093_HB1455enr

 
HB1455 Enrolled                      LRB093 05950 DRH 06047 b

 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 Sections 6-201.7 and 6-508 as follows:

 6        (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
 7        Sec.  6-201.7.  Construct,  maintain  and  repair  and be
 8    responsible for the construction, maintenance and  repair  of
 9    roads  within  the  district, let contracts, employ labor and
10    purchase material and  machinery  therefor,  subject  to  the
11    limitations  provided in this Code.  No contract shall be let
12    for the construction or repair of any road or part thereof in
13    excess of the amount of  $10,000,  nor  shall  any  material,
14    machinery or other appliances to be used in road construction
15    or   maintenance  of  roads  in  excess  of  such  amount  be
16    purchased, nor shall several contracts each for an amount  of
17    $10,000  or less be let for the construction or repair of any
18    road or part thereof when such construction or repair  is  in
19    reality  part  of  one project costing more than $10,000, nor
20    shall any material, machinery or other appliance to  be  used
21    therein  be  purchased  under  several  contracts each for an
22    amount of $10,000 or less, if such purchases are  essentially
23    one  transaction  amounting to more than $10,000, without the
24    written approval of the county superintendent of highways  in
25    the  case  of road districts other than consolidated township
26    road districts or without the written approval of the highway
27    board of auditors in the case of consolidated  township  road
28    districts.
29        Except  for  professional  services,  when  the  cost  of
30    construction, materials, supplies, new machinery or equipment
31    exceeds   $10,000,   the   contract  for  such  construction,
 
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 1    materials, supplies, machinery or  equipment  shall  be  let,
 2    after  the  above written approval is obtained, to the lowest
 3    responsible bidder after advertising for bids at least  once,
 4    and at least 10 days prior to the time set for the opening of
 5    such  bids,  in  a newspaper published within the township or
 6    road district, or, if no newspaper is  published  within  the
 7    township  or  road  district then in one published within the
 8    county, or, if no newspaper is published  within  the  county
 9    then  in  a  newspaper  having general circulation within the
10    township or road district, but, in case of an emergency, such
11    contract may be let without advertising  for  bids  upon  the
12    approval  of the County Superintendent of Highways expressing
13    in writing the existence of such emergency and, in  the  case
14    of consolidated township road districts, upon the approval of
15    the  highway board of auditors.  For purposes of this Section
16    "new machinery or equipment" shall be defined as  that  which
17    has  been  previously untitled or that which shows fewer than
18    200 hours on its operating clock and that is accompanied by a
19    new equipment manufacturer's warranty.
20    (Source: P.A. 92-268, eff. 1-1-02.)

21        (605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
22        Sec. 6-508.  (a)  For  the  purpose  of  constructing  or
23    repairing  bridges,  culverts,  drainage  structures or grade
24    separations,  including  approaches  thereto,  at  the  joint
25    expense of a county and a road  district  and  obtaining  aid
26    from  the  county  as provided in Section 5-501 of this Code,
27    there may be included in the annual tax levies  provided  for
28    in Section 6-501 of this Code a tax of not to exceed  .05% of
29    the  value  of all the taxable property in the road district,
30    as equalized or assessed by the Department of Revenue,  which
31    tax  shall  be  in  addition  to  and may be in excess of the
32    maximum levy and may be extended at a rate in addition to and
33    in excess of the tax rate for road purposes authorized  under
 
HB1455 Enrolled             -3-      LRB093 05950 DRH 06047 b
 1    Section 6-501 of this Code.
 2        Such tax, when collected, shall constitute and be held by
 3    the  treasurer  of  the  district  as  a  separate fund to be
 4    expended for the construction or repair of bridges, culverts,
 5    drainage   structures   or   grade   separations,   including
 6    approaches thereto, at the joint expense of  the  county  and
 7    the road district.  The highway commissioner shall separately
 8    specify  in  the  certificate  required  by Section 6-501 the
 9    amount necessary to be raised by taxation for the purpose  of
10    constructing   or   repairing   bridges,  culverts,  drainage
11    structures  or  grade   separations,   including   approaches
12    thereto,  at  the  joint  expense  of the county and the road
13    district.  Upon the approval  by  the  county  board  of  the
14    amount  so  certified  as  provided  in Section 6-501 of this
15    Code, the county clerk shall  extend  the  same  against  the
16    taxable  property  of  the road district, provided the amount
17    thus approved shall not be extended at a rate  in  excess  of
18    .05%  of value, as equalized or assessed by the Department of
19    Revenue.
20        When any improvement project  for  which  a  tax  may  be
21    levied  under  this  Section  has been ordered as provided in
22    Section 5-501 and the estimated cost of such project  to  the
23    road  district  is  in  excess  of  the  amount  that will be
24    realized from the annual tax levy authorized by this  Section
25    when  extended  and  collected,  then  the  road district may
26    accumulate the proceeds of such tax for such number of  years
27    as may be necessary to acquire the funds necessary to pay the
28    district's share of the cost of such project.  In counties in
29    which  a  property  tax extension limitation is imposed under
30    the Property Tax Extension Limitation Law and the  imposition
31    of  the  property  tax  extension  limitation prevents a road
32    district from levying taxes for road purposes at the required
33    rate, a road district may retain its eligibility if,  at  the
34    time  the  property tax extension limitation was imposed, the
 
HB1455 Enrolled             -4-      LRB093 05950 DRH 06047 b
 1    road district was levying at the required rate and  continues
 2    to  levy the maximum allowable amount after the imposition of
 3    the property tax extension limitation.  It  shall  not  be  a
 4    valid  objection  to  any subsequent tax levy made under this
 5    Section that there remains unexpended money  arising  from  a
 6    preceding  levy  of  a prior year because of the accumulation
 7    provided for in this Section.
 8        The rate  limitation  imposed  by  this  Section  may  be
 9    increased for a 10 year period to up to 0.25% of the value of
10    all  the  taxable property in the road district, as equalized
11    or assessed by the Department of Revenue if  the  proposition
12    for  the increased tax rate is submitted under Sections 6-504
13    and 6-505 and receives a majority of all ballots cast on  the
14    proposition at the election held under Section 6-505.
15        (b)  All  surplus  funds  remaining  in  the hands of the
16    treasurer of the road district after the  completion  of  any
17    construction  or  repairing  of  bridges,  culverts, drainage
18    structures  or  grade   separations,   including   approaches
19    thereto,  under  this  Section,  shall be turned over, at the
20    request of the highway commissioner, with the written consent
21    of the county superintendent, to the regular road fund of the
22    road district.  Upon such request, no further levy under this
23    Section is to be extended by  the  county  clerk  unless  the
24    proposition  authorizing such further levy is submitted under
25    Sections 6-504 and 6-505  and  receives  a  majority  of  all
26    ballots  cast  on  the proposition at the election held under
27    Section 6-505.
28        (c)  The moneys from  this  tax  may  also  be  used  for
29    construction  and  maintenance of bridges, culverts and other
30    drainage  facilities,   or   grade   separations,   including
31    approaches  thereto,  on,  under, or over the district roads,
32    without  joint  county  funds  being  involved  and   without
33    limitation  as to size of project, but only if adequate funds
34    are available for all projects for which  the  road  district
 
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 1    has  petitioned  the  county  for joint participation. If the
 2    project size is over $10,000, the road district  commissioner
 3    shall also obtain the permission of the county engineer.
 4    (Source: P.A. 92-268, eff. 1-1-02; 92-800, eff. 8-16-02.)

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