State of Illinois
92nd General Assembly
Legislation

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92_SB0470

 
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 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.)
 
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 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 that such amount 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
 
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 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    treasurer He shall 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
 
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 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.)
 
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 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 the such
 6    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.)

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