Public Act 93-0193

HB1586 Enrolled                      LRB093 06558 MKM 10862 b

    AN ACT concerning unincorporated areas.

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

    Section  5.  The Property Tax Code is amended by changing
Section 27-95 as follows:

    (35 ILCS 200/27-95)
    Sec. 27-95. Special service area for privately  owned  or
maintained roads in unincorporated areas.
    (a)  If an unincorporated area of a county under township
organization in subdivisions initially platted before January
l, 1995 1959 contains at least one mile 2 miles of streets or
roadways situated entirely within a township and not owned by
the  county  or  any  other  unit  of  government, and if the
streets and roadways, including related  drainage  facilities
and appurtenances, provide access for police, fire, and other
emergency    vehicles,   the   highway   commissioner,   upon
consultation   with   the   county   engineer    or    county
superintendent  of  highways,  may  propose a special service
area  as  provided  in  this  Section  for  the  purpose   of
repairing,  reconstructing,  or maintaining those streets and
roadways, and the corporate authorities of the county  within
which the streets and roadways are located may levy or impose
additional  taxes  upon  property  within  the  area  for the
provision of special services and for  the  payment  of  debt
incurred in order to provide those special services; provided
that  if the owners of 51% or more in the number of the lots,
tracts, and parcels of real estate that are to be subject  to
the  tax  file a petition with the county clerk agreeing with
the  establishment  of  a  special  service  area,  then  the
corporate authorities of the county shall  proceed  with  the
establishment  of  the special service area. If a petition is
not filed or contains an insufficient number  of  signatures,
the  County  Board  shall  proceed  no  further  and the same
establishment of a special service area shall  not  again  be
initiated for a period of one year.
    (b)  The  county  engineer  or  county  superintendent of
highways  may  expend  county  highway  funds  in   providing
consultation   to   a  highway  commissioner  concerning  the
establishment of a special service area or its administration
by the road district.
    (c)  The corporate authorities of the  county  may  issue
bonds  as  provided  in  this  Code  to fund the provision of
special services within the boundaries of the special service
area.
    (d)  The  highway  commissioner   shall   make   or   let
contracts, employ labor, and purchase materials and machinery
necessary   for  repairing,  reconstructing,  or  maintaining
streets  and  roadways  within   a   special   service   area
established  as  provided  in this Section. The cost of these
obligations shall be reimbursed by the  county  with  special
service  area  tax  revenues  or  bond  proceeds,  subject to
supervision by the county engineer or  county  superintendent
of highways as provided in the Illinois Highway Code.
    (e)  The  highway commissioner may propose an increase in
the tax rate whenever available  funding  is  or  may  become
insufficient  to  meet the cost of providing special services
under this Section, provided notice is given and  new  public
hearings  are  held  in  accordance  with  Sections 27-30 and
27-35. If a petition by at least 51% of the electors and  51%
of  the  owners of record is filed in accordance with Section
27-55 objecting to a proposed increase in the tax  rate,  the
tax  rate shall not be increased, and the road district shall
have  no  further  obligation  beyond  available  funding  to
provide  any  services  for  repairing,  reconstructing,   or
maintaining  streets  and roadways within the special service
area. Upon satisfaction of all bonded indebtedness and  other
obligations  incurred  in providing the special services, the
special service area shall be dissolved.
(Source: P.A. 91-775, eff. 6-9-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.