupancy within 18
months of the date of approval of the site specific development plan shall
be required to pay impact fees for permits or certificates of occupancy
issued within that 18 month period.
This Division shall have no effect on the validity of any existing
agreements entered into between a developer and a unit of local government
pertaining to fees, exactions or donations made by a developer for the
purpose of funding road improvements.
(c) Exception to the Exemption of Developments Receiving Site Specific
Development Approval. Nothing in this Section shall require the refund of
impact fees previously collected by units of local government in accordance
with their ordinances or resolutions, if such ordinances or resolutions
were adopted prior to the effective date of this Act and provided that such
impact fees are encumbered as provided in Section 5-916.
(Source: P.A. 86-97; 86-1158.)
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(605 ILCS 5/5-919) (from Ch. 121, par. 5-919)
Sec. 5-919.
Home Rule Preemption.
A home rule unit may not impose
road improvement impact fees in a manner inconsistent with this Division.
This Division is
a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 86-97.)
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(605 ILCS 5/Art. 6 heading) ARTICLE 6.
ADMINISTRATION OF TOWNSHIP AND DISTRICT ROADS
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(605 ILCS 5/Art. 6 Div. 1 heading) DIVISION 1.
DISTRICT ORGANIZATION AND POWERS
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(605 ILCS 5/6-101) (from Ch. 121, par. 6-101)
Sec. 6-101.
Roads which are part of the township and district road system
are under the jurisdiction of the several road districts in which they are
located, subject to such supervision by the county and the Department as is
provided in this Code. A road district comprises either a township,
township district, road district or county unit road district in existence
immediately prior to the effective date of this Code or any area created a
road district under the provisions of this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-102) (from Ch. 121, par. 6-102)
Sec. 6-102.
Each township of the several counties under township
organization, for the purposes of this Code, shall be considered and is
called a road district for all purposes relating to the construction,
repair, maintenance, financing and supervision of township roads unless
under prior law it has been or pursuant to this Code is consolidated into a
consolidated township road district or into a county unit road district.
Consolidated township districts and county unit road districts in
existence under the provisions of law immediately prior to the effective
date of this Code shall continue in existence as road districts under this
Code until changed in the manner provided by this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-103) (from Ch. 121, par. 6-103)
Sec. 6-103.
In counties not under township organization the road districts
in existence under the provisions of law immediately prior to the effective
date of this Code shall be continued in existence until the same shall be
altered in the manner provided in Sections 6-104, 6-105, or 6-111 of
this Code or as otherwise provided by law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-104) (from Ch. 121, par. 6-104)
Sec. 6-104.
Whenever the territory of any municipality is a part of a road district in a county
not under township organization, and shall by resolution of its council or
its president and board of trustees request the county board to organize it
into a separate road district and designate the name thereof, the county
board shall comply with such request, and provide for such organization of
such municipality into a new road district under the name designated in
such resolution of such city council, or president and board of trustees,
if any be designated therein.
Whenever a road district shall have been or shall hereafter be organized
as provided in this Section and any of the territory of such municipality
shall be disconnected from such municipality, the county board, upon
receipt of a certified copy of the resolution or ordinance of the
municipality disconnecting such territory, by resolution, shall disconnect
such territory from such road district and annex it to an adjacent road
district or districts. Whenever such municipality, at any one time shall
have annexed or shall hereafter annex any territory, the county board, by
resolution, shall disconnect such territory from the road district or
districts in which it may be situated and annex the same to the road
district in which such municipality is situated.
All the powers vested in a road district organized out of the territory
embraced within any municipality, including all the powers vested by law in
the highway commissioner of a road district, shall be vested in and
exercised by the city council, or president and board of trustees of such
municipality, including the power to levy a tax for the proper
construction, maintenance and repair of roads in such district as provided
in Section 6--501 of this Code. Any such tax whether heretofore or
hereafter levied shall be in addition to all other taxes levied in such
municipality and in addition to the taxes for general purposes authorized
in Section 8-3-1 of the Illinois Municipal Code, as heretofore and
hereafter amended.
All of the powers vested by law in the district clerk of a road district
shall be vested in and exercised by the city, town or village clerk of such
municipality.
After a road district has been organized out of the territory embraced
within a municipality, the offices and election of highway commissioner and
district clerk shall be discontinued.
(Source: P.A. 97-908, eff. 8-7-12.)
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(605 ILCS 5/6-105) (from Ch. 121, par. 6-105)
Sec. 6-105.
The county board in counties not under township organization
shall have full and complete power and jurisdiction to alter the boundaries
of road districts, create new road districts and to consolidate road districts
in their respective counties to suit the convenience of the inhabitants
residing therein, but no such change shall be made or new road district
created under the provisions of this Code unless at least 20 of the legal
voters of such road district petition for such alteration or creation of
a new road district or 20 legal voters from each of the districts to be
consolidated petition for such consolidation; nor shall such alteration
or creation of a new road district or consolidation be made by such county
board without notice thereof having been given by posting up notices in
not less than 5 of the most public places in each of the several road districts
interested in such proposed alteration or creation of a new road district
or for the consolidation of road districts. Provided, however, that where
a city council or board of trustees of a municipality has, by resolution
as above provided in Section 6-104, requested that the county board organize
the territory embraced within such municipality into a road district or
where the territory embraced in a municipality has been heretofore or may
hereafter be organized into a road district and territory is disconnected
from or added to such road district as provided in Section 6-104, a petition
signed by the legal voters of such road district shall not be required and
no notice of such proposed alteration or creation need be given but changes
in boundaries shall be made by the county board as provided in Section 6-104.
When a new road district is created or a new district is created by consolidation
as provided in this Section, such new districts from creation or the time
of consolidation become districts for the purpose of nominating and electing
officers at the next regular election held for election
of road district officers, and after said election and election of officers,
become districts for all purposes. Until such election and the qualification
of the officers elected, the officers of the districts consolidated into
one district shall hold office, and perform their respective duties as to
each district. When a new district is created, not being a consolidated
district, the officers of the district or districts, from parts of which
the new district is formed, shall perform their respective duties as to
the territory in the new district, taken from their district, until the
next regular election for officers of road districts and
the election and qualification of officers for the new district.
(Source: P.A. 81-1490.)
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(605 ILCS 5/6-106) (from Ch. 121, par. 6-106)
Sec. 6-106.
The corporate name of each road district in counties not under
township organization shall be "Road District No. .... of .... County" and
all actions by or against such district shall be in its corporate name.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-107) (from Ch. 121, par. 6-107)
Sec. 6-107.
Road districts have
corporate capacity to exercise the powers granted thereto, or necessarily
implied and no others. They have power: (1) to sue and be sued, (2) to
acquire by purchase, gift or legacy, and to hold property, both real and
personal, for the use of its inhabitants, and again to sell and convey the
same, (3) to make all such contracts as may be necessary in the exercise of
the powers of the district. A road district shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the township and district road system, in an adjacent road district, is jointly performed with another road district through the sharing of road equipment pursuant to an intergovernmental agreement, or provided as necessary relief services following the occurrence of a disaster as defined by the Illinois Emergency Management Agency Act. As used in this Section, "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.
(Source: P.A. 103-373, eff. 1-1-24.)
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(605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1)
Sec. 6-107.1. Road districts may borrow money from any bank or other
financial institution or, in a township road district and with the approval
of the town board of trustees, from the town fund, provided such money
shall be repaid within 10 years from the time the money is
borrowed.
"Financial institution" means any bank subject to the Illinois Banking Act,
any savings and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or savings and
loan association organized and operated in this State pursuant to the laws
of the United States.
(Source: P.A. 93-743, eff. 7-15-04.)
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(605 ILCS 5/6-108) (from Ch. 121, par. 6-108)
Sec. 6-108.
Any two or more townships in any county under township
organization may be consolidated into a consolidated township road
district for all purposes relating to the construction, repair,
maintenance and supervision of roads in the manner hereinafter provided.
A petition shall be filed with the circuit court for the county,
signed by at least 50 or 5% of the legal voters, whichever is fewer, of
each of the townships involved, requesting the court to order a referendum
in such townships, naming them, for the purpose of voting for or against
the proposition to consolidate such townships into a single road district for
all road purposes.
Upon the filing of such petition, the court shall consider the petition
and enter appropriate orders in accordance with the general election law.
If the court orders a referendum on such proposition
to be held, it shall be held at a regular election in such
townships. Such referendum shall be conducted and notice given in accordance
with the general election law of the State.
(Source: P.A. 81-1489.)
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(605 ILCS 5/6-109) (from Ch. 121, par. 6-109)
Sec. 6-109.
The proposition shall be in substantially the following form:
Shall.... Township and....Township of.... County, Illinois, YESbe consolidated into a consolidated township road district for road NOpurposes?
The votes upon
such proposition in each township involved shall be separately counted
and tabulated. Such proposition shall not be deemed to have been
approved unless a majority of the votes cast thereon in each township
involved shall be in favor thereof. If a majority of the votes cast upon
the proposition in each township involved shall be in
favor of the consolidation of such townships for road purposes then such
townships shall be consolidated into a consolidated township road
district for road purposes, effective on the date of the next regularly
scheduled election of road district officers
following the referendum. The
court shall file a certificate of the results of any referendum
in which
the consolidation of townships is so approved with the county clerk of
the county.
(Source: P.A. 81-1489.)
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(605 ILCS 5/6-110) (from Ch. 121, par. 6-110)
Sec. 6-110.
For all purposes relating to the construction, repair,
maintenance and supervision of roads in all counties, other than counties
in which a county unit road district has been established, the several
types of road districts provided for in this Code shall, as near as may be,
and subject to the provisions of this Code, be regarded as analogous in
corporate authority and the powers and duties of the highway officers
thereof shall be similar in extent and effect.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-111) (from Ch. 121, par. 6-111)
Sec. 6-111.
The territory within any county having less than 500,000
inhabitants may be organized into a county unit road district for all
purposes relating to the construction, repair, maintenance and
supervision of district roads in the county in the manner hereinafter
provided. A petition signed by not less than 5% of the legal voters or
50 legal voters, whichever is fewer, in each of at least a majority of
the townships in a county under township organization or road districts
in a county not under township organization shall be filed with the
county clerk of the county requesting the county clerk to submit
to referendum in such county to establish a county
unit road district in such county for all
district road purposes. The petition shall request that such proposition be
submitted at the general election in the next succeeding November of an
even-numbered year.
Upon the filing of such petition, the county clerk shall
submit such proposition at the general election in the
next succeeding November of an even-numbered year in accordance with the
general election law. Notice of the
referendum shall be given, and the election shall be held in the manner
provided by the general
election laws of the State. The proposition
shall be in substantially the following form:
Shall a county unit road YESdistrict in.... County, Illinois be established? NO
Whenever in a county under township organization a majority of the
voters voting on such proposition in at least a majority of the townships
in such county and a majority of the voters voting on such proposition in
the entire county vote in favor of the proposition, and whenever in a
county not under township organization a majority of the voters voting
on such proposition in the entire county vote in favor of the proposition,
a county unit road district shall be established in such county for all
purposes relating to the construction, repair, maintenance and
supervision of district roads in such county which theretofore had been
under the jurisdiction of a highway commissioner, effective at the time
provided in Section 6-125 of this Act.
Any county unit road district established under this Section shall be
an independent county agency and any taxes levied for the county unit
road district under Section 6-512 of this Act shall be levied and
collected as other county taxes, but the county unit road district taxes
shall not be included in any constitutional or statutory tax limitation
for county purposes, but shall be in addition thereto and in excess
thereof.
(Source: P.A. 81-1489.)
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(605 ILCS 5/6-112) (from Ch. 121, par. 6-112)
Sec. 6-112.
In each road district, except in a county unit road district
and except in municipalities that have been created a road district, there
shall be elected a highway commissioner in the manner provided in this
Code.
The highway commissioner of each road district comprised of a single
township is an officer of that township.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-113) (from Ch. 121, par. 6-113)
Sec. 6-113.
In each road district comprised of a single township, the
township clerk shall be ex-officio the clerk for the highway commissioner.
In each consolidated township road district the road district clerk
shall be selected by the highway board of auditors of such district from
its membership.
In each other road district there shall be elected a road district clerk
except as is provided in this Code for county unit road districts and for
municipalities that have been created a road district.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-114) (from Ch. 121, par. 6-114)
Sec. 6-114.
In each road district comprised of a single township, the
supervisor of such township shall be ex-officio treasurer for the road
district. In each consolidated township road district the treasurer shall
be selected by the highway board of auditors of such district from its
membership. In each other road district the district clerk shall be
ex-officio treasurer for the road district, except as is provided in this
Code for county unit road districts and for municipalities that are created
a road district.
Each such treasurer before becoming entitled to act as treasurer and
within 10 days after his election or selection, shall execute a bond in
double the amount of moneys likely to come into his hands by virtue of such
office, if individuals act as sureties on such bond, or in the amount only
of such moneys if a surety company authorized to do business in this State
acts as surety on such bond, conditioned that he will faithfully discharge
his duties as such treasurer, that he will honestly and faithfully account
for and pay over, upon the proper orders, all moneys coming into his hands
as treasurer, and the balance, if any, to his successor in office. Such
bond shall be payable to the district, and shall be in such sum as the
highway commissioner shall determine. Such bond shall be approved by the
highway commissioner and shall be filed in the office of the county clerk
with such approval endorsed thereon. The highway commissioner shall have
the power to require the giving of additional bond, to increase or decrease
the amount of such bond, or require the giving of a new bond whenever in
his opinion such action is desirable. The highway commissioner shall have
power to bring suit upon such bond for any loss or damage accruing to the
district by reason of any non-performance of duty, or defalcation on the
part of the treasurer.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-114.5) Sec. 6-114.5. Attestation to funds endorsed by the treasurer. If a road district treasurer issues a payout from the road district's treasury or the township treasury, the road district clerk shall attest to all moneys paid out.
(Source: P.A. 100-983, eff. 1-1-19.) |
(605 ILCS 5/6-115) (from Ch. 121, par. 6-115) (Text of Section before amendment by P.A. 103-992) Sec. 6-115. (a) Except as provided in Section 10-20 of the Township Code or subsections (b) and (c), no
person shall be eligible to the office of highway
commissioner or clerk unless he shall be a legal voter and has been one year a
resident of the district. In road districts that elect a clerk, the same
limitation shall apply to the district clerk. (b) A board of trustees in a county organized under Division 2-1 of the Counties Code may (i) appoint a non-resident or a resident that has not resided in the district for one year to be a highway commissioner, or (ii) contract with a neighboring township to provide highway commissioner or clerk services if: (1) the district is within a township with no | ||
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(2) the township has a population of less than 1,000; | ||
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(3) no qualified candidate who has resided in the | ||
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(c) A board of trustees in a county organized under Division 2-4 of the Counties Code may (i) appoint a non-resident or a resident who has not resided in the district for one year to be a highway commissioner, or (ii) contract with a neighboring township to provide highway commissioner or clerk services if no qualified candidate who has resided in the road district for at least one year is willing to serve as highway commissioner or clerk. (Source: P.A. 102-558, eff. 8-20-21; 103-138, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-992) Sec. 6-115. (a) Except as provided in Section 10-20 of the Township Code or subsections (b) and (c), no person shall be eligible to the office of highway commissioner or clerk unless he shall be a legal voter and has been one year a resident of the district. In road districts that elect a clerk, the same limitation shall apply to the district clerk. (b) A board of trustees in a county organized under Division 2-1 of the Counties Code may (i) elect or appoint a non-resident or a resident that has not resided in the district for one year to be a highway commissioner or clerk, or (ii) contract with a neighboring township or road district to provide highway commissioner or clerk services if: (1) the district is within a township with no | ||
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(2) the township has a population of less than 1,000; | ||
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(3) no qualified candidate who has resided in the | ||
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(c) A county organized under Division 2-4 of the Counties Code with a road district may (i) elect or appoint a non-resident or a resident who has not resided in the district for one year to be a highway commissioner or clerk, or (ii) contract with a neighboring township or road district to provide highway commissioner or clerk services if no qualified candidate is willing to serve as highway commissioner or clerk. (Source: P.A. 102-558, eff. 8-20-21; 103-138, eff. 1-1-24; 103-992, eff. 1-1-25.) |
(605 ILCS 5/6-116) (from Ch. 121, par. 6-116)
Sec. 6-116. Except as otherwise provided in this Section with respect
to highway commissioners of township and consolidated township road districts,
at the election provided by the general election law in 1985 and every 4
years thereafter in all counties, other than counties in which a county
unit road district has been established and other than in Cook County, the
highway commissioner of each road district and the district clerk of each
road district having an elected clerk, shall be elected to hold office for
a term of 4 years, and until his successor is elected and qualified. The
highway commissioner of each road district and the district clerk of each
road district elected in 1979 shall hold office for an additional 2 years
and until his successor is elected and has qualified.
In each township and consolidated township road district outside Cook County,
highway commissioners shall be elected at the election provided for such commissioners
by the general election law in 1981 and
every 4 years thereafter to hold office for a term of 4 years and until
his successor is elected and qualified. The highway commissioner of each
road district in Cook County shall be elected at the election provided for
said commissioner by the general election law in 1981 and every 4 years
thereafter for a term of 4 years, and until his successor is elected and qualified.
Each highway commissioner
shall enter upon the duties of his office on the third Monday in May
after his election.
In road districts comprised of a single township, the highway commissioner
shall be elected at the election provided for said commissioner by the general
election law. All elections as are provided in this Section shall be conducted
in accordance with the general election law.
(Source: P.A. 94-273, eff. 1-1-06; 94-645, eff. 8-22-05.)
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(605 ILCS 5/6-117) (from Ch. 121, par. 6-117)
Sec. 6-117.
In all counties not under township organization the election
shall be held at the election provided by the general election law for road
district clerks and highway
commissioners. Said election shall be held in accordance with the general
election law.
A statement of the results of the election
shall be entered at large by the district clerk in the minutes of the proceedings,
to be kept by him as required by this Code, which shall be publicly read
by him to the electors present, and such reading shall be deemed notice
of the result of the election.
In case 2 or more persons shall have an equal number of votes for the same
office, the question of which shall be entitled to the office shall be decided
by lot, under direction of the district clerk, but he shall give each party
at least 5 days notice of the time and place of drawing lots.
The district clerk, within 10 days after receiving the results of the
election from the appropriate election authorities as hereinbefore provided
in this section, shall transmit to each
person elected to any district office, a notice of his election.
(Source: P.A. 81-1490.)
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(605 ILCS 5/6-118) (from Ch. 121, par. 6-118)
Sec. 6-118.
Every person elected or appointed to the office of highway
commissioner, and to consolidated township road district clerk in counties
under township organization and to district clerk in counties not under
township organization, before he enters upon the duties of his office, and
within 10 days after he is notified of his election or appointment, shall
take and subscribe, before some judicial officer of the circuit court or
district or town clerk, the oath or affirmation of office prescribed by the
Constitution, which oath or affirmation shall, within 5 days thereafter, be
filed with the district or town clerk.
In counties under township organization no additional oath shall be
required of the town clerk to enable him to enter upon the discharge of the
duties of his office as ex-officio clerk for the highway commissioner.
If any person elected or appointed to either of the offices above named
neglects to take and subscribe such oath, and cause the same to be filed as
above required, such neglect shall be deemed a refusal to serve.
(Source: Laws 1967, p. 4041.)
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(605 ILCS 5/6-119) (from Ch. 121, par. 6-119)
Sec. 6-119.
When the term of any highway commissioner or clerk shall
expire, and other persons shall be elected or appointed to such office, it
shall be the duty of such successor, immediately after he shall have
entered upon the duties of his office, to demand of his predecessor all the
books, papers, moneys and other property belonging to such office.
Whenever either of the officers above named shall resign, or the office
become vacant in any way, and another person shall be elected or appointed
in his stead, the person so elected or appointed shall make such demand of
his predecessor, or of any person having charge of such books, papers,
moneys or other property.
It shall be the duty of every person so going out of office, whenever
thereto required pursuant to the foregoing provisions, to deliver upon
oath, all the records, books, papers, moneys and other property in his
possession or in his control belonging to the office held by him; which
oath may be administered by the officer to whom such delivery shall be
made.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-120) (from Ch. 121, par. 6-120)
Sec. 6-120.
In counties under township organization the provisions of law
applicable to resignations from township offices and the filling of
vacancies therein, and the making of a temporary appointment in case a
township officer is incapacitated, shall apply to highway officers in
townships not consolidated into township road districts in the same manner
as to other township officers.
(Source: Laws 1967, p. 1726.)
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(605 ILCS 5/6-121) (from Ch. 121, par. 6-121)
Sec. 6-121.
In counties not under township organization the following
provisions shall be applicable relating to vacancies in road district
offices:
Whenever any district fails to elect the proper number of district
officers to which such district may be entitled by law, or when any person
elected to any district office fails to qualify, or whenever any vacancy
happens in any district, from death, resignation, removal from the district
or other cause, the presiding officer of the county board, with the advice
and consent of the county board, shall fill such vacancy by certificate
under the signature and seal of the county clerk; and the
persons so appointed
shall hold their respective offices until the next regular election, and
until their successors are elected and qualified; and shall have the same
powers and be subject to the same duties and penalties as if they had been
duly elected by the electors.
When any appointment is made, as above stated, the county clerk shall
cause the certificate of appointment to be forthwith filed in the office of
the district clerk, who shall immediately give notice to each person
appointed.
Any judicial officer of the circuit court residing in such district, or
if there be no judicial officer of the circuit court residing in such
district, then any judicial officer of the circuit court in the county,
may, for sufficient cause shown to him, accept the resignation of any
district officer of his district, and whenever he accepts any such
resignation, he shall forthwith give notice thereof to the district clerk
of the district, or in his absence, to the highway commissioner, who shall
make a minute thereof in the district records. He shall also immediately
give notice to the county clerk of any vacancy that may exist in any
district office.
(Source: P.A. 84-550.)
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(605 ILCS 5/6-122) (from Ch. 121, par. 6-122)
Sec. 6-122.
When the electors in any townships have voted for the consolidation
of such townships into a consolidated township road district for road purposes
the county clerk of such county shall conduct an election for
the selection of a highway commissioner of such township road district.
Such election shall be held at the next regular election for township
offices. Such election shall be held in accordance with
the provisions of the general election law.
The highway commissioner of such consolidated township road district so
elected and his successors in office shall have the powers and perform the
duties of highway commissioners in other road districts.
Any vacancy in such office at any time shall be filled for the balance
of the unexpired term by appointment by a majority of the members of the
highway board of auditors.
(Source: P.A. 81-1490.)
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(605 ILCS 5/6-123) (from Ch. 121, par. 6-123)
Sec. 6-123.
When the electors in any townships have voted for the
consolidation of such townships into a consolidated township road district
for road purposes, the supervisors and township clerks in the respective
townships so consolidated shall, ex-officio, constitute a highway board of
auditors for such township road district. Such highway board of auditors
shall organize and select one of their number as chairman, another as clerk
and another as treasurer of the consolidated township road district. The
officers of each such newly organized consolidated township road district
so elected shall hold office until the first Tuesday in April, 1959 or
until the first Tuesday of each succeeding fourth year thereafter, and
their successors shall hold office for a term of 4 years and until their
respective successors are selected and qualified; except that no person
shall be a member of such highway board of auditors or such an officer of
such consolidated township road district after the expiration of his term
as supervisor or township clerk. Vacancies in such consolidated township
road district offices shall be filled by the highway board of auditors.
Such highway board of auditors shall have the same powers and duties with
respect to road matters as have the board of town auditors in townships and
such other powers and duties as may be prescribed by law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-124) (from Ch. 121, par. 6-124)
Sec. 6-124.
Upon the election or selection and qualification of the first
highway commissioner, clerk and treasurer of a consolidated township road
district the highway commissioners of the respective townships so
consolidated shall deliver to such consolidated township district highway
commissioner all property and equipment of their respective districts
taking his receipt therefor and the several township treasurers shall
transfer and deliver to such consolidated township road district treasurer,
all funds of their respective districts which they may hold, taking his
receipt therefor. Any accounts or tax moneys for road purposes thereafter
payable to any township so consolidated shall be paid to the treasurer of
such consolidated township road district. Such consolidated township road
district shall succeed to and assume all obligations and contracts of each
of the townships consolidated into it other than bonded indebtedness.
With respect to bonded indebtedness for road purposes of any township so
consolidated the county clerk shall annually extend taxes against all of
the taxable property in such township so long as any of such road bonds are
outstanding, sufficient to pay the maturing principal and interest of such
bonds as the same become due, such tax to be in addition to all other taxes
for road purposes and without limitation as to rate or amount. The proceeds
of such tax when collected shall be used for payment of the principal and
interest on such bonds.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-125) (from Ch. 121, par. 6-125)
Sec. 6-125.
In any county under the commission form of government in which a county
unit road district is established, as of the first Tuesday in April after
the holding of such election, the county superintendent of highways shall
take over and be responsible, subject to the direction of the county board,
for the construction, maintenance and repair of all roads in such county
for which the several highway commissioners had theretofore been
responsible. Such construction, maintenance and repair shall be undertaken
uniformly throughout the county without granting any special consideration
toward any part or parts thereof except for traffic and safety needs.
After the establishment of a county unit road district, the roads for
which the county thereby becomes so responsible shall remain a part of the
district road system as defined by this Code and shall not be considered as
part of the county highway system as defined by this Code. However, any
such district road may thereafter be made a part of the county highway
system in the manner provided by this Code.
As of such date, the offices of highway commissioner, clerk and
treasurer in each road district in such county are abolished, except that
such officers may complete the affairs of their respective offices as
herein provided and as needed for the transition. Upon release by the
county superintendent such road districts shall have no further powers or
duties relating to the construction, repair, maintenance and supervision of
roads.
As of such date, the several highway commissioners shall deliver to the
county superintendent of highways all property and equipment of their
respective districts, taking his receipt therefor. Road district property
used exclusively for road maintenance and related purposes shall also be
delivered to the county superintendent, taking his receipt therefor. The
several district clerks shall deliver the books, records and papers
pertaining to such office to the county clerk, taking his receipt therefor.
The several district treasurers shall transfer and deliver to the county
treasurer all funds of their respective districts which they hold, taking
his receipt therefor. Any accounts or tax moneys thereafter payable to any
road district in such county shall be paid into a special county unit road
district fund which shall be maintained separate and apart from the general
county fund. The county treasurer shall be custodian of the county unit
road district fund and any performance bond executed by the county
treasurer shall be applicable to the moneys in the special fund. Receipts
for these transfers shall be filed with the county clerk.
The county unit road district so established shall succeed to and assume
all obligations and contracts of each of such road districts in such
county, other than bonded indebtedness. With respect to the bonded
indebtedness for road purposes of any former district in a county in which
a county unit road district is so established, the county clerk annually
shall extend taxes against all of the taxable property in the former road
district so long as any of such bonds are outstanding, sufficient to pay
the maturing principal and interest of such bonds as they become due, such
tax to be in addition to all other taxes for road purposes and without
limitation as to rate or amount. The proceeds of such tax, when collected,
shall be used for the payment of the principal and interest on such bonds.
All county unit road districts established under this Act shall be
independent county agencies administered by the respective county
superintendents of highways, under the general supervision of the county
board. The county unit road districts shall maintain separate books showing
receipts and expenditures, and shall issue such financial and other reports
as the county board may from time to time require.
(Source: P.A. 78-543.)
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(605 ILCS 5/6-126) (from Ch. 121, par. 6-126)
Sec. 6-126.
The property and equipment delivered to the county
superintendent of highways in conjunction with the establishment of a
county unit road district shall be appraised and its fair value determined
by the county superintendent of highways and the highway commissioner of
the former district. Disputes as to the value of transferred property shall
be arbitrated by qualified appraisers approved by both the district highway
commissioner and the county superintendent of highways. Such property and
equipment may be retained and used by the county or may be disposed of and
sold, with the funds so derived deposited in the county unit district
account, as the county board may determine. In case a road district has
outstanding road bonds or road improvement bonds, an amount equal to the
appraised or sale value of such property and equipment, less the amount of
any indebtedness of the former district assumed by the county unit road
district, shall be set up to the credit of such road district by the county
treasurer from any funds available therefor and shall be used to pay the
principal and interest on such bonds, to the extent such credit may be
available, and the tax levied for the payment of the principal and interest
upon such road bonds or road improvement bonds shall be abated by the
amount so applied. In case the road district had no such bonds or road
improvement bonds outstanding, an amount equal to the appraised or sale
value of such property and equipment, less the amount of any indebtedness
of the former district assumed by the county unit road district, shall be
used for the maintenance, repair and improvement of roads in the particular
area that was included in such former district, as the funds become
available therefor but without sacrificing normal necessary roadwork in any
other area.
(Source: P.A. 76-174.)
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(605 ILCS 5/6-127) (from Ch. 121, par. 6-127)
Sec. 6-127.
In any county in which a county unit road district is
established, the county unit district roads shall be constructed,
maintained and repaired by the county superintendent of highways, subject
to the direction of the county board; and with the respect to the laying
out, construction, repair and maintenance of such roads, the county
superintendent of highways shall have the powers and perform the duties of
the highway commissioners under the provisions of this Code.
The county unit road district shall be administered as a separate county
agency by the county superintendent of highways, but the presiding officer
of the county board, with the advice and consent of the county board, may
appoint a committee from its membership representative of the territory in
such county and delegate to such committee such authority as the county
board may deem proper. The county superintendent of highways may divide the
territory of the county into maintenance or operational units and may
employ the necessary personnel in each such unit.
(Source: P.A. 78-1128.)
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(605 ILCS 5/6-129) (from Ch. 121, par. 6-129)
Sec. 6-129.
The county superintendent of highways shall prepare a separate
annual budget for the county unit road district and submit the budget to
the county board not later than the date provided by law for publication of
the annual county budget, except the first budget for a county unit road
district shall be submitted within 90 days after the take-over date. The
county board may approve or disapprove of the budget submitted by the
superintendent of highways, but the board shall specify in writing the
reasons for disapproval and shall recommend the necessary changes for the
road district budget. Within 90 days after the close of the county's fiscal
year, the county superintendent of highways shall make and file with the
county clerk a report of the funds available for county unit district roads
and bridges and the expenditures therefrom and a resume of the work done
upon county unit district roads during such year.
(Source: P.A. 76-174.)
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(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
Sec. 6-130. Road district abolishment. Notwithstanding any other provision of this Code to the contrary,
no
township road district may continue in existence if the roads forming a
part of the district do not exceed a total of 4 centerline miles in length as determined by the county engineer or county superintendent of highways. On the
first Tuesday in April of 1975, or of any subsequent year next succeeding
the reduction of a township road system to a total mileage of 4 centerline miles or
less, each such township road district shall, by operation of law, be
abolished. The roads comprising that district at that time shall thereafter
be administered by the township board of trustees by contracting with the
county, a municipality or a private contractor. The township board of trustees
shall assume all taxing authority of a township road district abolished under
this Section.
(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18; 100-863, eff. 8-14-18.)
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(605 ILCS 5/6-131)
Sec. 6-131.
Senior citizen transportation and mass transit programs;
district road fund. A road district may use money in its district road fund to
pay for all or part of the direct costs of senior citizen transportation
programs or
senior citizen mass transit programs, or both.
(Source: P.A. 90-183, eff. 1-1-98.)
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(605 ILCS 5/6-132)
Sec. 6-132. Recycling; tree maintenance. (a) A road district may organize, administer, or participate in one or more recycling programs.
(b) Notwithstanding any provision of law to the contrary, a road district may deliver wood chips, mulch, and other products generated in the act of tree maintenance by the district to the residents of the district on a first come, first serve basis or other method of random selection. The road district shall provide adequate notice to the resident prior to the product being available and prior to the delivery of the product, which shall include the amount of the product being delivered. (Source: P.A. 100-54, eff. 8-11-17.) |
(605 ILCS 5/6-133) Sec. 6-133. Abolishing a road district in Cook County. By resolution, the board of trustees of any township located in Cook County, Illinois, may submit a proposition to abolish the road district of that township to the electors of that township
at a general election or consolidated election in accordance with the general election law. The
ballot shall be in substantially the following form: | |||||||||||||||||||
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In the event that a majority of the electors voting on such proposition are in favor thereof, then
the road district shall be abolished by operation of law effective on January 1 of the calendar
year immediately following the calendar year in which the proposition was approved by the
electors or on the date the term of the highway commissioner in office at the time the proposition was approved by the electors expires, whichever is later. On that date, all the rights, powers, duties, assets, property, liabilities, obligations, and
responsibilities of the road district shall by operation of law vest in and be assumed by the
township. On that date, the township board of trustees shall assume all taxing authority of a road district abolished under this Section. On that date, any highway commissioner of the abolished road district shall cease to
hold office, such term having been terminated. Thereafter, the township shall exercise all duties
and responsibilities of the highway commissioner as provided in the Illinois Highway Code. The
township board of trustees may enter into a contract with the county, a municipality, or a private
contractor to administer the roads under its jurisdiction. For purposes
of distribution of revenue, the township shall assume the powers, duties, and obligations of the
road district.
(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18.) | |||||||||||||||||||
(605 ILCS 5/6-134) Sec. 6-134. Abolishing a road district. (a) By resolution, the board of trustees of any township located in a county with less than 3,000,000 inhabitants may submit a proposition to abolish the road district of that township to the electors of that township at a general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form: | |||||||||||||||||||
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In the event that a majority of the electors voting on such proposition are in favor thereof, then the road district shall be abolished by operation of law effective 90 days after vote certification by the governing election authority or on the date the term of the highway commissioner in office at the time the proposition was approved by the electors expires, whichever is later. On that date, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township. On that date, the township board of trustees shall assume all taxing authority of a road district abolished under this Section. On that date, any highway commissioner of the abolished road district shall cease to hold office, such term having been terminated. Thereafter, the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads under its jurisdiction. The township board of trustees shall assume all taxing authority of a township road district abolished under this subsection. For purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. Distribution of revenue by the township to the treasurer of a municipality under Section 6-507 shall be only paid from moneys levied for road purposes pursuant to Division 5 of Article 6 of this Code.
(b) If a referendum passed under subsection (a) at the November 6, 2018 election and a road district has not been abolished as provided in subsection (a) by August 23, 2019 (the effective date of Public Act 101-519): (1) the township board shall have the sole | |||||||||||||||||||
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(A) creating and approving the budget of the | |||||||||||||||||||
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(B) levying taxes (the township board of trustees | |||||||||||||||||||
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(C) entering into contracts for the road | |||||||||||||||||||
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(D) employing and fixing the compensation of | |||||||||||||||||||
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(E) setting and adopting rules concerning all | |||||||||||||||||||
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(2) the road district or the highway commissioner | |||||||||||||||||||
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(c) If a township has approved a consolidated road district after a referendum under Section 6-109 and the consolidation is not yet effective and if the township subsequently approves a referendum under this Section, then the consolidation under Section 6-109 is void and shall not occur. (Source: P.A. 101-519, eff. 8-23-19; 102-558, eff. 8-20-21.) | |||||||||||||||||||
(605 ILCS 5/6-135) Sec. 6-135. Abolishing a road district with less than 15 miles of roads. (a) Any township in a county with a population less than 3,000,000 may abolish a road district of that township if the roads of the road district are less than 15 miles in length, as determined by the county engineer or county superintendent of highways, by resolution of a majority of the board of trustees to submit a referendum to abolish the road district of that township. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form: | |||||||||||||||||||
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(b) If a majority of the electors voting on the referendum under subsection (a) of this Section are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the referendum or on the date the term of the highway commissioner in office at the time the referendum was approved expires, whichever is later. On the date of abolition: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section; any highway commissioner of the abolished road district shall cease to hold office; the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.
If a township has approved a consolidated road district after a referendum under Section 6-109 and the consolidation is not yet effective and if the township subsequently approves a referendum under this Section, then the consolidation under Section 6-109 is void and shall not occur. (Source: P.A. 100-107, eff. 1-1-18; 101-519, eff. 8-23-19.) | |||||||||||||||||||
(605 ILCS 5/6-140) Sec. 6-140. Abolishing a road district within Lake County or McHenry County with less than 15 miles of roads. Any township in Lake County or McHenry County shall abolish a road district of that township if the roads of the road district are less than 15 centerline miles in length, as determined by the county engineer or county superintendent of highways. A road district is abolished on the expiration of the term of office of the highway commissioner of the road district facing abolition following the determination by the county engineer or county superintendent of highways of the length, in centerline mileage, of the roads within the road district to be abolished. On the date of abolition: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section and shall exercise all duties and responsibilities of the highway commissioner as provided in this Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.
(Source: P.A. 101-230, eff. 8-9-19.) |
(605 ILCS 5/Art. 6 Div. 2 heading) DIVISION 2.
FUNCTIONS AND
COMPENSATION OF DISTRICT OFFICIALS
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(605 ILCS 5/6-201) (from Ch. 121, par. 6-201)
Sec. 6-201.
The highway commissioner of each road district shall
perform the functions stated in the following Sections preceding
Section 6-202.
(Source: P.A. 87-818.)
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(605 ILCS 5/6-201.1) (from Ch. 121, par. 6-201.1)
Sec. 6-201.1.
Be present at the district clerk's office annually on or
before the last Tuesday in December of each year for the purpose of
determining the tax levy to be certified by him to the county board in
counties not under township organization, or by the township board of
trustees or highway board of trustees, as the case may be, to the county
clerk in counties having adopted township organization, as provided in this
Code. He shall also be present at such office at such time or times as he
shall designate and as the duties of his office may require for the
transaction of official business.
(Source: P.A. 87-738; 87-1189.)
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(605 ILCS 5/6-201.2) (from Ch. 121, par. 6-201.2)
Sec. 6-201.2.
Lay out, alter, widen or vacate township or district roads as
provided in this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.3) (from Ch. 121, par. 6-201.3)
Sec. 6-201.3.
Include and incorporate such roads or streets as have been
laid out and dedicated to public use or have been platted and dedicated to
public use into the township or district road system as provided in this
Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.4) (from Ch. 121, par. 6-201.4)
Sec. 6-201.4.
Cause such roads used as public highways, as have been laid
out or dedicated to public use, but not sufficiently described, and such as
have been used for 15 years but not recorded, to be ascertained, described
and entered of record in the office of the district clerk.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.5) (from Ch. 121, par. 6-201.5)
Sec. 6-201.5.
Determine the taxes
necessary to be levied on property within his district for road purposes,
subject to the limitations provided by law.
(Source: P.A. 86-1179.)
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(605 ILCS 5/6-201.6) (from Ch. 121, par. 6-201.6)
Sec. 6-201.6.
Direct the expenditure of all moneys collected in the
district for road purposes, including those purposes allowed under Section
6-201.21 of this Code, and draw warrants on the district treasurer
therefor, provided such warrants are countersigned by the district clerk.
(Source: P.A. 93-109, eff. 7-8-03; 93-610, eff. 11-18-03.)
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(605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
Sec. 6-201.7. Construct, maintain and repair and be responsible for
the construction, maintenance and repair of roads within the district,
let contracts, employ labor and purchase material and machinery
therefor, subject to the limitations provided in this Code.
Contracts,
labor, machinery, disposal, and incidental expenses related to special services
under Section 6-201.21 of this Code constitute maintenance, for purposes of
this Section.
Except for professional services, when the cost of construction,
materials, supplies, new machinery or equipment exceeds $30,000, the
contract for such construction, materials, supplies, machinery or
equipment shall be let to
the lowest responsible bidder after advertising for bids at least once,
and at least 10 days prior to the time set for the opening of such bids, in a
newspaper
published within the township or road district, or, if no newspaper is
published within the township or road district then in one published
within the county, or, if no newspaper is published within the county
then in a newspaper having general circulation within the township or
road district, but, in case of an emergency, such contract may be let
without advertising for bids. For purposes of this
Section "new machinery or equipment" shall be defined as that which has
been previously untitled or that which shows fewer than 200 hours on its
operating clock and that is accompanied by a new equipment manufacturer's
warranty.
(Source: P.A. 103-125, eff. 6-30-23.)
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(605 ILCS 5/6-201.8) (from Ch. 121, par. 6-201.8)
Sec. 6-201.8.
Have general charge of the roads of his district, keep the
same in repair and to improve them so far as practicable and cooperate and
assist in the construction or improvement of such roads with labor
furnished, in whole or in part, by the Department of Human Services (acting
as successor to the State Department of Public Aid under the Department of
Human Services Act) or
other public assistance authorities; except that a highway commissioner may not permanently post at a reduced weight limit any road or portion thereof unless the decision to do so is made in accordance with Section 6-201.22 of this Code.
(Source: P.A. 99-237, eff. 1-1-16.)
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(605 ILCS 5/6-201.9) (from Ch. 121, par. 6-201.9)
Sec. 6-201.9.
Take possession of and keep under shelter, when not in use
all machinery, equipment and other property belonging to the district
wherever the same may be found and not allow the same to go to waste.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.10) (from Ch. 121, par. 6-201.10)
Sec. 6-201.10.
Have authority to make agreements with the highway
commissioner of any other road district or with the corporate authorities
of any municipality located in the same county or in an adjoining county or
with the county board of the county in which such road district is located
or of any adjoining county, for the lease or exchange of idle machinery,
equipment or tools belonging to the district, upon such terms and
conditions as may be mutually agreed upon.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.10-1) (from Ch. 121, par. 6-201.10-1)
Sec. 6-201.10-1. The highway commissioner of each road district has authority
to contract with the highway commissioner of any other road district or
with the corporate authorities of any municipality or county to furnish
or to obtain services and materials related to construction, maintenance,
or repair of roads. The highway commissioner may contract with a common interest community association, as defined by the Common Interest Community Association Act, if such association makes up 50% of the population or greater of the township or road district in which the association is located, to furnish materials related to the maintenance or repair of roads.
(Source: P.A. 103-486, eff. 1-1-24.)
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(605 ILCS 5/6-201.11) (from Ch. 121, par. 6-201.11)
Sec. 6-201.11.
Cause to be erected and kept in repair at intersections of
the most important public roads, guide and direction signs and any other
signs authorized by this Code or by the Illinois Vehicle Code.
In unincorporated territory located within counties with a population of
more than 3,000,000 inhabitants, the homeowners association of a subdivision
with at least 100 permanent dwellings may cause to be erected and kept in
repair guide and direction or street signs at intersections within the
subdivision. These signs shall be at least 7 feet above the curb and may be on
wooden posts with wooden boards. The homeowners association shall be
responsible for maintenance and replacement of the signs. Signs shall be
located so as not to interfere with pedestrian or vehicular traffic.
(Source: P.A. 88-661, eff. 9-16-94.)
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(605 ILCS 5/6-201.12) (from Ch. 121, par. 6-201.12)
Sec. 6-201.12.
Provide for the lighting of any public road or portion
thereof in his district when in his opinion it is necessary for the
convenience or safety of the public.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.13) (from Ch. 121, par. 6-201.13)
Sec. 6-201.13.
Furnish to the county superintendent of highways within 30
days after issuing warrants a list of such warrants showing where money is
spent, for what purpose, and the amount expended.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14)
Sec. 6-201.14.
Have authority to build curbs, sidewalks,
alleys, and bike paths in unincorporated
communities out of any funds belonging to the road
district in which such community is located.
(Source: P.A. 93-321, eff. 7-23-03.)
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(605 ILCS 5/6-201.15) (from Ch. 121, par. 6-201.15)
Sec. 6-201.15.
Annually make a report in writing, showing the following:
(1) The amount of road money received by the district | ||
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(2) The amount of liabilities incurred and not paid | ||
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(3) An inventory of all tools having a present value | ||
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(4) Any additional matter concerning the roads of the | ||
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In counties under township organization, the reports in districts
composed of a single township shall be made to the board of town trustees
within 30 days before the annual town meeting. In consolidated township road
districts in counties under township organization and in road districts in
counties not under township organization, the report shall be made not later
than the last Tuesday in March to the district clerk, who shall file the report
in his or her office and record the report at large in the records of the
district.
(Source: P.A. 87-1208.)
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(605 ILCS 5/6-201.16) (from Ch. 121, par. 6-201.16)
Sec. 6-201.16.
Subject to the written approval of the County Superintendent
of Highways to place, erect, and maintain on township or road district
roads, traffic-control devices and signs authorized by this Code or by
"The Illinois Vehicle Code", approved September 29, 1969, as amended.
(Source: P.A. 83-333.)
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(605 ILCS 5/6-201.17) (from Ch. 121, par. 6-201.17)
Sec. 6-201.17.
Have authority to purchase or lease or to finance the
purchase of highway
construction and maintenance equipment under contracts providing for
payment in installments over a period of time of not more than 10 years
with interest on the unpaid balance owing not to exceed 9%.
The purchases or contracts are subject to the bid provisions of Section
6-201.7 of this Code. In single township road districts, sale of road
district property including, but not limited to, machinery and equipment
shall be subject to elector approval as provided in Section 30-50
of the
Township Code. A trade in of old machinery or equipment on
new or
different machinery or equipment shall not be construed as the sale of road
district property.
(Source: P.A. 88-670, eff. 12-2-94; 89-331, eff. 8-17-95.)
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(605 ILCS 5/6-201.18) (from Ch. 121, par. 6-201.18)
Sec. 6-201.18.
Have authority to contract with persons growing row crops
on land adjacent to township or district roads to buy standing strips of
such crops to remain in place to act as snow breaks along such roads in
those places where experience shows that drifting snow has been an obstruction
to traffic. The contract price to be paid by the highway commissioner in
any such case shall be the higher of the market price in the local
area of such crop at the time of contracting
or the current Commodity Credit Corporation target price. An additional
sum of money equal to 10% of the contract price may be paid to the grower
as an inconvenience fee.
(Source: P.A. 84-1272.)
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(605 ILCS 5/6-201.19) (from Ch. 121, par. 6-201.19)
Sec. 6-201.19.
Have authority to hire legal counsel to perform legal
functions for road districts where performance of such functions by the
public official who would otherwise represent the highway commissioner would
present a direct or potential conflict of interest.
(Source: P.A. 84-778.)
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(605 ILCS 5/6-201.20) (from Ch. 121, par. 6-201.20)
Sec. 6-201.20.
Every highway commissioner with 5 or more employees in a
county under township organization shall set and adopt rules concerning all
benefits available to employees of that office. The rules shall include,
without limitation, the following benefits to the extent they are
applicable: insurance coverage, compensation, overtime pay, compensatory
time off, holidays, vacations, sick leave, and maternity leave. The rules
shall be adopted and filed with the township clerk (i) within 6 months
after the effective date of this amendatory Act of 1991 (in the case of
highway commissioners holding office on that effective date) or (ii) within
4 months after the highway commissioner takes office (in the case of
highway commissioners elected after the effective date of this amendatory
Act of 1991). The highway commissioner of a consolidated township road
district shall file the rules with the clerk of each township contained
within the consolidated district. Amendments to the rules shall be filed
with the appropriate township clerk on or before their effective date.
(Source: P.A. 87-818.)
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(605 ILCS 5/6-201.21)
Sec. 6-201.21. Special services; disaster relief. The highway commissioner has authority to provide
for orderly collection, transport, and disposal of brush and leaves that have been properly
placed for collection along the road district rights-of-way in accordance with
local guidelines. The highway commissioner may use funds authorized under Section 30-117 of the Township Code to provide for the collection, transport, and disposal of brush and leaves. Subject to Section 30-117 of the Township Code, the highway commissioner has authority to
provide necessary relief services following the occurrence of an event that has
been declared a disaster by State or local officials. The highway commissioner
has purchasing authority, subject to Section 6-201.6, and contractual authority
as defined in
Section 6-201.7 of this Code.
(Source: P.A. 97-417, eff. 1-1-12.)
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(605 ILCS 5/6-201.22) Sec. 6-201.22. Road weight restriction; notice and hearing. Whenever the highway commissioner wishes to permanently post a road at a reduced weight limit, he or she shall fix a time and place to examine the route of the township or district road, and hear reasons for or against permanently posting a road at a reduced weight limit. The highway commissioner shall give written notice at least 10 days prior to the time of examination and hearing to the county superintendent of highways. He or she shall also provide notice by publication in at least one newspaper published in the township or district. In the absence of a newspaper published in the township or district, notice by publication shall be provided in at least one newspaper of general circulation in the township or district. In the absence of a generally circulated newspaper in the township or district, notice by publication shall be made by posting notices in 5 of the most public places in the district in the vicinity of the road to be permanently posted at a reduced weight limit. The highway commissioner may, by written notice to the county superintendent of highways, by public announcement, and by posting notice at the time and place named for the first hearing, adjourn a hearing from time to time, but not for a longer period than 10 days. At the hearing, or the adjourned hearing, the commissioner shall decide and publicly announce whether he or she will permanently post a road at a reduced weight limit. The highway commissioner shall issue a signed memorandum explaining the decision to permanently post a road at a reduced weight limit, and address any concerns raised at the public hearing. The signed memorandum shall be filed within 5 days after the hearing in the office of the district clerk. The highway commissioner shall also send a copy of the signed memorandum to the county superintendent of highways. The county superintendent of highways may approve the decision of the highway commissioner by signing the memorandum and filing it in the office of the district clerk. Upon the approval of the decision by the county superintendent of highways and filing of the memorandum with the office of the district clerk, the road may be posted at a reduced weight limit by the highway commissioner.
(Source: P.A. 99-237, eff. 1-1-16.) |
(605 ILCS 5/6-202) (from Ch. 121, par. 6-202)
Sec. 6-202.
The district clerk of each road district shall perform the
functions stated in Sections 6-202.1 to 6-202.6.
(Source: P.A. 83-791.)
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(605 ILCS 5/6-202.1) (from Ch. 121, par. 6-202.1)
Sec. 6-202.1.
Have the custody of all records, books, and papers of the
road district, and he shall duly file all certificates or oaths and other
papers required by law to be filed in his office. He is authorized to
administer oaths and take affidavits in all cases required by law to be
administered by district officers.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-202.2) (from Ch. 121, par. 6-202.2)
Sec. 6-202.2.
Record in the book of records of his district, all orders and
directions of the highway commissioner required by law to be kept, and as
hereinafter provided for. All records and books required by law to be kept
by such clerk shall be deemed public records and shall at all times be open
to inspection without fee or reward. The clerk shall also meet with the
highway commissioner whenever requested at any reasonable time to do so by
the latter official. Copies of all papers duly filed in the office of the
district clerk and transcripts from the district records certified to by
him shall be evidence in all courts in like effect as if the originals were
produced.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-202.3) (from Ch. 121, par. 6-202.3)
Sec. 6-202.3.
Countersign and keep a complete record of all warrants issued
by the highway commissioner.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-202.4) (from Ch. 121, par. 6-202.4)
Sec. 6-202.4.
From time to time as may be necessary, procure the proper
books and stationery for his office and the cost thereof shall be paid out
of the district treasury.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-202.5) (from Ch. 121, par. 6-202.5)
Sec. 6-202.5.
Report to the county superintendent of highways in writing
all road district elections which may directly or indirectly affect the
superintendent of highways; mail or deliver to the superintendent of highways
such petitions as have been carried by any election
relative to all construction or to the appointment, removal or election
of road district officials.
(Source: P.A. 81-1490.)
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(605 ILCS 5/6-202.6) (from Ch. 121, par. 6-202.6)
Sec. 6-202.6.
Be responsible for placing the advertisement of bids and
to be present when bids are opened.
(Source: P.A. 83-791.)
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(605 ILCS 5/6-203) (from Ch. 121, par. 6-203)
Sec. 6-203.
Except as provided in Section 6-301, nothing in this Code
shall be construed as vesting in highway commissioners any power or
jurisdiction over the streets and alleys in municipalities.
(Source: P.A. 86-1229.)
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(605 ILCS 5/6-204) (from Ch. 121, par. 6-204)
Sec. 6-204.
If any highway commissioner wilfully refuses to perform any of
the duties enjoined upon him by this Code, he shall forfeit not less than
$10 nor more than $50, and may be proceeded against in the name of the
district for the recovery of such forfeiture before any court of the proper
county having jurisdiction.
In addition, wilful failure to include in the annual report the
determined or estimated amount of all liabilities incurred and not paid and
to whom owed, as required by Section 6-201.15 of this Act, is a
misdemeanor, on conviction whereof the highway commissioner shall be fined
in the amount of the reportable liabilities excluded from the report.
(Source: Laws 1963, p. 3031.)
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(605 ILCS 5/6-205) (from Ch. 121, par. 6-205)
Sec. 6-205. The district treasurer shall receive and have charge of
all moneys raised in the district for the support and maintenance of
roads therein, and for road damages except such portions of the moneys
which by Section 6-507 are directed to be paid to the municipalities.
He shall hold such moneys at all times subject to the order of the
highway commissioner and shall pay them over upon the order of the
commissioner, such order to be countersigned by the town or district
clerk. In counties under township organization such moneys, other than Social
Security taxes required by the Social Security Enabling Act, shall not be
paid over until the board of town trustees or highway board of auditors,
as the case may be, has examined and audited the claims or charges for
which such order is drawn. He shall keep an account in a book provided by the
commissioner of all moneys received, and all moneys paid out, showing in
detail to whom and on what account the same is so paid.
The treasurer shall also present annually, within 30 days after the
end of the fiscal year of the district, to the highway commissioner an
itemized statement of receipts and disbursements of the district during
the fiscal year just ended, which shall be sworn to.
(Source: P.A. 94-59, eff. 6-17-05.)
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(605 ILCS 5/6-206) (from Ch. 121, par. 6-206)
Sec. 6-206.
In counties under township organization, the board of town
trustees of the various townships shall, from time to time, when requested
by the supervisor of their respective townships designate one or more banks
or savings and loan associations in which the road funds of the road district in the
custody of the district treasurer may be kept, except that in consolidated
township road districts such depository shall be designated by the highway
board of trustees upon request of the treasurer of the respective
consolidated township road district.
In counties not under township organization the county board shall, from
time to time, when requested by the treasurer of any road district,
designate one or more banks or savings and loan associations in which the road funds of
the various road districts in such county may be kept.
When a bank or savings and loan association has been designated as a depository
it shall continue as
such until 10 days have elapsed after the new depository is designated and
has qualified by furnishing the statements of resources and liabilities as
is required in this Section. When a new depository is designated the board
of town trustees, highway board of trustees
or county board, as the case
may be, shall notify the sureties of the district treasurer of that fact,
in writing, at least 5 days before the transfer of fund. The district
treasurer shall be discharged from responsibility for all moneys of the
road fund which he deposits in a depository so designated while such moneys
are so deposited.
No bank or savings and loan association shall receive public funds as permitted
by this Section, unless it has complied with the requirements established
pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(605 ILCS 5/6-207) (from Ch. 121, par. 6-207)
Sec. 6-207.
Compensation of highway commissioner and other officers.
(a) Unless an annual salary is fixed as provided in this Section, the
highway commissioner shall receive for each day he or she is necessarily
employed in the discharge of official duties a per diem to be fixed by the
county board in road districts in counties not under township organization, by
the highway board of trustees in consolidated township road districts, and by
the board of town trustees in districts composed of a single township. Before
any per diem is paid, a sworn statement shall be filed by the commissioner in
the office of the district clerk, showing the number of days the commissioner
was employed, the kind of employment, and the dates of employment.
The boards specified in the preceding paragraph may, instead of a per diem,
fix an annual salary for the highway commissioner at not less than $3,000, to
be paid in equal monthly installments. The boards shall fix the compensation
of the commissioner, whether an annual salary or a per diem, on or before the
last Tuesday in March before the date of election of the commissioner.
If the term of any highway commissioner is extended by operation of law,
the board that fixes the commissioner's rate of compensation may increase the
rate of the compensation, within the limits provided in this Section, in
relation to that portion of the commissioner's term that extends beyond the
period for which he or she was elected.
The board of town trustees shall order payment of the amount of per diem
claimed in the highway commissioner's sworn statement at the first regular
meeting following the filing of the statement. In consolidated township road
districts, the compensation and the expenses of the offices of the highway
commissioner, district clerk, and district treasurer shall be audited by the
highway board of trustees.
The compensation of the highway commissioner shall be paid from the
general township fund in districts comprised of a single township and shall
be paid from the regular road fund in all other districts having highway
commissioners; however, in districts comprised of a single township, a portion
(not exceeding 50%) of the highway
commissioner's salary may be paid from the corporate road and bridge fund or
the permanent road fund if approved by the township board and the highway
commissioner.
(b) The officers composing the highway board of trustees in consolidated
township road districts shall be entitled to $3 per day for attending
meetings of the board, to be paid out of the town fund of their respective
townships. In consolidated township road districts, the compensation of
the district clerk and the district treasurer shall be paid out of the road
fund of the district.
(c) The district clerk shall receive:
(1) for each day he or she is necessarily employed in | ||
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(2) $4 per day for each day he or she shall be | ||
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(A) For serving notice of election or appointment | ||
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(B) For posting up notices required by law, 25 | ||
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(C) For copying any record in the district | ||
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(d) Except as otherwise provided in this Code, the district treasurer shall,
in addition to any other compensation to which he or she is by law entitled,
receive an annual salary of not less than $100 nor more than $1,000 per
year to be fixed by the highway board of trustees in
consolidated township road districts and by the board of town trustees in
districts composed of a single township.
Except as otherwise provided in this Code, the district treasurer
shall, in addition to any other compensation to which he or she is by law
entitled, receive an annual salary deemed appropriate and to be fixed by the
county board in road districts in counties not under township organization.
The compensation of the district treasurer shall be paid from the
general township fund in districts composed of a single township and shall
be paid from the regular road fund in all other districts having district
treasurers.
(Source: P.A. 89-662, eff. 8-14-96; 90-81, eff. 1-1-98; 90-183, eff. 1-1-98;
90-655, eff. 7-30-98.)
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(605 ILCS 5/Art. 6 Div. 3 heading) DIVISION 3.
LAYING OUT, WIDENING, ALTERING OR VACATING TOWNSHIP AND
DISTRICT ROADS
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(605 ILCS 5/6-301) (from Ch. 121, par. 6-301)
Sec. 6-301.
All township and district roads established under this Division
of this Code shall be not less than 40 feet in width, except as provided in
Section 6-327.
Highway commissioners in single township road districts may annually
determine that certain roads in the district are vital to the general
benefit of the district and designate them all or in part as arterial
district roads. The designation must be approved by the county
superintendent of highways, after notice and hearing, prior to the
commissioners' recording the roads with the county superintendent of
highways. No road or portion thereof designated as arterial shall be
closed or vacated without written approval of the county despite the road's
inclusion in any annexation or incorporation proceedings provided for in
the Illinois Municipal Code. This paragraph does not apply to roads in
home rule units of government nor the roads included in our annexation
proceeding by home rule units of governments.
This Division of this Code shall not apply to proceedings for laying
out, widening, altering or vacating streets in municipalities, except as
provided in this Section.
(Source: P.A. 86-1229.)
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(605 ILCS 5/6-302) (from Ch. 121, par. 6-302)
Sec. 6-302.
The highway commissioner of any road district may in his
discretion reduce the width of any existing township or district road to a
width of 40 feet, if the reduction is petitioned for by a majority of the
landowners along the line of such road within the district. When possible
the land vacated by reducing the width of the road shall be taken equally
from each side of the road. In cases of natural obstruction on one side of
the road or where the road extends along the right-of-way of any railroad,
river or canal, the commissioner is authorized to reduce the width of road
on one side only.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-303) (from Ch. 121, par. 6-303)
Sec. 6-303.
Existing township and district roads may be widened, altered or
vacated, and new township and district roads may be laid out in the
manner provided in this Division of this Code. Any number of voters not
less than 5% of the legal voters, or 12 legal voters, whichever is less,
residing in any road district may file a petition with the highway
commissioner of such district, praying for the laying out, widening,
altering or vacation of such roads.
Notwithstanding the preceding sentence, in counties with a population
between 125,000 and 130,000, a petition for laying out,
widening, altering, or vacating roads in a subdivision established under a
county subdivision ordinance, where the final plat of the subdivision was
approved by the county board, shall be filed with the county board unless
the plat was filed with the county recorder at least 15 years before the
petition is filed.
However, where the laying out, widening, altering or vacating of a
township or district road is required by the construction, operation, or
maintenance of a State highway, the Department, in lieu of a petition
may file a certificate, signed by the Secretary of the Department, or his
duly authorized agent, setting forth the necessity for the laying out,
widening, altering or vacating of such roads. The procedure upon the
filing of such certificate shall be the same as, and conform to, the
procedure followed upon the filing of a petition. Such petition or
certificate shall set forth a description of the road and what part is
to be widened, altered or vacated, and if for a new road the names of
the owners of lands, if known, and if not known it shall so state, over
which the road is to pass, the points at or near which it is to
terminate. When the general course of relocated roads shall render the
same practicable, such relocated roads shall be laid out on section
lines, or regular divisional lines subdividing a section or sections.
The highway commissioner, in lieu of a petition, may file a
certificate with district clerk and county clerk to vacate roads. The
procedure upon filing of such certificate shall be the same as, and
conform to, the procedure followed upon the filing of a petition.
(Source: P.A. 87-1121.)
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(605 ILCS 5/6-304) (from Ch. 121, par. 6-304)
Sec. 6-304.
In case the Department widens or alters an existing road,
or lays out a new road in any road district in connection with the
construction of a State highway, or in connection with the construction
of federal aid roads or such roads as are constructed with the aid of
federal grants, loans, or allotments, as provided by law, and requires
right-of-way for such purposes, the road district, acting through its
highway commissioner, is authorized to take whatever steps may be
necessary to enable such road district to aid the Department in the
construction of State highways, or in connection with the construction
of federal aid roads or such roads as are constructed with the aid of
federal grants, loans or allotments, and the highway commissioner is
authorized to pay for such rights-of-way from any available district
road funds, and is authorized to issue warrants and levy a tax, or to issue
bonds pursuant to referendum for the payment
of such right-of-way, as
is provided in Sections 6-503, 6-507, 6-509 and 6-510 of this Code.
(Source: P.A. 81-1489.)
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(605 ILCS 5/6-305) (from Ch. 121, par. 6-305)
Sec. 6-305.
Whenever the highway commissioner receives a certificate
from the Department as provided in Section 6-303 of this Act, or a petition praying
for the laying out, widening, altering or vacation of a township or
district road, he shall fix a time when and a place where he will examine
the route of such township or district road and hear reasons for or against
the laying out, widening, altering or vacating. He shall give at least 10
days' written notice of the time and place of such examination and hearing
to the county superintendent of highways and to any municipality which is
affected by such action occurring within its planning area, and by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting notices in 5 of the most
public places in the district in the vicinity of the road to be laid out,
widened, altered or vacated. The commissioner may, by written notice to the
county superintendent of highways and any affected municipality, and by
public announcement and by the posting of a notice at the time and place
named for the first hearing, adjourn such hearing from time to time, but
not for a longer period than 10 days. At such meeting, or such adjourned
meeting the commissioner shall decide and publicly announce whether he will
grant or refuse the prayer of the petition, and shall endorse upon or annex
to the petition a brief memorandum of such decision. The memorandum shall
be signed by the commissioner and filed within 5 days thereafter in the
office of the district clerk. The commissioner shall also send a copy of
the memorandum to the county superintendent of highways and any affected
municipality, and, in cases where action is initiated as the result of a
Department certificate, a copy of the memorandum to the Department.
No road shall be laid out, widened, altered or vacated unless the
highway commissioner finds that such alteration or vacation is in the
public and economic interest and further finds that any person residing or
owning land within 2 miles of any portion of the road proposed to be
altered or vacated shall still have reasonable access (but not necessarily
a direct route) by way of a motor vehicle or other portable farm machinery
commonly used in the area to farm land he owns or operates and to community
and trade centers after the road is altered or vacated. Such findings shall
be contained in the memorandum of decision signed by the highway
commissioner.
A final hearing may be held at the time of the preliminary or adjourned
meeting if all damages have been released, all surveys and plats are made
and there are no objectors. If there are objectors, the final hearing shall
be held as provided for in Section 6-311.
(Source: P.A. 85-1421.)
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(605 ILCS 5/6-306) (from Ch. 121, par. 6-306)
Sec. 6-306.
In case the highway commissioner denies the prayer of the
petition for the laying out, widening, altering or vacation of a township
or district road, any 3 of the petitioners may appeal from such decision to
the county superintendent of highways by joining in a notice of such appeal
and filing the same in the office of the district clerk within 10 days
after the date of the decision appealed from. The clerk shall thereupon
transmit the original petition for the laying out, widening, altering or
vacation of such township or district road, together with the notice of
appeal to the county superintendent of highways. Upon receipt thereof the
county superintendent of highways shall thereupon fix a time and place for
a public hearing thereof, giving notice thereof and conducting the hearing
and rendering his decision thereon in the manner prescribed by Section 6-311 of
this Act in the case of the hearing upon such petition by the county
superintendent of highways. Upon rendering his decision, the county
superintendent of highways shall likewise endorse on such petition a
memorandum of his decision, which (if the decision approved the change
requested in the petition) shall include his findings that such alteration
or vacation of the township or district road will be in the public and
economic interest and will not deprive residents or owners of proximate
land of reasonable access elsewhere as specified in Section 6-305 of this
Act; and shall file the same in the office of the district clerk.
Such decision of the highway commissioner or, upon appeal of such order,
of the county superintendent of highways shall be regarded as a preliminary
decision upon the advisability of the proposal in the petition and shall be
subject to revocation in the manner hereinafter provided, except that such
decision of the county superintendent of highways affirming the denial of
the petition shall be regarded as a final decision.
(Source: Laws 1963, p. 3216.)
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(605 ILCS 5/6-307) (from Ch. 121, par. 6-307)
Sec. 6-307.
If the highway commissioner, or upon appeal from his decision,
the county superintendent of highways, shall enter a preliminary order for
the laying out, widening, alteration or vacation of a township or district
road, the highway commissioner or county superintendent of highways, as the
case may be, shall cause a survey and plat of such township or district
road to be made by a competent surveyor who shall report such survey and
plat to the highway commissioner or county superintendent, as the case may
be, giving the courses and distances and specifying the land over which
such road is to pass; in which he may make such changes between the termini
of the road described in the petition, as the convenience and interest of
the public in his judgment may require. Upon the petition of 12 land owners
residing in the district where the road is situated, it shall be the duty
of the highway commissioner or county superintendent, as the case may be,
within a reasonable time to employ a competent surveyor and have any road
designated in such petition to be once resurveyed.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-308) (from Ch. 121, par. 6-308)
Sec. 6-308.
Whenever the highway commissioner of any road district or upon
appeal from his decision, the county superintendent of highways has entered
a preliminary order for the laying out, widening, alteration or vacation of
a township or district road, and a survey therefor has been completed as
hereinbefore provided, proceedings shall next be taken to fix the damages
which will be sustained by the adjoining land owners by reason of such
laying out, widening, altering or vacation. In case such preliminary order
was entered by the highway commissioner, he shall act for the district in
all matters relating to the fixing of damages, as well as the surveying of
such road. But in case such order was entered by the county superintendent
of highways on appeal, as aforesaid, the county superintendent shall
represent the district in such matters.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-309) (from Ch. 121, par. 6-309)
Sec. 6-309. The damages sustained by the owner or owners of land by reason
of the laying out, widening, alteration or vacation of a township or
district road, may be agreed upon by the owners of such lands, if competent
to contract, and the highway commissioner or county superintendent, as the
case may be. Such damages may also be released by such owners, and in such
case the agreement or release shall be in writing, the same shall be filed
and recorded with the copy of the order laying out, widening, altering or
vacating such road in the office of the district clerk, and shall be a
perpetual bar against such owners, their grantees and assigns for all
further claims for such damages.
In case the highway commissioner or the county superintendent, as the
case may be, acting for the road district, is unable to agree with the
owner or owners of the land necessary for the laying out, widening or
alteration of such road on the compensation to be paid, the highway
commissioner, or the county superintendent of highways, as the case may be,
may in the name of the road district, enter condemnation proceedings to
procure such land, in the same manner as near as may be, as provided for
the exercise of the right of eminent domain under
the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(605 ILCS 5/6-310) (from Ch. 121, par. 6-310)
Sec. 6-310.
Any person or persons interested in the establishment,
widening, alteration or vacation of any township or district road is or are
authorized to offer inducements to the highway commissioner or county
superintendent of highways, as the case may be, for the establishment,
widening, alteration or vacation of any such township or district road, by
entering into contract with the commissioner or county superintendent,
conditioned upon such establishment, widening, alteration or vacation, to
pay money or other valuable thing to the district for the benefit of the
road funds of the same; or to perform any labor, or construct any road,
bridge or culvert on any road which such person or persons desires or
desire to be established, widened or altered. Any such contracts in writing
made with the highway commissioner or county superintendent shall be deemed
good and valid in law and may be enforced by such commissioner or
superintendent, or his successor in office, before the circuit court.
(Source: P.A. 79-1366.)
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(605 ILCS 5/6-311) (from Ch. 121, par. 6-311)
Sec. 6-311.
Within 20 days after the damages likely to be sustained by
reason of the proposed laying out, widening, alteration or vacation of any
township or district road have been finally ascertained, either by
agreement of the parties or by condemnation proceedings, or within 20 days
after such damages may have been released, the highway commissioner or the
county superintendent of highways, as the case may be, shall hold a public
hearing at which he shall hear and consider reasons for or against the
proposed laying out, widening, alteration or vacation of such road, and at
which time and place he shall publicly announce his final decision relative
thereto. The highway commissioner or the county superintendent of highways,
as the case may be, shall give public notice of such public hearing by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper at the time prescribed for notice, by
posting notices thereof in at least 5 of the most public places in the
district in the vicinity of the road for at least 5 days prior thereto.
A written notice shall be mailed or delivered to all owners of the property
adjacent to the road which is the subject of the hearing. A written notice may
be mailed or delivered to every person known to have been present at the
hearings conducted pursuant to Sections 6-305 and 6-306 of this Act and
to every other person who has requested such notice.
At such time and place the highway commissioner, if he is the official
conducting the hearing, shall determine the advisability of such proposed
laying out, widening, alteration or vacation of such road, shall make an
order for the same and shall within 5 days thereafter file such order in
the office of the district clerk.
At such time and place the county superintendent of highways, if he is
the official conducting the hearing, shall:
(a) Be empowered to administer oaths;
(b) Permit the appearance in person or by counsel, | ||
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(c) Provide that every person offering testimony | ||
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(d) Secure and retain a stenographic transcript of | ||
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(e) Determine the advisability of such proposed | ||
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Every order entered and filed pursuant to this Section in approval of
the change requested in the petition shall contain an express finding that
such alteration or vacation of the township or district road will be in the
public and economic interest and will not deprive residents or owners of
proximate land of reasonable access elsewhere as specified in Section 6-305 of
this Act.
(Source: P.A. 99-237, eff. 1-1-16.)
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(605 ILCS 5/6-312) (from Ch. 121, par. 6-312)
Sec. 6-312.
In case such final order was entered by the highway
commissioner as provided in Section 6-311 of this Code finally determining
the advisability of such proposed laying out, widening, alteration or
vacation of any township or district road, any 3 qualified petitioners who
may have signed the petition for such proposed laying out, widening,
alteration or vacation, or any 3 legal voters residing within 2 miles of
any portion of such road, or any 3 other persons owning land in the road district or owning land within 2 miles of any portion of such road, may (if either they are
qualified petitioners or they both have raised objections at the hearing
pursuant to Section 6-311 of this Act and will be directly and adversely
affected by such proposed laying out, widening, alteration or vacation)
appeal to the county superintendent of highways by filing a notice of such
appeal in the office of the district clerk within 10 days of the date of
filing the decision appealed from. Thereupon such clerk shall at once
transmit all papers relating to such proposed laying out, widening,
altering or vacation of such road to the county superintendent of highways,
who shall within 20 days after the receipt of the same, hold a public
hearing within such district to finally determine upon the laying out,
widening, altering or vacation of such road. Such hearing shall be upon
such notice and conducted in like manner as the hearing before the highway
commissioner relative to such final decision and from which appeal has been
taken, except that the powers and duties of the county superintendent of
highways in conducting such hearing and in determining and filing his final
order shall be identical to the powers and duties of such superintendent
prescribed by Section 6-311 of this Act. Judicial review may be pursued
after such final order of the county superintendent of highways relative to
the alteration or vacation of such roads in the manner provided in Section
6-315a of this Division.
(Source: P.A. 99-237, eff. 1-1-16.)
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(605 ILCS 5/6-313) (from Ch. 121, par. 6-313)
Sec. 6-313.
In case the highway commissioner, or upon appeal from his
decision, the county superintendent of highways, shall finally determine
against the advisability of the proposed laying out, widening, alteration
or vacation of such township or district road, such order shall have the
effect to annul and revoke all proceedings and assessments, releases and
agreements in respect to damages growing out of the proceedings upon the
petition aforesaid. In case the commissioner or county superintendent
affirms such prior proceedings, he shall make an order to be signed by him,
declaring such road to be laid out, widened, altered or vacated as a public
highway and which order shall contain or have annexed thereto a definite
description of the line of such road, together with the plat thereof. The
highway commissioner or county superintendent, as the case may be, shall
within 5 days from the date of his final order, cause the same, together
with the report of the surveyor, the petition and the releases, agreements
or assessments in respect to damages, to be deposited and filed in the
office of the district clerk; who shall note upon such order the date of
such filing. It shall be the duty of such clerk to record such order,
together with the plat of the surveyor in a proper book to be kept for that
purpose.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-314) (from Ch. 121, par. 6-314)
Sec. 6-314.
After it has been finally determined that a township or
district road shall be laid out, widened, altered or vacated, either by the
highway commissioner, or upon appeal, by the county superintendent of
highways, all proceedings subsequent thereto on behalf of the district
shall be taken by the highway commissioner thereof as provided in this
division of this Code. And such highway commissioner in such cases is
hereby authorized to resort to all necessary proceedings not inconsistent
with the provisions of this Code to secure the laying out, widening,
alteration or vacation of any such road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-315) (from Ch. 121, par. 6-315)
Sec. 6-315.
An entry in the records, ledger, or official minute book
of the district clerk, stating that there has been a dedication of a public
highway according to statutory requirements shall be prima facie evidence in
all cases
that there was a dedication of a public highway and that the dedication
complied with all statutory requirements, regardless of whether supporting
records or documentation of the dedication is available.
(Source: P.A. 93-183, eff. 7-11-03.)
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(605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
Sec. 6-315a.
Any 3 persons who, at a hearing conducted by the county
superintendent of highways pursuant to Section 6-306, 6-311 or 6-312
of this Act, have been permitted to appear, in person or by counsel, and
to introduce evidence and cross examine witnesses, may (if they are
qualified petitioners, or have raised objections at a hearing pursuant
to Section 6-311 or 6-312 of this Act and will be directly and
adversely affected by such proposed alteration or vacation) obtain
judicial review of such final administrative decision of the
superintendent (meaning his final order denying the petition after a
hearing pursuant to Section 6-306, or granting or denying the petition
after a hearing pursuant to Section 6-311 or 6-312, to be filed in the
office of the district clerk after the hearing) pursuant to the Administrative
Review Law, and all amendments
and modifications thereof, and any rules adopted pursuant thereto. The
term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure. Such judicial review proceeding shall be given precedence
over all other civil cases, except cases arising under the Workers'
Compensation Act and the Unemployment Insurance
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(605 ILCS 5/6-316) (from Ch. 121, par. 6-316)
Sec. 6-316.
All township and district roads laid out as provided in this
Division of this Code shall be opened within 2 years from the time of
laying out the same. If the damages resulting from the establishing of such
roads shall not be paid within 90 days from the time the money is in the
hands of the treasurer of the road fund to pay the same, such new roads
shall be deemed to be vacated.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-317) (from Ch. 121, par. 6-317)
Sec. 6-317.
Whenever a township or district road is ordered to be laid out,
widened or altered, according to the provisions of this Division of this
Code, which road shall pass through or on enclosed land, the highway
commissioner shall give the owner or occupant of such land 60 days' notice
in writing to remove the fences. If such owner or occupant does not remove
the fence or fences within 60 days after such notice, the commissioner
shall have the same removed, and direct the road to be opened and worked;
the owner of such premises shall pay all necessary costs of removal, and
the same may be recovered by the highway commissioner in any court of
competent jurisdiction, provided however that in case the owner or occupant
has been awarded damages either by agreement, or by judgment in
condemnation proceedings, for the removal of such fence or fences, then the
owner or occupant shall remove such fences without such notice, and the
highway commissioner may enter upon such premises at once for the purpose
of laying out, widening or altering such road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-318) (from Ch. 121, par. 6-318)
Sec. 6-318.
When any township or district road has been finally laid out,
widened or altered according to the provisions of this Division of this
Code, the owners of such lands taken shall have a reasonable time, not
exceeding 8 months, to be designated by the highway commissioner to harvest
crops which may be on such lands before such road shall be opened, provided
however that if the damages to crops have been included in the total
damages finally allowed or awarded then the highway commissioner may enter
upon such premises at once for the purpose of opening such road, provided
further that if there are fences on such land taken, he shall first give
notice to remove said fences as provided in Section 6-317 of this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-319) (from Ch. 121, par. 6-319)
Sec. 6-319.
Township and district roads may be laid out, widened, altered or vacated
on county or district lines, or from one district to another, and in case a
railroad right-of-way or stream of water joins the boundary line of such
county or district line, then along the line of such railroad right-of-way
or stream of water, in the same manner as other township and district
roads, except that in such cases, a copy of the petition shall be posted in
and presented to the highway commissioners of each district interested;
such petition to be as in other cases, and signed by not less than 5% of
the legal voters, or 12 legal voters, whichever is less, residing in the
district or county. Whereupon the highway commissioners of the several
districts shall meet and act together, in the same time and manner as in
other cases, in considering the petition, viewing the premises, adjusting
damages, and making all orders in reference to such proposed road,
widening, alteration or vacation, and a copy of all final orders and plats
and papers shall be filed and recorded in each of the counties and
districts interested. In case the commissioners are unable to agree, the
county superintendent of highways shall act as arbitrator between them in
case the districts shall lie within the same county, and if in different
counties the Department or any person designated by it, shall so act. All
appeals hereinbefore provided for in this Division of this Code may
likewise be taken to the county superintendent of highways, or in case the
districts shall lie in 2 or more counties, to the Department.
In lieu of petitions, the highway commissioners of all road districts
interested may file a certificate to vacate roads with the respective
county clerks and with the respective township or district clerks, as the
case may be. The procedure upon the filing of such certificates shall be
the same as, and conform to, the procedure followed upon the filing of a
petition.
(Source: P.A. 78-543.)
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(605 ILCS 5/6-320) (from Ch. 121, par. 6-320)
Sec. 6-320.
The highway commissioners shall also, in case a new township or
district road is established on a county or district line, allot to each of
such districts the part of such road which each of such districts shall
open and keep in repair, and the part so allotted shall be considered as
wholly belonging to such district. They shall also divide the expenses and
damages which may accrue from such laying out, widening or alteration, and
if they cannot agree, they shall refer the matter to the county
superintendent of highways or in case the districts shall lie in 2 or more
counties, the Department, whose decision shall be final.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-321) (from Ch. 121, par. 6-321)
Sec. 6-321.
All township and district roads heretofore or hereafter laid
out upon district or county lines shall be divided, allotted and kept in
repair in the manner as hereinbefore directed. Any township or district
road that is or shall be laid out on any county or district line, and in
case a railroad right-of-way or a stream of water forms the boundary line
of such district or county, or crowds the public road off from such
district or county, then the road alongside such railroad right-of-way or
stream of water, shall be held to be a road on a county or district line,
although owing to the topography of the ground along such county or
district line, or at the crossing of any stream of water, the proper
authorities in laying out such road may have located a portion of the same
to one side of such county or district line or railroad right-of-way, or
stream of water, and the expenses of keeping in repair such road shall be
assessed by each district or county interested.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-322) (from Ch. 121, par. 6-322)
Sec. 6-322.
Township and district roads may be laid out and opened upon the
line between this and any adjoining state, as provided in the preceding
sections, whenever the laws of such adjoining state shall be applicable.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-323) (from Ch. 121, par. 6-323)
Sec. 6-323.
In addition to the notices now required by law in proceedings
for laying out, locating or opening of township and district roads, similar
notices shall be served on any railroad company across or alongside of
whose railroad it may be proposed to locate such a road. Such notices shall
be served by delivering a copy thereof to the station agent of any such
railroad company nearest to the proposed location of such projected
township or district road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-324) (from Ch. 121, par. 6-324)
Sec. 6-324.
The highway commissioner of any road district shall relocate,
divert or establish a township or district road where necessary in
connection with the crossing of the track of any railroad company across
any township or district road upon certification of the findings of the
Illinois Commerce Commission as provided in Section 18c-7401 of the Illinois
Commercial Transportation Law. The Illinois Commerce Commission may apportion
all costs and damages incident thereto as provided in said Section 18c-7401.
(Source: P.A. 85-1209.)
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(605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
Sec. 6-325.
In counties having less than 3,000,000 inhabitants, roads or
streets in platted subdivisions and dedicated to public use shall be
included in and incorporated into the township or district road system
without any hearing or petition therefor required by the preceding Sections
of this Division, when and if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures prepared by the county superintendent of highways
and adopted by the county board. The highway
commissioner shall determine when such dedicated roads and streets so
conform and shall thereupon make an order to incorporate them into the
township or district road system and file one copy of such order in the
office of the district clerk and one copy with the county superintendent of
highways. If the highway commissioner refuses or fails to make such an
order, any 3 interested persons may appeal to the county superintendent of
highways to determine if such roads and streets so conform, and if his
finding is favorable, he shall make an order to incorporate them into the
township or district road system and shall file such order in the office of
the district clerk.
The county board may adopt alternate and less stringent rules,
specifications, and regulations prepared by the
county superintendent of highways for roads and streets that were initially
platted in subdivisions before
January 1, 1959, but not constructed, and these alternate rules,
specifications, and regulations shall be applicable
in determining if these roads and streets conform under this Section for
inclusion into the township or district
road system.
The county board, by an affirmative vote of at least
three-fifths of all members of the county board, may adopt alternate and
less stringent rules, specifications and regulations prepared by the County
Superintendent of Highways for roads and streets that were initially
constructed in platted subdivisions prior to January 1, 1959, and such
alternate rules, specifications and regulations shall be applicable in
determining if such roads and streets comply under this Section if the
highway commissioner first determines that such roads and streets should be
included in or incorporated into the township or district road system.
Roads and streets which have been laid out and dedicated to public use
but which are not in platted subdivisions or which are in a platted
subdivision but do not conform to the rules, specifications and regulations
as required by the preceding paragraph of this Section or are in a county
which has not established such rules, specifications and regulations may be
included in and incorporated into the township or district road system in
the manner hereinafter specified in this Section. The proceedings for that
purpose shall be in accordance with the provisions of Sections 6-303 and
6-305 of this Code with reference to laying out new roads, except as
hereinafter provided in this Section. The petition shall pray that the
roads or streets be incorporated into the township or district road system.
The provisions of Section 6-305 of this Code relative to notice and
hearing are applicable to the proceedings except the notice shall state the
time when the commissioner will examine the roads or streets and hear
reasons for or against incorporating them into the township or district
road system and the notice shall be posted in the vicinity of the road or
street described in the petition. The provisions of Section 6-305 relative
to the decision are applicable if the prayer of the petition is refused,
but if the commissioner grants the prayer of the petition, he shall so
publicly announce and shall make an order to incorporate the roads or
streets into the township or district road system and shall, within 5 days
thereafter, file one copy of such order in the office of the district clerk
and one copy with the county superintendent of highways.
In case the highway commissioner denies the prayer of the petition, any
3 of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner. In case of appeal the clerk shall transmit the
original petition to the county superintendent of highways, also the notice
of appeal. Upon receipt of the same the county superintendent of highways
shall fix a time and place for a public hearing thereon, giving notice
thereof and after the hearing shall render his decision thereon and record
and file the same in the manner hereinbefore provided in the case of the
hearing upon such petition by the highway commissioner of the district.
If no appeal is taken within 10 days from a decision allowing the prayer
of the petition the roads or streets described in the petition shall be
deemed to be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
roads or streets described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
In counties having more than 3,000,000 inhabitants, roads or streets in
platted subdivisions and dedicated to public use and roads or streets which
have been laid out and dedicated to public use may be included in and
incorporated into the township or district road system in the manner
specified in this Section, if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures established by the highway commissioner, the county
superintendent of highways and the county plan commission, if any.
The proceedings for that purpose shall be in accordance with the
provisions of Sections 6-303, 6-304 and 6-305 of this Code with
reference to laying out new roads, except as provided in this Section. The
petition shall pray that the streets or roads be incorporated into the
township or district road system, and if the petition is allowed the
decision shall order that the streets or roads be incorporated into the
township or district road system. The provisions of Sections 6-306 and 6-307 of
this Code are not applicable to the proceedings. The provisions of
Section 6-305 of this Code relative to notice and hearing are applicable
to the proceedings except the notice shall state the time when the
commissioner will examine the streets or roads and hear reasons for or
against incorporating them into the township or district road system and
the notice shall be posted in the vicinity of the street or road described
in the petition. The provisions of Section 6-305 relative to the decision
are applicable if the prayer of the petition is refused, but not applicable
if granted and in such case the provisions of this Section govern.
In case the highway commissioner denies the prayer of the petition any 3
of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner.
In case of appeal the clerk shall transmit the original petition to the
county superintendent of highways, also the notice of appeal.
Upon receipt of the same the county superintendent of highways shall fix
a time and place for a public hearing thereon, giving notice thereof and
after the hearing shall render his decision allowing or denying the prayer
of the petition and endorse the same on the petition and file the same with
the district clerk, within 5 days.
Any notice of appeal under the foregoing provisions shall be filed with
the clerk within 10 days after the decision of the highway commissioner.
If no appeal is taken from a decision allowing the prayer of the
petition the streets or roads described in the petition shall be deemed to
be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
streets or roads described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
The 7 preceding paragraphs of this Section shall apply only in counties
having more than 3,000,000 inhabitants.
(Source: P.A. 91-775, eff. 6-9-00.)
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(605 ILCS 5/6-326) (from Ch. 121, par. 6-326)
Sec. 6-326.
When a petition to lay out, widen, alter or vacate a district
road concerns a road in a county unit road district, such petition shall be
filed with the county superintendent of highways. Such county
superintendent shall have the powers and perform the duties of a highway
commissioner under the provision of this Division of this Code. An appeal
may be had from the decision of such county superintendent of highways on
such petition to the county board of the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-326.1) (from Ch. 121, par. 6-326.1)
Sec. 6-326.1.
Existing township and district roads may be temporarily
closed and reconstructed by the filing with the highway commissioner of the
district involved and with the County Superintendent of Highways of a
petition signed by all of the owners of the property contiguous to both
sides of that portion of the roadway to be temporarily closed and
reconstructed by the petitioners. A copy of this petition shall be
published in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting copies of the petition in 5
of the most public places in the district in the vicinity of the road to be
temporarily closed and reconstructed. The Road Commissioner shall provide
for publication or posting at least 10 days prior to any decision on the
matter. If the commissioner is of the
opinion that the temporary closing of the road is in the public and
economic interest and that the temporary closing will not materially
interfere with the flow of traffic on the township and county road system
then, upon the approval of plans for the reconstruction of the road by the
District Commissioner and the County Superintendent of Highways and the
depositing with the commissioner of a contract and corporate surety bond
approved by the Highway Commissioner and the County Superintendent of
Highways properly guaranteeing the replacement of the road in as good or
better condition as existed prior to the closing, the commissioner may
temporarily close the road for a period not to exceed 3 years.
(Source: P.A. 79-510.)
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(605 ILCS 5/6-327) (from Ch. 121, par. 6-327)
Sec. 6-327.
Township and district roads for private and public use of the
widths of 50 feet or less may be laid out from one or more dwellings or
plantations to any public road, or from one public road to another, or from
one or more lots of land to a public road or from one or more lots of land
to a public waterway, on petition to the highway commissioner by any person
directly interested. Upon receiving such petition, proceedings shall be had
respecting the laying out of such road as in the case of other township and
district roads. In case the highway commissioner or upon appeal, the county
superintendent of highways, shall enter a preliminary order for the laying
out of such road, such highway officer or officers making such preliminary
order shall, if possible, and the parties are competent to contract, agree
upon the total amount of damages, together with the portion thereof to be
paid by the district, if any, as well as by each of the land owners
benefited by such road. In case such damages cannot be determined or
apportioned by agreement, the same shall be fixed as in the case of other
township and district roads. The amount of such damages shall be paid by
the person benefited thereby, to the extent and in proportion that they are
benefited as determined and declared by the court. The remainder of the
amount of damages, over and above that to be paid by the parties aforesaid,
if any, shall be paid by the district as in other cases. The amount of
damages to be paid by individuals shall be paid to the parties entitled
thereto, before the road shall be opened for use. In all other respects the
provisions of this Division of this Code relative to the opening, widening,
alteration or vacation of other township and district roads shall be
applicable also to the laying out, widening, alteration or vacation of
roads for private and public use: Provided that the cost of the
construction of the roadway, bridges and culverts and the maintenance
thereof shall be borne by the parties paying for such road.
(Source: Laws 1963, p. 2045.)
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(605 ILCS 5/6-328) (from Ch. 121, par. 6-328)
Sec. 6-328.
Whenever any township or district road is laid out, widened or
altered in accordance with this Division of this Code, the highway
commissioner shall cause a plat thereof to be made and recorded in the
office of the recorder of the county (or in the office of the
registrar of titles for the county if appropriate) in accordance with the
provisions of Section 9 of "An Act to revise the law in relation to plats",
approved March 21, 1874, as amended.
(Source: P.A. 83-358.)
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(605 ILCS 5/6-329) (from Ch. 121, par. 6-329)
Sec. 6-329.
Upon the vacation of any township or district road or part
thereof, the highway commissioner shall cause a legal description of the
road or part thereof vacated to be recorded in the office of the recorder
of the county. The recorder shall mark the plat previously
recorded in such manner as to show the vacation and to indicate the book
and page number where the description is recorded.
(Source: P.A. 83-358.)
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(605 ILCS 5/Art. 6 Div. 4 heading) DIVISION 4.
CONSTRUCTION AND MAINTENANCE OF TOWNSHIP AND DISTRICT ROADS
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(605 ILCS 5/6-401) (from Ch. 121, par. 6-401)
Sec. 6-401.
If any highway commissioner fails or refuses to repair or
maintain any road or section of a road in his district within 10 days after
he is given a notice in writing signed by 3 landowners of such district,
that such road or section of a road is in need of repair or maintenance,
any 3 landowners in such district may petition the county superintendent of
highways that such road or section thereof is in need of repair, or is not
properly maintained by the highway commissioner. The county superintendent
of highways shall set a day, not less than 10 nor more than 20 days after
such petition is filed with him, for hearing the complaint alleged in such
petition, and shall cause 10 days notice of such hearing to be given
addressed "to all persons interested" by posting notices of such hearing in
5 of the most public places in such district in the vicinity of the road or
section of road described in the petition and also by delivering a copy of
such notice to such commissioner or mailing a copy thereof to such
commissioner at his post office address, postage prepaid.
If the county superintendent of highways determines as a result of such
hearing that the road described in the petition is in need of repair, or is
not properly maintained by the highway commissioner of the district, he
shall order the highway commissioner of the district to make such repairs
as appear to him to be proper or necessary, or to properly maintain such
road or section of road.
If any highway commissioner wilfully disobeys the order of the county
superintendent of highways issued in pursuance to this section, when there
are sufficient funds to permit a compliance with such order, he shall be
guilty of a petty offense, and shall upon proper proceedings being brought
in the circuit court of the county, be subject to removal from office.
(Source: P.A. 79-1366.)
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(605 ILCS 5/6-402) (from Ch. 121, par. 6-402)
Sec. 6-402.
Bridges or culverts on roads on district lines, except as
provided in Section 5-503 of this Code, shall be constructed and repaired
by such districts and the expense of such construction and repair shall be
borne in proportion to the assessed value of the taxable property in the
respective districts according to the last preceding equalized assessment
thereof prior to such construction or repair; or the commissioners of such
adjoining road districts may enter into joint contracts, which may provide
for any just division of cost. Such contracts may be
judicially enforced against such commissioners jointly, the same as if entered
into by individuals, and such commissioners may be proceeded against
jointly by any parties interested in such bridges or culverts, for any
neglect of duty in reference to such bridges or culverts, or for any damage
growing out of such neglect.
(Source: P.A. 83-345.)
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(605 ILCS 5/6-404) (from Ch. 121, par. 6-404)
Sec. 6-404.
Approaches to all bridges and culverts constructed under and by
virtue of Section 6-402 shall be constructed and maintained by
the respective road districts within which such approach or approaches may
be located, and all approaches to all such bridges and culverts, as have
heretofore been constructed jointly by 2 or more districts shall be maintained
by the respective districts within which such approaches are located.
(Source: P.A. 84-962.)
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(605 ILCS 5/6-405) (from Ch. 121, par. 6-405)
Sec. 6-405.
When any road district desires to construct or repair any
bridge or culvert as provided in Section 6-402, and has appropriated its
share of the cost of constructing or repairing the same it shall be the
duty of such other road district to make an appropriation for its
proportionate share of the expense of such construction or repair. If such
other road district fails or refuses to make such appropriation any court
of competent jurisdiction, upon a proper petition for that purpose, shall
issue an order to compel such other road district to make such
appropriation; or the road district which has made its appropriation, may,
after giving due notice to the other road district, proceed with the
construction or repair of the bridge or culvert, and, if the construction
or repair is reasonable in kind and cost, may recover from the other road
district, by suit, such proportionate share of the expense as the other
road district is liable for, with costs of the suit and interest from the
time of the completion of the construction or repair. However, if the
expense of the construction or repair of the bridge or culvert is
unreasonable then the road district may recover only the other road
district's proportionate share of an amount equal to a reasonable expense
for the construction or repair.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-406) (from Ch. 121, par. 6-406)
Sec. 6-406.
When a joint contract has been made in accordance with Section
6-402, and if the commissioner of either of such road districts, after
reasonable notice in writing from the commissioner of any other road
district, neglects or refuses to construct or repair any bridge or culvert,
the commissioner so giving notice, after constructing or repairing the
same, may recover by suit such amount as may have been contracted for in
accordance with Section 6-402 of this Code, of the expense of so
constructing or repairing such bridge or culvert together with costs of
suit and interest from time of completion thereof, from the road district
so neglecting or refusing.
(Source: P.A. 84-962.)
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(605 ILCS 5/6-407) (from Ch. 121, par. 6-407)
Sec. 6-407.
(Repealed).
(Source: P.A. 81-693. Repealed by P.A. 93-704, eff. 7-9-04.)
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(605 ILCS 5/6-408) (from Ch. 121, par. 6-408)
Sec. 6-408. Contracts for constructing and repairing roads and bridges on
road district lines shall be let by the highway commissioners of the 2
districts who shall meet and act together when taking action upon the
letting of such contract for the construction or repair of such roads and
bridges, or acceptance of the work.
(Source: P.A. 93-704, eff. 7-9-04.)
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(605 ILCS 5/6-409) (from Ch. 121, par. 6-409)
Sec. 6-409.
No contract so made shall be considered as let unless the
contractor shall, within 15 days after the final award of the same, enter
into contract and file a bond with good and sufficient sureties with the
highway commissioner, in the penal sum at least equal to the amount of the
contract, payable to the commissioner of the district, upon failure to
comply with the conditions of such contract.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-410) (from Ch. 121, par. 6-410)
Sec. 6-410. All final payments on contracts for the construction or repair
of roads, including the constructing or repairing bridges or culverts,
shall be made payable as soon as the work under such contract is completed
and accepted by the highway commissioner. The highway commissioner shall submit all warrants, bills and
orders for such final payments to the township board of trustees or the
highway board of auditors within 30 days after the receipt of the bill.
(Source: P.A. 94-59, eff. 6-17-05.)
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(605 ILCS 5/6-411) (from Ch. 121, par. 6-411)
Sec. 6-411. Pecuniary interest in leases. In townships with a population of
less than 15,000, with the
approval of the town board of trustees or the highway board
of auditors, as the case may be, a highway commissioner may have a
pecuniary interest in lease contracts if the aggregate total of those
contracts is less than $2,000 in the same fiscal year.
(Source: P.A. 96-422, eff. 8-13-09.)
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(605 ILCS 5/6-411.1)
Sec. 6-411.1.
Pecuniary interest in contracts.
(a) Except as provided in this Section, no road district officer or employee
shall be interested, directly or indirectly, in his or her own
name or in the name of any other person, association, trust, or
corporation, in any contract for work or materials, profits of work or
materials, or services to be furnished or performed for the road district or
for any
person operating a public utility wholly or partly within the
territorial limits of the road district.
(b) Any elected or appointed member of the governing body
may provide materials, merchandise, property, services, or labor if:
(1) the contract is with a person, firm, partnership, | ||
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(2) the interested member publicly discloses the | ||
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(3) the interested member abstains from voting on the | ||
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(4) the contract is approved by a majority vote of | ||
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(5) the contract is awarded after sealed bids to the | ||
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(6) the award of the contract would not cause the | ||
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(c) In addition to subsection (b), any elected or appointed
member of the governing body may provide materials, merchandise,
property, services, or labor if:
(1) the award of the contract is approved by a | ||
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(2) the amount of the contract does not exceed | ||
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(3) the award of the contract would not cause the | ||
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(4) the interested member publicly discloses the | ||
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(5) the interested member abstains from voting on the | ||
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(6) no other vendor is available within a 25-mile | ||
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(d) A contract for the procurement of public utility services by a
road district with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company, holding an ownership interest
of no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the road district has a population of less than 7,500
and the public utility's rates are approved by the Illinois Commerce
Commission.
An elected or
appointed member of the governing body having such an interest shall be
deemed not to have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a Class 4
felony. Any office held by the person so
convicted shall become vacant and shall be declared vacant as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c), and (d), shall preclude a contract of
deposit of moneys, loans, or other financial services by a road district
with a local bank or local savings and loan association, regardless of
whether a member or members of the governing body of the road district
are interested in the bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in
a contract shall not be deemed to be holding a prohibited interest for
purposes of this Section. The interested member or members of the
governing body must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of such a
contract but shall not participate in any further deliberations
concerning the proposed award. The interested member or members shall
not vote on a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the
road district.
(Source: P.A. 89-305, eff. 1-1-96.)
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(605 ILCS 5/6-411.5)
Sec. 6-411.5.
Contracts for public transportation.
The
highway commissioner of each road district within the territory of the
Regional Transportation Authority shall have authority,
with the approval of the township board of trustees, to
contract with the Regional Transportation Authority or a Service Board, as
defined in the Regional Transportation Authority Act, for the purchase of
public transportation services within the district, upon such terms and
conditions as may be mutually agreed upon. The expenditure of road funds,
collected under a road district tax, to purchase public transportation services
constitutes a road
purpose under this Code.
(Source: P.A. 89-347, eff. 1-1-96.)
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(605 ILCS 5/6-412) (from Ch. 121, par. 6-412)
Sec. 6-412.
On all township or district roads which have all-weather travel
surfaces the highway commissioner, if funds are available, shall construct
and maintain adequate all-weather surfaces at boxes used for the receipt of
United States mail. Such approaches shall be constructed and maintained
with the same material as the roadbed, or other suitable all-weather
material.
The rules, regulations and specifications adopted by the Department
governing the erection and maintenance of boxes for the receipt of United
States mail on State highways shall not apply to and govern the erection
and maintenance of such boxes on such township or district roads.
(Source: Laws 1961, p. 473.)
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(605 ILCS 5/6-412.1) (from Ch. 121, par. 6-412.1)
Sec. 6-412.1.
The highway commissioner is authorized to contract for
insurance against any loss or liability of any officer, employee or agent
of the district resulting from the wrongful or negligent act of any such
officer, employee or agent while discharging and engaged in his duties and
functions and acting within the scope of his duties and functions as an
officer, employee or agent of the district. Such insurance shall be carried
with a company authorized by the Department of Insurance to write such
coverage in Illinois. Every such policy shall provide, or be endorsed to
provide, that the company issuing such policy waives any right to refuse
payment or deny coverage or liability thereunder, within the limits of the
policy, because of any exemption the district may have from such liability.
The expenditure of road funds of the district to purchase such insurance
contracts constitutes a road purpose under this Act.
(Source: Laws 1961, p. 2724.)
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(605 ILCS 5/Art. 6 Div. 5 heading) DIVISION 5.
TAXATION
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(605 ILCS 5/6-501) (from Ch. 121, par. 6-501)
Sec. 6-501. (a) Findings and purpose. The General Assembly finds:
(1) That the financial conditions of the Township and | ||
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(2) Townships and district road systems, as a result | ||
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(3) Further, cost for maintenance and improvements | ||
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(4) To solve these problems, this Act makes changes | ||
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(b) The highway commissioner for each road district in each county not
under township organization shall on or before the third Tuesday in December
of each year determine and certify to the county board the amount necessary
to be raised by taxation for road purposes and for the salaries of
elected road district officials in the road district.
Should any highway commissioner during the last year of his term of
office for any reason not file the certificate in the office of the county
clerk, as required by this Section, in time for presentation to the regular
September meeting of the county board, the clerk shall present in lieu
thereof a certificate equal in amount to that presented for the preceding year.
In every such county the certificate shall be filed in the office of the
county clerk and by that official presented to the county board at the
regular September meeting for the consideration of the board. The amount so
certified if approved by the county board, or the part thereof as the
county board does approve, shall be extended by the county clerk as road
taxes against the taxable property of the district.
(c) The highway commissioner in each road district in each county having
adopted township organization shall in accordance with the Illinois
Municipal Budget Law at least 30 days prior to the public meeting required by
this paragraph, each year prepare or cause to be prepared a tentative budget
and appropriation ordinance and file the same with the clerk of the township or
consolidated township road district, as the case may be, who shall make the
tentative budget and appropriation ordinance conveniently available to the
public inspection for at least 30 days prior to final action. One public
hearing shall be held. This public hearing shall be held on or before the last
day of the first quarter of the fiscal year before the township board of
trustees or the highway board of trustees, as the case may be. Notice of the
hearing shall be given by publication in a newspaper published in the road
district at least 30 days prior to the time of the hearing. If there is no
newspaper published in the road district, notice of the public hearing shall be
given by posting notices in 5 of the most public places in the district. It
shall be the duty of the clerk of the road district to arrange for the public
hearing. The township board of trustees or highway board of trustees, as the
case may be, at the public hearing shall adopt the tentative budget and
appropriation ordinance, or any part as the board of trustees deem necessary.
On or before the last Tuesday in December the township board of
trustees or highway board of trustees or road district commissioner, as
the case may be, shall levy and certify to the county clerk the amount
necessary to be raised by taxation for road purposes and the road district
commissioner shall levy and certify to the county clerk the amount necessary to
be raised by taxation for the salaries of elected road district officials in
the road district, as determined by the highway commissioner.
The amount so certified shall be extended by the county clerk as road
taxes against the taxable property of the district.
On or after October 10, 1991, a road district commissioner whose district is
located in a county not under township organization may not levy separately
a tax for
salaries of elected road district officials unless the tax has been first
approved by a majority of the electors voting on the question at a referendum
conducted in accordance with the general election law. The question submitted
to the electors at the referendum shall be in substantially the following form:
"Shall the road district commissioner be authorized to levy an annual tax for
the salaries of elected road district officials under Section 6-501 of the
Illinois Highway Code?"
Except as is otherwise permitted by this Code and when the road district
commissioner establishes the tax rate for the salaries of elected road
district officials, the county clerk shall not extend taxes for road
purposes against the taxable property in any road district at rates in
excess of the following:
(1) in a road district comprised of a single township | ||
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(2) in a consolidated township road district, at a | ||
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(3) in a road district in a county not having | ||
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However, road districts that have higher tax rate limitations on a
permanent basis for road purposes on July 1, 1967, than the limitations
herein provided, may continue to levy the road taxes at the higher
limitations, and the county clerk shall extend the taxes at not to exceed
the higher limitations.
If the amount of taxes levied by the township board of trustees or the
highway board of trustees or approved by the county board in any case is in
excess of the amount that may be extended the county clerk shall reduce
the amount so that the rate extended shall be no greater than authorized
by law. However, the tax shall not be reduced or scaled in any manner
whatever by reason of the levy and extension by the county clerk of any tax
to pay the principal or interest, or both, of any bonds issued by a road
district.
The taxes, when collected, shall be held by the treasurer of the district
as the regular road fund of the district.
Notwithstanding any other provision of law, for a period of time ending 18
years after the effective date of this amendatory Act of 1994, a road district
or consolidated road district may accumulate up to 50% of the taxes collected
from a subdivision under this Section for improvements of nondedicated
roads within the subdivision from which and for
which the taxes were collected. These nondedicated roads will become a part of
the
township and district road system if the roads meet the criteria established by
the counties in which the roads are located. The total accumulations under
this provision may not exceed 10% of the total funds held by the
district for
road purposes. This provision applies only to townships within counties
adjacent to a county with a population of 3,000,000 or more and only with
respect to subdivisions whose plats were filed or recorded before July 23,
1959.
Notwithstanding any other provision of law, for a period of time ending 10
years after the effective date of this amendatory Act of the 98th General Assembly, a road district
or consolidated road district may accumulate up to 50% of the taxes collected
from a subdivision under this Section for improvements of nondedicated
roads within the subdivision from which and for
which the taxes were collected. These nondedicated roads will become a part of
the
township and district road system if the roads meet the criteria established by
the counties in which the roads are located. The total accumulations under
this provision may not exceed 10% of the total funds held by the
district for
road purposes. This provision applies only to townships within counties
adjacent to a county with a population of 3,000,000 or more and only with
respect to subdivisions whose plats were filed or recorded before July 23,
1959. Any road district may accumulate funds for the purpose of acquiring,
constructing, repairing and improving buildings and procuring land in
relation to the building and for the purpose of procuring road maintenance
apparatus and equipment, and for the construction of roads, and may
annually levy taxes for the purposes in excess of its current requirements
for other purposes, subject to the tax rate limitations provided in this
Section, provided a proposition to accumulate funds for the purposes is
first submitted to and approved by the electors of the district. The
proposition shall be certified to the proper election officials by the
district clerk upon the direction of the highway commissioner, and the
election officials shall submit the proposition at a regular election.
Notice and conduct of the referendum shall be in accordance with the
general election law. The proposition shall be in substantially the
following form:
Shall .......... road districtaccumulate funds in the amountof $......... for ........ years YESfor the purpose of acquiring,constructing, repairing and improving buildings and procuring landtherefor, and for procuring road NOmaintenance apparatus and equipmentand for the construction of roads?
If a majority of the electors voting on the proposition vote in
favor of it, the road district may use a portion of the funds levied,
subject to the tax rate limitations provided in this Section, for the
purposes for which accumulation was authorized. It shall not be a valid
objection to any subsequent tax levy made under this Section, that there
remains unexpended money arising from the levy of a prior year because
of an accumulation permitted by this Section and provided for in the
budget for that prior year.
(d) Any road district may accumulate moneys in a dedicated fund for a
specific
capital construction or maintenance project or a major equipment purchase
without submitting a proposition to the electors of the district if the annual
budget and appropriation ordinance for the road district states the amount,
purpose, and duration of any accumulation of funds authorized under this
Section, with specific reference to each project to be constructed or equipment
to be purchased. Nothing in this subsection precludes a road district from
accumulating moneys for non-specific purposes as provided in this Section.
(Source: P.A. 98-818, eff. 8-1-14.)
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(605 ILCS 5/6-502) (from Ch. 121, par. 6-502)
Sec. 6-502.
The township board of trustees or highway board of trustees, as the case
may be, or the highway commissioner in any county not under township
organization, of each road district in addition to certifying to the county
board the amount necessary to be raised by such district for road purposes
therein, shall also within the dates aforesaid make out and deliver to the
district clerk a copy of the certificate required by Section 6-501 to be
kept on file by such clerk for the inspection of the inhabitants of such
district. However, a failure to file such copy shall not affect the
validity of the certificate filed with the county clerk, or of the tax
levied pursuant thereto.
The district clerk shall not certify levies of taxes to the county
clerk.
(Source: P.A. 82-783.)
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(605 ILCS 5/6-503) (from Ch. 121, par. 6-503)
Sec. 6-503.
When damages have been agreed upon, allowed or awarded for laying
out, widening, altering or vacating township or district roads, or for
payments for right-of-way in aiding the State in connection with the
construction of State highways or in connection with the construction of
federal aid roads or such roads as are constructed with the aid of
federal grants or loans, or for ditching to drain township or district
roads, the amounts of such damages and interest on orders issued in
payment of such damages shall be included in the next succeeding tax
levy provided for in Section 6-501 of this Code, and may be in addition
to and in excess of the maximum levy and rate of extension of taxes for
road purposes authorized under Section 6-501, and when collected,
shall constitute and be held by the treasurer of the district as a
separate fund to be paid to the parties entitled thereto. The highway
commissioner, or the township board of trustees or highway board of
trustees, as the case may be, at the time of certifying the general tax
levy for road purposes within the district, shall include and separately
specify in such certificate the amount necessary to be raised by
taxation for the purpose of paying such damages. Upon the approval by
the county board of the amount so certified, when required in Section
6-501, the county clerk shall extend the same against the taxable
property of such district, provided the amount shall not be extended at
a rate in excess of .033% of value, as equalized or assessed by the
Department of Revenue. The foregoing limitations upon
tax rates may be increased or decreased under the referendum provisions
of the General Revenue Law of Illinois.
(Source: P.A. 82-783.)
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(605 ILCS 5/6-504) (from Ch. 121, par. 6-504)
Sec. 6-504.
On the petition of at least 10% of the legal voters residing
in a road district (other than a county unit road district) to the district
clerk, the clerk shall order a referendum on the proposition to increase
the district's rate limitation for road purposes under this Section and
Section 6-505. The referendum shall be held at the next annual or special
town meeting or at an election in accordance with the general election
law. If the referendum is ordered to be held at the town meeting, the district
clerk shall give notice that at the next annual or special town meeting the
proposition shall be voted upon. The notice shall set forth the proposition
and shall be given by publication in a newspaper published in the township,
or if there is no such newspaper, then in a newspaper published in the
county and having general circulation in the township, and by posting notices
in at least 10 of the most public places in the township at least 10
days before the town meeting. If the referendum is ordered
to be held at an election, the district clerk shall certify that proposition
to the proper election officials, who shall submit the proposition at
an election. The proposition shall be submitted in accordance with
the general election law.
Any road district voting after August 1, 1967, to increase its rate
limitation for road purposes under this Section and Section 6-505 shall
establish the increased rate limitation on a permanent basis.
No more than 2 referenda authorized by this Section shall be held
within any 12 month period. No referendum shall be held unless a
petition signed by not less than 10% of the registered voters in the road
district has been filed with the district clerk requesting an increase in
the tax rate limitation for road purposes.
(Source: P.A. 87-768.)
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(605 ILCS 5/6-505) (from Ch. 121, par. 6-505)
Sec. 6-505.
The proposition authorized by Section 6-504 shall be substantially in the
following form:
Shall the present maximum rateof ....% (insert present maximum) ofthe value, as equalized or assessed YESby the Department of Revenue onthe taxable property of ........ Township (or Townships) for roadpurposes be increased to a maximum NOrate (here state proposed increasedrate) on such taxable property?
If a majority of all ballots cast on the proposition
is in favor of the increase in the tax rate, the county clerk shall
certify the results of the election.
If 2 or more proposals are submitted under Section 6-504 at the same
election and more than one of the proposals receives a majority of the
vote, the proposal receiving the greatest number of affirmative votes
shall be the only one in effect.
(Source: P.A. 81-1509.)
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(605 ILCS 5/6-506) (from Ch. 121, par. 6-506)
Sec. 6-506.
The county clerk on and after the filing with him of the
certificate provided for in Section 6-505 by the district clerk shall
for a period of 5 years thereafter extend as taxes the amount certified
by the county board, township board of trustees
or highway board of trustees, as the case may be, which the highway
commissioner
has determined as necessary to be raised by taxation for the proper
construction,
maintenance and repair of the roads of the district as provided in
Section 6-501 at a rate not in excess of the rate approved by the voters
of the district under Sections 6-504 and 6-505 and in no case shall such
taxes so extended exceed .66% of the value, or .94% of the value in
districts with less than $10,000,000 total equalized assessed valuation if
such higher rate has been approved by the voters of the district under
Sections 6-504 and 6-505 at a referendum held in accordance with the
general election law, as
such values are equalized or assessed by
the Department of Revenue of the taxable property of
the district.
If any road district establishes its tax rate limitation for road
purposes on a permanent basis after August 1, 1967, as provided for in
Section 6-504 of the Act, the county clerk shall on a permanent basis
extend as taxes the amount certified by the county board, township board
of trustees or highway
board of trustees, as the case may be, which the highway commissioner
has determined as necessary to be raised by taxation for
the proper construction, maintenance and repair of the roads of the
district.
(Source: P.A. 85-1178.)
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(605 ILCS 5/6-507) (from Ch. 121, par. 6-507)
Sec. 6-507.
All items of tax levy of any district authorized by Sections
6-501, 6-503 and 6-504 of this Code shall be extended by the county
clerk as one tax upon the collector's book and, except as hereinafter
provided in this Section, shall be paid to the treasurer of the district by
the collector as fast as the same is collected, other than such rate per
cent as shall be allowed for collecting the same.
One half the tax required to be levied by Section 6-501 of this Code,
on the property lying within a municipality in which the streets and alleys
are under the care of the municipality shall be paid over to the treasurer
of the municipality, to be appropriated to the improvement of roads or
streets, either within or without the municipality and within the road
district under the direction of the corporate authorities of the
municipality. However, when any of the tax is expended beyond the limits of
the municipality it shall be with the consent of the highway commissioner
of the road district.
If any municipality has not appropriated the taxes received by it as
aforesaid for the improvement of roads or streets within one year from the
date of the receipt thereof, then the unappropriated portion of such taxes
shall forthwith be paid by the Treasurer of such municipality to the
Treasurer of the road district from which such taxes were derived, to be
used and expended for road purposes within such road district.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
Sec. 6-508.
(a) For the purpose of constructing or repairing bridges,
culverts, drainage structures or grade separations, including approaches
thereto, at the joint expense of a county and a road district and
obtaining aid from the county as provided in Section 5-501 of this
Code, there may be included in the annual tax levies provided for in
Section 6-501 of this Code a tax of not to exceed .05% of the value of
all the taxable property in the road district, as equalized or assessed
by the Department of Revenue, which tax shall be in
addition to and may be in excess of the maximum levy and may be extended
at a rate in addition to and in excess of the tax rate for road purposes
authorized under Section 6-501 of this Code.
Such tax, when collected, shall constitute and be held by the
treasurer of the district as a separate fund to be expended for the
construction or repair of bridges, culverts, drainage structures or
grade separations, including approaches thereto, at the joint expense of
the county and the road district. The highway commissioner shall
separately specify in the certificate required by Section 6-501 the
amount necessary to be raised by taxation for the purpose of
constructing or repairing bridges, culverts, drainage structures or
grade separations, including approaches thereto, at the joint expense of
the county and the road district. Upon the approval by the county board
of the amount so certified as provided in Section 6-501 of this Code,
the county clerk shall extend the same against the taxable property of
the road district, provided the amount thus approved shall not be
extended at a rate in excess of .05% of value, as equalized or assessed
by the Department of Revenue.
When any improvement project for which a tax may be levied under this
Section has been ordered as provided in Section 5-501 and the estimated
cost of such project to the road district is in excess of the amount
that will be realized from the annual tax levy authorized by this
Section when extended and collected, then the road district may
accumulate the proceeds of such tax for such number of years as may be
necessary to acquire the funds necessary to pay the district's share of
the cost of such project. 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 required 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 required rate and continues to levy the
maximum allowable amount after the imposition of the property tax
extension limitation. It shall not be a valid objection to any
subsequent tax levy made under this Section that there remains
unexpended money arising from a preceding levy of a prior year because
of the accumulation provided for in this Section.
The rate limitation imposed by this Section may be increased for a 10
year period to up to 0.25% of the value of all the taxable property in
the road district, as equalized or assessed by the Department of Revenue if the
proposition for the increased tax rate is submitted under Sections 6-504 and
6-505 and receives a majority of all ballots cast on the proposition at the
election held under Section 6-505.
(b) All surplus funds remaining in the hands of the treasurer of the road
district after the completion of any construction or repairing of bridges,
culverts, drainage structures or grade separations, including approaches
thereto, under this Section, shall be turned over, at the request of the
highway commissioner, to the regular road fund of the road district. Upon such
request, no further levy under this Section is to be extended by the county
clerk unless the proposition authorizing such further levy is submitted under
Sections 6-504 and 6-505 and receives a majority of all ballots cast on the
proposition at the election held under Section 6-505.
(c) The moneys from this tax may also be used for construction and
maintenance of bridges, culverts and other drainage facilities, or grade
separations, including approaches thereto, on, under, or over the district
roads, without joint county funds being involved and without limitation as to
size of project, but only if adequate funds are available for all projects for
which the road district has petitioned the county for joint participation.
(Source: P.A. 92-268, eff. 1-1-02; 92-800, eff. 8-16-02; 93-164, eff. 7-10-03.)
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(605 ILCS 5/6-508.1) (from Ch. 121, par. 6-508.1)
Sec. 6-508.1.
For the purpose of acquiring machinery and equipment or for
the purpose of acquiring, constructing, or reconstructing buildings for
housing machinery and equipment used in the construction, repair, and
maintenance of township or district roads, or for both those purposes,
the township board of trustees or highway board of trustees, as the case
may be, or the highway commissioner in a county not under township
organization, after a favorable vote as provided in this Section, may
levy an annual tax of not to exceed .035% of the value of all the
taxable property in the road district, as equalized or assessed by the
Department of Revenue. The tax shall be in addition
to and in excess of all other taxes and tax rates that may be levied or
extended for road purposes in a road district under any other Section of
this Code. Any tax levy authorized under this Section shall be
certified to and extended by the county clerk as a separate tax to be
known as the "equipment and building tax" of the road district but
shall not be extended at a rate in excess of .035% of the value of the
taxable property of the district, as equalized or assessed by the
Department of Revenue. The maximum rate for these purposes may be
increased to .10% of the value of the taxable property of the district, as
equalized or assessed by the Department of Revenue, however, when
authorized by a referendum held in accordance with the general election law.
In any county not under township organization, however, the amount of
the levy must first be approved by the county board before
the certification and extension.
The tax, when collected, shall constitute and be held by the
treasurer of the district as a separate fund to be known as the
"equipment and building fund" and shall be expended only for the purpose
or purposes for which it was levied.
The road district shall cause the ordinance or resolution levying the tax
to be published in one or more newspapers published in the district within 10
days after the levy is made. If no newspaper is published in the district,
the ordinance or resolution shall be published in a newspaper having
general circulation within the district. The publication of the ordinance
or resolution shall include a notice of (i) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the district; (ii) the time within
which the petition must be filed; and (iii) the date of the prospective
referendum. The district clerk or secretary shall provide a petition form
to any individual requesting one.
On the petition of 25 or more legal voters of the road district to the
district clerk, the clerk shall order a referendum on the question
of authorizing the levy and extension of an annual tax under this
Section at the next annual town meeting or at an election in accordance
with the general election law. If the referendum is ordered to be held at
the town meeting, the district clerk shall give notice that at the next
annual town meeting the proposition shall be voted upon. The notice shall
set forth the proposition and shall be given by publication in a newspaper
of general circulation in the township and by posting notices in at least
10 of the most public places in the town at least 10 days before the annual
meeting. If the referendum is ordered to be held at an election, the
district clerk shall certify that proposition to the proper election
officials, who shall submit the proposition in accordance with the general
election law. If a majority of the vote cast on the question is in favor of
the tax, then the township board of trustees or highway board of trustees,
as the case may be, or the highway commissioner in a county not under
township organization, may levy an annual tax under this Section.
(Source: P.A. 86-709; 86-1028; 86-1253; 87-768.)
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(605 ILCS 5/6-509) (from Ch. 121, par. 6-509)
Sec. 6-509.
Whenever damages have been allowed for roads or ditches, the
highway commissioner may draw orders on the treasurer, payable only out of
the tax to be levied for such roads or ditches, when the money shall be
collected or received, which orders shall bear interest at the rate of 6%
per annum from the date on which they are issued and may be disposed of by
the highway commissioner in anticipation of the tax to be levied to pay
same, provided that such orders shall not be disposed of at a discount.
The highway commissioner, as soon as the tax levied for the payment of
such orders is collected, shall notify the holder or holders thereof to
offer same for payment; and such orders shall cease to draw any interest
from and after the time that any holder thereof is notified that funds
available for the payment of same is in the hands of the treasurer.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-510) (from Ch. 121, par. 6-510)
Sec. 6-510.
On the petition either of the highway commissioner or of
25 of the legal voters of any district, to the district clerk, he shall
order a referendum on the proposition "Shall bonds for road purposes
be issued to the amount of $....?" at the next annual town meeting, or at
an election in accordance with the general election law.
If the referendum is ordered to be held at the town meeting, the district
clerk shall give notice that at the next annual town meeting the proposition
shall be voted upon. Such notice shall set forth the proposition and shall
be given by publication in a newspaper of general circulation in the township
and by posting notices in at least 10 of the most public places in the town
at least 10 days prior to the annual meeting. If the referendum is ordered
to be held at an election, the district clerk shall certify that proposition
to the proper election officials, who shall submit the proposition to the
voters in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall bonds for road YESpurposes be issued in the amount of $....? NO
If a majority of the legal voters voting on such
question voted in favor of such question, the highway commissioner and
the district clerk shall issue (from time to time as the work
progresses) a sufficient amount of bonds of such district for the
purpose of constructing or repairing roads, bridges, or any other work
incident to the construction thereof, according to the prayer of such
petition, if set out therein.
Such bonds shall be of such denominations, bear such date, maturity,
rate of interest, not exceeding the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
or (ii) 8% per annum
payable annually or
semi-annually, and be payable at such place as the highway commissioner
and clerk shall determine and be disposed of as the necessities and
convenience of such district may require; provided, that such bonds
shall not be sold nor disposed of, either by sale or by payment to
contractors for labor or materials, for less than their par value, and
that such bonds shall be issued in not more than 10 annual series, the
first series of which shall mature not more than 5 years from the date
thereof, and each succeeding series in succeeding years thereafter. Such
bonds may be lithographed and the interest for each year evidenced by
interest coupons thereto attached, which coupons shall be signed with
original or facsimile signatures by the same officers who executed the
bonds.
A register of all issues of such bonds shall be kept in the office of
the county clerk of the county in which such district is located,
showing the date, amount, rate of interest, maturity and the purpose for
which such bonds were issued, which information shall be furnished to
the county clerk, in writing, by the district clerk. Such county clerk
shall extend annually against the taxable property in such road district
a tax sufficient to pay the interest on such bonds in each year prior to
the maturity of such first series and thereafter he shall extend a tax
in each year sufficient to pay each series as it matures, together with
interest thereon and with the interest upon the unmatured bonds
outstanding; provided, that if it has been certified to the county clerk
that funds from other sources have been allocated and set aside for the
purpose of paying the principal or interest, or both, of such bonds, the
county clerk shall, in extending the tax and fixing the rate of tax
under this Section, make proper allowance and reduction in such
extension of tax and tax rate to the extent of the funds so certified to
be available for the payment of such principal or interest, or both.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/6-511) (from Ch. 121, par. 6-511)
Sec. 6-511.
The highway commissioner of any road district may turn over to
any municipality lying wholly within its limits, money from the regular
road taxes, to be used by such municipality within its corporate limits in
the construction, including the separation of grades, of State or county
highways and municipal streets as provided for in Division 2 of Article 7
of this Code, provided the consent of the Department is first obtained
before such money can be turned over to municipalities by such highway
commissioner.
(Source: P.A. 77-511.)
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(605 ILCS 5/6-512) (from Ch. 121, par. 6-512)
Sec. 6-512.
For the purpose of constructing, maintaining and
repairing county unit district roads, bridges and drainage structures
and the acquisition, maintenance, housing and repair of machinery and
equipment, the county board, in any county in which a county unit road
district is established, may levy annual separate taxes upon all taxable
property of the county to be known as the "County Unit Road District
Road Tax" and the "County Unit Road District Bridge Tax". Such taxes
shall be levied and collected as other county taxes, but the road
district taxes shall be in addition to the maximum of all other county
taxes which the county is now or may hereafter be authorized by law to
levy. The tax levies authorized in this Section shall not be extended in
counties having less than 1,000,000 inhabitants at a rate in excess of
.165% for the road tax, unless the maximum rate has been increased as
provided in Section 6-512.1, and .05% for the bridge tax, both figures
based on the value of all the taxable property within the county, as
equalized or assessed by the Department of Revenue, or
.01% in counties having 1,000,000 or more inhabitants, of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property within the county; however, 1/2 of the County Unit
Road District Road tax levied under this Section, on property lying
within a municipality in which the streets and alleys are under the care
of the municipality, shall, when collected, be paid over to the
treasurer of the municipality to be appropriated to the improvement of
roads, streets and bridges therein. In determining the amount of tax
necessary to be raised and levied, the county board shall state
separately the several amounts to be raised and levied for the
construction of roads, the construction and maintenance of bridges and
drainage structures, the purchase of machinery, the repair of machinery,
the oiling of roads and the prevention and extirpation of weeds.
All tax moneys collected as a result of the levies authorized by this
Section shall be deposited in separate county unit road district
accounts known, respectively, as the "county unit road district road
fund" and the "county unit road district bridge and drainage fund". The
county treasurer shall be custodian of these funds, but the road
district funds shall be maintained separate and apart from the general
county fund.
(Source: P.A. 90-655, eff. 7-30-98.)
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(605 ILCS 5/6-512.1) (from Ch. 121, par. 6-512.1)
Sec. 6-512.1.
Upon a petition signed by not less than 5% of the legal voters of a
county having established or establishing a county unit road district
and directed to the county clerk, requesting a referendum on the
question of increasing the rate of the road tax to a rate not exceeding
.33%, the county clerk shall certify that proposition to the proper election
officials who shall submit at an election such proposition to increase the
rate of the road tax. Such election shall be held and notice given in accordance
with the general election law.
The proposition shall be in substantially the following form:
Shall the present maximum rate of.165% of the value as equalized or YESassessed by the Department of Revenueon the taxable property of.... County for county unit road purposes be increasedto a maximum rate (here state proposed NOincreased rate) on such taxable property?
If a majority of all ballots cast on the proposition is
in favor of the increase in the tax rate, the county clerk shall certify
the results of the election to the county board. The county board shall
have authority to levy a tax for the purpose stated after certification,
all other tax levies for township or district road districts or county
unit districts shall be nullified.
(Source: P.A. 81-1509.)
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(605 ILCS 5/6-513) (from Ch. 121, par. 6-513)
Sec. 6-513.
The county board, in any county having the commission
form of government in which a county unit road district is established,
may issue bonds of the county in an amount not exceeding 2.875% of the
value, as equalized and assessed by the Department of Revenue, of the
property in such county or, until January 1, 1983, if
greater, the sum that is produced by multiplying the county's 1978
equalized assessed valuation by the debt limitation percentage in effect
on January 1, 1979, for the purpose of constructing county unit district
roads. However, the question of issuing such county bonds shall first be
submitted to the legal voters of such county at an election. The county
board shall adopt a resolution to
submit the question of issuing such bonds to a vote, specifying therein
the particular roads or bridges to
be constructed, the type of construction to be made on each section of
such roads or on such bridges, the proposed widths of the roadway,
together with an estimate of the cost of such construction. The county
board shall certify the resolution to the proper election officials, who
shall submit at an election such proposition in accordance with the general
election law. Notice of
the referendum shall be given and the referendum shall be held
in accordance with the general election law
of the State. The proposition shall be in substantially
the following form:
Shall county bonds for county YESunit district roads be issued to the amount of $....? NO
If a majority of the voters voting on such question vote in favor of
the proposition, the county board may at once issue the bonds and take
the necessary steps to construct the roads provided for. Such bonds
shall be issued to mature within 20 years from the date of issue, shall
be upon such terms and conditions and shall bear such rate of interest
not in excess of the amount permitted pursuant to "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, as shall be fixed
by the county board. Such bonds
shall be sold upon competitive bids; and the county board may, if it is
of the opinion that the bids are unsatisfactory, reject the same and
re-advertise and solicit other bids. At the time or before issuing any
such bonds, the county board shall adopt a resolution fixing the details
of such bonds and providing for the levy of a direct annual tax to pay
the principal and interest on such bonds as the same become due. A
register of all bonds so issued shall be kept in the office of the
county clerk, and it shall be the duty of the county clerk to annually
extend a tax upon all the taxable property of the county sufficient to
pay the interest and principal on such bonds, as the same shall become
due. Such tax shall not be subject to any limitation as to rate or
amount. However, if it has been certified to the county clerk that funds
from other sources have been allocated and set aside for the purpose of
paying the principal or interest, or both, of such bonds, the county
clerk shall, in extending the tax and fixing the rate of tax under this
Section make proper allowance and reduction in such extension of tax
and tax rate to the extent of the funds so certified to be available for
the payment of such principal or interest, or both.
(Source: P.A. 91-357, eff. 7-29-99.)
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(605 ILCS 5/6-514) (from Ch. 121, par. 6-514)
Sec. 6-514.
Whenever any county has elected to abandon township
organization and the newly elected county board has created road districts
as provided by law, and any township therein which has boundaries that were
the same as the boundaries of a road district so created, has outstanding
bonds for road purposes, and which bonds, or any part thereof, are past due
and no funds are available to pay the same, then such county board may,
upon the petition of the highway commissioner and road district clerk of
such road district, omit the levy of taxes to pay such debts as
contemplated by Section 25-25 of the Township
Code, provided such highway
commissioner and road district clerk shall
proceed to authorize, issue and exchange, as contemplated by Sections 6-515
through 6-522 of this Article of this Code, refunding bonds for such
past due road bonds of the township. When any such refunding bonds are
proposed to be issued, a plan therefor shall be submitted to the county
board and such refunding bonds shall not be issued unless such plan shall
have been approved by such board.
If such refunding bonds shall not have been issued as contemplated by
such plan within one year subsequent to the date of presentation of the
plan to the board, then the county board shall cause taxes to be levied and
extended against all of the taxable property situated within the territory
which previously constituted such township in an amount sufficient to pay
principal of and interest on such past due bonds. However, if the refunding
bonds are issued, then the county board shall not levy taxes to pay such
indebtedness, but the county clerk annually in manner and form provided by
law shall cause taxes to be extended, and same shall be collected in
amounts sufficient to pay such refunding bonds so issued by the highway
commissioner and road district clerk as herein contemplated.
If such highway commissioner and road district clerk petition such board
for authority to issue refunding bonds to take up and retire any bonds
issued by such prior existing township which are not then due, such
officers shall have authority to issue such refunding bonds if the county
board shall find that it is for the best interests of such road district
that same be issued. Such refunding bonds to take up and retire bonds not
then due shall be issued pursuant to procedure similar to that herein
provided for the issuance of refunding bonds to take up and retire past due
bonds.
Nothing herein contained shall be construed to impair the obligation of
outstanding township road bonds.
(Source: P.A. 88-670, eff. 12-2-94.)
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(605 ILCS 5/6-515) (from Ch. 121, par. 6-515)
Sec. 6-515.
The highway commissioner and the road district clerk of any
road district, without submitting the question to the electors thereof for
approval, may authorize by resolution the issuance of refunding bonds (1)
to refund its bonds prior to their maturity; (2) to refund its unpaid
matured bonds; (3) to refund matured coupons evidencing interest upon its
unpaid bonds; (4) to refund interest at the coupon rate upon its unpaid
matured bonds that has accrued since the maturity of those bonds; and (5)
to refund its bonds which by their terms are subject to redemption before
maturity.
The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract, payable
at such time and
place as may be provided in the bond resolution.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/6-516) (from Ch. 121, par. 6-516)
Sec. 6-516.
The resolution authorizing the refunding bonds shall prescribe
all details thereof and shall provide for the levy and collection of a
direct annual tax upon all the taxable property within the road district
sufficient to pay the principal thereof and interest thereon as it matures.
This tax shall be in addition to and exclusive of the maximum of all other
taxes authorized to be levied by the road district. Tax limitations
applicable to the road district provided by other statutes of this State
shall not apply to taxes levied for payment of these refunding bonds.
A certified copy of the bond resolution shall be filed with the county
clerk of the county in which the road district or any portion thereof is
situated, and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
constitution.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-517) (from Ch. 121, par. 6-517)
Sec. 6-517.
The refunding bonds may be exchanged for the bonds to be
refunded on the basis of dollar for dollar for the par value of the bonds,
interest coupons, and interest not represented by coupons, if any, or they
may be sold at not less than their par value and accrued interest. The
proceeds received from their sale shall be used to pay the bonds, interest
coupons, and interest not represented by coupons, if any. This payment may
be made without any prior appropriation therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-518) (from Ch. 121, par. 6-518)
Sec. 6-518.
The refunding bonds shall be of such form and denomination,
payable at such place, bear such date, and be executed by such officials as
may be provided by the highway commissioner and the road district clerk of
the road district in the bond resolution. They shall mature within not to
exceed 20 years from their date, and may be made callable on any interest
payment date at par and accrued interest after notice has been given at the
time and in the manner provided in the bond resolution.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and there is sufficient money on hand to set aside a
sum of money equal to the amount of interest that will accrue on the
refunding bonds, and a sum of money equal to the amount of principal that
will become due thereon, within the next 6 months period, the treasurer of
the road district shall use the money available from the proceeds of taxes
levied for the payment of the refunding bonds in calling them for payment,
if, by their terms, they are subject to redemption. However, a road
district may provide in the bond resolution that, whenever the road
district is not in default in payment of the principal of or interest upon
the refunding bonds and has set aside the sums of money provided in this
paragraph for interest accruing and principal maturing within the next 6
months period, the money available from the proceeds of taxes levied for
the payment of refunding bonds shall be first used in the purchase of the
refunding bonds at the lowest price obtainable, but not to exceed their par
value and accrued interest, after sealed tenders for their purchase have
been advertised for as may be directed by the corporate authorities
thereof.
Refunding bonds called for payment and paid or purchased under this
section shall be marked paid and cancelled.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-519) (from Ch. 121, par. 6-519)
Sec. 6-519.
Whenever any refunding bonds are purchased and cancelled, as
provided in Section 6-518, the taxes thereafter to be extended for payment
of the principal of and interest on the remainder of the issue shall be
reduced in an amount equal to the principal of and the interest that would
have thereafter accrued upon the refunding bonds so cancelled, if a
resolution has been adopted by the highway commissioner and the road
district clerk of the road district finding these facts and a certified
copy of the resolution has been filed with the county clerk specified in
Section 6-516.
Whenever refunding bonds are issued, proper reduction of taxes
theretofore levied for the payment of the bonds refunded and next to be
extended for collection, shall be made by the county clerk upon receipt of
a certificate signed by the clerk of the road district, showing the bonds
refunded and the tax to be abated.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-520) (from Ch. 121, par. 6-520)
Sec. 6-520.
Money which becomes available from taxes that were levied for
prior years for payment of bonds or interest coupons that were paid or
refunded before those taxes were collected, after payment of all warrants
that may have been issued in anticipation of these taxes, shall be placed
in the sinking fund account provided in this section. It shall be used to
purchase, call for payment, or to pay at maturity refunding bonds and
interest thereon as herein provided.
Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the road district, designated the "Refunding Bond and
Interest Sinking Fund Account of ....". This fund shall be applied to the
purchase or payment of refunding bonds and the interest thereon.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the highway commissioner and the
road district clerk of the road district, the money may be invested by the
treasurer of the road district in bonds or other interest bearing
obligations of the United States or in bonds of the State of Illinois, the
maturity date of which securities shall be prior to the due date of any
issue of refunding bonds of the road district. The highway commissioner and
the road district clerk may sell these securities whenever necessary to
obtain cash to meet bond and interest payments.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-521) (from Ch. 121, par. 6-521)
Sec. 6-521.
The highway commissioner and the road district clerk of a road
district may take any action necessary to inform the owners of unpaid bonds
regarding the financial condition of the road district, the necessity of
refunding its unpaid bonds and readjusting the maturities thereof in order
that sufficient taxes may be collected to purchase or pay for the bonds.
The highway commissioner and the road district clerk may enter into any
agreement required to prepare and carry out any refunding plan and, without
any previous appropriation therefor under any budget law, may incur and pay
expenditures necessary in order to accomplish the refunding of the bonds of
the road district.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-522) (from Ch. 121, par. 6-522)
Sec. 6-522.
Sections 6-515 through 6-521 of this Code shall apply to any
road district other than a county unit road district, regardless of the law
under which it is organized and operating, and shall constitute complete
authority for issuing refunding bonds as herein provided without reference
to other laws and shall be construed as conferring powers in addition to,
but not as limiting powers granted under, other laws.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 6 Div. 6 heading) DIVISION 6.
GRAVEL, ROCK, MACADAM AND OTHER TOWNSHIP AND DISTRICT ROAD
IMPROVEMENT BY SPECIAL TAX
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(605 ILCS 5/6-601) (from Ch. 121, par. 6-601)
Sec. 6-601.
(a) On the petition of 25 legal voters of any road district
to the district clerk he shall order a referendum on the proposition for or
against an annual tax not to exceed .167% of the value of the taxable
property, as equalized or assessed by the Department of Revenue, for the
purpose of constructing or maintaining gravel, rock,
macadam or other hard roads, or for improving, maintaining or repairing
earth roads by draining, grading, oil treating or dragging. Such
petition shall state the location and route of the proposed road or
roads, and shall also state the annual rate per cent not exceeding .167%
of the value, as equalized or assessed by the Department of Revenue. The
referendum shall be held at the next annual town meeting, at a special
town meeting called for that purpose, or at an election in
accordance with the general election law. If the referendum is ordered
to be held at the town meeting, or at a special town meeting called for
that purpose, the district clerk shall give notice that
at the next annual town meeting or special town meeting the proposition
shall be voted upon. Such notice shall set forth the proposition and shall
be given by publication in a newspaper of general circulation in the
township and by posting notices in at least 10 of the most public places in
the town at least 10 days prior to the annual or special meeting. If the
referendum is ordered to be held at an election, the district clerk shall
certify that proposition to the proper election officials, who shall submit
the proposition in accordance with the general election law.
The proposition shall be substantially in the following
form:
Shall a special YEStax for road purposes be levied? NO
(b) The preceding rate of .167% of the value of the taxable property,
as equalized or assessed by the Department of Revenue, may be increased to
.25% when authorized by a referendum held in accordance with the general election law.
(Source: P.A. 86-710.)
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(605 ILCS 5/6-602) (from Ch. 121, par. 6-602)
Sec. 6-602.
If a majority of all the ballots cast at such election on such
proposition are in favor of such special tax, then the township board of
trustees or highway board of trustees,
as the case may be, or the
highway commissioner in a county not under township organization of the
road district shall levy an annual tax in accordance with such vote and
certify the same to the county clerk. This certification may occur at any time after the election. That board of trustees or
commissioner shall also cause a copy of such certificate of levy to be
filed in the office of the district clerk as provided in Section 6-502
of this Code. The county clerk shall cause such levy, thus certified to
him to be extended on the tax books for the current year and for each
succeeding year as other taxes are extended. The highway commissioner of
the road district may
also receive donations in money, labor, materials or other valuable
things to aid in such road construction.
Such special tax levy shall remain in effect until repealed by the legal
voters of the road district, as provided in Section 6-617 of this Code.
(Source: P.A. 98-454, eff. 8-16-13.)
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(605 ILCS 5/6-603) (from Ch. 121, par. 6-603)
Sec. 6-603.
The county clerk, when making out the tax books for the
State and county tax for the collector, shall in each year extend the special tax in
separate columns against each taxpayer's name or taxable property in the
district, as other taxes are extended, which shall be collected the same
as State and county taxes, and known as the permanent road fund of the
district; provided that such special tax shall not be extended in any
road district located in any county in which a county unit road district
has been established after the effective date, as provided in Section
6-125 of this Code, upon which the county takes over and becomes
responsible for the construction, maintenance and repair of all county
unit district roads in such county.
(Source: P.A. 81-821.)
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(605 ILCS 5/6-604) (from Ch. 121, par. 6-604)
Sec. 6-604.
The treasurer of the district, before receiving any of such
fund provided for in this Division of this Code, shall execute a good and
sufficient bond, with two or more sureties, to be filed with the district
clerk for the benefit of the district, in double the amount which will
probably come into his hands by virtue of this Division of this Code if
individuals act as sureties on such bond or in the amount only of such
moneys if a surety company authorized to do business in this State acts as
surety on such bonds.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-605) (from Ch. 121, par. 6-605)
Sec. 6-605.
The tax, when collected shall be paid to such treasurer as fast
as collected, except such rate per cent as shall be allowed for collecting
the same and such tax shall be known and kept as the permanent road fund of
the district.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-615) (from Ch. 121, par. 6-615)
Sec. 6-615.
Whenever a special tax shall have been levied under the
provisions of this Division of this Code, the highway commissioner of any
road district may, by agreement with the corporate authorities of any
municipality of less than 20,000 population, extend any road improved under
the provisions of this Division of this Code within or through the
corporate limits of such municipality. The provisions of this Section shall
also apply to any municipality of more than 20,000 population when a
portion of such municipality lies within the road district and the
population of such portion does not exceed 20,000. However, such extension
within such municipality shall be of the same cost and kind of material as
the road outside such municipality, to be paid for out of such special tax
and after completion to be maintained by the corporate authorities of such
municipality at the cost of such municipality.
(Source: Laws 1959, p. 933.)
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(605 ILCS 5/6-616) (from Ch. 121, par. 6-616)
Sec. 6-616.
All surplus funds remaining in the hands of the treasurer of
the district after the completion of the construction of any road provided
for under this Division of this Code, shall be turned over to the regular
road fund of such road district except so much thereof as the highway
commissioner may order retained for the purpose of repairing such permanent
road.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-617) (from Ch. 121, par. 6-617)
Sec. 6-617.
To repeal the special tax, once levied, 25 legal voters of
the road district shall petition the district clerk. Such petition shall
contain a request for a referendum. The district clerk shall order a
referendum on such proposition at the next annual town meeting, or at
an election in accordance with the general
election law. If the referendum is ordered to be held at the town meeting,
the district clerk shall give notice that at the next annual town meeting
the proposition shall be voted upon. Such notice shall set forth the proposition
and shall be given by publication in a newspaper of general circulation
in the township and by posting notices in at least 10 of the most public
places in the town at least 10 days prior to the annual meeting. If the
referendum is ordered to be held at an election, the district clerk shall
certify that proposition to the proper election officials, who shall submit
the proposition in accordance with the general election law.
Provided, that after
a referendum is held in accordance with this Section, at least 12 months
must elapse before another referendum may be held for the same purpose.
The question shall be substantially in the following form:
Shall the special YEStax for road purposes be repealed? NO
If a majority of the vote cast on the question is in favor of such tax,
then the township board of auditors or highway board of auditors, as the
case may be, or the highway board of auditors in counties not under township
organization, may levy an annual tax under the provisions of this Section.
(Source: P.A. 82-11.)
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(605 ILCS 5/6-620) Sec. 6-620. Validation of certain levies. (a) Any road district tax that was authorized by the electors at an annual or special town meeting during the years 1975 through 1979 for a period not exceeding 5 years, but that was not re-authorized within 5 years after it was authorized due to Public Acts 81-779, 81-821, and 81-1509, which repealed the 5-year limitation, is hereby validated for all tax levy years subsequent to 1980 only to the extent that the authority to tax did not automatically expire after 1980. (b) Any road district tax that was levied prior to 1980 shall not be subject to the requirements of subsection (b) of Section 30-20 of the Township Code if that tax was or is: (i) re-authorized by the electors at an annual or | ||
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(ii) levied at least once during the 3-year period | ||
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(Source: P.A. 94-692, eff. 11-3-05.) |
(605 ILCS 5/Art. 6 Div. 7 heading) DIVISION 7.
USE OF MOTOR FUEL TAX FUNDS
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(605 ILCS 5/6-701) (from Ch. 121, par. 6-701)
Sec. 6-701.
Motor fuel tax funds allocated for use in road districts shall be
used for one or more of the purposes stated in Sections 6-701.1 through
6-701.9.
(Source: P.A. 80-691.)
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(605 ILCS 5/6-701.1) (from Ch. 121, par. 6-701.1)
Sec. 6-701.1.
(a) The construction of any township or district road located within the
road district.
(b) The construction of grade separations and approaches thereto which
avoid or replace grade crossings at intersections of township or district
roads and railroad tracks.
The highway commissioners of the several road districts, in cooperation
with the county superintendent of highways of their respective counties,
shall select the roads and grade separations to be constructed with motor
fuel tax funds. In the selection of roads, preference shall be given to
public school bus routes and rural free delivery mail routes. The county
superintendent of highways, in cooperation with the respective highway
commissioners, shall prepare, or cause to be prepared maps showing the
roads and grade separations selected and shall prepare the necessary plans,
specifications and estimates of cost of such construction, all of which
shall be submitted to the Department for approval. The type of construction
selected shall be adequate for present or reasonably anticipated traffic
needs as determined by the county superintendent of highways and the
respective highway commissioners and approved by the Department.
The construction provided for in this Section may be done by contract or
day labor with county or road district equipment and forces as the county
superintendent of highways and the respective highway commissioners may
determine. Contracts shall be advertised for and let by the county board to
the lowest responsible bidder subject to the approval of the highway
commissioner and such contracts also shall be subject to approval by the
Department. The construction work shall be carried on under the immediate
supervision of the highway commissioner and under the general supervision
of the county superintendent of highways and all work upon such projects
shall be subject to approval by the Department.
In any county in which a county unit road district has been created the
county superintendent of highways for such county shall perform all of the
functions of a highway commissioner under this Section with respect to the
district roads in such county.
(Source: P.A. 77-1628.)
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(605 ILCS 5/6-701.2) (from Ch. 121, par. 6-701.2)
Sec. 6-701.2.
Maintenance of any township or district road as defined in Section 2-103
or any grade separation constructed as provided in Section 6-701.1, subject
to the approval of the county superintendent of highways and the
Department.
Maintenance work may be done with county or road district equipment or
forces as the county superintendent of highways and the respective highway
commissioners may determine. If any road or grade separation constructed in
any road district as provided in this Section is not maintained in a manner
satisfactory to the Department and the county, no further funds shall be
expended in such road district until such road or grade separation is so
maintained or provision for such maintenance is made.
(Source: P.A. 78-819.)
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(605 ILCS 5/6-701.3) (from Ch. 121, par. 6-701.3)
Sec. 6-701.3.
Payment of administration and engineering costs which the
county superintendent of highways may incur, with the approval of the
county board, to carry out his duties under the provisions of Sections
6-701.1, 6-701.2 or 6-701.4 of this Code. The administration and
engineering services may be paid out of any funds available in the county
treasury, but not including motor fuel tax funds advanced to the county
under the provisions of Sections 5-701.1 to 5-701.7, inclusive, of this
Code, and reimbursement shall be made either (1) on an actual cost basis of
such administration and engineering services, or (2) on a fixed per cent of
the construction or maintenance costs, such procedure and actual cost basis
or per cent to be subject to approval by the Department.
(Source: Laws 1959, p. 1189.)
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(605 ILCS 5/6-701.4) (from Ch. 121, par. 6-701.4)
Sec. 6-701.4.
With the approval of the Department, the payment of any indebtedness
hereafter incurred in the construction of any road or grade separation
selected under the provisions of Section 6-701.1 as a road or grade
separation to be constructed under Section 6-701.1 and the payment of
engineering costs incurred in connection therewith; but if the road
district desires to use motor fuel tax funds for this purpose it shall
follow the same procedure in expending moneys secured in the creation of
the indebtedness as if the construction was to be paid for directly with
motor fuel tax funds under the provisions of Section 6-701.1.
(Source: P.A. 77-1628.)
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(605 ILCS 5/6-701.5) (from Ch. 121, par. 6-701.5)
Sec. 6-701.5.
Any township may also turn over a portion of the money
allotted to it to a local Mass Transit District if the township is a
participating municipality in such District pursuant to the "Local Mass
Transit District Act" enacted by the Seventy-first General Assembly.
(Source: Laws 1959, p. 1801.)
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(605 ILCS 5/6-701.6) (from Ch. 121, par. 6-701.6)
Sec. 6-701.6.
With the approval of the Department of Transportation, the payment of
the principal and interest on bonds issued for construction or improvement
of township or district roads or grade separations located within the road
district. If the road district desires to use motor fuel tax funds for this
purpose it shall follow the same procedure in expending moneys secured in
the creation of the indebtedness as if the construction or improvement was
to be paid for directly with motor fuel tax funds under the provisions of
Section 6-701.1 of this Code.
(Source: P.A. 78-255.)
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(605 ILCS 5/6-701.7) (from Ch. 121, par. 6-701.7)
Sec. 6-701.7.
The placement, erection and maintenance of signs or surface markings or
both to indicate officially designated bicycle routes along township or
district roads.
(Source: P.A. 77-734.)
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(605 ILCS 5/6-701.8) (from Ch. 121, par. 6-701.8)
Sec. 6-701.8.
The formula allocation for township and road districts for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the highway commissioner, subject
to the conditions set out in Sections 6-301, 6-701.1 and 6-701.2 as
respects the methods, equipment and materials appropriate for such
maintenance or improvement, and, in township counties, with the approval
of the board of town trustees, for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such road improved becomes, by operation of law, a part of the township
and district road system providing such road meets standards as
established by the county. In township counties, the board of town
trustees shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation attributable
to this amendatory Act of 1979 and any subsequent amendatory Act plus
50% of such funds otherwise allocated under the formula as
provided in Section 8 in the "Motor Fuel Tax Law" and subsequently
approved as provided in this Section, may be expended on eligible
nondedicated subdivision roads. Funds may also be derived from other road district sources, not to exceed the amount that would be allocated under the motor fuel tax fund formula.
(Source: P.A. 99-171, eff. 1-1-16.)
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(605 ILCS 5/6-701.9) (from Ch. 121, par. 6-701.9)
Sec. 6-701.9.
The township's share of any project constructed under Section
3-104.3 of this Code.
(Source: P.A. 80-691.)
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(605 ILCS 5/6-702) (from Ch. 121, par. 6-702)
Sec. 6-702.
Payment of money to each county by the Department of Transportation
for the purposes stated in Sections 6-701.1 through 6-701.8, shall be made
as soon as possible after the allotment is made. Such money shall be utilized
by the county in accordance with the needs of the county in a manner satisfactory
to the Department.
However, if any county, after having been given reasonable notice by the
Department, fails to expend motor fuel tax funds in a manner satisfactory
to the Department, no further payment of motor fuel tax funds shall be made
to such county for construction or maintenance purposes until it corrects
its unsatisfactory use of motor fuel tax funds.
(Source: P.A. 78-1252; 78-1274.)
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(605 ILCS 5/Art. 6 Div. 8 heading) DIVISION 8.
PROPERTY ACQUISITION
AND DISPOSITION
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(605 ILCS 5/6-801) (from Ch. 121, par. 6-801)
Sec. 6-801.
The highway commissioner may acquire any lands, rights or other
property necessary for the construction, maintenance or operation of any
township or district road or necessary for the locating, relocating,
widening, altering, extending or straightening thereof, by purchase or gift
or, if the compensation or damages cannot be agreed upon, by the exercise
of the right of eminent domain under the eminent domain laws of this State.
The highway commissioner shall not be required to furnish bond in any
eminent domain proceeding.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-802) (from Ch. 121, par. 6-802)
Sec. 6-802.
When the highway commissioner deems it necessary to build,
widen, alter, relocate or straighten any ditch, drain or watercourse in
order to drain or protect any road or road structure he is authorized to
construct, maintain or operate, or when he deems it necessary to acquire
materials for the construction, maintenance or operation of any such road,
he may acquire the necessary property, or such interest or right therein as
may be required, by gift or purchase or, if the compensation or damages
cannot be agreed upon, by the exercise of the right of eminent domain under
the eminent domain laws of this State. The highway commissioner shall not
be required to furnish bond in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-803) (from Ch. 121, par. 6-803)
Sec. 6-803.
For the purpose of making surveys and the determination of the
amount of property necessary to be taken or damaged in connection with any
township or district road project, the highway commissioner, his agents or
employees, after notice to the owner, may enter upon the lands or waters of
any person or corporation, but subject to responsibility for all damages
that may be occasioned thereby.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-803.1) (from Ch. 121, par. 6-803.1)
Sec. 6-803.1.
Surplus public real estate.
A road district may sell surplus
real estate owned by the district as provided in this Section.
(a) In road districts in counties under township organization, at
an annual or special township meeting the electors of the road district by
resolution may authorize the sale of surplus public real estate owned by the
road district. The value of the real estate shall be determined by a written
MAI certified appraisal or by a written certified appraisal of a State
certified or licensed real estate appraiser. The appraisal shall be
available for public inspection. The resolution may direct the sale to be
conducted by the highway commissioner or a person designated by the highway
commissioner or by listing the real estate with local licensed
real estate agencies (in which case the terms of the agent's compensation
shall be included in the resolution). The resolution shall be published at
the first opportunity following passage in a newspaper published in the
road district or, if there is none, then in a newspaper published in
the county in which the road district is located. The resolution shall also
contain pertinent information concerning the size, use, and zoning of the real
estate and the terms of sale. The highway commissioner may accept any contract
proposal he determines to be in the best interest of the township, but in no
event shall the real estate be sold at a price less than 80% of its appraised
value.
(b) In road districts in counties not under township organization,
the highway commissioner may sell surplus public real estate owned by the road
district. The value of the real estate shall be determined by a written MAI
certified appraisal or by a written certified appraisal of a State certified or
licensed real estate appraiser. The appraisal shall be available for public
inspection. The sale may be conducted by the highway commissioner or a person
designated by the highway commissioner or by listing the real estate
with local licensed real estate agencies. A notice of the highway
commissioner's intent to sell the real estate shall be published at the first
opportunity in a newspaper published in the road district or, if there is none,
then in a newspaper published in the county in which the road district is
located. The notice shall also contain pertinent information concerning the
size, use, and zoning of the real estate and the terms of sale (including the
terms of the real estate agent's compensation, if applicable). The highway
commissioner may accept any contract proposal he determines to be in the best
interest of the road district, but in no event shall the real estate be sold at
a price less than 80% of its appraised value.
(Source: P.A. 87-1208.)
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(605 ILCS 5/6-804) (from Ch. 121, par. 6-804)
Sec. 6-804.
When in any county a county unit road district has been
created, the county has the powers provided in Division 8 of Article 5 of
this Code to acquire property and rights therein for district road
purposes.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-805)
Sec. 6-805.
Township road districts.
Township road districts may acquire
the fee simple title, or any lesser interest the district desires, to any land,
rights, or other property incidental to road district purposes by purchase or
gift.
(Source: P.A. 90-439, eff. 8-16-97.)
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(605 ILCS 5/Art. 6 Div. 9 heading) DIVISION 9.
STATE FUNDING OF ROAD DISTRICT BRIDGES
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(605 ILCS 5/6-901) (from Ch. 121, par. 6-901) (Text of Section from P.A. 103-605) Sec. 6-901. Annually, the General Assembly shall appropriate to the Department of Transportation from the Road Fund, the General Revenue Fund, any other State funds, or a combination of those funds, $60,000,000 for apportionment to counties for the use of road districts for the construction of bridges 20 feet or more in length, as provided in Sections 6-902 through 6-905. The Department of Transportation shall apportion among the several counties of this State for the use of road districts the amounts appropriated under this Section. The amount apportioned to a county shall be in the proportion which the total mileage of township or district roads in the county bears to the total mileage of all township and district roads in the State. Each county shall allocate to the several road districts in the county the funds so apportioned to the county. The allocation to road districts shall be made in the same manner and be subject to the same conditions and qualifications as are provided by Section 8 of the Motor Fuel Tax Law with respect to the allocation to road districts of the amount allotted from the Motor Fuel Tax Fund for apportionment to counties for the use of road districts, but no allocation shall be made to any road district that has not levied taxes for road and bridge purposes and for bridge construction purposes at the maximum rates permitted by Sections 6-501, 6-508, and 6-512 of this Act, without referendum. "Road district" and "township or district road" have the meanings ascribed to those terms in this Act. Road districts in counties in which a property tax extension limitation is imposed under the Property Tax Extension Limitation Law that are made ineligible for receipt of this appropriation due to the imposition of a property tax extension limitation may become eligible if, at the time the property tax extension limitation was imposed, the road district was levying at the required rate and continues to levy the maximum allowable amount after the imposition of the property tax extension limitation. The road district also becomes eligible if it levies at or above the rate required for eligibility by Section 8 of the Motor Fuel Tax Law. The amounts apportioned under this Section for allocation to road districts may be used only for bridge construction as provided in this Division. So much of those amounts as are not obligated under Sections 6-902 through 6-904 and for which local funds have not been committed under Section 6-905 within 48 months of the date when such apportionment is made lapses and shall not be paid to the county treasurer for distribution to road districts.(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.) (Text of Section from P.A. 103-853) Sec. 6-901. Annually, the General Assembly shall appropriate to the Department of Transportation from the Road Fund, the General Revenue Fund, or any other State funds, or a combination of those funds, $60,000,000 for apportionment to counties for the use of road districts for the construction of bridges 20 feet or more in length, as provided in Sections 6-902 through 6-907. The Department of Transportation shall apportion among the several counties of this State for the use of road districts the amounts appropriated under this Section. The amount apportioned to a county shall be in the proportion which the total mileage of township or district roads in the county bears to the total mileage of all township and district roads in the State. Each county shall allocate to the several road districts in the county the funds so apportioned to the county. The allocation to road districts shall be made in the same manner and be subject to the same conditions and qualifications as are provided by Section 8 of the Motor Fuel Tax Law with respect to the allocation to road districts of the amount allotted from the Motor Fuel Tax Fund for apportionment to counties for the use of road districts, but no allocation shall be made to any road district that has not levied taxes for road and bridge purposes in such a manner that is eligible for allotment of Motor Fuel Tax funding pursuant to Section 8 of the Motor Fuel Tax Law. "Road district" and "township or district road" have the meanings ascribed to those terms in this Act. Road districts in counties in which a property tax extension limitation is imposed under the Property Tax Extension Limitation Law that are made ineligible for receipt of this appropriation due to the imposition of a property tax extension limitation may become eligible if, at the time the property tax extension limitation was imposed, the road district was levying at the required rate and continues to levy the maximum allowable amount after the imposition of the property tax extension limitation. The road district also becomes eligible if it levies at or above the rate required for eligibility by Section 8 of the Motor Fuel Tax Law. The amounts apportioned under this Section for allocation to road districts may be used only for bridge construction as provided in this Division. So much of those amounts as are not obligated under Sections 6-902 through 6-904 and for which local funds have not been committed under Section 6-905 within 48 months of the date when such apportionment is made lapses and shall not be paid to the county treasurer for distribution to road districts.(Source: P.A. 103-8, eff. 6-7-23; 103-853, eff. 8-9-24.) |
(605 ILCS 5/6-902) (from Ch. 121, par. 6-902)
Sec. 6-902.
The highway commissioners of the several road districts,
in cooperation with the county superintendent of highways of their respective
counties, shall select the bridges to be constructed with moneys allocated
under Section 6-901. In the selection of
bridges, the highest priority shall be given to the safe and expeditious
transportation of school pupils. The second priority shall be the movement
of agricultural equipment and products; the third priority shall be given rural
free delivery mail routes; and, the fourth priority shall be meeting the
anticipated traffic needs of the general public. The county superintendent
of highways, in cooperation
with the respective highway commissioners, shall prepare, or cause to be prepared maps
showing the bridges selected and shall prepare or cause to be prepared the
necessary plans, specifications and estimates of cost of such construction, all
of which shall be submitted to the Department for approval. The type of
construction selected shall be adequate for present or reasonably anticipated
traffic needs as determined by the county superintendent of highways and the
respective highway commissioners and approved by the Department.
(Source: P.A. 79-1491.)
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(605 ILCS 5/6-903) (from Ch. 121, par. 6-903)
Sec. 6-903.
With the approval of the Department,
a road district may use funds allocated under Section 6-901 for the payment
of any indebtedness incurred after the effective date of this amendatory
Act of 1976, in the construction of any bridge selected under Section 6-902
as a bridge to be constructed under Section 6-902 and the payment of
engineering costs incurred in connection therewith; but if the road
district desires to use such allocated funds for this purpose it shall follow
the same procedure in
expending moneys secured in the creation of the indebtedness as if the
construction was to be paid for directly with funds under Section 6-902.
(Source: P.A. 79-1491.)
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(605 ILCS 5/6-904) (from Ch. 121, par. 6-904)
Sec. 6-904.
The Department of
Transportation shall notify the county superintendent of highways of each
county of the apportionment and allotment under Section 6-901 for the purposes
stated in Sections 6-901, 6-902 and 6-903, as soon as possible after the
allotment is made. Any payment made pursuant to such apportionment may
be utilized by the county in accordance with the needs of the county in a
manner satisfactory to the Department. However, if any county, after
having been given reasonable notice by
the Department, fails to expend such
funds in a manner
satisfactory to the Department, no further payment of such funds shall be
made to such county for bridge construction purposes until it corrects its
unsatisfactory use of such funds.
(Source: P.A. 79-1491.)
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(605 ILCS 5/6-905) Sec. 6-905. (Repealed).(Source: P.A. 81-1509. Repealed by P.A. 103-853, eff. 8-9-24.) |
(605 ILCS 5/6-906) (from Ch. 121, par. 6-906) Sec. 6-906. So much of the amount apportioned to a county under Section 6-901 that is obligated under Sections 6-902 through 6-904 and for which local funds have been committed under Section 6-905, within 4 years from the date the apportionment is made, shall, upon certification by the Department, be paid to the county treasurer, who shall apply those funds to the payment of such obligations. Any funds allocated to a county under Section 6-901 that are not obligated within 48 months under Sections 6-902 through 6-904 shall be considered lapsed funds and reappropriated in the same fund.(Source: P.A. 103-853, eff. 8-9-24.) |
(605 ILCS 5/Art. 7 heading) ARTICLE 7.
MUNICIPAL ADMINISTRATION OF STREETS
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(605 ILCS 5/Art. 7 Div. 1 heading) DIVISION 1.
GENERAL POWERS
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(605 ILCS 5/7-101) (from Ch. 121, par. 7-101)
Sec. 7-101.
Streets and alleys, including bridges and other structures,
which are or will become part of the municipal street system may be laid
out, established, constructed, reconstructed, altered, widened, relocated,
improved, maintained, repaired and vacated by the respective municipalities
in the manner provided in the Illinois Municipal Code, as heretofore or
hereafter amended; provided that the Department and counties may locate
and extend State and county highways into or through a municipality in the
manner provided in this Code. In addition to the powers granted to
municipalities by the Illinois Municipal Code, municipalities have powers
granted and duties imposed by this Code. A municipality shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system, in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster as defined by the Illinois Emergency Management Agency Act.
As used in this Section, "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow. (Source: P.A. 103-373, eff. 1-1-24.)
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(605 ILCS 5/Art. 7 Div. 2 heading) DIVISION 2.
USE OF MOTOR FUEL TAX FUNDS
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(605 ILCS 5/7-202) (from Ch. 121, par. 7-202)
Sec. 7-202.
Motor fuel tax funds allotted to the several municipalities
shall be used for one or more of the purposes stated in Sections 7-202.1
through 7-202.22.
(Source: P.A. 85-1010.)
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(605 ILCS 5/7-202.1) (from Ch. 121, par. 7-202.1)
Sec. 7-202.1.
The construction and maintenance of State highways in the
municipality, or the maintenance of federal secondary highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/7-202.1a) (from Ch. 121, par. 7-202.1a)
Sec. 7-202.1a.
The construction and maintenance of county highways and
county highway extensions in the municipality.
(Source: Laws 1965, p. 427.)
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(605 ILCS 5/7-202.1b) (from Ch. 121, par. 7-202.1b)
Sec. 7-202.1b.
Construction and maintenance of any municipal street designated as a
part of the federal aid primary, or the federal aid urban
system of streets within the municipality.
(Source: P.A. 85-1010.)
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(605 ILCS 5/7-202.1c) (from Ch. 121, par. 7-202.1c)
Sec. 7-202.1c.
Twenty-five percent of all funds received pursuant to
the Motor Fuel Tax Law by municipalities over 500,000 population shall be
expended only for the reconstruction, maintenance, repair or
improvement of non-arterial residential
streets.
(Source: P.A. 83-1363.)
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(605 ILCS 5/7-202.2) (from Ch. 121, par. 7-202.2)
Sec. 7-202.2.
The construction and maintenance of municipal streets and
alleys as may be designated by the corporate authorities and approved by
the Department.
(Source: P.A. 78-1274.)
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(605 ILCS 5/7-202.3) (from Ch. 121, par. 7-202.3)
Sec. 7-202.3.
The construction and maintenance of extensions of municipal
streets outside the corporate limits of the municipality, including parts
of such streets that extend into another municipality if such construction
and maintenance is done pursuant to an agreement between the
municipalities.
(Source: P.A. 78-1252; 78-1274.)
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(605 ILCS 5/7-202.4) (from Ch. 121, par. 7-202.4)
Sec. 7-202.4.
The construction and maintenance of extensions of municipal
streets within the corporate limits of any park district whose territorial
limits are coterminous with the territorial limits of the municipality.
(Source: P.A. 76-371.)
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(605 ILCS 5/7-202.5) (from Ch. 121, par. 7-202.5)
Sec. 7-202.5.
The construction or maintenance, or both, on municipal
streets on which such construction is authorized by law, of:
(a) Official traffic control signals, or
(b) Permanently mounted school crossing signals meeting the warrants and
conforming to the specifications contained in the Manual authorized by
Section 11-301 of The Illinois Vehicle Code.
(Source: P.A. 76-2257.)
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(605 ILCS 5/7-202.6) (from Ch. 121, par. 7-202.6)
Sec. 7-202.6.
The construction, reconstruction,
maintenance and operation of street lighting systems on improved municipal
streets, county
highways or State highways and streets or thoroughfares constructed and
paid for by special assessments levied under Division 2 of Article 9 of the
Illinois Municipal Code, as heretofore or hereafter amended, within the
municipality, where such improvement has been authorized by the Department.
(Source: P.A. 79-418.)
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(605 ILCS 5/7-202.7) (from Ch. 121, par. 7-202.7)
Sec. 7-202.7.
Construction or maintenance of storm sewers-Municipal streets-County
highways-State highways.) The construction or maintenance of storm sewers and
appurtenances thereto, or combination storm and sanitary sewers and
appurtenances thereto where legally authorized, on municipal streets,
county highways or State highways, within the municipality
or outside the municipality to the nearest suitable drainage course.
(Source: P.A. 79-539.)
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(605 ILCS 5/7-202.8) (from Ch. 121, par. 7-202.8)
Sec. 7-202.8.
The construction, reconstruction and maintenance of
pedestrian subways or over head crossings under or over municipal streets,
county highways or State highways in the municipality; provided the
Department finds that traffic conditions warrant such construction,
reconstruction or maintenance.
(Source: P.A. 76-371.)
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(605 ILCS 5/7-202.10) (from Ch. 121, par. 7-202.10)
Sec. 7-202.10.
The payment of the municipality's share, not to exceed 50%, of
the cost of any federal aid transportation project either now existing or
hereafter established within the corporate limits of the municipality, which
payments shall be used to match funds allotted to the State for the
construction of those federal aid transportation projects.
(Source: P.A. 88-580, eff. 1-1-95.)
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(605 ILCS 5/7-202.11) (from Ch. 121, par. 7-202.11)
Sec. 7-202.11.
The payment for investigations requisite to determine the
reasonably anticipated need for any of the work described in this Division.
Such investigations may include, but shall not be limited to, the making of
traffic surveys, the study of transportation facilities, research
concerning the development of the several areas within the municipality and
contiguous territory as affected by growth and changes in population and
economic activity and the collection and review of data relating to all
factors affecting the judicious planning of construction, reconstruction,
improvement and maintenance of highways. The investigations for which any
such payments are made may also be conducted in cooperation with other
municipalities, counties, the State of Illinois, the United States, other
states of the United States, agencies of any such governments or other
persons in pursuance of agreements to share the costs thereof and authority
to enter into such agreements is hereby conferred upon municipalities.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/7-202.12) (from Ch. 121, par. 7-202.12)
Sec. 7-202.12.
The payment of engineering costs in connection with all work
described in this Division of this Code. The municipality may contract for
such services with any Professional Engineer.
(Source: P.A. 77-1371.)
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(605 ILCS 5/7-202.13) (from Ch. 121, par. 7-202.13)
Sec. 7-202.13.
The payment of any municipal indebtedness which has been or
may be incurred in the completion of any improvement or maintenance
described in this Division, or in the payment of engineering costs in
connection therewith.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)
Sec. 7-202.14.
Any municipality may by ordinance of the corporate
authorities turn over a portion of its allotment to:
(a) a local Mass Transit District if the municipality created such a
District pursuant to the "Local Mass Transit District Act", approved July
21, 1959, as now or hereafter amended;
(b) a local Transit Commission if the municipality established such
commission pursuant to Section 14-101 of The Public Utilities Act; or
(c) the Chicago Transit Authority established pursuant to the
"Metropolitan Transit Authority Act", approved April 12, 1945, as now or
hereafter amended.
(Source: P.A. 85-1209.)
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(605 ILCS 5/7-202.15) (from Ch. 121, par. 7-202.15)
Sec. 7-202.15.
The construction, maintenance, or repair of sidewalks or other
pedestrian paths located within the right of way of any street in the
municipality.
(Source: P.A. 88-580, eff. 1-1-95.)
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(605 ILCS 5/7-202.16) (from Ch. 121, par. 7-202.16)
Sec. 7-202.16.
The payment for engineering studies for and studies to
determine the feasibility of constructing a toll bridge to cross a river
within this State or forming a border between this and another State. If
bonds are issued for construction of such a toll bridge, however, the
proceeds from the sale of those bonds shall first be applied to return to
the motor fuel tax funds the amount of the payment made under this Section.
(Source: Laws 1967, p. 393.)
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(605 ILCS 5/7-202.17) (from Ch. 121, par. 7-202.17)
Sec. 7-202.17.
Any municipality may also by ordinance use motor fuel tax funds to acquire property for the purpose of providing off street parking
and to construct and maintain such parking areas. Any revenue derived from
the use of those parking lots shall, however, be used to maintain those
lots before motor fuel tax funds may be used for such maintenance. Any
surplus funds received from parking lots may also be used to acquire,
construct and maintain additional parking areas as needed. Surplus funds
not needed for these purposes shall be used to reimburse the motor fuel tax
account for funds originally advanced.
(Source: Laws 1968, p. 408.)
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(605 ILCS 5/7-202.18) (from Ch. 121, par. 7-202.18)
Sec. 7-202.18.
The payment of the principal and interest on bonds issued for
construction or improvement of highways within the municipality.
(Source: P.A. 78-255.)
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(605 ILCS 5/7-202.19) (from Ch. 121, par. 7-202.19)
Sec. 7-202.19.
Any municipality may also by ordinance use motor fuel tax funds for
operation and maintenance of motor vehicle safety inspection lanes, when
such lanes are of a permanent nature and in operation on a regular basis
throughout the year.
(Source: P.A. 76-2258.)
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(605 ILCS 5/7-202.20) (from Ch. 121, par. 7-202.20)
Sec. 7-202.20.
Any municipality may also by ordinance use motor fuel tax
funds to place, erect, and maintain signs or surface markings or both to
indicate officially designated bicycle routes along streets within the
municipality. In addition, a municipality may use motor fuel tax funds for the
construction and maintenance of bicycle paths, lanes, or bicycle parking
facilities within the municipality.
(Source: P.A. 88-580, eff. 1-1-95.)
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(605 ILCS 5/7-202.21) (from Ch. 121, par. 7-202.21)
Sec. 7-202.21.
The construction and maintenance of grade separations and approaches
thereto which replace or avoid grade crossings at intersections of
municipal streets and railroad tracks.
(Source: P.A. 77-1849.)
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(605 ILCS 5/7-202.21a) (from Ch. 121, par. 7-202.21a)
Sec. 7-202.21a.
The formula allocation for municipalities for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the municipal authority
for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such improved road becomes, by operation of law, a part of the municipal
street system of such municipality. The municipal authority
shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation
of such funds allocated under the formula as provided in Section 8 in the
"Motor Fuel Tax Law" which is attributable to this amendatory Act and any
subsequent amendatory Act and subsequently approved as provided in this
Section may be expended on eligible nondedicated subdivision roads.
(Source: P.A. 86-447.)
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(605 ILCS 5/7-202.22) (from Ch. 121, par. 7-202.22)
Sec. 7-202.22.
If the formula for the distribution of motor fuel tax
funds, provided for in Section 8 of the "Motor Fuel Tax Law", approved
March 25, 1929, as amended, is changed from that in effect on January 1, 1974, so that the
percentage allocated for use in municipalities is increased, the amount of
any such increase received by a municipality having 500,000 or more
inhabitants shall be expended only for the construction, reconstruction, or
improvement of unimproved or partially improved nonarterial residential
streets.
(Source: P.A. 78-1252)
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(605 ILCS 5/7-203) (from Ch. 121, par. 7-203)
Sec. 7-203.
The corporate authorities of the municipality shall from time
to time pass ordinances or resolutions stating specifically the purpose or
purposes for which motor fuel tax funds shall be used and such ordinances
or resolutions shall be subject to the approval of the Department.
In case motor fuel tax funds are to be used for construction, the
ordinance or resolution shall specify the location, type or types, length
and width of the proposed construction and the portion of the construction
for which these funds are to be used, which portion, subject to the
approval of the Department, may be part or all as the municipality may
elect. Such construction shall be either with or without continuous grade
separation, and of such type and not to exceed such width as is required,
in the judgment of the municipality and the Department, to care for traffic
and parking needs. When the ordinance or resolution has been approved by
the Department, the municipality may cause surveys, plans, specifications
and estimates of such construction to be made and submitted to the
Department for approval.
Whenever the corporate authorities or a municipality determine that any
construction consisting of paving, repaving, altering, opening, widening or
otherwise improving any such streets or State highways shall be performed
and that a portion of the cost thereof shall be raised by the assessment of
property specially benefited, the construction shall be performed pursuant
to Division 2 of Article 9 of the Illinois Municipal Code, as now or
hereafter amended; provided that, as between 2 State highway projects or
between 2 municipal street projects or between any other 2 projects of the
same designation, so far as practicable, priority in the allocation of
motor fuel tax funds received from the State shall be given the project for
which a portion of the cost is to be raised by assessment of property
specially benefited.
The municipality may advertise for bids and let contracts for all
construction to the lowest responsible bidder; or, with the approval of the
Department, may do the work itself through its officers, agents and
employees. No contract shall be let without the approval of the Department,
nor shall bids be advertised for until the surveys, plans, specifications
and estimates have been approved by the Department. All work shall be
performed in accordance with the approved ordinances or resolutions, plans,
specifications, and contracts, as the case may be, and the Department shall
inspect the work to such degree as may be necessary to insure compliance
with this provision.
(Source: P.A. 77-1371.)
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(605 ILCS 5/7-203.1) (from Ch. 121, par. 7-203.1)
Sec. 7-203.1.
The corporate authorities of the municipality may adopt ordinances or
resolutions outlining a motor fuel tax highway program for the ensuing year
which shall include all proposed uses of motor fuel tax funds by the
municipality for the purposes permitted in Section 7-202, in a format
established by the Department in cooperation with the municipalities.
The program shall be submitted by the municipality to the Department.
The uses of motor fuel tax funds as listed in the program are subject to
the approval of the Department. The program may be amended from time to
time by the corporate authorities of the municipality by ordinance or
resolution which shall be submitted to the Department.
The municipality, with the approval of the Department, may do the work
itself through its officers, agents, and employees. No advertisement to
receive construction contract bids shall be made until surveys, plans, and
estimates have been approved by the Department except as provided in
Section 7-203.2.
Whenever the corporate authorities of a municipality determine that any
construction consisting of paving, repaving, altering, opening, widening or
otherwise improving any such streets or State highways shall be performed
and that a portion of the cost thereof shall be raised by the assessment of
property specially benefited, the construction shall be performed pursuant
to Division 2 of Article 9 of the Illinois Municipal Code, as now or
hereafter amended. However, as between 2 State highway projects or between
2 municipal street projects or between any other 2 projects of the same
designation, so far as practicable, priority in the allocation of motor
fuel tax funds received from the State shall be given the project for which
a portion of the cost is to be raised by assessment of property specially
benefited.
(Source: P.A. 77-1371.)
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(605 ILCS 5/7-203.2) (from Ch. 121, par. 7-203.2)
Sec. 7-203.2.
The municipality shall also have the authority upon the Department
satisfying itself that (1) the municipality has complied with the
requirements of Section 7-301, and (2) has appointed a full time city or
public engineer and (3) that the city or public engineer's office in the
municipality is adequately organized, staffed, equipped and financed to
discharge satisfactorily the duties and requirements of this Section to
construct and maintain streets or highways or sections of highways when
such projects are financed, in whole or in part, with any motor fuel tax
street or road funds received from the State except Federal-aid funds,
without the approval and supervision of the Department, provided the
municipality enters into an agreement of understanding with the Department.
The Department, in cooperation with the municipality, shall establish the
terms of the agreement of understanding to assure that the funds are
expended within the intent of the law and under the rules and regulations
deemed necessary by the Department. The approval and supervision of the
Department may be required anew if the Department deems that the
municipality, which was exempted from such supervision and approval, has
not satisfactorily complied with the terms of the agreement of
understanding.
(Source: P.A. 77-1371.)
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(605 ILCS 5/7-204) (from Ch. 121, par. 7-204)
Sec. 7-204.
Payment of motor fuel tax funds by the Department of Transportation to
the municipality for the purposes stated in Sections 7-202.1 through
7-202.22 shall be made as soon as possible after the allotment is made.
Such money shall be utilized by the municipality in accordance with the
needs of the municipality in a manner satisfactory to the Department.
However, if any municipality, after having been given reasonable notice
by the Department fails to expend motor fuel tax funds in a manner
satisfactory to the Department or fails to have construction contracts
approved by the Department, no further payment of motor fuel tax funds
shall be made to such municipality for construction or maintenance purposes
until it corrects its unsatisfactory use of motor fuel tax funds or secures
approval of construction contracts by the Department.
(Source: P.A. 85-1010.)
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(605 ILCS 5/Art. 7 Div. 3 heading) DIVISION 3.
PLANNING AND PROGRAMMING
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(605 ILCS 5/7-301) (from Ch. 121, par. 7-301)
Sec. 7-301.
In order to properly plan the utilization of motor fuel tax funds each
municipality of over 5,000 population, but less than 1,000,000 population, shall be required to develop and
update a long-range highway transportation plan for a period not to exceed 20 years. The plan shall
contain an estimate of revenues which will become available during that
period and a statement of intention with respect to the construction,
maintenance, and other related work to be done insofar as it is possible to
make such estimates. In addition, the long-range plan shall show the
location of existing municipal streets and the general corridors of future
highways, the projected future traffic usage on each street for the duration of the plan, a tabulation showing the design standards and the geometric
features associated with different levels of traffic usage, and a listing
of the major improvements anticipated with the
plan. A copy of the plan shall be made publicly available. The initial plan
shall be on file with the designated agencies by July 1, 1971 and shall be
updated and made publicly available on an annual basis thereafter.
(Source: P.A. 100-476, eff. 6-1-18.)
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(605 ILCS 5/Art. 8 heading) ARTICLE 8.
FREEWAYS
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(605 ILCS 5/8-101) (from Ch. 121, par. 8-101)
Sec. 8-101.
The Department, the county board of any county, or the
corporate authorities of any municipality are hereby authorized, when the
safety and convenience of highway traffic will be promoted and the public
interest subserved thereby, to designate and establish any existing or
proposed highway under each of their respective jurisdiction and control
and for the maintenance of which any one of which aforesaid governmental
authorities is or will be wholly responsible as a freeway, and to plan,
locate, relocate, construct, reconstruct, maintain, alter, improve, vacate
and regulate the use of such freeway in the same manner as they now are or
hereafter may be authorized by law relating to highways under their
respective jurisdiction and control. The Department, the county board of
any county, or the corporate authorities of any municipality are further
authorized to include in the foregoing freeway designation such related
portions of intersecting highways, roads, streets and other public ways not
under their jurisdiction and control and for the maintenance of which they
are not wholly responsible, as require such designation to promote the
safety and convenience of highway traffic.
(Source: Laws 1965, p. 978.)
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(605 ILCS 5/8-102) (from Ch. 121, par. 8-102)
Sec. 8-102.
When an existing highway has been designated and established as
a freeway as provided in this Article, no owner of or person having
interest in land abutting such freeway shall lay out, provide or construct
any new means or enlarge or extend any existing means of ingress to or
egress from said abutting land from or to the freeway except upon written
consent of the Department, any county board or the corporate authorities of
any municipality, as the case may be, and the Department, county board, or
the corporate authorities of any municipality, as the case may be, shall
have full authority to deny their respective consent or to specify and
enforce the terms and conditions under which new means of ingress or egress
may be provided or existing means enlarged or extended. The Department, the
county board, or the corporate authorities of any municipality, as the case
may be, shall also have authority to extinguish by purchase or condemnation
any existing rights or easements of access, crossing, light, air or view
to, from or over the freeway vested in abutting land, in the same manner as
the Department, county board, or corporate authorities of any municipality
now is or hereafter may be authorized by law to acquire private property
and property rights in connection with highways under their respective
jurisdiction and control.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/8-103) (from Ch. 121, par. 8-103)
Sec. 8-103.
When a proposed highway is designated and established as a
freeway as provided in this Article, the Department, the county board, or
the corporate authorities of any municipality shall have the right to
acquire by purchase or condemnation, in the manner the Department, county
board, or corporate authorities of any municipality now is or hereafter may
be authorized by law, all property and property rights necessary for the
location, construction, maintenance and use of such freeway, including any
rights or easements of access, crossing, light, air or view to, from or
over the freeway vested in property not so taken and abutting the freeway.
However, the Department, county board, or corporate authorities of any
municipality, as the case may be, may designate by agreement or stipulation
points at which access will be permitted from the abutting property to the
freeway and specify and enforce the terms and conditions thereof.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/8-104) (from Ch. 121, par. 8-104)
Sec. 8-104.
Whenever property held under one ownership is severed by a
freeway, the Department, the county board, or the corporate authorities of
any municipality, as the case may be, may grant a limited or restricted
easement permitting crossing of the freeway at a designated location and
under specified terms and conditions to be used solely for passage from one
severed tract to the other. If such severed tracts at any time cease to be
held under one ownership, the Department, county board, or corporate
authorities of any municipality, as the case may be, may terminate and
revoke such easement.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/8-105) (from Ch. 121, par. 8-105)
Sec. 8-105.
In connection with the development of any freeway, the
Department, the county board, or the corporate authorities of any
municipality, as the case may be, is authorized, when traffic conditions
justify, to lay out and construct local service drives or to designate
existing highways or streets as local service drives to provide access to
the freeway from adjacent areas at entrances provided for that purpose by
the Department, county board, or the corporate authorities of any
municipality or to provide access to any existing highway, road, street,
alley or other public way from adjacent areas. Such local service drives
shall be of appropriate design and construction and shall be separated from
the freeway by parkways, curbs or other effective devices.
(Source: Laws 1965, p. 2825.)
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(605 ILCS 5/8-106) (from Ch. 121, par. 8-106)
Sec. 8-106.
When as a result of an engineering and traffic study it is
determined that it is necessary to traffic safety and convenience, the
Department, or county board of any county may:
(a) Relocate the crossing or junction at grade of the freeway with any
existing highway, road, street, alley or other public way or eliminate such
crossing or junction at grade by carrying such public way over or under the
freeway or by connecting it to a local service drive and may relocate or
alter any such intersecting public ways in such manner as is necessary
thereto. The Department, or county board, shall have the right to acquire
by purchase or condemnation, in the manner the Department or county board
now is, or hereafter may be authorized by law, all property and property
rights necessary for such relocations and grade separations. The
Department, and the county board is authorized to maintain, or to enter
into maintenance agreements with the agencies having jurisdiction over the
public ways prior to said relocation, for the public ways so relocated; or
(b) Eliminate the crossing or junction at grade of the freeway with any
existing highway, road, street, alley or other public way by closing such
public way at its intersection with the boundary of the freeway subject to
the following conditions:
(1) Where the freeway is not a part of the National System of Interstate
and Defense Highways or is not a highway where the authority to control
access has been exercised to permit access only at certain selected public
roads, by agreement with the county, road district, municipality or other
authority having jurisdiction over the public way to be closed; or
(2) Where the freeway is a part of the National System of Interstate and
Defense Highways or is a highway where the authority to control access has
been exercised to permit access only at certain selected public roads, the
Department and county board may close such public way, but only after
holding a public hearing, in the county where the crossing or junction at
grade is situated, at which hearing the needs of local traffic and the
effect of such closing on other highways in the locality shall be
considered. Such hearing shall be held prior to the preparation of final
construction plans, but only after reasonable notice has been given, and
shall be conducted in accordance with rules and regulations prescribed by
the Department. No crossings shall be eliminated which shall unduly
discommode or interfere with local traffic, or will destroy reasonable
access to schools, churches, markets, trade or community centers, and all
crossings not eliminated shall be grade separated with the through traffic
lanes of the interstate highway or the highway where the authority to
control access has been exercised to permit access only at certain selected
public roads. If the closing of a public way, as herein provided, makes it
necessary to construct a new or additional highway connection to serve the
public need, the Department and county board shall construct such
connection. When property is damaged by the closing of any public way, the
damage shall be ascertained and paid as provided by law.
(Source: P.A. 76-181.)
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(605 ILCS 5/8-107) (from Ch. 121, par. 8-107)
Sec. 8-107.
No new highway or other public way shall be opened into or
connect with or be carried over or under any freeway until and unless the
Department, the county board, or the corporate authorities of any
municipality, as the case may be, consents thereto in writing, and the
Department, county board, or the corporate authorities of any municipality,
as the case may be, may give or withhold their respective consent or fix
such terms and conditions as will best subserve the public interest.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/8-107.1) (from Ch. 121, par. 8-107.1)
Sec. 8-107.1.
Subject to regulations prescribed by the Department, county board, or the corporate authorities of any municipality, as the case may
be, such highway authority may issue permits to a telephone company for the
establishment of telephone service within the rights-of-way of fully
controlled access highways at points where proper access to and from the
main traveled lanes has been established, and where such facilities are
necessary to the safety and welfare of the highway users.
(Source: Laws 1959, p. 1799.)
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(605 ILCS 5/8-108) (from Ch. 121, par. 8-108)
Sec. 8-108.
Any highway which prior to the effective date of this Code was
a freeway shall continue to be a freeway under the provisions of this
Article.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/8-109) (from Ch. 121, par. 8-109)
Sec. 8-109.
The provisions of this Article are cumulative and shall be
considered as conferring additional powers on the Department, the county
board of any county, or the corporate authorities of any municipality and
not as limitations upon powers now exercised by the Department, county
board, or corporate authorities of any municipality with respect to
highways under their respective jurisdiction and control.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 9 heading) ARTICLE 9.
GENERAL HIGHWAY PROVISIONS
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(605 ILCS 5/9-101) (from Ch. 121, par. 9-101)
Sec. 9-101.
Nothing in this Code shall prevent the execution of cooperative
agreements among governmental agencies.
Any municipality may negotiate an agreement with the Department whereby
the municipality may use such funds as are available to it for that purpose
for the construction or maintenance of a State highway within its
boundaries or with the corporate authority of a county or road district for
the construction or maintenance of a highway on the county highway system
or township or district road system outside of its municipal boundaries.
The county board may negotiate an agreement with the Department whereby
the county may use such funds as are available to it for that purpose for
the construction or maintenance of a highway on the State highway system or
with a municipality for the construction or maintenance of streets on the
municipal street system of such municipality.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-101.1) (from Ch. 121, par. 9-101.1)
Sec. 9-101.1.
Whenever the proper highway authority is about to construct or
improve the drainage structures of a State highway, county highways, or county
unit district road, the highway authority shall meet and consult with the
authorities of any municipality adjacent to or through which such highway or
road runs. The purpose of such meetings is to work out an agreement with such
municipality and all other interested agencies and units of local government as
to the extent of such drainage construction or improvement.
If a county or State highway, in a county of under 1,000,000 population,
adjoins a parcel of land proposed to be subdivided, the subdivider of the
parcel shall notify the proper highway authority in writing of the proposed
subdivision and provide the proper local authority that would approve the
subdivision a copy of the notice. The notice shall request of the proper
highway authority its need to have provided, at the cost of the highway
authority or as otherwise provided by law, additional capacity in any
stormwater detention facility to be constructed in the subdivision for the
future availability of the highway authority for meeting the stormwater
detention requirements of any future public construction on the highway. The
highway authority shall within 30 days of receipt of the written notice provide
written information to the proper local authority relative to the request. The
parties may then work out by agreement the extent of the inclusion of those
stormwater detention needs, if any, in the subdivision. The proper highway
authority may provide to the subdivider any funds generally available for
highway construction to provide for the highway authority's proportionate share
of the design of the stormwater detention and the proportionate share of the
cost of the property required for the stormwater detention including the impact
of density changes on said parcel as the parties may agree within 60 days of
the reply to the notice issued by the highway authority. In the event that the
parties are not able to reach agreement within the 60 days the parcel may be
subdivided as may be approved by the proper local authority without the
inclusion of said stormwater detention needs identified by the highway
authority.
(Source: P.A. 88-79.)
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(605 ILCS 5/9-101.5)
Sec. 9-101.5. Standardized electronic toll collection systems. The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. The Department shall cooperate with the Illinois State Toll Highway Authority and with other public and private entities to further the goal of standardized toll collection in Illinois. If electronic toll collection is used on any highway constructed or maintained by the Department or by a private entity pursuant to an agreement with the Department, the Department shall require the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The Department may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services.
(Source: P.A. 97-252, eff. 8-4-11.) |
(605 ILCS 5/9-102) (from Ch. 121, par. 9-102)
Sec. 9-102.
The proper highway authorities are authorized to keep vehicles
of every kind off the public highways where necessary to properly construct
or repair the same.
Whenever any public highway including any bridge or culvert thereon is
being constructed or repaired, the highway authorities having such work in
charge shall, when they deem it necessary, erect or cause to be erected at
such points as they deem desirable, suitable barriers, with signs thereon,
stating that such highway is closed.
Such authorities shall also erect or cause to be erected at such places
as they deem best, detour signs directing travel around such construction
or repair work.
Such signs and barricades shall conform to the Manual of Uniform Traffic
Control Devices adopted by the Department.
(Source: P.A. 90-513, eff. 8-22-97.)
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(605 ILCS 5/9-103) (from Ch. 121, par. 9-103)
Sec. 9-103.
Removal or possession of control device or sign; penalty.
Whenever a highway has been closed as provided in Section
9-102 or wherever traffic control devices or signs have been erected on any
public
highway as provided under this Code it is unlawful for any person to remove
or knowingly possess any such barrier, traffic control device or sign, or
to deface
or injure
the same, or to walk, ride or drive upon any part of such highway so
closed, except such persons as are duly authorized to do so.
Whoever knowingly violates the provisions of this Section shall be guilty of
a
Class A misdemeanor, punishable by a fine of at least $500, as well as
any other penalty which may be imposed. In addition thereto, such
person convicted shall be
held liable for any and all damages caused to such highway, including, but
not limited to, any bridge or culvert work, traffic control device or sign,
by reason of such violation.
The highway authorities or their duly authorized agents in direct charge
of the work, are authorized to exercise in their respective jurisdictions,
all the common law and statutory powers conferred upon sheriffs, and such
highway authorities, or their duly authorized agents in direct charge of
the work aforesaid, shall arrest without process any person who violates
the provisions of this Section, and in so doing they shall be held to be
acting for the State.
Any person or persons so arrested shall be delivered by the person
making the arrest to some judge, sheriff, or police officer at some station
or place within the county in which the offense was committed, for trial,
according to law.
(Source: P.A. 88-673, eff. 7-1-95.)
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(605 ILCS 5/9-104) (from Ch. 121, par. 9-104)
Sec. 9-104.
In grading highways corner stones marking sectional or other
corners shall not be disturbed, except to lower such stones so that they
will not rise above the surface of the highway. If a corner stone is
covered to a depth greater than 12 inches or is covered with a highway
surfacing material other than road oil, the location of the corner stone
shall be preserved by setting a suitable monument over the stone which
shall be level with the highway surface or by setting at least 3 offset
monuments in locations where they will not be disturbed. When any corner
stone is lowered or when a monument is set over a stone or when offset
monuments are set it shall be done in the presence of and under the
supervision of a Registered Illinois Land Surveyor who shall record the
type and location of the reference monuments with respect to the corner
stone in the office of the recorder in the county in which such stone is
located.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-105) (from Ch. 121, par. 9-105)
Sec. 9-105.
In constructing a public highway, if a ditch is made at the
junction of highways, or at the entrance of gates or other openings of
adjoining premises, the highway authorities shall construct good and
sufficient culverts or other convenient crossings. New entrance culverts or
crossings or additions to existing entrance culverts or crossings along an
existing public highway or street where there is a ditch may be made with
the consent of the highway authorities, provided the applicant for such
entrance culvert or crossing constructs at the applicant's expense a good
and sufficient culvert or other convenient crossing of the type and size
specified by the highway authorities, which structure shall then become the
property of the public.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-106) (from Ch. 121, par. 9-106)
Sec. 9-106.
Wherever a highway, driveway, parking lot or other area open
to traffic that has been freshly treated with
road oil, liquid asphalt or similar material intersects with or is otherwise
located or partially located within 300 feet of a durable
all-weather highway of any type except gravel or crushed stone, the
highway authorities or any person responsible for applying such material shall cause
such freshly treated highway, driveway, parking lot or other such area to
be barricaded or covered with crushed aggregate or
other suitable cover material so that traffic will not carry the fresh road oil,
liquid asphalt or similar material onto the travel ways of the durable
all-weather highway.
(Source: P.A. 80-528.)
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(605 ILCS 5/9-107) (from Ch. 121, par. 9-107)
Sec. 9-107. Whenever the highway authorities are about to lay a tile drain
along any public highway the highway authorities may contract with the
owners or occupants of adjoining lands to lay larger tile than would be
necessary to drain the highway, and permit connection therewith by such
contracting parties to drain their lands.
(Source: P.A. 94-59, eff. 6-17-05.)
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(605 ILCS 5/9-108) (from Ch. 121, par. 9-108)
Sec. 9-108.
Where willow hedges, or a line of willow trees have been
planted along the margin of a highway, so as to render tiling
impracticable, the highway authority having jurisdiction of such highway
may contract with the owner for their destruction; and they shall be
destroyed before tiling. The planting of such hedges or trees hereafter on
the margin of highways is declared to be a public nuisance.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-109) (from Ch. 121, par. 9-109)
Sec. 9-109.
It is unlawful to construct any bridge or culvert upon any
ravine, creek, drainage ditch or river upon a public highway in this State
unless such bridge or culvert shall have the capacity of sustaining highway
traffic with safety.
Any person who violates the provisions of this Section shall be guilty
of a petty offense.
The fact that any such bridge or culvert does not conform with the
specifications of the Department in effect at the time when the contract
for such bridge or culvert is let, is prima facie evidence that the bridge
or culvert does not have the capacity of sustaining highway traffic with
safety.
(Source: P.A. 77-2238.)
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(605 ILCS 5/9-110) (from Ch. 121, par. 9-110)
Sec. 9-110.
Any article, material or process covered by a patent granted by
the United States government may be specified and used for constructing or
maintaining any public highway if such specifications are drawn so as to
provide for an alternative method or methods of construction or maintenance
so that competition may be had between different types of materials
answering the same general purpose.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-111) (from Ch. 121, par. 9-111)
Sec. 9-111.
The highway authorities shall annually, at the proper season, to
prevent
the spread of noxious weeds as defined in the "Illinois Noxious Weed Law",
approved August 17, 1971, as
amended, destroy or
cause to be destroyed, all such noxious weeds growing upon public highways
under their respective jurisdictions. The highway authorities shall
seasonably mow or manage all weeds and other vegetation growing along the
highways under their respective jurisdictions.
Any highway officer failing to comply with the provisions of this
Section shall be guilty of a petty offense and shall be liable to a fine of
not less than $10 nor more than $25 for each season in which he neglects
such requirements.
(Source: P.A. 83-333.)
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(605 ILCS 5/9-111.1) (from Ch. 121, par. 9-111.1)
Sec. 9-111.1.
The highway authorities shall from time to time inspect the
bridges and culverts on the public highways and streets under their
respective jurisdictions which span streams and watercourses and shall
remove driftwood and other materials accumulated within the right of way at
such structures which obstruct the free flow of either low or highwater.
Any general funds, and any forces and equipment available for maintenance
of the public highways or streets may be used for the removal of such
accumulated material.
(Source: Laws 1961, p. 2627.)
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(605 ILCS 5/9-112) (from Ch. 121, par. 9-112)
Sec. 9-112.
At all grade crossings of public highways with railroads
outside the corporate limits of any municipality, the highway authority
having jurisdiction of such highways shall remove, or cause to be removed
from the highway all removable obstructions to view at such grade
crossings, such as unauthorized signs and billboards, brush and shrubbery,
and shall trim, or cause to be trimmed, all hedges and trees upon the
highway for a distance of not less than 300 feet from each side of such
crossings.
No person shall place, or cause to be placed, any sign or signal on a
public highway within a distance of 300 feet of any grade crossing, except
official traffic control devices authorized in an Act in relation to the
regulation of traffic, approved July 9, 1935, as now or hereafter amended,
any signs or signals required by law or the Illinois Commerce Commission
for the protection of such crossings.
Any person who violates any of the provisions of this Section shall be
guilty of a petty offense and fined not less than $10 nor more than $100
for each offense.
(Source: P.A. 77-2238.)
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(605 ILCS 5/9-112.1) (from Ch. 121, par. 9-112.1)
Sec. 9-112.1.
No person shall place or cause to be placed any sign or billboard or
any advertising of any kind or description upon any State highway or on
any other highway outside the corporate limits of any municipality
except as may be required by this Code or "The Illinois Vehicle Code", as
now or hereafter
amended. This provision also shall apply to signs, billboards, or any
other advertising upon any bridge, other structure, wire, cable, or
other device, over or above such highway, whether constructed by the
Department or others except signs designating the name of the railroad
and the clearance provided. This Section does not prohibit or prevent
any public utility from placing upon, above, below or near any of its
facilities any signs or markers giving notice of the existence,
identification or location of such facilities located upon or adjacent
to any such highway. Such signs or markers shall be limited in size and
shape to the minimum necessary consistent with the safety of the public
in accordance with rules and regulations as promulgated by the
Department.
Any person who violates any of the provisions of this Section shall
be guilty of a petty offense and fined not less than $10 nor more than
$100 for each offense.
(Source: P.A. 81-840.)
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(605 ILCS 5/9-112.2) (from Ch. 121, par. 9-112.2)
Sec. 9-112.2.
No person shall place, or cause to be placed upon or in view of any
public highway any sign or billboard or any advertising of any kind or
description which in wording, color or shape is similar to official traffic
control signs or other official traffic control devices erected by the
proper authority having jurisdiction over such highway in compliance with
the Manual of Uniform Traffic Control Devices for Streets and Highways, as
now or hereafter adopted by the Department.
No person shall place, or cause to be placed upon any building or other
structure, within 200 feet of any public highway, oscillating, rotating or
flashing lights which are of such intensity, when illuminated, to be
visible at any time from such highway. This prohibition does not apply to a
pole-supported business or brand identification sign with constant
illumination and color and in which the only movement is a slow rotation of
the entire body of the sign so as to be visible from all directions. This
prohibition does not apply to airport lights.
Any person who violates any of the provisions of this Section shall be
guilty of a petty offense and fined not less than $10 nor more than $100
for each offense.
(Source: P.A. 78-255.)
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(605 ILCS 5/9-112.3) (from Ch. 121, par. 9-112.3)
Sec. 9-112.3.
Shelters for the convenience and comfort of persons waiting
for buses or other public transportation may be placed and maintained within
the right of way of any street or highway, including right of way for streets
and highways within municipalities, after a license or permit for the shelter
and location is obtained from the highway authority having jurisdiction.
Placement and location of shelters on any street or highway within a municipality
shall be subject to the approval of the corporate authorities of such municipality.
The owners may place advertising on the shelters if authorized by the license
or permit, provided, however, that no political advertising shall be placed
on any shelter on any street or highway at any time and further provided
that advertising on shelters shall be limited to one-third of the vertical
surface of the shelter. Shelters shall not be placed or maintained on that
portion of the right of way designed and used for vehicle traffic and further
shall not be so placed as to impair the street or highway or interfere with
the free and safe flow of traffic.
(Source: P.A. 81-436.)
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(605 ILCS 5/9-112.4)
Sec. 9-112.4.
Signs on a State highway right of way
located over sidewalks inside the corporate limits of a municipality
that do not interfere with vehicular or pedestrian traffic, as determined by
Department rule,
shall not
be removed by the Department.
(Source: P.A. 88-286.)
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(605 ILCS 5/9-112.5)
Sec. 9-112.5.
Signs, billboards, and advertising in commuter parking lots.
Signs, billboards, and advertising, placed in a publicly owned and operated
commuter parking lot servicing public transportation and adjoined on 2 sides by
interstate highways, that do not interfere with vehicular or pedestrian
traffic, as determined by Department rule, shall not be removed by the
Department.
(Source: P.A. 89-319, eff. 1-1-96.)
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(605 ILCS 5/9-112.6) Sec. 9-112.6. Vegetation control permit. (a) The Department may provide for vegetation control on land or a right-of-way under its jurisdiction related to the visibility of a permitted or registered outdoor advertising sign or grant a permit for such work. (b) The Department may issue rules to provide the standards and procedures for vegetation control, including, but not limited to, permit applications, permits, revocations, and the requirements for the replacement of vegetation and landscaping removal to establish clear visibility zones of signs along highways in the State under its jurisdiction. (c) The Department shall allow the cutting or trimming of vegetation to clear a visibility zone 250 feet in front of a single-sided sign and 250 feet in front of each side of a double-sided sign. The visibility zone for signs shall also include an additional 250-foot triangular section measured diagonally from the edge of the right-of-way to the edge of pavement. This distance shall be measured from the edge of the sign face closest to the pavement in a direction parallel to the pavement. All cutting or trimming of vegetation shall maintain environmental compliance and in no event shall the cutting or trimming of vegetation violate safety rules of the Department. (d) The Department shall process a completed vegetation control application within 45 days of receiving such an application.
(Source: P.A. 102-980, eff. 8-27-22.) |
(605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
Sec. 9-113.
(a) No ditches, drains, track, rails, poles, wires, pipe line
or other equipment of any public utility company, municipal corporation
or other public or private corporation, association or person shall be
located, placed or constructed upon, under or along any highway, or upon any
township or district road, without first obtaining the written consent of the
appropriate highway authority as hereinafter provided for in this
Section.
(b) The State and county highway authorities are
authorized to promulgate
reasonable and necessary rules, regulations, and specifications for
highways for the administration of this Section.
In addition to rules promulgated under this subsection (b), the State highway
authority shall and a county highway authority may adopt coordination
strategies and practices designed and intended to establish and implement
effective communication respecting planned highway projects that the
State or county highway authority believes may require removal, relocation,
or modification in accordance with subsection (f) of this Section. The
strategies and practices adopted shall include but need not be limited to the
delivery of 5 year programs, annual programs, and the establishment of
coordination councils in the locales and with the utility participation that
will
best facilitate and accomplish the requirements of the State and county
highway authority acting under subsection (f) of this Section. The utility
participation shall include assisting the appropriate highway authority in
establishing a schedule for the removal, relocation, or modification of the
owner's facilities in accordance with subsection (f) of this Section. In
addition, each utility shall designate in writing to the Secretary of
Transportation or his or her designee an agent for notice and the delivery of
programs. The
coordination councils must be established on or before January
1, 2002. The 90 day deadline for removal, relocation, or modification of the
ditches, drains, track, rails, poles, wires, pipe line, or other equipment in
subsection (f) of this Section shall be enforceable upon the establishment of
a coordination council in the district or locale where the property in question
is located. The coordination councils organized by a county highway
authority shall include the county engineer, the County Board
Chairman or his or her designee, and with such utility participation as will
best
facilitate and accomplish the requirements of a highway authority acting under
subsection (f) of this Section. Should a county
highway authority decide not to establish coordination councils,
the 90 day deadline for removal, relocation, or modification
of the ditches, drains, track, rails, poles, wires, pipe line, or other
equipment
in subsection (f) of this Section shall be waived for those highways.
(c) In the case of non-toll federal-aid fully access-controlled State
highways, the State highway authority shall not grant consent to the
location, placement or construction of ditches, drains, track, rails,
poles, wires, pipe line or other equipment upon, under or along any such
non-toll federal-aid fully access-controlled State highway, which:
(1) would require cutting the pavement structure | ||
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(2) would in the judgment of the State highway | ||
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(3) would, if installed longitudinally within the | ||
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(4) would be inconsistent with Federal law or with | ||
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(d) In the case of accommodations upon, under or along non-toll
federal-aid fully access-controlled State highways the State highway authority
may charge an entity reasonable compensation for the right of that entity to
longitudinally locate, place or construct ditches, drains, track, rails, poles,
wires,
pipe line or other equipment upon, under or along such highway. Such
compensation may include in-kind compensation.
Where the entity applying for use of a non-toll federal-aid fully
access-controlled State highway right-of-way is a public utility company,
municipal corporation or other public or private corporation, association
or person, such compensation shall be based upon but shall not exceed a
reasonable estimate by the State highway authority of the fair market value
of an easement or leasehold for such use of the highway right-of-way.
Where the State highway authority determines that the applied-for use of
such highway right-of-way is for private land uses by an individual and not
for commercial purposes, the State highway authority may charge a lesser fee
than would be charged a public utility company, municipal corporation or
other public or private corporation or association as compensation for the
use of the non-toll federal-aid fully access-controlled State highway
right-of-way. In no case shall the written consent of the State highway
authority give or be construed to give any entity any easement, leasehold
or other property interest of any kind in, upon, under, above or along the
non-toll federal-aid fully access-controlled State highway right-of-way.
Where the compensation from any entity is in whole or in part a fee, such
fee may be reasonably set, at the election of the State highway authority,
in the form of a single lump sum payment or a schedule of payments.
All such fees charged as compensation may be reviewed and adjusted upward by
the State highway authority once every 5 years provided that any such
adjustment shall be based on changes in the fair market value of an easement
or leasehold for such use of the non-toll federal-aid fully
access-controlled State highway right-of-way. All such fees received as
compensation by the State highway authority shall be deposited in the Road Fund.
(e) Any entity applying for consent shall submit such information in
such form and detail to the appropriate highway authority as to allow the
authority to evaluate the entity's application. In the case of
accommodations upon, under or along non-toll federal-aid fully
access-controlled State highways the entity applying for such consent shall
reimburse the State highway authority for all of the authority's reasonable
expenses in evaluating that entity's application, including but not limited
to engineering and legal fees.
(f) Any ditches, drains, track, rails, poles, wires, pipe line, or
other
equipment located, placed, or constructed upon, under, or along a highway
with the consent of the State or county highway authority under this
Section shall,
upon written notice by the State or county highway authority be
removed,
relocated, or modified by the owner, the owner's agents, contractors, or
employees at no expense to the State or county highway
authority when and as deemed necessary by the State or county highway
authority for highway
or highway safety purposes.
The notice shall be properly given after the completion of engineering plans,
the receipt of the necessary permits issued by the appropriate State and
county highway authority to begin work, and the establishment of sufficient
rights-of-way for a given utility authorized by the State or county highway
authority to remain on the highway right-of-way such that the unit of local
government or other owner of any facilities receiving notice in accordance
with this subsection (f) can proceed with relocating, replacing, or
reconstructing the ditches, drains, track, rails, poles, wires, pipe line, or
other
equipment. If a permit application to relocate on a public right-of-way is not
filed within 15 days of the receipt of final engineering plans, the notice
precondition of a permit to begin work is waived. However, under no
circumstances shall this notice provision be construed to require the State or
any
government department or agency to purchase additional
rights-of-way to accommodate utilities.
If, within 90 days after receipt of such
written notice,
the ditches, drains, track, rails, poles, wires, pipe line, or other
equipment
have not been removed, relocated, or modified to the reasonable satisfaction
of the State or county highway authority, or if
arrangements are not made satisfactory to the State or county
highway authority for such removal, relocation, or modification, the State
or county
highway
authority may remove, relocate, or modify such ditches, drains, track,
rails, poles, wires, pipe line, or other equipment and bill the owner
thereof for the total cost of such removal, relocation, or modification.
The scope of the project shall be taken into consideration by the State or
county highway authority in determining satisfactory arrangements.
The State or county highway authority shall determine the terms of payment
of those costs
provided that all costs billed by the State or county highway authority
shall not be made
payable over more than a 5 year period from the date of billing.
The State and county highway authority shall have the power to extend the
time of payment in cases of demonstrated financial hardship by a unit of
local government or other public owner of any facilities removed, relocated,
or modified from the highway right-of-way in accordance with this
subsection (f).
This
paragraph shall not be construed to prohibit the State or county highway
authority
from paying any part of the cost of removal, relocation, or modification
where such payment is otherwise provided for by State or federal statute or
regulation.
At any time within 90 days after written notice was given, the owner of the
drains, track, rails, poles, wires, pipe line, or other equipment may request
the district engineer or, if appropriate, the county engineer for a waiver of
the 90 day deadline. The appropriate district or county engineer shall make a
decision concerning waiver within 10 days of receipt of the request and may
waive the 90 day deadline if he or she makes a written finding as to the
reasons for waiving the deadline. Reasons for waiving the deadline shall be
limited to acts of God, war, the scope of the project, the State failing to
follow the proper notice
procedure, and any other cause beyond reasonable control of the owner of
the facilities. Waiver must not be unreasonably withheld. If 90 days after
written notice was given, the ditches, drains, track, rails, poles, wires, pipe
line, or other equipment have not been removed, relocated, or modified to
the satisfaction of the State or county highway authority, no waiver of
deadline has been requested or issued by the appropriate district or county
engineer, and no satisfactory arrangement has been made with the
appropriate State or county highway authority, the State or county highway
authority or the general contractor of the building project may file a
complaint in the circuit court for an emergency order to direct and compel
the owner to remove, relocate, or modify the drains, track, rails, poles,
wires,
pipe line, or other equipment to the satisfaction of the appropriate highway
authority. The complaint for an order shall be brought in the circuit in which
the subject matter of the complaint is situated or, if the subject matter of
the
complaint is situated in more than one circuit, in any one of those
circuits.
(g) It shall be the sole responsibility of the entity, without expense to
the State highway authority, to maintain and repair its ditches,
drains, track, rails, poles, wires, pipe line or other equipment after it is
located, placed or constructed upon, under or along any State highway and in no
case shall the State highway authority thereafter be liable or responsible to
the
entity for any damages or liability of any kind whatsoever incurred by the
entity or to the entity's ditches, drains, track, rails, poles, wires, pipe
line or other equipment.
(h) Except as provided in subsection (h-1), upon receipt of an
application therefor,
consent to so use a highway may
be granted subject to such terms and conditions not inconsistent with
this Code as the highway authority deems for the best interest of the
public.
The terms and conditions required by the appropriate highway authority may
include but need not be limited to participation by the party granted consent
in the strategies and practices adopted under subsection (b) of this Section.
The
petitioner shall pay to the owners of property
abutting upon the affected highways established as though by
common law plat all damages the owners may sustain by reason of such use of
the highway, such damages to be ascertained and paid in the manner provided by
law for the exercise of the right of eminent domain.
(h-1) With regard to any public utility, as defined in Section 3-105 of
the Public Utilities Act, engaged in public water or public sanitary sewer
service that comes under the jurisdiction of the Illinois Commerce Commission,
upon receipt of an application therefor,
consent to so use a highway may
be granted subject to such terms and conditions not inconsistent with
this Code as the highway authority deems for the best interest of the
public.
The terms and conditions required by the appropriate highway authority may
include but need not be limited to participation by the party granted consent
in the strategies and practices adopted under subsection (b) of this Section.
If the highway authority does not have fee ownership of the property, the
petitioner shall pay to the owners of property located in the highway
right-of-way
all damages the owners may sustain by reason of such use of
the highway, such damages to be ascertained and paid in the manner provided by
law for the exercise of the right of eminent domain. The consent shall not
otherwise relieve the entity granted that
consent from obtaining by purchase, condemnation, or otherwise the
necessary approval of any owner of the fee over or under which the
highway or road is located, except to the extent that no such owner has
paid real estate taxes on the property for the 2 years prior to the
grant of the consent. Owners of property that abuts the right-of-way but who
acquired the
property through a conveyance that either expressly excludes the property
subject to the right-of-way or that describes the property conveyed as ending
at the right-of-way or being bounded by the right-of-way or road shall not be
considered owners of property located in the right-of-way and shall not be
entitled to damages by reason of the use of the highway or road for utility
purposes, except that this provision shall not relieve the public utility
from the
obligation to pay for any physical damage it causes to
improvements lawfully located in the right-of-way. Owners of abutting
property whose descriptions include the right-of-way but are made subject to
the right-of-way shall be entitled to compensation for use of the
right-of-way.
If the property subject to the right-of-way is not owned by the
owners of the abutting property (either because it is expressly excluded from
the property conveyed to an abutting property owner or the property as conveyed
ends at or is bounded by the right-of-way or road), then the petitioner shall
pay any damages, as so calculated, to
the person or persons who have paid real estate taxes for the property as
reflected in the
county tax records. If no person has paid real estate taxes, then the
public interest permits the installation of the facilities without payment of
any damages. This provision of this
amendatory Act of the 93rd General Assembly is intended to clarify, by
codification, existing law and is not intended to change the law.
(i) Such consent shall be granted by the Department in the case of a
State highway; by the county board or its designated county superintendent
of highways in the case of a county highway; by
either the highway commissioner or the county superintendent of highways
in the case of a township or district road, provided that if consent is
granted by the highway commissioner, the petition shall be filed with
the commissioner at least 30 days prior to the proposed date of the
beginning of construction, and that if written consent is not given by
the commissioner within 30 days after receipt of the petition, the
applicant may make written application to the county superintendent of
highways for consent to the construction. In the case of township roads, the county superintendent of highways may either grant consent for the construction or deny the application. The county superintendent of highways shall provide written confirmation, citing the basis of the decision, to both the highway commissioner and the
applicant. This Section does not
vitiate, extend or otherwise affect any consent granted in accordance
with law prior to the effective date of this Code to so use any highway.
(j) Nothing in this Section shall limit the right of a highway
authority to permit the location, placement or construction or any ditches,
drains, track, rails, poles, wires, pipe line or other equipment upon,
under or along any highway or road as a part of its highway or road
facilities or which the highway authority determines is necessary to
service facilities required for operating the highway or road, including
rest areas and weigh stations.
(k) Paragraphs (c) and (d) of this Section shall not apply to any
accommodation located, placed or constructed with the consent of the State
highway authority upon, under or along any non-toll federal-aid fully
access-controlled State
highway prior to July 1, 1984, provided that accommodation was otherwise
in compliance with the rules, regulations and specifications of the State
highway authority.
(l) Except as provided in subsection (l-1), the consent to be granted
pursuant to this Section by the appropriate
highway authority shall be effective only to the extent of the property
interest of the State or government unit served by that highway authority.
Such consent shall not be binding on any owner of the fee over or under which
the highway or road is located and shall not otherwise relieve the entity
granted that consent from obtaining by purchase, condemnation or otherwise
the necessary approval of any owner of the fee over or under which the highway
or road is located.
This paragraph shall
not be construed as a limitation on the use for highway or road purposes
of the land or other property interests acquired by the public for highway
or road purposes, including the space under or above such right-of-way.
(l-1) With regard to any public utility, as defined in Section 3-105 of
the
Public Utilities Act, engaged in public water or public sanitary sewer service
that comes under the jurisdiction of the Illinois Commerce Commission, the
consent to be granted pursuant to this Section by the appropriate
highway authority shall be effective only to the extent of the property
interest of the State or government unit served by that highway authority.
Such consent shall not be binding on any owner of the fee over or under which
the highway or road is located but shall be binding on any abutting property
owner whose property boundary ends at the right-of-way of the highway or road.
For purposes of the preceding sentence, property that includes a portion of
a highway or road but is subject to the highway or road shall not be
considered to end at the highway or road.
The consent shall not otherwise relieve the entity
granted that consent from obtaining by purchase, condemnation or otherwise
the necessary approval of any owner of the fee over or under which the highway
or road is located, except to the extent that no such owner has paid real
estate taxes on the property for the 2 years prior to the grant of the
consent. This provision is not intended to absolve a utility from obtaining
consent
from a lawful owner of the roadway or highway property (i.e. a person whose
deed of conveyance lawfully includes the property, whether or not made subject
to the highway or road) but who does not pay taxes by reason of Division 6 of
Article 10 of the Property Tax Code.
This paragraph shall
not be construed as a limitation on the use for highway or road purposes
of the land or other property interests acquired by the public for highway
or road purposes, including the space under or above such right-of-way.
(m) The provisions of this Section apply to all permits issued by the
Department of Transportation and the
appropriate State or county highway
authority.
(Source: P.A. 102-449, eff. 1-1-22.)
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(605 ILCS 5/9-113.01) (from Ch. 121, par. 9-113.01)
Sec. 9-113.01.
Except when otherwise provided for by contract, permit
or ordinance, a unit of local government having jurisdiction over streets
or roads may repair damage to any such streets or roads caused by a public
or private utility and bill the utility for the cost thereof if the utility
fails to complete such repairs within 30 days after receipt of written notice
from the unit of local government that such repairs must be made. Primary
responsibility for such repairs shall remain with the utility.
As used in this Section, "unit of local government" means a county, municipality,
township or other unit designated as a unit of local government by law.
(Source: P.A. 81-1377.)
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(605 ILCS 5/9-113.02) Sec. 9-113.02. Damage to State-owned or local government-owned roadway property; highway and highway property. (a) Any agency or instrumentality of the State of Illinois or unit of local government may seek recovery for the cost of the repair or replacement of damaged or destroyed roadway property. As used in this Section, "roadway property" includes road safety equipment and emergency equipment. Depreciation may not be used as a factor in determining the cost of the damaged or destroyed roadway property for which recovery is sought.
(b) Any agency or instrumentality of the State of Illinois or unit of local government may seek recovery for the cost of the repair of damaged or destroyed highways, highway structures, or traffic-control devices that result from operating, driving, or moving a truck tractor-semitrailer combination exceeding 55 feet in overall dimension authorized under paragraph (1) of subsection (b) or paragraph (1) of subsection (f) of Section 15-107 of the Illinois Vehicle Code. The measure of liability for the damage is the cost of repairing the highway, highway structure, or traffic-control device, or the depreciated replacement cost of a highway structure or traffic-control device. (Source: P.A. 100-343, eff. 1-1-18.) |
(605 ILCS 5/9-113.1) (from Ch. 121, par. 9-113.1)
Sec. 9-113.1.
(a) Except as otherwise provided in Sections 4-201.19 and
8-107.1 of this Code and in subsection (b) of this Section,
and except to the extent authorized in "An Act in relation to the construction,
operation, regulation and maintenance of a system of toll highways and to
create The Illinois State Toll Highway Authority, and to define its powers
and duties, to make an appropriation in conjunction therewith", approved
August 7, 1967, as amended, no commercial establishment for serving motorists
or highway users shall be constructed or located within the right-of-way
of, or on publicly-owned or publicly-leased land acquired or used for or
in connection with a highway. Nothing in this Act shall affect or impair
the application of Sections 4-210 and 4-211 of the Illinois Highway Code,
as now or hereafter amended to that portion of any highway where the rights
of direct private access thereto generally from abutting property have not
been extinguished by due process.
Nothing in this Code shall prohibit the solicitation of donations or
contributions by a local nonprofit organization at a courtesy rest stop
which has been established by that organization. A courtesy rest stop is a
temporary facility, locally sponsored, to encourage safety only on
nationally recognized holidays by promoting a "refreshment break" for
motorists. The courtesy rest stop must be conducted for the express
purpose of improving the safety of highway travel and not primarily as an
advertisement for any organization or other activity.
All courtesy rest stop activity shall be conducted completely within
existing safety rest areas located on freeways or other State highways and
only on those days recognized as national holidays. Before granting
authorization to establish a courtesy rest area, the Department shall
determine that sufficient parking in the safety rest area or stop is
available without requiring vehicles to stop or park on any ramp or other
surface used for the movement of vehicles. The refreshments and any other
service offered must be free of charge to the motorists. However,
solicitation of free-will donations or contributions shall be permitted.
The Department shall cooperate with the
sponsoring organizations in the establishment of courtesy rest stops.
(b) The Department may permit the placement and operation of vending
machines in safety rest areas constructed or located on rights-of-way of
non-toll fully access controlled State highways. The Department shall
adopt rules and regulations governing the type of services provided,
location and operation of machines, and all other aspects necessary to
provide the best public service consistent with federal and State statutes.
The Department, when allowing for the installation of vending machines,
shall provide for the operation of such facilities through the Department of
Human Services, which is the State licensing agency
designated pursuant to Section 2(a) (5) of the federal Randolph-Sheppard
Vending
Stand Act of June 20, 1936 (49 Stat. 1559, Title 20, Sections 107-107F).
The Department of Human Services shall assign licensed
blind vendors to operate these vending facilities. However, if, after
notification to all licensed blind vendors of the availability of a
particular site, none is interested in operating that site, the Department of
Human Services may contract for the operation of that
site by a private contractor. Any income, after deduction for cost of items,
labor and a negotiated percentage of profit, shall accrue to the Department of
Human Services for the exclusive benefit of the vending
facilities
for the blind program or other programs of rehabilitation and training for
the blind administered by the Department of Human
Services. The
Department of Human Services shall periodically notify
licensed
blind vendors of the availability of such contractually operated sites and
make them available to interested licensed blind vendors.
(c) The Department of Transportation may not charge the operators of
vending facilities for any portion of the cost of rest area maintenance or
oversight services provided by its employees prior to the effective date of
this amendatory Act of 1985. The Department shall not require the vending
machine operators to perform any services other than those related to
servicing and operating the approved vending machines.
(Source: P.A. 89-507, eff. 7-1-97.)
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(605 ILCS 5/9-114) (from Ch. 121, par. 9-114)
Sec. 9-114.
Any person owning, using, or occupying lands on both sides of
any public highway has the privilege of making a crossing under the highway
for the purpose of letting his cattle and other domestic animals across
such highway. However, such person shall erect at his own expense, a good
and substantial bridge, with good railings on each side thereof, and build
an embankment, of easy grade, on either side of the bridge. The bridge
shall be not less than 16 feet wide, and be approved by the appropriate
highway authorities having jurisdiction of such public highway. The bridge
shall be kept constantly in good repair by the owner or occupant of the
land, the construction subject always to the consent and approval of such
appropriate highway authorities.
In case such crossing is made on any waterway or natural channel for
water and where a culvert or bridge is maintained as required for highway
purposes, the owners or occupants shall not be required to pay for or
construct any more of the crossings than the additional cost of such
crossing over and above the necessary cost of a suitable culvert or bridge
for highway purposes at such place.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-115) (from Ch. 121, par. 9-115)
Sec. 9-115.
It is unlawful for any person to excavate or remove or cause
the excavation or removal of the lateral support within a distance of 10
feet plus one and one-half times the depth of any excavation adjacent to
the established right-of-way of any public highway located outside the
corporate limits of any municipality, except that if any of the excavated
materials be of solid rock, the depth of such solid rock shall not be
considered in computing the limit of excavation from such right-of-way line
of such public highway.
It is unlawful for any person to deposit spoil or cause the spoil from
any excavation to be deposited in such a manner that the toe of such spoil
will be nearer than 20 feet to any established right-of-way of any public
highway located outside the corporate limits of any municipality.
Whenever any person violates or causes the foregoing provisions of this
Section to be violated, he shall be guilty of a petty offense for each day
such violation occurs and until such unlawful excavation is backfilled or
unlawful spoil banks are removed, either by the offenders or by the public
authorities as provided hereinafter in this Section.
Where any such violation occurs along any public highway the proper
highway authority having jurisdiction of that particular highway is
authorized to take the necessary steps as required by law to enter upon the
property where such violation occurs and backfill or cause to be backfilled
the unlawful excavation or remove or cause to be removed the unlawful spoil
banks, whichever case it may be, or both, in such a manner as will conform
with the foregoing provisions of this Section, and the costs of such work,
together with court costs, may be recovered from such violators in the circuit
court in the county where such violation occurred.
Nothing in this Section shall prohibit the construction and maintenance
of grade separation crossings of any public utility, private corporation or
individuals, or in any way conflict with any other laws governing such
grade separations; nor shall the provisions of this Section in any way
apply to pipe line construction or maintenance where such work is done to
the satisfaction of the highway authorities having jurisdiction over such
public highway; nor to the excavation of earth necessary for the
construction of foundations or basement walls.
(Source: P.A. 83-345.)
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(605 ILCS 5/9-115.1) (from Ch. 121, par. 9-115.1)
Sec. 9-115.1.
It is unlawful for any person to construct or cause to
be constructed any drainage facility for the purpose of the detention or
retention of water within a distance of 10 feet plus one and one-half times
the depth of any drainage facility adjacent to the right-of-way of any
public highway without the written permission of the highway authority
having jurisdiction over the public highway.
It is unlawful for any person to construct or cause to be constructed
any earthen berm such that the toe of such berm will be nearer than 10 feet
to the right-of-way of any public highway without the written permission of
the highway authority having jurisdiction over the public highway.
(Source: P.A. 86-616.)
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(605 ILCS 5/9-116) (from Ch. 121, par. 9-116)
Sec. 9-116.
The owner of any hedge fence growing along the right-of-way
line of any public highway shall during the year next after such hedge has
obtained the age of 7 years and during each year thereafter, trim such
hedge fence to a height not exceeding 5 feet, except for Osage hedge which
shall be trimmed annually after the second year from the first trimming to
a height not exceeding 4 feet, and the owner shall trim all such hedges on
the road side so that foliage will not extend over the right-of-way line
for a distance in excess of 4 feet. All such trimming so required shall be
done prior to October first.
The highway authority having jurisdiction over the highway, upon
application of the owner of a farm, may permit such owner to grow a hedge
fence to any desired height for a distance not to exceed one-fourth the
total length of the hedge fence along the highway to serve as a windbreak
for livestock. Such permit is revocable at any time.
The provisions of this Section do not apply to any hedge protecting
either an orchard or a building.
Any failure or refusal to comply with the provisions of this Section is
a petty offense and is punishable by a fine of not less than $10 nor more
than $50 for each year of such failure or refusal.
(Source: P.A. 77-2238.)
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(605 ILCS 5/9-117) (from Ch. 121, par. 9-117)
Sec. 9-117.
If any person injures or obstructs a public highway by felling
a tree or trees in, upon or across the same, or by placing or leaving any
other obstruction thereon, or encroaching upon the same with any fence, or
by plowing or digging any ditch or other opening thereon, or by turning a
current of water so as to saturate, wash or damage the same, or by plowing
in or across or on the slopes of the side gutters or ditches, or by placing
any material in such ditches, or in any way interfering with the free flow
of water therein, or leaves the cuttings of any hedge thereon for more than
10 days, without the permission of the highway authority having
jurisdiction over such highway, he shall be guilty of a petty offense and
fined for every such offense not less than $50 nor more than
$500; and in
case of placing any obstruction on the highway, an additional sum of not
exceeding $50 per day for every day he allows such obstruction to
remain
after he has been ordered to remove it by the highway authority having
jurisdiction over such highway. Any person feeling himself aggrieved or any
such highway authority may make a complaint under this Section.
The highway authority having jurisdiction over such highway, after
having given 10 days' notice to the owners of the obstruction or person so
obstructing, or plowing, or digging ditches upon such highway or
interfering with the free flow of water in the side gutters or ditches, of
the obstruction, plowing or digging of ditches, interfering with drainage,
or of the encroachment of any fence, may remove any such fence or other
obstruction, fill up any ditch or excavation except ditches necessary to
the drainage of an adjoining farm emptying into a ditch upon the highway,
or regrade such side gutters or ditches, and recover the necessary cost of
such removal or filling of any such ditch or excavation, or regrading of
such side gutters or ditches from such owner or other person obstructing or
damaging such highway aforesaid, to be collected by the highway authority
having jurisdiction of the highway whereon such offense was committed. Any
such cost recovered shall be deposited in the road fund of the political
division having jurisdiction over the highway adjudged to have been
obstructed or injured, and shall be used only for maintenance or
construction of public highways under the jurisdiction of that division.
The 10 day notice requirement of this Section is not required for any
obstruction to traffic flow including non-adherence to the provisions of a
permit issued by the highway authority having jurisdiction under Section 4-209,
5-413, or 9-113 of this Code.
However, this section shall not apply to any person who shall lawfully
fell any tree for use and shall immediately remove the same out of the
highway, nor to any person through or along whose land a public highway may
pass, who shall desire to drain his land, and who shall give due notice to
the proper highway authority of such intention, and who shall first secure
from such highway authority written permission for any work, ditching or
excavating he proposes to do within the limits of the highway.
(Source: P.A. 93-177, eff. 7-11-03.)
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(605 ILCS 5/9-118) (from Ch. 121, par. 9-118)
Sec. 9-118.
Any association, society, person or persons may, upon obtaining
a permit from the highway authorities having jurisdiction over the
particular highway, and the consent in writing of the owners of adjacent
property, plant or set out trees, shrubs, plants or flowers in or upon the
right-of-way of any highway within this State, provided that no such tree,
shrub, or flower shall be permitted to obstruct the vision of persons
traveling upon or across such highways.
Consent in writing of the owners of the adjacent property shall not be
mandatory, as the highway authority shall determine, for plantings in a median
or in those portions of a highway
where direct access from the adjacent property is not provided. The highway
authority having jurisdiction may
place suitable signs giving notice of the association, society, person, or
persons doing the planting.
(Source: P.A. 91-775, eff. 6-9-00.)
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(605 ILCS 5/9-119) (from Ch. 121, par. 9-119)
Sec. 9-119.
Whoever wilfully drives upon, picks, removes, destroys, cuts
down, or in any manner injures any tree, shrub, plant or flower planted or
growing within the right-of-way of any public highway, shall be guilty of a
petty offense and fined not more than $100. However, the provisions of this
section shall not preclude the highway authority having jurisdiction over
the highway from trimming, transplanting, or removing such trees, shrubs,
plants or flowers when necessary, in the discretion of such authority, to
facilitate the use of such highways for public travel.
(Source: P.A. 77-2238.)
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(605 ILCS 5/9-119.5) Sec. 9-119.5. Hay harvesting permit. (a) The Department may issue a hay harvesting permit authorizing the mowing and harvesting of hay on a specified right-of-way in this State. An owner or owner's designee has priority until July 30 of each year to receive a permit for the portion of right-of-way that is adjacent to the owner's land. After July 30 of each year, a permit may be issued to an applicant that is not the owner of the land adjacent to the right-of-way for a maximum distance of 5 miles each year. A permit issued under this subsection may be valid from July 15 of each year until September 15 of each year, and the Department must include the timeframe that the permit is valid on every permit issued under this subsection. Commencement of harvesting activity notice instructions must be included on every permit under this subsection in accordance with paragraph (1) of subsection (c) of this Section. The non-refundable application fee for every permit under this subsection is $40, and all fees collected by the Department shall be deposited into the Road Fund. (b) An applicant for a permit in subsection (a) must: (1) sign a release acknowledging that the applicant | ||
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(2) demonstrate proof that a liability insurance | ||
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(3) pay a non-refundable application fee of $40. (c) The usage of a permit in subsection (a) is subject to the following limitations: (1) The permittee must give the Department 48 hours | ||
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(2) The permittee must identify the location of | ||
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(3) The permittee may use the permit only during the | ||
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(4) The permittee must carry a copy of the permit at | ||
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(5) The permittee may use the permit only when soil | ||
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(6) The permittee may not alter, damage, or remove | ||
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(d) The Department may immediately terminate a permit in subsection (a) issued to a permittee for failure to comply with the use limitations of subsection (c). (e) The Department or the permittee may cancel the permit at any time upon 3 days written notice. (f) The Department may promulgate rules for the administration of this Section.
(Source: P.A. 96-415, eff. 8-13-09; 97-813, eff. 7-13-12.) |
(605 ILCS 5/9-119.6) Sec. 9-119.6. Switchgrass production permit. (a) The Department may issue a switchgrass production permit authorizing the planting and harvesting of switchgrass on a specified right-of-way in this State. An owner or owner's designee has priority until March 1 of each year to receive a permit for the portion of right-of-way that is adjacent to the owner's land and for which no permit is in effect. After March 1 of each year, a permit may be issued to an applicant that is not the owner of the land adjacent to the right-of-way for a maximum distance of 5 miles. A permit issued under this subsection may be valid for a period of 5 years, and the Department must include the timeframe that the permit is valid on every permit issued under this subsection. Commencement of harvesting activity notice instructions must be included on every permit under this subsection in accordance with paragraph (1) of subsection (c) of this Section. The non-refundable application fee for every permit under this subsection is $200, and all fees collected by the Department shall be deposited into the Road Fund. (b) An applicant for a permit in subsection (a) must: (1) sign a release acknowledging that the applicant | ||
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(2) demonstrate proof that a liability insurance | ||
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(3) pay a non-refundable application fee of $200. (c) The usage of a permit in subsection (a) is subject to the following limitations: (1) The permittee must give the Department 48 hours | ||
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(2) The permittee must carry a copy of the permit at | ||
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(3) The permittee may use the permit only when soil | ||
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(4) The permittee may not alter, damage, or remove | ||
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(d) The Department may immediately terminate a permit in subsection (a) issued to a permittee for failure to comply with the use limitations of subsection (c). (e) The Department or the permittee may cancel the permit at any time upon 3 days written notice. (f) The Department may promulgate rules for the administration of this Section.
(Source: P.A. 97-134, eff. 1-1-12; 97-813, eff. 7-13-12.) |
(605 ILCS 5/9-121) (from Ch. 121, par. 9-121)
Sec. 9-121.
It is unlawful for any person to deposit in a public
highway or rest area weeds, trash, garbage or other offensive matter or any broken
bottles, glass, boards containing projecting nails or any other thing
likely to cause punctures in the tires of motor vehicles; and any person
so offending shall be guilty of a petty offense. However, this Section
shall not apply to proper deposits of harmless materials made in good
faith and in a proper manner to repair the roads or to the proper disposal
of travel and picnic trash in the waste containers provided for such purpose
at rest areas.
(Source: P.A. 81-551.)
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(605 ILCS 5/9-122) (from Ch. 121, par. 9-122)
Sec. 9-122.
If any person purposely destroys or injures any sidewalk,
public bridge, culvert, or causeway, or removes any of the timber or plank
thereof, or obstructs the same, he shall be guilty of a petty offense,
fined not more than $100, and shall be liable for all damages occasioned
thereby and all necessary costs for rebuilding or repairing the same.
(Source: P.A. 77-2238.)
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(605 ILCS 5/9-123) (from Ch. 121, par. 9-123)
Sec. 9-123.
No person, firm, corporation, or institution, public or
private, shall discharge or empty any type of sewage, including the
effluent from septic tanks or other sewage treatment devices, or any other
domestic, commercial or industrial waste, or any putrescible liquids, or
cause the same to be discharged or emptied in any manner into open ditches
along any public street or highway, or into any drain or drainage structure
installed solely for street or highway drainage purposes.
Any person, firm, corporation, or institution, public or private, in
violation of this Section, shall be guilty of a petty offense and in
addition shall be fined $25 per day for each day such violation exists.
The highway authority having jurisdiction over the public street or
highway affected by such violation shall enter a complaint in the proper
court against any violator of this Section. Upon the failure of any such
highway authority to so act, any other person, may in the name of the
political division or municipality, enter such complaint.
(Source: P.A. 77-2238.)
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(605 ILCS 5/9-124) (from Ch. 121, par. 9-124)
Sec. 9-124.
It is unlawful for any person to camp on any public highway in this
State or to make, other than in an emergency, a rest stop except at areas
designated for such rest stops.
Any resident of this State may enter complaint before the circuit court
against any person or persons found violating this Section and the court
shall issue a warrant for the arrest of such violators and have them
brought forthwith before such court for examination. Any such violator
shall be guilty of a Class C misdemeanor.
(Source: P.A. 78-628.)
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(605 ILCS 5/9-124.1) (from Ch. 121, par. 9-124.1)
Sec. 9-124.1.
It is unlawful for any person to tether or turn loose any stock, cows,
horses or other animals on any public highway in this State for the purpose
of feeding the same.
Any resident of this State may enter complaint before the circuit court
against any person or persons found violating this Section and the court
shall issue a warrant for the arrest of such violators and have them
brought forthwith before such court for examination. Any such violator
shall be guilty of a Class C misdemeanor.
(Source: P.A. 78-628.)
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(605 ILCS 5/9-125) (from Ch. 121, par. 9-125)
Sec. 9-125.
The appropriate highway authorities shall seasonably prosecute
for all fines and penalties provided for in this Code for violations
committed on highways under their respective jurisdictions.
Whenever any person complains of a violation of this Code to the highway
authority that has jurisdiction over the particular highway where the
violation of this Code is alleged to have been committed, such highway
authority shall proceed to investigate as to the reason for such complaint
and, if the complaint is found to be just, shall at once proceed to
prosecution of the offender.
In case the highway authority fails to prosecute, complaint may be made
by any person before any court of proper jurisdiction.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-126) (from Ch. 121, par. 9-126)
Sec. 9-126.
Fines and penalties recovered under the provisions of this Code
shall be paid over to the treasurer of the highway authority responsible
for the maintenance and upkeep of the public street or highway upon or
along which the violation or offense occurred, and all such monies shall be
used only for the construction or maintenance of such streets or highways.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/9-127) (from Ch. 121, par. 9-127)
Sec. 9-127. (a) Except as provided in subsections (b),
(c), and (d)
and in cases
where the deed, or other instrument, dedicating
a highway or part thereof, has expressly provided for a specific devolution
of the title thereto upon the abandonment or vacation thereof, whenever any
highway or any part thereof is vacated under or by virtue of any Act of
this State or by the highway authority authorized to vacate the highway,
the title to the land included within the highway or part thereof so
vacated, vests in the then owners of the land abutting thereon, in the same
proportions and to the same extent, as though the highway had been
dedicated by a common law plat (as distinguished from a statutory plat) and
as though the fee of the highway had been acquired by the owners as a part
of the land abutting on the highway except, however, such vacation shall
reserve to any public utility with facilities located in, under, over or upon
the land an easement for the continued use, if any, by such public utility.
(b) When any highway authority determines to vacate a highway under
its jurisdiction, or part thereof, established within a subdivision by a
statutory plat, that authority may vacate such highway and convey the
highway authority's interest in such highway to any bona fide organization
of property owners of the subdivision which (1) is so organized as to be
able to receive, hold and convey real property, (2) has petitioned the
highway authority for the vacation of the highway, and (3) undertakes to
develop the property for the use and benefit of the public. If the
association abandons the property, it passes as provided in subsection (a).
(c) When any highway authority determines to vacate a highway or part of a
highway under
its jurisdiction established within a subdivision by a
statutory plat, that authority may vacate the highway and convey the
highway authority's interest in the highway to any township road district which
(1) has petitioned the highway authority for the vacation of the highway and
(2) undertakes to develop the property as a bike path or alley
for the use and benefit of the public. If the property is subsequently
incorporated within a municipality, the township road district may transfer its
interest to the municipality. If the township road district or municipality
abandons the property, it passes as provided in subsection (a). (d) When any highway authority determines to vacate a highway or a part of a highway under its jurisdiction, the authority may sell the vacated highway property to any third party at fair market value if (1) the authority has either a fee simple interest in the vacated highway property or a dedication of that property by statutory plat and (2) the right of first refusal with regard to the vacated highway property has been granted to adjoining landowners for fair market value.
(Source: P.A. 93-321, eff. 7-23-03; 94-476, eff. 8-4-05.)
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(605 ILCS 5/9-128) (from Ch. 121, par. 9-128)
Sec. 9-128.
Any person who intentionally damages or removes an official
sign or other traffic control device erected by the proper authority having
jurisdiction over such highway authorized by Chapter 11, Article III of The
Illinois Vehicle Code, as now or hereafter amended, or any other sign
authorized and approved by this Code shall be guilty of a Class C
misdemeanor, punishable by a fine of at least $250 in addition to any other
penalties which may be imposed. This Section does not apply to persons
properly authorized to repair or remove such signs or other traffic
control device.
(Source: P.A. 83-672.)
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(605 ILCS 5/9-129) (from Ch. 121, par. 9-129)
Sec. 9-129.
Agricultural aircraft used for crop dusting or other activities
in aid of agriculture as authorized by the Division of Aeronautics of the
Department of Transportation may use any county highway or township road
as defined under Sections 2-204 and 2-205 of this Code, if granted permission
by the County Superintendent of Highways or the Highway Commissioner, whoever
shall have proper jurisdiction over such road. Permission to use county
highways or township roads shall only be granted by the County Superintendent
of Highways or the Highway Commissioner if the average daily traffic count
is less than 200. Roads used by agricultural aircraft shall be blocked by
barricades conforming to the Manual of Uniform Traffic Control Devices adopted
by the Department and shall be accompanied at all times, while in
place upon such road, by a flagman. All barricades and flagmen shall be
furnished by any individual applying for permission to use any such roads
for agricultural aircraft.
Traffic shall not be delayed by the use of a county highway or township
road by agricultural aircraft by more than 15 minutes in each 30 minute
period, and no emergency vehicle shall be delayed at any time unless the
safety of either the plane or emergency vehicle would be seriously threatened
if the emergency vehicle were allowed to proceed.
A county, county superintendent of highways, township or township commissioner
shall not be liable for any personal injuries caused as a result of the
operation of agricultural aircraft on such highways.
(Source: P.A. 83-92.)
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(605 ILCS 5/9-130) (from Ch. 121, par. 9-130)
Sec. 9-130.
No person, firm, corporation or institution,
public or private,
shall plow or remove or cause to be plowed or removed ice or snow from any
shopping center, parking lot, commercial or institutional service area or
driveway or any other public or private service area or driveway and deposit
such ice or snow upon a public highway or along the shoulder or edge of
a public highway. Such prohibition shall not pertain to a residential driveway
or sidewalk.
Any person, firm, corporation or institution, public or private, who violates
this Section is guilty of a petty offense.
(Source: P.A. 83-1362.)
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(605 ILCS 5/9-131)
Sec. 9-131. Installation of fiber-optic network conduit. (a) For purposes of this Section: "Fiber-optic network conduit" means a pipe or duct used to enclose fiber-optic cable facilities buried alongside the roadway or surface mounted on bridges, overpasses, and other facilities where below ground placement is impossible or impractical. (b) In order to ensure affordable high-speed, world-class core information and communication networks are available throughout Illinois, the Illinois Department of Transportation and the Department of Central Management Services shall collaborate to install fiber-optic network conduit where it does not already exist in every new State-funded construction project that opens, bores, or trenches alongside a State-owned infrastructure, including, but not limited to, roadways and bridges. The Department of Central Management Services or the Department of Transportation may permit a third party to manage the fiber and conduit leasing. The Department of Central Management Services and the Department of Transportation shall take reasonable steps to ensure market-based, non-discriminatory pricing. Public bidding notices for such projects must describe the need for fiber-optic conduit or cable. The Department of Transportation shall report annually to the Governor and the General Assembly on the progress and any associated costs incurred by this Section. This Section does not prohibit the State from purchasing or installing fiber-optic cable within the fiber-optic network conduit.
(Source: P.A. 96-37, eff. 7-13-09.) |
(605 ILCS 5/9-132) Sec. 9-132. Highway design. A unit of local government may consult a highway design publication outside the Department's Bureau of Local Roads and Streets Manual for the construction of any highway in ownership or control of the unit of local government, except for a highway that is part of the National System of Interstate and Defense Highways, if: (1) the unit of local government receives federal or | ||
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(2) the highway design publication is approved by the | ||
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(3) the highway design publication is adopted by the | ||
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(4) the design complies with all other applicable | ||
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(Source: P.A. 99-727, eff. 1-1-17.) |
(605 ILCS 5/Art. 10 heading) ARTICLE 10.
SPECIAL PROVISIONS CONCERNING BRIDGES,
FERRIES, TERMINALS AND OTHER HIGHWAY STRUCTURES
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(605 ILCS 5/Art. 10 Div. 1 heading) DIVISION 1.
DEPARTMENT ACQUISITION BY GIFT OF
BRIDGES AND APPROACHES ACROSS STREAMS FORMING
STATE BOUNDARY AND MAINTENANCE THEREOF
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(605 ILCS 5/10-101) (from Ch. 121, par. 10-101)
Sec. 10-101.
The Department may acquire, by gift, any bridge or part of a
bridge and its approaches located in Illinois which cross any stream
forming a boundary line between this State and any adjoining state whenever
the bridge and its approaches constitute a direct continuation of a State
highway and of an improved highway in the adjoining state.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-102) (from Ch. 121, par. 10-102)
Sec. 10-102.
Before acquiring any bridge or part of a bridge and its
approaches as provided in this Division of this Article, the Department
shall ascertain, except as otherwise provided in Section 10-102.1, that the
bridge and its approaches are structurally sound
and in a good state of repair, that all bonds or other obligations issued
to finance the cost of constructing or acquiring the bridge and its
approaches have been fully retired and that all interest charges in
connection therewith have been fully paid and that there are no mortgages,
liens or encumbrances of any nature outstanding against the bridge and its
approaches or the real property acquired in connection therewith, and, in
case the bridge is across a navigable stream, that authority to construct,
maintain and operate the bridge and approaches was granted by Act of
Congress and that the Act, or a subsequent Act or Acts of Congress in
connection therewith, granted full authority to sell, assign or transfer
all rights, powers and privileges conferred by the Act of Congress. The
conveyance shall be by warranty deed and run to the State of Illinois. The
conveyance shall include any interest in real property acquired in
connection with the bridge, and shall assign and transfer to the State all
rights, powers and privileges conferred by any Act or Acts of Congress in
connection with the bridge and approaches.
(Source: P.A. 92-679, eff. 7-16-02.)
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(605 ILCS 5/10-102.1)
Sec. 10-102.1. (Repealed).
(Source: P.A. 92-679, eff. 7-16-02. Repealed by P.A. 99-933, eff. 1-27-17.)
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(605 ILCS 5/10-103) (from Ch. 121, par. 10-103)
Sec. 10-103.
(a) When the Department has acquired title to any bridge or
part of a bridge and its approaches as provided in this Division, it is
authorized to assume jointly with the adjoining state, or a political
subdivision of the adjoining state, responsibility for the future maintenance,
operation and control of such bridge. However, the Department shall not
pay more than one-half of the cost of the future maintenance, operation
and control of the entire bridge and its approaches, except that the
Department's share may be proportionate to the length of the bridge
within Illinois where required for compatibility with the adjoining
state's statutes. The Department may contract with the adjoining state
or with a political subdivision of the adjoining state for the maintenance, operation
and control of the entire bridge and its approaches by the adjoining
state or its political subdivision and for the reimbursement by the
Department for the share of the cost properly chargeable to the State of
Illinois. In such cases, the Department may also contract to maintain,
operate and control the entire bridge itself if the contract also
provides for reimbursement of the Department by the adjoining state or
its political subdivision of the share of the cost properly chargeable
to such adjoining state or its political subdivision.
(b) Any such contract between the Department and the adjoining state
or a political subdivision of the adjoining state entered into under paragraph
(a) of this Section shall be for a period not to exceed 50 years and shall be
1. renewable annually in the discretion of the Department, and
2. subject to an adequate annual appropriation by the General Assembly
to fund the proportionate share of the costs of the maintenance, operation
and control of the bridge and its approaches properly chargeable to the
State of Illinois.
(Source: P.A. 81-456.)
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(605 ILCS 5/Art. 10 Div. 2 heading) DIVISION 2.
COUNTY CONSTRUCTION AND MAINTENANCE OF FREE BRIDGES ON STATE
BOUNDARIES
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(605 ILCS 5/10-201) (from Ch. 121, par. 10-201)
Sec. 10-201.
Bridges across streams forming the boundary line between this
and any adjoining state, or bridges upon any road which lies upon the
boundary line between this and any adjoining state, may be constructed or
repaired by any county or counties of this State contiguous to the proposed
construction or repair, acting in conjunction with any county, municipality
or subordinate division of the adjoining state, as provided in this
Division of this Article. A bridge may likewise be constructed at the point
of intersection of any highway with the boundary line between this and any
adjoining state, or a bridge already constructed at such point may likewise
be repaired, as provided in this Division of this Article. A county shall
be deemed contiguous to such construction or repair if any part of such
county lies within 80 rods thereof. The total of the cost to be borne by
any county (or counties) of this State shall not exceed one-half of the
total cost of such construction or repair.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-202) (from Ch. 121, par. 10-202)
Sec. 10-202.
The county board of any such county is empowered to
appropriate moneys for the purpose of assisting in the construction or
repair of any such bridge or bridges, or bonds of such county may be
issued for that purpose as follows: Upon the filing with the county
clerk of a petition signed by 100 electors of such county who are owners
of land therein, requesting that the proposition of issuing bonds of
that county for such purpose be submitted to the electors of such county
for their approval or rejection, the county clerk shall certify the petition
to the proper election officials, who shall submit the proposition at
a regular election. Such referendum shall be conducted and notice given
in accordance
with the general election law.
(Source: P.A. 81-1489.)
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(605 ILCS 5/10-203) (from Ch. 121, par. 10-203)
Sec. 10-203.
Such proposition shall be in substantially the following form:
Shall county bonds for YESthe purpose of.... be issued to the amount of....? NO
(Source: P.A. 81-1489.)
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(605 ILCS 5/10-204) (from Ch. 121, par. 10-204)
Sec. 10-204.
If a majority of the legal voters voting at such election on
such question, voted in favor of the proposition, the county clerk shall
issue (from time to time as the work progresses) a sufficient amount, in
the aggregate, of the bonds of such county for the purpose of assisting in
the construction or repair of any such bridge or bridges, as set forth in
this Division of this Article, and in accordance with the prayer of the
petition. Such bonds shall be of such denominations, upon such time, bear
such rate of interest (not exceeding the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract), and be
disposed of, as the
necessities and convenience of such county may require. However, such bonds
shall not be sold nor disposed of, either by sale or by payment to
contractors for labor or materials, for less than par value. Such bonds
shall be issued in not less than 5 nor more than 30 annual series, the
first series of which shall mature not more than 5 years from the date of
issue, and each succeeding series in succeeding years thereafter. A
register of all issues of such bonds shall be kept in the office of the
county clerk of such county, showing the date, amount, rate of interest,
maturity, and the purpose for which such bonds were issued, and it shall be
the duty of such county clerk, to extend annually against all the property
in such county, a tax sufficient to pay the interest of such bonds in each
year prior to the maturity of such first series, and thereafter he shall
extend a tax in each year sufficient to pay each series as it matures,
together with interest thereon and with the interest upon the unmatured
bonds outstanding. Such bonds may be lithographed and the interest for each
year evidenced by interest coupons thereto attached, which coupons shall be
signed with the original or facsimile signatures by the same officers who
executed the bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/10-205) (from Ch. 121, par. 10-205)
Sec. 10-205.
The plans and specifications for the construction or repair of
any such bridge or bridges shall be approved by the county superintendent
of highways (or county superintendents of highways, in case two counties of
this State are assisting in such construction or repair), and by the
Department. The contract for any such work shall be let by the county board
(or county boards, in case two counties of this State are assisting in such
construction or repair), acting jointly with the corporate authorities of
the county, municipality, or other subordinate division of the adjoining
state. However, no contract shall be considered as let unless the
contractor shall within 15 days after the final award of same, file with
the county clerk of such county (or of each such county) a bond, with good
and sufficient sureties, in a sum equal to the part of the total cost which
that county is to bear, conditioned upon the faithful performance of such
contract.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-206) (from Ch. 121, par. 10-206)
Sec. 10-206.
If the cost of such construction or repair is $1,000 or less,
such county (or counties) shall not be liable for any part of such expense
until all the work has been fully completed, and has been accepted by the
county superintendent of highways (or by each county superintendent of
highways). Such official (or officials) shall certify such acceptance to
his county board (or to their respective county boards), and shall
accompany such certificate with an itemized statement of all expenditures
in such construction or repair.
If the total cost of the construction or repair exceeds $1,000, partial
payments not oftener than once a month, and not to exceed 90% of the work
actually completed, may be paid the contractor by the county (or counties).
No such partial payments shall be made unless approved by the county
superintendent of highways (or by each county superintendent of highways),
and no partial payments shall in any way be deemed an acceptance of the
work until such work has been fully completed and accepted by the county
superintendent (or by each county superintendent of highways) and such
acceptance certified as provided above.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 10 Div. 3 heading) DIVISION 3.
COUNTY TOLL BRIDGES
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(605 ILCS 5/10-301) (from Ch. 121, par. 10-301)
Sec. 10-301.
Each county of this State, is authorized to acquire by
purchase or otherwise, to construct, repair, maintain and operate a bridge
or bridges over and across any navigable or non-navigable stream within
such county, or forming a boundary line between such county and any other
county in the State of Illinois, or forming a boundary line between the
State of Illinois and any adjoining state, and shall have authority to
exercise all such powers within its boundaries and in adjacent territory
within this State, and in any adjoining state, after first having obtained
authority, if any be necessary, from the Department and the United States.
Such powers may be exercised either directly through the county board of
any such county, or through a bridge commission created as in this Division
of this Article provided.
For the purposes of this Division of this Article "Bridge" means any
bridge over or across any stream, navigable or non-navigable, including any
bridges and the approaches thereto, and all necessary elevated structures
to eliminate intersection at grade with any streets, tunnels, public roads,
thoroughfares, highways, railroads or street railroads.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-302) (from Ch. 121, par. 10-302)
Sec. 10-302. Every county which, by ordinance, determines to exercise the
powers granted by this Division of this Article has the right to acquire by
purchase or otherwise, to construct, repair, maintain and operate any such
bridge and its approaches across, above or under any railroad or public
utility right-of-way, and in, upon, under or above any public or private
road, highway, street, alley or public ground, or upon any property owned
by any municipality, political subdivision or agency of this State, and for
the purpose of acquiring property or easements necessary or incidental in
the construction, repair, maintenance or operation of any such bridge and
the approaches thereto, any such county shall have the right of eminent
domain as provided by the Eminent Domain Act. The county board of each such county has power to make, enact
and enforce all needful rules and regulations in connection with the
acquisition, construction, maintenance, operation, management, care or
protection of any such bridge, and such county board shall establish rates
of toll or charges for the use of each such bridge which shall be
sufficient at all times to pay the cost of maintenance and operation of
such bridge and its approaches, and the principal of and interest on all
bonds issued and all other obligations incurred by such county under the
provisions of this Division of this Article. Rules and regulations shall be
established from time to time by ordinance.
Rates of toll or charges for the use of each such bridge shall be
established, revised, maintained, be payable and be enforced,
including by administrative adjudication as provided in Section 10-302.5,
as the county board of each such county may determine by ordinance.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. If electronic toll collection is used on such bridge, the county shall configure the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The county may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services. Any toll bridges in Winnebago County that are in operation and collecting tolls on the effective date of this amendatory Act of the 97th General Assembly are exempt from the provisions of the Act. (Source: P.A. 97-252, eff. 8-4-11.)
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(605 ILCS 5/10-302.5)
Sec. 10-302.5. Administrative adjudication of toll violations.
(a) The county may provide by ordinance for a system of administrative
adjudication for fixing, assessing, and collecting civil fines for a vehicle's
operation on a county toll bridge if the required toll or charge has not been
paid.
(b) An ordinance establishing a system of administrative adjudication under
this Section shall provide for the following:
(1) Written notice of the alleged violation sent by | ||
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(2) Availability of a hearing in which the violation | ||
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(3) An opportunity for the person who allegedly | ||
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(4) A civil fine not to exceed $500 imposed as the | ||
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(5) A burden of proof on the county to establish a | ||
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(6) Judicial review of final determinations of | ||
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(c) The county may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority under which the Authority may provide administrative adjudication of toll violations occurring on a county toll bridge. (Source: P.A. 97-252, eff. 8-4-11.)
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(605 ILCS 5/10-303) (from Ch. 121, par. 10-303)
Sec. 10-303.
For the purpose of acquiring by purchase or otherwise or the
constructing of any such bridge, the county board of each such county is
authorized to borrow money and in evidence thereof to issue the bonds of
such county, and to refund the same from time to time, payable solely from
the revenues derived from the operation of such bridge. Such bonds may be
issued as serial or term bonds, shall mature in not to exceed 40 years from
the date thereof, and may be made redeemable, prior to maturity, with or
without premium. Such bonds may be issued in such amounts as may be
necessary to provide sufficient funds to pay the cost of acquiring or
constructing such bridge and the approaches thereto, including all property
real or personal, necessary or incidental in the acquisition or
construction of such bridge and its approaches, including reasonable legal
and engineering, traffic survey, and architectural fees, costs of
financing, and interest during construction and for not less than 12 months
thereafter. Such bonds shall bear interest at a rate not to exceed that
permitted in "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended,
payable semi-annually. Bonds issued under the provisions of this
Division of this Article have the qualities and incidents of negotiable
instruments under the laws of the State of Illinois, shall be executed in
the name of the county by the chairman of the county board and the county
clerk of such county, and shall be sealed with the corporate seal of the
county, and the interest coupons attached to such bonds shall be executed
by the facsimile signatures of such chairman and county clerk, and such
officials by the execution of such bonds shall adopt as and for their own
proper signatures their respective facsimile signatures appearing on such
coupons. In case any officer whose signature appears on any such bonds or
coupons ceases to be such officer before delivery of such bonds, such
signatures shall nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until such delivery.
Such bonds may be registered as to principal at any time prior to
maturity in the name of the holder on the books of the county in the office
of the county treasurer, such registration to be noted on the reverse side
of the bonds by the county treasurer, and thereafter the principal of such
registered bonds shall be payable only to the registered holder, his legal
representatives or assigns. Such registered bonds shall be transferable to
another registered holder, or back to bearer, only upon presentation to the
county treasurer with the legal assignment duly acknowledged or approved.
Registration of any such bonds shall not affect negotiability of the
coupons thereto attached, but such coupons shall be transferable by
delivery merely.
All such bonds issued by any such county shall be sold in such
manner and at such time as the governing body shall determine. Whenever the
governing body of any such county determines to issue bonds as provided for
in this Division of this Article, it shall adopt an ordinance describing in
a general way the bridge to be acquired or constructed and its general
location. Such ordinance shall set out the aggregate amount of the
estimated cost of the acquisition or construction of such bridge, as
prepared by the engineers employed for that purpose, determine the period
of usefulness thereof and fix the amount of revenue bonds to be issued, the
maturity or maturities, redemption privileges, the interest rate, sinking
fund, and all other details in connection with such bonds, including such
reserve accounts as the county board of such county may deem necessary.
Such ordinance may contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed necessary
or advisable for the assurance of the payment of the bonds thereby
authorized. Revenue bonds issued under the provisions of this Division of
this Article shall be payable solely from the revenue derived from such
bridge, and such bonds shall not, in any event constitute or be deemed an
indebtedness of such county within the meaning of any constitutional
provisions or statutory limitation as to debt, and it shall be plainly
stated on the face of each bond that it does not constitute an indebtedness
within any constitutional or statutory limitation. Such ordinance shall be
published within 30 days after its passage in a newspaper, published and
having a general circulation in such county, and shall not become effective
until 10 days after its publication.
(Source: P.A. 83-225.)
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(605 ILCS 5/10-304) (from Ch. 121, par. 10-304)
Sec. 10-304.
Any ordinance authorizing the issuance of bonds under this
Division of this Article shall provide for the creation of a sinking fund
into which shall be payable from the revenues of such bridge, from month to
month, as such revenues are collected, such sums in excess of the cost of
maintenance and operation and the sums necessary to maintain any reserve
accounts created by such ordinance, as will be sufficient to pay the
accruing interest and retire the bonds at or before maturity. The moneys in
such sinking fund shall be applied solely in the payment of matured
interest on bonds authorized under the provisions of this Division of this
Article and for the retirement of such bonds at or prior to maturity in the
manner herein provided. All sums in the sinking fund in excess of the
amount required for the payment of interest and principal of all
outstanding bonds for the current year shall be paid out upon the order of
the governing body for the purchase or redemption of bonds issued under the
provisions of this Division of this Article, for the account of which such
sinking fund has been accumulated, where it is possible to purchase or
redeem the same at not more than par and accrued interest. If such bonds
cannot be purchased or redeemed, such funds shall be used to pay the
principal or interest on bonds issued under the provisions of this Division
of this Article as the same become due. Any excess sums in the sinking fund
which cannot be applied to the purchase or redemption of bonds may be
invested in securities of the United States maturing not more than 6 months
after the date such sums can be applied to the retirement of the bonds at
maturity.
Upon the issuance of any bonds as in this Division of this Article
provided and while any of such bonds are outstanding, all revenues, in
excess of the sums required for maintenance and operation of the bridge,
and the maintenance of the reserve accounts created, shall be deposited in
the sinking fund, and shall be used for the purchase, redemption or payment
at maturity of the interest and principal of bonds as provided in this
section, that have been issued in accordance with the provisions of this
Division of this Article.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-305) (from Ch. 121, par. 10-305)
Sec. 10-305.
The county treasurer of each such county shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Division of this Article and of all revenues derived from the
operation of any such bridge, and before he shall receive any such funds he
shall be required to post with the county board of such county and subject
to their approval, a separate corporate surety bond in an amount to be
determined by resolution of such county board. He shall be required to keep
proceeds of bonds issued and revenues derived from the operation of any
such bridge separate and apart from all other funds which come into his
hands as the county treasurer, and the proceeds of bonds issued and the
revenues derived from the operation of the bridge shall be by him deposited
in separate bank or savings and loan association accounts
to be designated for that purpose
by the county board of the county. No money shall be paid out of such
accounts by the county treasurer except upon an order signed by the
chairman of the county board or the chairman of the finance committee of
such county board and the county clerk. All such orders shall specify the
purpose for which the amount thereof is to be paid with sufficient
clearness to indicate the purpose for which the order is issued, and there
shall be endorsed thereon the name of the particular fund out of which it
is payable, and it shall be paid from the fund constituted for such purpose
and from no other fund.
(Source: P.A. 83-541.)
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(605 ILCS 5/10-306) (from Ch. 121, par. 10-306)
Sec. 10-306.
The county board of each such county shall install and
maintain a proper system of accounts, showing the receipts from the
operation of the bridge and the application of the same, and the county
board shall at least once a year cause such accounts to be properly audited
by a certified public accountant and copies of such audit shall be filed in
the office of the county clerk and shall be open for inspection at all
proper times to any taxpayer, bondholder or other creditor of such county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-307) (from Ch. 121, par. 10-307)
Sec. 10-307.
Any holder of a bond or bonds, or any of the coupons of any
bond or bonds issued under the provisions of this Division of this Article
may, by action, mandamus, injunction
or other
proceeding, enforce or compel the performance of all duties required by
this Division of this Article, including the fixing, maintaining and
collecting of such rates of toll or charges for the use of such bridge and
its approaches as will be sufficient for all the purposes provided by this
Division of this Article and the application of the income and revenue
therefor. All bonds issued under the provisions of this Division of this
Article shall enjoy equal rights in respect of the revenues of each such
bridge regardless of the time of the actual issuance or delivery thereof.
(Source: P.A. 83-345.)
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(605 ILCS 5/10-308) (from Ch. 121, par. 10-308)
Sec. 10-308.
The county board of each such county shall have no power to
borrow money for the acquisition or construction of any such toll bridge or
bridges except as in this Division of this Article provided and all money
borrowed and obligations incurred by each such county in the acquisition or
construction, and in the repair, maintenance and operation of each such
bridge shall be payable solely and only from the revenues derived from the
operation of each such toll bridge.
All contracts for the construction of any such bridge and its approaches
involving the sum of $500 or more, shall be let to the lowest responsible
bidder therefor after notice inviting bids shall have been given by the
county board. Notice inviting bids shall be published at least once in a
daily or weekly newspaper, published and of general circulation in the
county, the date of publication to be not less than 15 days prior to the
date set for receiving bids. The county board shall have the right to
reject all proposals or bids submitted, in which event a new date must be
set for receiving bids and a new advertisement inviting bids published, as
required in the first instance.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-309) (from Ch. 121, par. 10-309)
Sec. 10-309.
Title to all property acquired pursuant to this Division of
this Article shall be taken in the name of the county.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-310) (from Ch. 121, par. 10-310)
Sec. 10-310.
The county board of each such county shall establish by
ordinance the beginning and ending of a fiscal year for the operation of
each such bridge, which period shall constitute the budget year for the
maintenance and operation of each such bridge, and at least 30 days
prior to the beginning of the first full fiscal year after the
completion of each such bridge, the county board shall prepare a
tentative budget which shall include all proposed operation and
maintenance expenses for the ensuing fiscal year. Such budget shall be
considered by the county board and after consideration and any revision
as may be determined by such county board, it shall be adopted within 30
days after the beginning of each fiscal year by such county board as the
budget for the ensuing year and no expenditures in excess of the budget
shall be made during such fiscal year unless authorized and directed by
a four-fifths vote of the county board of each such county. It shall not
be necessary to include in such budget any statement of necessary
expenditures for debt service or capital outlay incurred in any
preceding year, but the county board shall make provision for such
payments as they become due. Upon the adoption of such budget a copy
thereof shall be filed in the office of the county clerk and shall be
open for inspection by the public. The funds of the county derived from
the operation of any such bridge shall not be subject to the provisions
of "An Act in relation to the budgets of counties not required by law to
pass an annual appropriation bill," approved July 10, 1933, as amended.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-311) (from Ch. 121, par. 10-311)
Sec. 10-311.
The county board of each such county may in its discretion, by
ordinance, create a bridge commission for the purpose of exercising the
powers conferred by this Division of this Article if such county board
deems it expedient and necessary. The chairman of the county board, subject
to the approval of the county board, shall appoint 4 persons, all of whom,
in counties under township organization, shall be members of the county
board of such county, who with such chairman, ex officio, shall constitute
a bridge commission to be designated the ".... County Bridge Commission."
All members appointed to such commission shall be legal voters of said
county, and shall have resided in said county for at least 2 years prior to
the date of their appointment to such commission. Any person holding an
elective or appointive public office shall not be eligible for appointment
to the commission, and any person who has held an elective or appointive
public office shall not be eligible for one year after the expiration of
his term of office; provided, however, such restrictions as to eligibility
for appointment shall not be applicable to members of the county board of
the county who shall be eligible for appointment nevertheless.
One of such appointees shall be appointed for a term of one year, one
for a term of 2 years, one for a term of 3 years, and one for a term of 4
years, and annually thereafter appointments to fill the expired terms shall
be made in like manner except that the term of each such appointee shall be
for a term of 4 years. Vacancies shall be filled for any unexpired term in
the same manner as the original appointment. Such bridge commission shall
elect a chairman and vice-chairman from its membership and a secretary who
need not be a member of such commission. The members of the commission
shall receive no compensation for their service and shall give such bond as
may be required from time to time by the county board of the county. The
commission shall fix the compensation of the secretary subject to the
approval thereof by the governing body of the county. The commission shall
have power to establish by-laws, rules and regulations for its own
government and shall have general supervision over the construction,
operation, and management of each such bridge proposed or constructed by
each county under the provisions of this Division of this Article; may
employ engineering, structural and construction experts, inspectors and
attorneys and such other employees as may be necessary in its opinion, fix
their compensation and prescribe their duties. All salaries and
compensation shall be obligations of the county, payable solely from the
revenues derived from the operation of the bridge as provided under this
Division of this Article. The office records, books and accounts of the
bridge commission shall be maintained in the office of the county clerk of
the county.
Each such bridge commission may be authorized and directed by the county
board to prepare all necessary plans and specifications for the
construction of such bridge or bridges, select the location for the same,
determine the size, type, method of construction, make all necessary
estimates of the probable cost of the construction and the acquisition of
land and rights necessary and incidental to the construction of the bridge
and its approaches and enter into all contracts to build and construct such
bridge and its approaches subject to the limitations provided in this
Division of this Article. No plans and specifications or estimate of cost
for the construction of any such bridge and its approaches shall be adopted
by the bridge commission until it has first been submitted to the county
board of the county and approved by such county board, and such bridge
commission shall not enter into any contract or incur any liabilities in
connection with the construction of any such bridge or its approaches
unless and until such contracts or liabilities have been approved by the
county board of such county.
Such bridge commission shall operate, manage and control any such bridge
constructed or acquired under the provisions of this Division of this
Article, fix the rates of toll, or charges for the use thereof, establish
rules and regulations for the use and operation of such bridge, and if and
when authorized by the county board of any such county shall have power to
reconstruct, extend and enlarge any such bridge or bridges.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-312) (from Ch. 121, par. 10-312)
Sec. 10-312.
The provisions of this Division of this Article shall be
cumulative and shall be considered as conferring additional power on
counties and as additions to and not as limitations upon the power of
counties to acquire, construct, maintain or operate bridges, and as
authorizing the issuance of bonds payable solely from the revenues derived
from the operation of such bridges without submitting the proposition of
issuing such bonds to the voters.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 10 Div. 5 heading) DIVISION 5.
MUNICIPAL BRIDGES AND APPROACHES
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(605 ILCS 5/10-501) (from Ch. 121, par. 10-501)
Sec. 10-501.
Each municipality in this State is authorized to construct or
acquire by purchase, lease or gift, and to maintain bridges and the
approaches thereto within the corporate limits, or at any point within 3
miles of the corporate limits of such municipality. All such bridges shall
be free to the public, and no toll shall ever be collected by any such
municipality except as hereinafter in this Division of this Article
provided.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-502) (from Ch. 121, par. 10-502)
Sec. 10-502. In all cases where a bridge shall heretofore have been
constructed or shall hereafter be constructed across a navigable stream by
any municipality in whole or in part without the territorial limits of such
city, where the population of such municipality furnishing the principal
part of the expenses thereof shall not exceed 10,000 inhabitants, and where
it is necessary to maintain a draw and lights, then a reasonable toll may
be collected by the municipality building such bridge, to be set apart and
appropriated to the expense of maintaining such bridge and keeping such
bridge in repair, and of maintaining, opening and closing proper draws
therefor, and lights, and to the payment of bonds or interest thereon,
issued therefor, as hereinafter provided in this Division of this Article.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. If electronic toll collection is used on such bridge, the municipality shall configure the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The municipality may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services. (Source: P.A. 97-252, eff. 8-4-11.)
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(605 ILCS 5/10-503) (from Ch. 121, par. 10-503)
Sec. 10-503.
Every bridge so owned, acquired or controlled by such
municipality and the approaches thereto when in whole or in part outside
the corporate limits thereof shall be subject to the municipal control and
ordinances of such municipality, the same to all intents and purposes and
in effect, as though such bridge and approaches thereto were entirely
situated within the corporate limits of such municipality, and in such case
the county may assist in the construction of such bridge as is provided by
law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-504) (from Ch. 121, par. 10-504)
Sec. 10-504.
Any municipality within this state for the purpose of
acquiring, paying for, maintaining, or constructing any such bridge or
bridges, and the approaches thereto as in this Division of this Article
provided, is authorized to issue such bonds under the general laws of
this state in an amount which, together with all the other indebtedness
of such municipality, shall not exceed 5% on the assessed valuation of
the taxable property within the corporate limits of such municipality as
provided by law, the same to be payable out of the general revenue and
funds of such municipality.
Provided, such municipality is also authorized to issue for the
purposes aforesaid, or any of them, bonds in such sum as may be
necessary for the purposes aforesaid or any of them, in addition to and
over and above the bonds first in this section hereinbefore provided
for, in excess of the said 5% of the assessed valuation of the property
within any such municipality. Such bonds shall not, however, be payable
out of nor be in charge upon any of the general revenue or funds of such
municipality, but shall be payable out of the income derived by such
municipality from the operation and maintenance of any such bridge or
bridges. And provided further, that before any such bonds shall be
issued, the question of the issuance thereof shall be submitted to a
vote of the legal voters of the municipality at an election in accordance
with the general election law and approved by a majority
of those voting on the question at such election: And provided further, that for the
purpose of securing such bonds so issued in excess of 5% of the assessed
valuation of the taxable property within such municipality, such
municipality may by the ordinance providing for the issuance of such
bonds, mortgage or pledge any such bridge or approaches, and the income
derived or to be derived therefrom, for the payment of such bonds, and
the interest thereon: And provided further, nothing herein shall prevent
such municipality from paying any such bonds issued in excess of said 5%
of such assessed valuation or the interest thereon out of the general
funds or revenue of such municipality, if it shall see fit so to do, if
at the time of so paying same out of such general funds and revenue of
such municipality, such municipality shall not be indebted in excess of
5% of the assessed valuation of the taxable property within such
municipality in excess of the amount so paid by such municipality out of
its general revenue and funds in the payment of such bonds. But nothing
herein shall be deemed, taken or held to entitle the holder or holders
of any such bond or bonds to payment of the same or of the interest
thereon out of any such general funds or revenue of such municipality.
(Source: P.A. 81-1489.)
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(605 ILCS 5/Art. 10 Div. 6 heading) DIVISION 6.
MUNICIPAL BRIDGES, FERRIES AND TERMINALS
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(605 ILCS 5/10-601) (from Ch. 121, par. 10-601)
Sec. 10-601.
The corporate authorities of any municipality, have the power
to acquire by purchase, lease, or gift, ferries, bridges, the approaches
thereto, and not exceeding 4 acres of land within the corporate limits, or
within 5 miles of the corporate limits thereof for each ferry or bridge.
They also have the power to maintain, regulate and fix the tolls on these
ferries and bridges.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-602) (from Ch. 121, par. 10-602)
Sec. 10-602. Every municipality has the power:
(1) To construct, or acquire by purchase, lease, | ||
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(2) To construct and maintain highways within 5 miles | ||
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(3) To construct or acquire by purchase, lease, gift, | ||
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(4) To donate money to aid the road districts in | ||
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All such ferries, bridges, and highways shall be free to the public and
no toll shall ever be collected by the municipality except that:
(1) Tolls may be collected for transit over and use | ||
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(2) Any municipality which, within the provisions of | ||
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(3) Where any municipality is the owner of any toll | ||
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(4) In all cases where, after July 1, 1881, a bridge | ||
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(5) The General Assembly finds that electronic toll | ||
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(Source: P.A. 97-252, eff. 8-4-11.)
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(605 ILCS 5/10-603) (from Ch. 121, par. 10-603)
Sec. 10-603.
Every bridge or ferry and also the approaches thereto, owned
or controlled by a municipality as provided in Section 10-602, when
outside the corporate limits, are subject to the municipal control and
ordinances of the municipality, the same as though the bridge or ferry and
the approaches thereto, were situated within the corporate limits of the
municipality. In such case the county may assist in the construction of
such bridge, as is now provided by law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-604) (from Ch. 121, par. 10-604)
Sec. 10-604.
Every municipality with a population of less than 500,000
which is located on a navigable stream has the power to acquire, construct,
maintain, and operate either within or without its corporate limits,
bridges and approaches, and transportation and other terminal facilities.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-605) (from Ch. 121, par. 10-605)
Sec. 10-605.
For the purposes specified in Section 10-604, such a
municipality may levy and collect a special tax annually of not more
than .25 per cent of the value, as equalized or assessed by the
Department of Revenue, of taxable property situated in
the municipality. This tax shall be in addition to all other taxes that
the municipality may be authorized by law to levy and shall be in
addition to the amount authorized to be levied for general purposes as
provided in Section 8-3-1 of the Illinois Municipal Code, as now or
hereafter amended. However, this tax shall not be levied in the
municipality until the question of levying the tax has been submitted,
in accordance with the general election laws of this State, to the
electors of the municipality at an election and has been approved by a majority
of the electors
voting thereon. The corporate authorities of the municipality may initiate
the submission of such proposition to referendum by ordinance.
The proposition shall be in substantially the following form:
Shall (insert the name of municipality)be empowered to levy and collect a specialtax annually of .... per cent on each YESdollar of the valuation of the taxableproperty for the purpose of acquiring, constructing, maintaining or operatingbridges or approaches and transportation NOand other terminal facilities, as providedin Section 10-605 of the Illinois Highway Code?
If a majority of the electors of the municipality voting thereon vote
for the levy and collection of the tax provided for in this Section, the
municipality has the power to levy and collect the tax.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(605 ILCS 5/10-606) (from Ch. 121, par. 10-606)
Sec. 10-606.
Any municipality specified in Section 10-604 may issue bonds
for the purposes specified in Section 10-604. The amount of these bonds,
including the existing indebtedness of the municipality, shall not exceed,
in the aggregate, 5% of the value of the taxable property therein. This
value shall be ascertained by the last assessment for State and county
taxes previous to the issue of these bonds. The bonds authorized by this
section to be issued shall not be subject to the limit of indebtedness
provided for in Division 5 of Article 8 of the Illinois Municipal Code, as
heretofore or hereafter amended.
(Source: Laws 1961, p. 1415.)
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(605 ILCS 5/Art. 10 Div. 7 heading) DIVISION 7.
MUNICIPAL TOLL BRIDGES--ADDITIONAL AUTHORIZATION TO ACQUIRE,
CONSTRUCT, MAINTAIN, ETC.
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(605 ILCS 5/10-701) (from Ch. 121, par. 10-701)
Sec. 10-701.
In this Division of this Article, unless the context otherwise
requires:
(1) "Bridge" means any bridge over or across a river, including any
bridges on the approaches thereto to eliminate intersection at grade with
any street, tunnel, public road, thoroughfare, highway, railroad or street
railroad, where the complete project is located entirely within the State;
(2) "Net Revenue" means the gross revenue of a bridge less the
reasonable cost of operating, maintaining, and repairing the bridge;
(3) "United States" means the United States of America and any agent or
agency thereof;
(4) "Holder" means the holder or holders of any of the bonds issued
under this Division of this Article.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-702) (from Ch. 121, par. 10-702)
Sec. 10-702. Every municipality has the power:
(1) To acquire, by purchase or otherwise, construct, | ||
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(2) To acquire, purchase, hold, use, lease, mortgage, | ||
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(3) To fix, alter, charge, collect, segregate, and | ||
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(4) To borrow money, make and issue bonds payable | ||
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(5) To make contracts of every kind and nature and to | ||
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(6) To accept grants from the United States and to | ||
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(7) To enter upon any lands, areas, and premises for | ||
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(7.5) To enter into intergovernmental agreements with | ||
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(8) To do all things necessary to carry out the | ||
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(Source: P.A. 97-252, eff. 8-4-11.)
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(605 ILCS 5/10-703) (from Ch. 121, par. 10-703)
Sec. 10-703.
Without limiting any other powers granted in this Division of
this Article, each municipality has the power to provide for the payment of
the cost of acquiring or constructing any bridge or for the payment of any
portion of the cost by one or more issues of revenue bonds of the
municipality, payable solely from the net revenue of the bridge so acquired
or constructed. These bonds shall be authorized by ordinance of the
corporate authorities of the municipality and shall be in substantially the
form set forth in the ordinance. The bonds may be serial or term;
redeemable, with or without premium, or non-redeemable; shall bear interest
at a rate not exceeding the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable at such
times as may be
provided; shall mature at such times not exceeding the life of the bridge,
for the acquisition or construction of which they are issued, as estimated
by the corporate authorities, but in no event exceeding 40 years; and shall
be issued in such amounts and at such place as shall be prescribed in the
ordinance authorizing their issuance.
The bonds shall be signed by such officers as the corporate authorities
shall determine, and coupon bonds shall have attached thereto interest
coupons bearing the facsimile signatures of such officers as the corporate
authorities shall determine; all as shall be prescribed in the ordinance
authorizing the bonds. The bonds may be issued and delivered,
notwithstanding the fact that an officer signing the bonds, or whose
facsimile signature appears upon any of the coupons has ceased to hold his
office at the time that the bonds are actually delivered.
The bonds of the municipality may be sold in such manner, at such times,
and at such prices as the corporate authorities may determine, but no sale
shall be made at a price which would make the interest cost to maturity on
the money received therefor computed with relation to the absolute maturity
of the bonds in accordance with standard tables of bond values, exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. The principal of and interest upon
the bonds shall be payable
solely from the net revenue derived from the operation of the bridge
acquired or constructed with proceeds of the sale of the bonds. No bond
issued pursuant to this Division of this Article shall constitute an
indebtedness of a municipality within the meaning of any constitutional,
statutory, or charter limitation. It shall be plainly stated on the face of
each bond in substance that the bond has been issued under the provisions
of this Division of this Article and that the taxing power and general
credit of the municipality issuing the bond are not pledged to the payment
of the bond, or interest thereon, and that the bond and the interest
thereon are payable solely from the net revenue of the bridge to acquire or
construct which the bond is issued.
The cost of the bridge or improvement thereto shall include interest
during construction, and for not exceeding 12 months thereafter, and also
all engineering, legal, architectural, traffic surveying, and other
expenses incident to the construction and the acquisition of the necessary
property, and incident to the financing thereof, including the cost of
acquiring existing franchises, rights, plans, and works of and relating to
the bridge. If the proceeds of the bonds issued shall exceed the cost as
finally determined, the excess shall be applied to the payment, purchase,
or redemption of the bonds. Bonds and interest coupons issued under this
Division of this Article shall possess all the qualities of negotiable
instruments.
No ordinance pursuant to this section shall become effective until after
the plans and specifications relating to the project have been submitted to
and approved by the Department.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/10-704) (from Ch. 121, par. 10-704)
Sec. 10-704.
An ordinance authorizing bonds under this Division of this
Article may contain provisions, which shall be part of the contract with
the holders of the bonds, as to (1) the dates, maturities, denominations,
rate of interest, places, and medium of payment of the bonds and other
details in connection with the bonds or their issuance, (2) the rates of
tolls and other charges to be charged by the municipality for transit over
or use of the bridge, and their segregation and application, (3) the
registration of the bonds as to principal only or as to both principal and
interest, and the interchangeability and exchangeability of the bonds, (4)
the redemption of the bonds, and the price at which they are redeemable,
(5) the setting aside of reserves or sinking funds and the regulation and
disposition thereof, (6) limitations upon the issuance of additional bonds
payable from the revenue of the bridge or upon the rights of the holders of
these additional bonds, and (7) other agreements with the holders of the
bonds or covenants or restrictions necessary or desirable to safeguard the
interests of these holders.
After the passage of an ordinance providing for the issuance of revenue
bonds under this Division of this Article, the ordinance shall be published
in the same manner and form as is required for other ordinances of the
municipality. The ordinance shall become effective 10 days after
publication, or, if approval of the plans and specifications by the
Department is subsequent thereto, upon the date of such approval.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-705) (from Ch. 121, par. 10-705)
Sec. 10-705.
The municipality shall fix rates of toll to be charged for
transit over and use of such a bridge. These rates shall be so fixed,
charged, and adjusted as to provide revenue at all times sufficient, (1) to
pay the reasonable cost of maintaining (including insurance), operating,
and repairing the bridge; (2) to provide a sinking fund and reserves
sufficient to pay the principal of and interest on the bonds, including
refunding bonds, if any, out of the revenue from the bridge, as the bonds
mature and fall due; (3) to pay the redemption or repurchase price of all
bonds redeemed or repurchased before maturity as provided in this Division
of this Article; (4) to fulfill the terms and provisions of any agreement
with holders of the bonds; and (5) to provide, in addition to the toll
purposes specified in clauses (1) to (4), both inclusive, of this sentence,
a sinking fund of accumulated tolls and revenue in such amount (determined
by a registered professional engineer and approved by the Secretary of
Transportation) that the annual interest therefrom will provide adequate
income to pay the reasonable cost and extraordinary expenses of maintaining
(including insurance), operating, improving and repairing the bridge when
and as long as the municipality operates the bridge as a free bridge. The
rates provided for by clause (5) of the preceding sentence may be charged
for a period not to exceed 18 months after sufficient funds to pay all
bonds, including interest thereon, have been accumulated in the sinking
fund provided for by clause (2).
An accurate record of the cost of each bridge, the expenditures for
maintaining, operating, and repairing the bridge, and of the daily tolls
collected, shall be kept and shall be available for the information of all
persons interested. The municipality shall classify in a reasonable way all
traffic over the bridge, and the tolls shall be fixed and adjusted by it as
to be uniform in their application to all traffic falling within any such
reasonable class.
The municipality shall operate the bridge as a toll bridge until all
bonds payable out of the revenue thereof are paid in full, and thereafter
shall operate the bridge as a free bridge.
(Source: P.A. 77-173.)
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(605 ILCS 5/10-706) (from Ch. 121, par. 10-706)
Sec. 10-706.
Any municipality may by ordinance authorize the issue of
refunding revenue bonds, payable solely from the revenues of a bridge to
refund the principal or accrued interest, or both, of its outstanding
revenue bonds issued hereunder, prior to their maturity, and the principal
and accrued interest of its matured outstanding revenue bonds issued under
the provisions of this Division of this Article, and which by their terms
are payable solely from the net revenues of the bridge. The refunding
revenue bonds may be made registerable as to principal and bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable at such time
or at such place as
may be provided for in the ordinance authorizing the issue thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/10-707) (from Ch. 121, par. 10-707)
Sec. 10-707.
The ordinance authorizing such refunding revenue bonds shall
prescribe all the details thereof and the bonds shall be in such form and
denomination payable at such places, bear such date and be executed by such
officials as may be provided in the bond ordinance. The ordinance also
shall determine the life of the bridge. The refunding revenue bonds shall
mature within the life of the bridge as so determined and shall mature, in
any event, within not to exceed 40 years from their date, and may be made
callable on any interest payment date at a price of par and accrued
interest, after notice shall be given by publication or otherwise at any
time or times and in the manner as may be prescribed for in the bond
ordinance.
The ordinance may contain such covenants and restrictions upon the
issuance of additional refunding revenue bonds, or revenue bonds for the
improvement and extension of such bridge as may be deemed necessary or
advisable for the assurance of the payment of the refunding revenue bonds
thereby authorized; such bonds shall be payable from the net revenues of
the bridge and such bonds shall not, in any event, constitute an
indebtedness of the municipality within the meaning of any constitutional
or statutory limitation, and it shall be plainly stated on the face of each
bond that it does not constitute an indebtedness of the municipality within
any constitutional or statutory provision or limitation.
The validity of any refunding revenue bonds shall remain unimpaired,
although one or more of the officials executing the same shall cease to be
such officer or officers before delivery thereof, and such bonds shall have
all the qualities of negotiable instruments under the Law Merchant and the
Negotiable Instrument Law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-708) (from Ch. 121, par. 10-708)
Sec. 10-708.
After the ordinance providing for the issuance of
refunding revenue bonds has been passed, it shall be published in the
same manner and form as is required for other ordinances of the
municipality. The ordinance shall become effective 30 days after publication,
which publication shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question of the adoption
of the ordinance be submitted to the electors of the municipality; (2) the
time in which the petition must be filed; and (3) the date of the prospective
referendum, unless within such period a petition is filed with the
municipal clerk, signed by electors of the district numbering 10% or more
of the number of registered voters in the district, asking that the
question of issuing such bonds be submitted to the electors of the
municipality. The municipal clerk shall provide a petition form to any
individual requesting one. Upon the filing of such petition the municipal
clerk shall certify the proposition to the proper election officials, who
shall submit at an election such proposition in the manner provided by the
general election law. Such referendum shall be held and notice given in
accordance with the general election law. If a majority of the electors
voting upon the proposition voted in favor of the issuance of the bonds,
the ordinance shall be in effect; but if a majority of the votes cast are
against the issuance of the bonds, the ordinance shall not go into effect.
(Source: P.A. 87-767.)
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(605 ILCS 5/10-709) (from Ch. 121, par. 10-709)
Sec. 10-709.
Such refunding revenue bonds may be exchanged on a basis of
par for the securities to be refunded, or such bonds may be sold at not
less than their par value and accrued interest and the proceeds received
shall be used to pay the bonds which are to be refunded thereby.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-710) (from Ch. 121, par. 10-710)
Sec. 10-710.
The corporate authorities of any such municipality are
authorized to take any action that may be necessary to inform owners of
outstanding bonds regarding the financial condition of the fund out of
which the bonds are payable and the necessity of refunding the same and
readjusting the maturities thereof and the corporate authorities may enter
into any agreements required to prepare and carry out any refunding plan,
and without previous appropriation therefor under any law may incur and pay
expenditures that may be necessary in order to accomplish the refunding of such bonds.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-711) (from Ch. 121, par. 10-711)
Sec. 10-711.
The holder of any bond or refunding bond or interest coupon by
a civil action, may enforce and compel performance of all duties of the
issuing municipality as required by this Division of this Article and the
ordinance authorizing the issuance of the bonds, including the duties of
fixing sufficient tolls and charges and the collection, segregation, and
application of the revenue derived from the operation of the bridge. In
case of default, a receiver may be appointed by a judge of the circuit court
to take possession of, operate, and maintain the bridge,
charge and collect tolls, and segregate and apply the money received in
accordance with the ordinance relating thereto.
(Source: P.A. 79-1366.)
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(605 ILCS 5/10-712) (from Ch. 121, par. 10-712)
Sec. 10-712.
Revenue bonds, including refunding bonds, may be issued under
this Division of this Article without submitting the proposition of the
approval of the ordinance or the question of the issuance of the bonds to
the electors of the municipality, except as otherwise provided in Section
10-708.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-713) (from Ch. 121, par. 10-713)
Sec. 10-713.
Any municipality may by ordinance provide for the
establishment of a Bridge Commission, to consist of 3 persons resident
therein to be appointed by the Mayor, for terms of 4 years and until their
successors are appointed; provided that of the Commissioners first
appointed, one shall be appointed for a term of 2 years, one for 3 years
and one for 4 years, as designated by the Mayor. The Commissioners shall
receive no compensation for their services but shall be reimbursed for
actual expenses incurred in the discharge of their duties. Vacancies in the
office of any Commissioner shall be filled by the Mayor by appointment for
the unexpired term.
The ordinance may vest in the Bridge Commission the duties and
responsibilities incident to the acquisition or construction of the bridge
project, the operation and maintenance of the bridge project, the execution
of contracts for the acquisition, construction and maintenance thereof, the
collection of the tolls and other charges of the municipality for transit
over or use of the bridge, and such other powers as the corporate
authorities may deem necessary or desirable. Nothing in this section shall
be construed to authorize a delegation of power to the Bridge Commission to
adopt any ordinance pertaining to the issuance of revenue bonds or
refunding revenue bonds or the fixing of rates of toll.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-714) (from Ch. 121, par. 10-714)
Sec. 10-714.
Where a municipality desires to undertake a bridge project
under this Division of this Article which involves property within the
corporate limits of another municipality or municipalities, the powers
designated in this Division of this Article shall not be exercised in
respect to such property except with the consent of the corporate
authorities of such other municipality or municipalities as evidenced by an
ordinance or ordinances thereof. The municipalities involved may by
agreement determine their respective rights, duties and obligations
thereunder.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-715) (from Ch. 121, par. 10-715)
Sec. 10-715.
The State and all counties, municipalities and other municipal
corporations, political subdivisions and public bodies, and public officers
of any thereof, all banks, bankers, trust companies, saving banks and
institutions, building and loan associations, savings and loan
associations, investment companies and other persons carrying on a banking
business, all insurance companies, insurance associations and other persons
carrying on an insurance business, and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest any sinking
funds, moneys or other funds belonging to them or within their control in
any bonds, including refunding bonds, issued pursuant to this Division of
this Article, it being the purpose of this Section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers. However, nothing contained in this
Section may be construed as relieving any person, firm, or corporation from
any duty of exercising reasonable care in selecting securities for purchase
or investment.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/Art. 10 Div. 8 heading) DIVISION 8.
MUNICIPAL BRIDGES OVER RIVER FORMING STATE BOUNDARY
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(605 ILCS 5/10-801) (from Ch. 121, par. 10-801)
Sec. 10-801.
In this Division of this Article, unless the context otherwise
requires:
(1) "Bridge" means any bridge over any river forming a boundary of this
State carrying highway, rail or other traffic, or any deck, level or part
of such bridge whether or not the entire bridge is owned or to be owned by
the municipality, and all property, rights-of-way, easements, approaches,
and franchises in connection therewith, and may mean two or more of such
bridges, decks, levels or parts thereof;
(2) "Net revenue means the gross revenue of a bridge less the reasonable
cost of operating, maintaining, and repairing the bridge;
(3) "United States" means the United States of America and any agent,
agency, department, bureau, commission or authority thereof of whatsoever
kind;
(4) "Holder" means the holder or holders of any of the bonds issued
under the authority of this Division of this Article.
(Source: Laws 1961, p. 2575.)
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(605 ILCS 5/10-802) (from Ch. 121, par. 10-802)
Sec. 10-802. Each municipality has the power:
(1) To acquire, by purchase or otherwise, construct, | ||
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(2) To acquire, purchase, hold, use, lease, mortgage, | ||
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(3) To fix, alter, charge, collect, segregate, and | ||
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(4) To borrow money, make and issue bonds payable | ||
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(5) To cooperate with any adjoining state, or any | ||
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(6) To make contracts of every kind and nature and to | ||
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(7) Without limitation of the foregoing, to borrow | ||
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(7.5) To enter into intergovernmental agreements with | ||
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(8) To alter, widen, lay out, open or construct any | ||
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(Source: P.A. 97-252, eff. 8-4-11.)
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(605 ILCS 5/10-803) (from Ch. 121, par. 10-803)
Sec. 10-803.
Without limiting any other powers granted in this Division of
this Article, each municipality has the power to provide for the payment of
the cost of acquiring, constructing, reconstructing, improving, enlarging,
bettering or repairing any bridge or for the payment of any portion of such
cost by one or more issues of revenue bonds of the municipality, payable
solely from the net revenue of such bridge. These bonds shall be authorized
by ordinance of the corporate authorities of the municipality and shall be
in substantially the form set forth in the ordinance. The bonds may be
serial or term; redeemable, with or without premium, or non-redeemable;
shall bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
payable at such times as may be provided; shall mature at such times not
exceeding the life of the bridge, for the acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair of which
they are issued, as estimated by the corporate authorities, but in no event
exceeding 40 years; and shall be issued in such amounts and payable at such
place or places, within or without the State, as shall be prescribed in the
ordinance authorizing their issuance. The bonds of any issue may be
delivered in such installments from time to time, and at such place or
places, within or without the State, as the corporate authorities may, by
resolution, determine.
The bonds shall be signed by such officer or officers as the corporate
authorities shall determine, and coupon bonds shall have attached thereto
interest coupons bearing the facsimile signatures of such officer or
officers as the corporate authorities shall determine, in the ordinance
authorizing the bonds. The signature of only one of the officers signing
the bonds need be a manual signature, and the signature of any other
officers signing the bonds may be facsimile signatures. A facsimile of the
seal of the municipality may be imprinted on the bonds. The bonds may be
issued and delivered notwithstanding the fact that an officer signing the
bonds or whose facsimile signature appears upon any of the bonds or coupons
has ceased to hold his office at the time that the bonds are actually
delivered, and notwithstanding the fact that an officer whose facsimile
signature appears upon the bonds or coupons has ceased to hold his office
at the time that the bonds are manually signed by the officer or officers
required to sign the bonds manually.
The bonds of the municipality may be sold in such manner, at such times,
and at such prices as the corporate authorities may determine, but no sale
shall be made at a price which would make the interest cost to maturity on
the money received therefor computed with relation to the absolute maturity
of the bonds in accordance with standard tables of bond values, exceed 6%
annually. The principal of and interest upon the bonds shall be payable
solely from the net revenue derived from the operation of the bridge
acquired, constructed, reconstructed, improved, enlarged, bettered or
repaired with the proceeds of the sale of the bonds. No bond issued
pursuant to this Division of this Article shall constitute an indebtedness
of a municipality within the meaning of any constitutional, statutory or
charter limitation. It shall be plainly stated on the face of each bond in
substance that the bond has been issued under the provisions of this
Division of this Article and that the taxing power and general credit of
the municipality issuing the bond are not pledged to the payment of the
bond, or interest thereon, and that the bond and the interest thereon are
payable solely from the net revenue of the bridge to acquire, construct,
reconstruct, improve, enlarge, better or repair which the bond is issued.
The cost of the acquisition, construction, reconstruction, improvement,
enlargement, betterment or repair of any bridge shall include debt service
reserves to secure the payment of bonds issued therefor under this Division
of this Article, interest during the period, as estimated by the corporate
authorities, of such construction, reconstruction, improvement,
enlargement, betterment or repair and for not exceeding 12 months
thereafter, and also all engineering, legal, architectural, traffic
surveying and other expenses incident to such acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair and incident
to the acquisition of any and all necessary property in connection
therewith and also incident to the financing thereof, including the cost of
acquiring existing franchises, easements, rights, plans, and works of and
relating to the bridge. If the proceeds of the bonds issued shall exceed
the cost as finally determined, the excess shall be applied to the payment,
purchase or redemption of the bonds. Bonds and interest coupons issued
under this Division of this Article shall possess all the qualities of
negotiable instruments. Such bonds shall be legal investments for trustees
and other fiduciaries, and for savings banks, trust companies, and
insurance companies organized under the laws of the State of Illinois.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/10-804) (from Ch. 121, par. 10-804)
Sec. 10-804.
An ordinance authorizing bonds under this Division of this
Article may contain provisions, which shall be part of the contract with
the holders of the bonds, as to (1) the dates, maturities, denominations,
rate of interest, places and medium of payment of the bonds and other
details in connection with the bonds or their issuance, (2) the rates of
tolls and other charges to be charged by the municipality for transit over
or use of the bridge, and their segregation and application, (3) the
registration of the bonds as to principal only or as to both principal and
interest, and the interchangeability and exchangeability of the bonds, (4)
the redemption of the bonds, and the price at which they are redeemable,
(5) the setting aside of reserves or sinking funds and the regulation and
disposition thereof, (6) limitations upon the issuance of additional bonds
payable from the revenue of the bridge or upon the rights of the holders of
these additional bonds, and (7) other agreements with the holders of the
bonds or covenants or restrictions necessary or desirable to safeguard the
interests of these holders.
After the passage of an ordinance providing for the issuance of the
revenue bonds under this Division of this Article, the ordinance shall be
published in the same manner and form as is required for other ordinances
of the municipality. The ordinance shall become effective 10 days after
publication.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-805) (from Ch. 121, par. 10-805)
Sec. 10-805.
The municipality shall fix rates of toll to be charged for
transit over and use of such a bridge. These rates shall be so fixed,
charged, and adjusted as to provide revenue at all times sufficient (1) to
pay the reasonable cost of maintaining (including insurance), operating and
repairing the bridge; (2) to provide a sinking fund and reserves sufficient
to pay the principal of and interest on the bonds out of the revenue from
the bridge, as the bonds mature and fall due; (3) to pay the redemption or
repurchase price of all bonds redeemed or repurchased before maturity as
provided in this Division of this Article; and (4) to fulfill the terms and
provisions of any agreement with holders of the bonds.
An accurate record of the cost of each bridge, the expenditures for
maintaining, operating, and repairing the bridge, and of the daily tolls
collected, shall be kept and shall be available for the information of all
persons interested. The municipality shall classify in a reasonable way all
traffic over the bridge, and the tolls shall be fixed and adjusted by it as
to be uniform in their application to all traffic falling within any such
reasonable class.
The municipality shall operate the bridge as a toll bridge and after all
the covenants contained in the ordinance authorizing the issuance of any
revenue bonds have been complied with annually and there be any surplus
revenues remaining such surplus may be appropriated by such municipality
for any proper corporate purpose, or pledged for the payment of any revenue
bonds issued under this Division of this Article by the municipality for
the construction or acquisition of any other bridge or bridges. After all
bonds payable out of the revenues thereof have been paid in full, the
municipality may continue to operate such bridge as a toll bridge and rates
shall be fixed, charged and adjusted so as to produce revenue annually in
an amount not to exceed 5% of the cost of the bridge as shown by the
records of the municipality required to be kept as in this Division of this
Article provided. The revenues thus produced shall be used to maintain,
operate and repair such bridge, provided any surplus remaining after
properly setting aside sums for maintenance, operation and repair of the
bridge may be appropriated for any corporate purpose or pledged for the
payment of any revenue bonds issued under this Division of this Article by
the municipality for the construction or acquisition of any other bridge or
bridges.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-806) (from Ch. 121, par. 10-806)
Sec. 10-806.
Any municipality may by ordinance authorize the issue of
refunding revenue bonds under this Division of this Article payable solely
from the net revenue of one or more bridges to refund the principal,
premium, if any, and accrued interest of any one or more issues of its
outstanding revenue bonds issued under the provisions of this Division of
this Article and which by their terms are payable solely from the revenue
of any bridge or bridges, such refunding to be made at or after maturity or
prior to maturity with the consent of the holders thereof, provided that
such consent shall not be required if such bonds are subject to redemption
prior to maturity, and any such refunding revenue bonds may bear interest
at a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable at such
times as may be
provided by the ordinance authorizing the issue thereof. All of the
provisions of this Division of this Article with respect to the form,
maturities and other details of bonds and the security therefor and
covenants with respect thereto shall be applicable to such refunding bonds,
and such refunding bonds may be consolidated with and be a part of an issue
of revenue bonds issued pursuant to the provisions of this Division of this
Article for the payment of the cost of acquiring, constructing,
reconstructing, improving, enlarging, bettering or repairing any bridge or
for the payment of any portion of such cost. Any ordinance authorizing such
refunding revenue bonds may contain such covenants and restrictions upon
the issuance of additional revenue bonds as may be deemed necessary or
advisable for the assurance of the payment of the revenue bonds thereby
authorized.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(605 ILCS 5/10-807) (from Ch. 121, par. 10-807)
Sec. 10-807.
The holder of any bond or interest coupon may, by mandamus,
injunction, civil action or proceeding, enforce and compel performance of
all duties of the issuing municipality as required by this Division of this
Article and the ordinance authorizing the issuance of the bonds, including
the duties of fixing sufficient tolls and charges and the collection,
segregation, and application of the revenue derived from the operation of
the bridge. In case of default, a receiver may be appointed by a judge of
the circuit court to take possession of, operate, and maintain the
bridge, charge and collect tolls, and segregate and apply the money
received in accordance with the ordinance relating thereto.
(Source: P.A. 84-1308.)
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(605 ILCS 5/10-808) (from Ch. 121, par. 10-808)
Sec. 10-808.
Revenue bonds may be issued under this Division of this
Article without submitting the proposition of the approval of the ordinance
or the question of the issuance of the bonds to the electors of the
municipality.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/10-809) (from Ch. 121, par. 10-809)
Sec. 10-809.
All proceedings heretofore taken by any municipality under
this or any prior Act for the acquisition, construction, reconstruction,
improvement, enlargement, betterment or repair of any bridge over any river
forming a boundary of this State, and all revenue bonds issued by any
municipality for the financing of the acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair thereof are
hereby ratified, validated and confirmed.
(Source: Laws 1961, p. 2575.)
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(605 ILCS 5/Art. 10 Div. 9 heading) DIVISION 9.
DEPARTMENT
ACQUISITION OF CERTAIN FERRIES
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(605 ILCS 5/10-901) (from Ch. 121, par. 10-901)
Sec. 10-901.
The Department may acquire, by purchase or by condemnation,
the franchise and all equipment, boats, landing facilities, and other
appurtenances of any ferry in existence on March 15, 1959, operating on the
Illinois River and connecting any road a part of the county highway system
in any county having not more than 7,000 inhabitants, as determined by the
1950 Federal census, with any State highway in any county having not more
than 16,000 inhabitants, as determined by the same census.
(Source: Laws 1959, p. 1190.)
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(605 ILCS 5/10-902) (from Ch. 121, par. 10-902)
Sec. 10-902.
The Department may maintain and operate any ferry acquired
under Section 10-901 of this Code as a free ferry service for the
conveyance of persons, motor vehicles and other property across the
Illinois River so long as such operation is justified by the amount of
traffic using such ferry. The location of ferry landings and the route of
any ferry acquired and operated under the authority of these sections shall
be such as the Department determines will be most convenient to the
majority of the users of such service considering economy of operation of
such service. If deemed desirable and feasible by the Department the
operation of such service may be relocated by the Department and new
approaches and facilities constructed to serve the relocated site of
operation.
(Source: Laws 1959, p. 1190.)
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(605 ILCS 5/10-903) (from Ch. 121, par. 10-903)
Sec. 10-903.
The Department may use funds regularly appropriated to it for
the construction and maintenance of highways for the purposes set forth in
Section 10-901 and 10-902 of this Code.
(Source: Laws 1959, p. 1190.)
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(605 ILCS 5/Art. 10 Div. 10 heading) DIVISION 10.
DEPARTMENT
MAINTENANCE AND CONTROL
OF COVERED BRIDGES
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(605 ILCS 5/10-1001) (from Ch. 121, par. 10-1001)
Sec. 10-1001.
The Department shall repair, maintain, operate, control and
preserve every covered bridge (and the abutments and approaches thereof) in
this State, meaning every structure which spans a watercourse, chasm,
ravine, road or railroad in or forming a boundary line of this State and
affording passage from one bank or side thereof to the other, and which is
enclosed in such manner as to prevent a clear, unimpeded view of the
interior thereof from the top or longitudinal sides thereof.
(Source: Laws 1963, p. 3473.)
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(605 ILCS 5/Art. 11 heading) ARTICLE 11.
EFFECT OF CODE, REPEAL AND OTHER PROVISIONS
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(605 ILCS 5/11-101) (from Ch. 121, par. 11-101)
Sec. 11-101.
Article and Division headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any article or Division hereof.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/11-102) (from Ch. 121, par. 11-102)
Sec. 11-102.
Where, in this Code, reference is made to a Section, Division
or Article by its number and no Act is specified, the reference is to the
correspondingly numbered Section, Division or Article of this Code. Where
reference is made to "this Article" or "this Division" or "this Section"
and no Act is specified, the reference is to the Article, Division or
Section of this Code in which the reference appears. If any Section,
Division or Article of this Code is hereafter amended, the reference shall
thereafter be treated and considered as a reference to the Section,
Division or Article as so amended.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/11-103) (from Ch. 121, par. 11-103)
Sec. 11-103.
The invalidity of any provision of this Code shall not affect
the validity of the remainder of this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/11-104) (from Ch. 121, par. 11-104)
Sec. 11-104.
The repeal of a statute or part thereof by this Code shall not
affect any action pending or rights existing at the time this Code takes
effect; neither shall this Code impair the validity of any proceedings
taken or tax levied or extended under such prior statute or impair the
validity of any bonds or other indebtedness outstanding at the time this
Code takes effect.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Code,
such reference shall be held to refer to the Act or Section thereof so
continued in this Code.
When a road district comprises a single township under the provisions of
this Code, the term "road district" shall be construed as being synonymous
with the term "township" as used in any law repealed by this Code.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/11-105) (from Ch. 121, par. 11-105)
Sec. 11-105.
Any bond or other evidence of indebtedness issued under the
provisions of any Act repealed by this Code which is outstanding and unpaid
on the effective date of this Code shall be amortized and retired by
taxation or revenue in the manner provided by the Act under which such
indebtedness was incurred, notwithstanding the repeal of such Act.
However, the provisions of this Section shall not be construed to
prevent the refunding of any such indebtedness under the provisions of this
Code or as may be otherwise provided by law.
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/11-106) (from Ch. 121, par. 11-106)
Sec. 11-106.
The provisions of this Code shall be cumulative in effect and
if any provision is inconsistent with another provision of this Code or
with any other Act not expressly repealed by Section 11-107 it shall be
considered as an alternative or additional power and not as a limitation
upon any other power granted to or possessed by the several highway
authorities.
(Source: Laws 1959, p. 196.)
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