State of Illinois
92nd General Assembly
Legislation

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92_HB0900

 
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 1        AN ACT in relation to highways.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Highway  Code  is  amended  by
 5    changing Section 6-508 as follows:

 6        (605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
 7        Sec.  6-508.   (a)  For  the  purpose  of constructing or
 8    repairing bridges, culverts,  drainage  structures  or  grade
 9    separations,  including  approaches  thereto,  at  the  joint
10    expense  of  a  county  and a road district and obtaining aid
11    from the county as provided in Section 5-501  of  this  Code,
12    there  may  be included in the annual tax levies provided for
13    in Section 6-501 of this Code a tax of not to exceed  .05% of
14    the value of all the taxable property in the  road  district,
15    as  equalized or assessed by the Department of Revenue, which
16    tax shall be in addition to and  may  be  in  excess  of  the
17    maximum levy and may be extended at a rate in addition to and
18    in  excess of the tax rate for road purposes authorized under
19    Section 6-501 of this Code.
20        Such tax, when collected, shall constitute and be held by
21    the treasurer of the  district  as  a  separate  fund  to  be
22    expended for the construction or repair of bridges, culverts,
23    drainage   structures   or   grade   separations,   including
24    approaches  thereto,  at  the joint expense of the county and
25    the road district.  The highway commissioner shall separately
26    specify in the certificate  required  by  Section  6-501  the
27    amount  necessary to be raised by taxation for the purpose of
28    constructing  or  repairing   bridges,   culverts,   drainage
29    structures   or   grade   separations,  including  approaches
30    thereto, at the joint expense of  the  county  and  the  road
31    district.   Upon  the  approval  by  the  county board of the
 
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 1    amount so certified as provided  in  Section  6-501  of  this
 2    Code,  the  county  clerk  shall  extend the same against the
 3    taxable property of the road district,  provided  the  amount
 4    thus  approved  shall  not be extended at a rate in excess of
 5    .05% of value, as equalized or assessed by the Department  of
 6    Revenue.
 7        When  any  improvement  project  for  which  a tax may be
 8    levied under this Section has been  ordered  as  provided  in
 9    Section  5-501  and the estimated cost of such project to the
10    road district is  in  excess  of  the  amount  that  will  be
11    realized  from the annual tax levy authorized by this Section
12    when extended and  collected,  then  the  road  district  may
13    accumulate  the proceeds of such tax for such number of years
14    as may be necessary to acquire the funds necessary to pay the
15    district's share of the cost of such project.  In counties in
16    which a property tax extension limitation  is  imposed  under
17    the  Property Tax Extension Limitation Law and the imposition
18    of the property tax  extension  limitation  prevents  a  road
19    district from levying taxes for road purposes at the required
20    rate,  a  road district may retain its eligibility if, at the
21    time the property tax extension limitation was  imposed,  the
22    road  district was levying at the required rate and continues
23    to levy the maximum allowable amount after the imposition  of
24    the  property  tax  extension  limitation.  It shall not be a
25    valid objection to any subsequent tax levy  made  under  this
26    Section  that  there  remains unexpended money arising from a
27    preceding levy of a prior year because  of  the  accumulation
28    provided for in this Section.
29        The  rate  limitation  imposed  by  this  Section  may be
30    increased for a 10 year period to up to 0.25% of the value of
31    all the taxable property in the road district,  as  equalized
32    or  assessed  by the Department of Revenue if the proposition
33    for the increased tax rate is submitted under Sections  6-504
34    and  6-505 and receives a majority of all ballots cast on the
 
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 1    proposition at the election held under Section 6-505.
 2        (b)  All surplus funds remaining  in  the  hands  of  the
 3    treasurer  of  the  road district after the completion of any
 4    construction or  repairing  of  bridges,  culverts,  drainage
 5    structures   or   grade   separations,  including  approaches
 6    thereto, under this Section, shall  be  turned  over  at  the
 7    request of the highway commissioner, with the written consent
 8    of the county superintendent, to the regular road fund of the
 9    road district.  Upon such request, no further levy under this
10    Section  is  to  be  extended  by the county clerk unless the
11    proposition authorizing such further levy is submitted  under
12    Sections  6-504  and  6-505  and  receives  a majority of all
13    ballots cast on the proposition at the  election  held  under
14    Section 6-505.
15        (c)  The  moneys  from  this  tax  may  also  be used for
16    construction and maintenance of bridges, culverts  and  other
17    drainage   facilities,   or   grade   separations,  including
18    approaches thereto, on, under, or over  the  district  roads,
19    without   joint  county  funds  being  involved  and  without
20    limitation as to size of project, but only if adequate  funds
21    are  available  for  all projects for which the road district
22    has petitioned the county for  joint  participation.  If  the
23    project  size  is over $5,000, the road district commissioner
24    shall also obtain the permission of the county engineer.
25    (Source: P.A. 90-110, eff. 7-14-97.)

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