| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-33008
(55 ILCS 5/5-33008) (from Ch. 34, par. 5-33008)
Sec. 5-33008.
Additional powers conferred.
This Division
shall be construed as conferring powers in addition to but not as limiting
powers granted under other laws.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-33009
(55 ILCS 5/5-33009) (from Ch. 34, par. 5-33009)
Sec. 5-33009.
Any unexpended funds remaining after the retirement of bonds
sold pursuant to this Division 5-33 may be used by the county for any
highway construction, reconstruction or maintenance purposes.
(Source: P.A. 87-145.)
|
55 ILCS 5/Div. 5-34
(55 ILCS 5/Div. 5-34 heading)
Division 5-34.
Expressways -
Counties over 500,000 Population
|
55 ILCS 5/5-34001
(55 ILCS 5/5-34001) (from Ch. 34, par. 5-34001)
Sec. 5-34001.
Legislative determination.
It is
hereby declared as a matter of legislative determination
that there is excessive congestion on existing highways in large
metropolitan areas in counties having a population of more than 500,000
inhabitants, due to constant movement of large masses of passenger and
freight traffic to and from and within said metropolitan areas; that
existing highway facilities are inadequate to fulfill the requirements and
necessities of said traffic in said counties over 500,000 population; that
there is need in said counties of a special system of Expressway highways
of limited access, bridges, viaducts and other traffic facilities, through
and around cities, villages and incorporated towns, known as and
hereinafter called Expressways, designed to meet the requirements of
present and constantly increasing traffic and to join in with plans of the
Federal Government to establish a system of transcontinental roads designed
to meet the requirements of the national defense and the needs of a growing
peace time traffic of longer range; that the conditions herein described
are peculiar to counties having a population of over 500,000 inhabitants,
that existing governmental subdivisions and agencies do not have financial
means to provide such special systems of Expressway highways of limited
access, bridges, viaducts and other traffic facilities; that, therefore, in
order to promote and protect the health, safety and welfare of the public
in the rapid and safe movement of mass highway passenger and freight
traffic by means of special systems of limited access, Expressway highways
with no left turns or cross traffic, special bridges, viaducts and other
traffic facilities and to expedite the completion of the construction
thereof it is necessary to provide funds to pay the costs of constructing
such a project or projects including the costs and expenses incurred in the
acquisition of and payment for real and personal property involved in the
construction of said limited access, Expressway highways, bridges and
viaducts and other highway facilities appurtenant thereto.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34002
(55 ILCS 5/5-34002) (from Ch. 34, par. 5-34002)
Sec. 5-34002.
Bonds.
Any county in this State having a population of
500,000 or more inhabitants, by one or more resolutions of its Board of
Commissioners adopted from time to time, may incur indebtedness and issue
bonds for the purpose of constructing Expressways, which bonds are
hereinafter referred to as Expressway bonds, in an amount or amounts not
exceeding in the aggregate two hundred and forty-five million dollars
without submitting the question to the voters of such county for approval.
The Expressway bonds may be made registerable as to principal and may bear
interest at a rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable at such time and place as may be provided in the bond
resolution or resolutions. The Expressway bonds shall remain valid even
though one or more of the officers executing the bonds ceases to hold his
or their offices before the bonds are delivered.
The bonds shall be sold to the highest and best bidder for not less than
their par value, upon sealed bids. The Board of Commissioners shall, from
time to time, as bonds are to be sold, advertise in a daily newspaper of
general circulation in such county for proposals to purchase the bonds.
Each of such advertisements for proposals shall be published at least 10
days prior to the date of the opening of the bids. The Board of
Commissioners may reserve the right to reject any and all bids.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act or "An Act to
revise the law in relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
|
55 ILCS 5/5-34003
(55 ILCS 5/5-34003) (from Ch. 34, par. 5-34003)
Sec. 5-34003.
Resolution authorizing bonds and tax levy.
The
resolution or resolutions authorizing the Expressway bonds shall prescribe
all the details thereof and shall provide for the levy of a direct annual
tax upon all the taxable property within the county to pay the principal
thereof and interest thereon as it matures. This tax shall be in addition
to and exclusive of the maximum of all other taxes authorized to be levied
by the county. Tax limitations applicable to the county provided by this
Code and by other statutes of this State shall not apply to taxes levied
for payment of Expressway bonds. However, taxes provided to be levied for
payment of Expressway bonds shall not be in excess of the constitutional
limitation of seventy-five cents per $100 valuation unless that excess is
authorized by a vote by the people of the county. Such resolution or
resolutions shall also provide that when the General Assembly shall have
appropriated and allotted to such County or Counties a sum sufficient to
retire the principal of and interest on bonded indebtedness due annually
arising from the issuance of said Expressway bonds, issued for the purpose
of constructing Expressways, in Counties having a population of more than
500,000 inhabitants, from general highway funds and/or funds made available
by Acts of Congress, in accordance with the provisions of the Federal Aid
Road Act of 1916, as amended and supplemented, and allotted to the several
Counties in accordance with the laws appertaining thereto, such funds shall
be paid into the Expressway bond and interest sinking fund account or
accounts, required to be created by Section 5-34006, which provisions
shall be deemed additional security for payment of the Expressway bonds and
interest thereon and shall be irrepealable by the Board of Commissioners so
long as any Expressway bonds and interest thereon are unpaid. If more than
one bond resolution is adopted under the authority of this Division, each
such allotment of moneys from the State of Illinois shall be apportioned
among the sinking fund accounts for such bond issues in proportion to the
principal amount of each issue. If, and when, the moneys received, or to be
received, from the State of Illinois by such County during any calendar
year and deposited in the Expressway bond and interest sinking fund account
or accounts, equal the amount of taxes levied and next to be extended for
payment of principal of and interest on all Expressway bonds issued under
authority of this Division, the balance of the moneys received from the
State of Illinois during that calendar year shall be deposited in a special
account hereby required to be created and which shall be designated as the
Expressway bond and interest sinking fund account. A certified copy of the
bond resolution or resolutions adopted under authority of this Division
shall be filed with the County Clerk of the county and shall constitute
authority for the extension and collection of Expressway bond and interest
taxes as required by the constitution. A certified copy of the bond
resolution or resolutions shall also be filed with the Directors of the
Department of Central Management Services and the Department of
Transportation of this State.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34004
(55 ILCS 5/5-34004) (from Ch. 34, par. 5-34004)
Sec. 5-34004.
Form and denomination of bonds.
The Expressway bonds shall be of such form and denomination,
payable at such place, bear such date, and be executed by such officials as
may be provided by the Board of Commissioners in the bond resolution or
resolutions. They shall mature within not to exceed 20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest after notice has been given at the time and in the manner
provided in the bond resolution or resolutions. If there is no default in
payment of principal or of interest on the Expressway bonds, and after
setting aside a sum of money equal to the amount of interest that will
accrue on the Expressway bonds, and a sum of money equal to the amount of
principal that will become due thereon within the next six months period,
the Treasurer and Comptroller, if there is a Comptroller, of the county
shall use the moneys available from the proceeds of the taxes levied for
the payment of Expressway bonds and the moneys available from the State of
Illinois applicable to such bonds in calling them for payment, if, by their
terms, they are subject to redemption. Expressway bonds called for payment
and paid shall be marked paid and cancelled.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34005
(55 ILCS 5/5-34005) (from Ch. 34, par. 5-34005)
Sec. 5-34005.
Reduction of taxes on payment of bonds called.
Whenever any Expressway bonds are called for payment and paid as provided
in Section 5-34004, the taxes thereafter to be extended for payment of the
principal of and interest on the remainder of the issue shall be reduced in
an amount equal to the principal of and interest that would have thereafter
accrued upon the Expressway bonds so called for payment and paid. A
resolution or resolutions shall be adopted by the Board of Commissioners
finding these facts and a certified copy or copies thereof shall be filed
with the County Clerk and with the Directors of the Department of Central
Management Services and the Department of Transportation. The County Clerk
shall thereupon reduce and extend such tax levies in accordance with said
resolution or resolutions. To the extent that moneys from the State of
Illinois have actually been paid into the Expressway bond and interest
sinking fund account or accounts required to be created by Section 5-34006, the
taxes next to be extended for payment of principal of and interest on said
bonds shall be abated, or reduced, as the case may be. Prior to the
extension of each year's taxes, the Board of Commissioners of such county
shall adopt a resolution or resolutions finding such facts and shall file a
certified copy or copies thereof with the County Clerk. Thereupon the
County Clerk shall abate or reduce, as the case may be, and extend such tax
levies in accordance therewith.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34006
(55 ILCS 5/5-34006) (from Ch. 34, par. 5-34006)
Sec. 5-34006.
Deposit of proceeds.
Moneys received from the proceeds of
taxes levied for the payment of principal of and interest on Expressway
bonds and moneys received from the State of Illinois applicable to such
payment of principal of and interest on Expressway bonds shall be deposited
in a special account hereby required to be created and which shall be
designated as the "Expressway Bond and Interest Sinking Fund Account of the
County of ....". If more than one resolution authorizing Expressway bonds
is adopted, a separate sinking fund account shall be created for the
Expressway bonds issued pursuant to each such resolution. The moneys in
each such sinking fund account shall be faithfully applied to the payment
of Expressway bonds and interest thereon as provided in this Division.
If the moneys in such sinking fund account or accounts is not
immediately necessary for the payment of Expressway bonds and interest
thereon, then, under the direction of the Board of Commissioners of the
County, the moneys may be invested by the Treasurer and the Comptroller, if
there is a Comptroller of the County, in the bonds or other
interest-bearing obligations of the United States or in bonds of the State
of Illinois. The maturity date of the securities in which these moneys are
invested shall be prior to the due date of the particular issue of
Expressway bonds of the investing county. The Board of Commissioners may
cause these securities to be sold whenever necessary to obtain cash to meet
bond and interest payments.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34007
(55 ILCS 5/5-34007) (from Ch. 34, par. 5-34007)
Sec. 5-34007.
Joint construction by county and city.
The proceeds
of the Expressway bonds authorized under this Division may also be used to
pay a portion of the cost of Expressways constructed jointly by such county
and by any city, village or incorporated town located in the County and by
the State of Illinois, or jointly by such county and by the State of Illinois,
or both.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34008
(55 ILCS 5/5-34008) (from Ch. 34, par. 5-34008)
Sec. 5-34008.
Definition.
As used in this Division, the
term "Expressways" means streets, avenues, roads and drives constituting
limited access roadways, with all auxiliary streets, avenues, roads,
drives, bridges, viaducts, underpasses, and approaches for ingress and
egress to and from the main thoroughfares of such streets, avenues, roads
and drives, and other necessary or appropriate appurtenances thereto, to
facilitate the movement of through traffic, to be constructed in accordance
with the resolutions of the Board of Commissioners heretofore or hereafter
approved by the Department of Public Works and Buildings or the Department
of Transportation of the State of Illinois and in accordance with the
provisions of Section 15d of "An Act to revise the law in relation to roads
and bridges", approved June 27, 1913, as amended or Section 5-403 of the
"Illinois Highway Code" as the same may from time to time be amended.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-34009
(55 ILCS 5/5-34009) (from Ch. 34, par. 5-34009)
Sec. 5-34009.
Additional powers conferred.
This Division shall be
construed as conferring powers in addition to, but not as limiting powers
granted under other laws.
(Source: P.A. 86-962.)
|
|
|
|