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92_SB0470 LRB9207974ACmg 1 AN ACT in relation to roads. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Township Code is amended by changing 5 Section 85-30 as follows: 6 (60 ILCS 1/85-30) 7 Sec. 85-30. Purchases; bids; roads. Any purchase by a 8 township having fewer than 10,000 inhabitants and located in 9 a county with a population under 3,000,000 for services, 10 materials, equipment, or supplies in excess of $5,000 (other 11 than professional services) and any purchase by a township in 12 a county with a population of 3,000,000 or more, or by a 13 township having 10,000 or more inhabitants and located in a 14 county with a population of less than 3,000,000, for 15 services, materials, equipment, or supplies in excess of 16 $10,000 (other than professional services) shall be 17 contracted for in one of the following ways: 18 (1) By a contract let to the lowest responsible 19 bidder after advertising for bids at least once (i) in a 20 newspaper published within the township, or (ii) if no 21 newspaper is published within the township, then in one 22 published within the county, or (iii) if no newspaper is 23 published within the county, then in a newspaper having 24 general circulation within the township. 25 (2) By a contract let without advertising for bids 26 in the case of an emergency if authorized by the township 27 board. 28 This Section does not apply to contracts by a township 29 with the federal government. 30 (Source: P.A. 86-769; 86-1368; 88-62.) -2- LRB9207974ACmg 1 Section 10. The Illinois Highway Code is amended by 2 changing Sections 6-201.7, 6-205, 6-407, and 6-408 as 3 follows: 4 (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7) 5 Sec. 6-201.7. Construct, maintain and repair and be 6 responsible for the construction, maintenance and repair of 7 roads within the district, let contracts, employ labor and 8 purchase material and machinery therefor, subject to the 9 limitations provided in this Code. No contract shall be let 10 for the construction or repair of any road or part thereof in 11 excess of the amount of $5,000, nor shall any material, 12 machinery or other appliances to be used in road construction 13 or maintenance of roads in excess of thatsuchamount be 14 purchased, nor shall several contracts each for an amount of 15 $5,000 or less be let for the construction or repair of any 16 road or part thereof when such construction or repair is in 17 reality part of one project costing more than $5,000, nor 18 shall any material, machinery or other appliance to be used 19 therein be purchased under several contracts each for an 20 amount of $5,000 or less, if such purchases are essentially 21 one transaction amounting to more than $5,000, without the 22 written approval of the county superintendent of highways in 23 the case of road districts other than consolidated township 24 road districts or without the written approval of the highway 25 board of auditors in the case of consolidated township road 26 districts. 27 Except for professional services, when the cost of 28 construction, materials, supplies, new machinery or equipment 29 exceeds $5,000, or $10,000 in case of a district having a 30 population of 10,000 or more, the contract for such 31 construction, materials, supplies, machinery or equipment 32 shall be let, after the above written approval is obtained, 33 to the lowest responsible bidder after advertising for bids -3- LRB9207974ACmg 1 at least once, and at least 10 days prior to the time set for 2 the opening of such bids, in a newspaper published within the 3 township or road district, or, if no newspaper is published 4 within the township or road district then in one published 5 within the county, or, if no newspaper is published within 6 the county then in a newspaper having general circulation 7 within the township or road district, but, in case of an 8 emergency, such contract may be let without advertising for 9 bids upon the approval of the County Superintendent of 10 Highways expressing in writing the existence of such 11 emergency and, in the case of consolidated township road 12 districts, upon the approval of the highway board of 13 auditors. For purposes of this Section "new machinery or 14 equipment" shall be defined as that which has been previously 15 untitled or that which shows fewer than 200 hours on its 16 operating clock and that is accompanied by a new equipment 17 manufacturer's warranty. 18 (Source: P.A. 86-1179; 86-1368; 86-1475.) 19 (605 ILCS 5/6-205) (from Ch. 121, par. 6-205) 20 Sec. 6-205. The district treasurer shall receive and have 21 charge of all moneys raised in the district for the support 22 and maintenance of roads therein, and for road damages except 23 such portions of the moneys which by Section 6-507 are 24 directed to be paid to the municipalities. The district 25 treasurerHeshall hold such moneys at all times subject to 26 the order of the highway commissioner and shall pay them over 27 upon the order of the commissioner, such order to be 28 countersigned by the town or district clerk. In counties 29 under township organization such moneys, other than Social 30 Security taxes required by the Social Security Enabling Act, 31 shall not be paid over until the board of town trustees or 32 highway board of auditors, as the case may be, has examined 33 and audited the claims or charges for which such order is -4- LRB9207974ACmg 1 drawn. In no case shall payment be made on several orders of 2 $5,000 or less where such orders are in payment of a contract 3 or contracts, constituting a single project or transaction, 4 either for road construction or maintenance or for the 5 purchase of material, machinery or other appliance to be used 6 therein, if such plan or project costs more than $5,000, 7 unless such orders are accompanied by the written approval of 8 the county superintendent of highways or the highway board of 9 auditors. He shall keep an account in a book provided by the 10 commissioner of all moneys received, and all moneys paid out, 11 showing in detail to whom and on what account the same is so 12 paid. 13 The treasurer shall also present annually, within 30 days 14 after the end of the fiscal year of the district, to the 15 highway commissioner an itemized statement of receipts and 16 disbursements of the district during the fiscal year just 17 ended, which shall be sworn to. 18 (Source: P.A. 83-1362.) 19 (605 ILCS 5/6-407) (from Ch. 121, par. 6-407) 20 Sec. 6-407. The highway commissioner in each road 21 district may contract for the construction and repairing of 22 roads and bridges lying wholly within the limits of his or 23 her district. When any such contract or other expenditure 24 shall be for a sum in excess of $5,000, the commissioner 25 shall not let or make any payment on the same without the 26 approval of the county superintendent of highways in the case 27 of road districts other than consolidated township road 28 districts or without the written approval of the highway 29 board of auditors in the case of consolidated township road 30 districts. The county superintendent shall keep a record of 31 all payments approved by him. 32 (Source: P.A. 81-693.) -5- LRB9207974ACmg 1 (605 ILCS 5/6-408) (from Ch. 121, par. 6-408) 2 Sec. 6-408. Contracts for constructing and repairing 3 roads and bridges on road district lines shall be let by the 4 highway commissioners of the 2 districts who shall meet and 5 act together when taking action upon the letting of thesuch6 contract for the construction or repair of such roads and 7 bridges, or acceptance of the work. When such contracts are 8 for the expenditure of a sum exceeding $1,000 they shall not 9 let a contract or make any payment for the same without the 10 approval of the county superintendent or highway board of 11 auditors, as the case may be, as provided in Section 6-407. 12 (Source: Laws 1959, p. 888.)