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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.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/5-505
(605 ILCS 5/5-505) (from Ch. 121, par. 5-505)
Sec. 5-505.
Any bridge or culvert, or both, that has been constructed,
repaired or maintained by adjoining counties may be abandoned and the use
thereof for road purposes discontinued if the county boards of such
adjoining counties determine by concurrent resolution that:
(1) the bridge or culvert, or both, proposed to be abandoned is unsafe
for the use of traffic and is in need of extensive repair or replacement,
but the amount of traffic making use of such structure or structures is so
small that the expense of repairing or replacing the structure or
structures cannot be justified;
(2) other means of access between the counties are available to
adequately serve traffic in the area served by the bridge or culvert, or
both, proposed to be abandoned;
(3) it will be in the best interest of the majority of the residents of
each county to abandon the use of such bridge or culvert, or both; and
(4) an agreement has been reached as to the share of the cost of removal
of any bridge so abandoned that is to be borne by each county, which
agreement shall be set out in the resolution.
Whenever the use of any bridge is abandoned under the provisions of this
Section such bridge shall be promptly removed and the watercourse over
which it passed left unobstructed.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-506
(605 ILCS 5/5-506) (from Ch. 121, par. 5-506)
Sec. 5-506.
Approaches to bridges and culverts constructed under the
provisions of Section 5-501 shall be maintained by the respective road
districts or municipalities, and approaches to bridges or culverts
constructed under the provisions of Section 5-503 shall be maintained by
the respective counties, within which such approach or approaches may be
located, and all approaches to any and all such bridges and culverts as
have heretofore been constructed.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/5-507
(605 ILCS 5/5-507) (from Ch. 121, par. 5-507)
Sec. 5-507.
If the county board of any such county, after reasonable notice
in writing from such other county board, neglects or refuses to construct
or repair any such bridge or culvert when any contract or agreement
covering the division of cost has been made in regard to the same, the
county board so giving notice may construct or repair the same and recover,
by suit, such amount as shall have been agreed upon of the expense of so
constructing or repairing such bridge or culvert, with costs of suit and
interest from the time of the completion thereof, from the county board so
neglecting or refusing.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/Art. 5 Div. 6
(605 ILCS 5/Art. 5 Div. 6 heading)
DIVISION 6.
TAXATION
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605 ILCS 5/5-601
(605 ILCS 5/5-601) (from Ch. 121, par. 5-601)
Sec. 5-601.
(a) For the purpose of improving, maintaining, repairing,
constructing and reconstructing the county highways required to be
maintained, repaired and constructed by the county as provided in
Section 5-401 of this Code, and for the payment of lands, quarries, pits
or other deposits of road material required by the county for such
purpose, and for acquiring and maintaining machinery and equipment, or
for acquiring, maintaining, operating, constructing or reconstructing
buildings for housing highway offices, machinery, equipment and
materials, used for the construction, repair and maintenance of such
highways, the county board shall have the power to levy an annual tax to
be known as the "county highway tax". Such tax shall be in addition to the
maximum of all other county taxes which the county is now or may
hereafter be authorized by statute to levy upon the aggregate valuation
of all taxable property within the county. Such "county highway tax"
shall not be extended at a rate exceeding .10%, or the rate limit in
effect on July 1, 1967, whichever is greater, of the value, as equalized
or assessed by the Department of Revenue, of the
taxable property within the county, exclusive of the amount necessary to
pay the principal of and interest on county road bonds duly authorized
before July 1, 1959 for the construction of county highways, unless
otherwise authorized by a vote of the people of the county. The county
highway tax rate may be increased to .20% as provided in subsection (b).
In counties having less than 1,000,000 inhabitants, the amount that may
be expended for the purchase of machinery or equipment for constructing
or maintaining highways shall not exceed in any one year an amount in
excess of 35% of the maximum extension for highway purposes for such
year. In counties having 1,000,000 or more inhabitants, taxes levied for
any year for the purposes specified in this Section shall be subject to
the limitation that they shall not exceed the estimated amount of taxes
to be levied for such year for such purpose as determined in accordance
with the provisions of Section 6-24001 of the Counties
Code and set
forth in the annual appropriation bill of such county; and in
ascertaining the rate per cent that will produce the amount of any tax
levied in any such county under the provisions of this Section, the
county clerk shall not add to such tax or rate any sum or amount to
cover the loss and cost of collecting such tax. However, the foregoing
limitations upon tax rates, insofar as they are applicable to counties
of less than 1,000,000 population, may be increased or decreased under
the referendum provisions of the General Revenue Law of Illinois. All
moneys derived from the "county highway tax" shall be placed in a
separate fund to be known as the "county highway fund" and shall be used
for no other purpose. In any county containing 1,000,000
or more inhabitants, however, any appropriation or levy to be used for lands,
easements and rights-of-way, motor vehicle equipment, mechanical
equipment, engineering and drafting equipment, road materials, road,
bridge and drainage improvements, grade separation improvements,
railroad grade crossing improvements, warehouse and garage improvements,
street signs and signals need not be expended during the fiscal year in
which the appropriation or levy was made but shall also be available
during the following fiscal year without reduction of any levy made
during the latter fiscal year. After the end of that latter fiscal
year, if there is still an unexpended balance, it shall operate to
reduce, in like amount, any subsequent levy. It shall not be a defense
or objection to any appropriation or levy made in a subsequent fiscal
year for the same purposes that there remain uncommenced or uncompleted
projects or unexpended moneys arising in an appropriation or levy of a
prior year as contemplated in this Section.
(b) The maximum county highway tax rate provided for in subsection
(a) may be increased not to exceed .20% if such increase is approved by
a majority of the voters of the county voting on the question. The question
shall be certified to the proper election officials, who shall submit the
question to the voters at an election. Such
election shall be conducted, returns made and notices thereof
given as provided by the general election law. The question shall be in
substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the county highway tax rate YES of.......... County be increased - - - - - - - - - - - - - - - - - - - - - - - - - -
to.....%? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 86-1475 .)
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605 ILCS 5/5-601.1
(605 ILCS 5/5-601.1) (from Ch. 121, par. 5-601.1)
Sec. 5-601.1.
Whenever a proposition or public question is required to
be submitted, pursuant to this Act, for approval or rejection by the electors
at an election, the time and manner of conducting such referendum shall
be in accordance with the general election laws of the State.
(Source: P.A. 81-1489.)
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605 ILCS 5/5-602
(605 ILCS 5/5-602) (from Ch. 121, par. 5-602)
Sec. 5-602.
For the purpose of administering Sections 5-501, 5-502, 5-503
and 5-504 of this Code, any county having less than 1,000,000 inhabitants may
levy an additional annual tax not exceeding .05% of the value of all the
taxable property in such county, as equalized or assessed by the Department of
Revenue, which tax shall be in addition to all other county taxes and shall be
in excess of any other rate limitation. The foregoing rate limitation may be
increased, for a 10 year period, up to 0.25% under the referendum provisions of
Sections 18-120, 18-125, and 18-130 of the Property Tax Code. This tax shall be
levied and collected at the
same time and in the same manner as taxes for general county purposes. All
moneys derived from such tax shall be placed in a separate fund in the county
treasury to be known as the "county bridge fund". The county board shall from
time to time make appropriations payable from the "county bridge fund" for the
purpose of administering Sections 5-501, 5-502, 5-503 and 5-504 of this Code;
but no portion of this fund may be expended for the purpose of administering
sections 5-502, 5-503 or 5-504 of this Code until all obligations imposed upon
the county by Section 5-501 of this Code have been fulfilled. If, at the end of
any fiscal year of the county, there is any unappropriated balance in the
"county bridge fund", it shall operate to reduce, in like amount, any
subsequent tax levy payable into such fund.
(Source: P.A. 88-670, eff. 12-2-94.)
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605 ILCS 5/5-603
(605 ILCS 5/5-603) (from Ch. 121, par. 5-603)
Sec. 5-603.
For the purpose of providing funds to pay the expenses
for engineering and right-of-way costs, utility relocations and its
proportionate share of construction or maintenance of highways in the
federal aid network or county highway network and costs
incurred incident to transportation planning studies conducted in
cooperation, and by formal agreement, with the Department of
Transportation or its predecessor, the Department of Public Works and
Buildings and the designated authority of the United States Government
the county board except in counties having a population in excess of
1,000,000 inhabitants has the power to levy an annual tax to be known as
the matching tax. Such tax shall be in addition to the maximum of all
other county taxes which the county is now or may hereafter be
authorized by statute to levy upon the aggregate valuation of all
taxable property within the county. Such matching tax shall not be
extended at a rate exceeding .05% of the value of all taxable property
within the county, as equalized or assessed by the Department of Revenue.
On ascertaining the rate per cent that will produce
the amount of any tax levied in any such county under this section, the
county clerk shall not add to such tax or rate any sum or amount to
cover the loss or cost of collecting such tax. All moneys derived from
the matching tax shall be placed in a separate fund to be known as the
matching fund and shall be used for no other purposes. The county board
shall from time to time adopt resolutions appropriating matching funds
for specific federal aid projects and motor fuel tax sections or for
transportation planning studies conducted in cooperation, and by formal
agreement, with the Department of Transportation or its predecessor, the
Department of Public Works and Buildings and the designated authority of
the United States Government and no moneys shall be disbursed from this
fund unless so appropriated by the county board. After the end of the
fiscal year, if there is still an unappropriated balance it shall
operate to reduce, in like amount, any subsequent levy.
(Source: P.A. 86-616.)
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605 ILCS 5/5-604
(605 ILCS 5/5-604) (from Ch. 121, par. 5-604)
Sec. 5-604.
The county board of any county, pursuant to a petition and after
referendum approval as required in this Section, may levy a special tax
for the purpose of (1) constructing or repairing county highways or (2)
assisting one or more road districts in the county to the extent of 25%
of the cost of the construction or repair of township or district roads or (3) for
both of such purposes. Such tax shall not be included within any
statutory rate or amount for other county purposes but shall be excluded
therefrom and be in addition thereto and in excess thereof.
Upon receipt of a petition from 100 or more landowners who are legal
voters in any county the county clerk shall submit at the next general
election for county officers, or at a regular election, the question of extending
a special tax
against all taxable property in the county for the purpose or purposes
and in the manner stated in the petition. The county clerk shall give
notice of such referendum and shall submit the proposition in accordance
with the general election law of the State.
Both the petition and the notice of referendum shall designate (1) the
particular county highway or county highways to be improved or the road
district or districts to be so assisted or both, (2) the maximum annual
rate percent not exceeding .0833% of the value of the taxable property
as equalized or assessed by the Department of Revenue
at which such tax may be extended and (3) the number of years, not
exceeding 5 years, during which such tax may be levied.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a special YES tax for highway purposes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
be levied in.... County? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all ballots cast on such question is in favor of
such tax levy, the county board shall levy and the county clerk shall
extend such tax for the number of years stated in the petition and the
proceeds of such tax shall be used for the purpose or purposes stated in
the petition.
(Source: P.A. 85-527 .)
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605 ILCS 5/5-604.1
(605 ILCS 5/5-604.1) (from Ch. 121, par. 5-604.1)
Sec. 5-604.1.
In any county not under township organization, the
county board may levy by ordinance, for a period not exceeding 5 years,
an annual tax at a rate not to exceed .05% of the value, as equalized or
assessed by the Department of Revenue, of all taxable property in the
county for the purpose of constructing or maintaining gravel, rock, macadam
or other hard roads, or for improving, maintaining or repairing earth roads
by draining, grading, oil treating or dragging. A notice of the passage of
the ordinance, stating that the ordinance was passed and stating (a) the
particular county highway or highways to be constructed, improved, repaired
or maintained, (b) the annual tax rate specified in the ordinance, (c) the
number of years specified in the ordinance for the levy of the tax, (d) the
specific number of voters required to sign a petition requesting that the
question of the adoption of the ordinance be submitted to the electors of
the county, (e) the time in which the petition must be filed, and (f) the
date of the prospective referendum, shall be published once in a paper
having a general circulation in the county. The county clerk shall provide
a petition form to any individual requesting one.
The ordinance takes effect 30 days after publication of that notice
unless within that time a petition, signed by the
registered voters of the county equal to 10% or more of the registered
voters in the county, is filed with the county clerk requesting the
submission to a referendum of the question of whether to levy the tax
provided for by this Section. If no such petition is filed within that
time, or if all such petitions filed within that time are determined to be
invalid or insufficient, the county clerk shall extend the tax levied by
the county board for the number of years stated in the ordinance and the
proceeds of that tax shall be used for the purpose or purposes stated in
the ordinance.
If, however, such a petition is filed within that time, the county
clerk shall submit at the next general election for county officers, or
at a regular election, the question of whether the tax provided for in this
Section should be levied. The county clerk shall give notice of the
referendum and shall submit the question in accordance with the general
election law. Both the petition and the notice of election must designate
(1) the particular county highway or highways to be constructed, improved,
repaired or maintained, (2) the maximum annual rate per cent not exceeding
.05% of the value, as equalized or assessed by the Department of Revenue,
at which the tax may be extended, and (3) the number of years, not
exceeding 5 years, during which the tax may be levied.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a special tax YES for highway purposes be - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
levied in.... County? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all ballots cast on that question is in favor of the
tax levy, the county board shall levy and the county clerk shall extend
the tax for the number of years stated in the petition and the proceeds
of that tax shall be used for the purpose or purposes stated in the
petition.
(Source: P.A. 87-767 .)
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605 ILCS 5/5-605
(605 ILCS 5/5-605) (from Ch. 121, par. 5-605)
Sec. 5-605.
The county board of any county may in any manner provided
by law for issuing county bonds, issue bonds of the county for the
purpose of constructing county highways: Provided, that the question of
issuing such county bonds shall first be submitted to the legal voters
of such county at any election. The
county board shall adopt a resolution to submit such question
to a vote, specifying therein the particular highways to be
constructed, the type of construction to be made on each section of such
highways, the proposed widths of the paved and graded travel way,
together with an estimate of the cost of such construction. Such bonds
shall be issued to mature in not less than 10 nor more than 20 annual
series, the last series to mature not more than 20 years from date of
issue. If the question of an issue of such bonds is submitted to the
people, notice of the referendum shall be given and the
referendum shall be held in the manner provided by the general
election laws of the State, and the proposition
shall be in substantially
the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall county bonds for YES highways be issued to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
the amount of $....? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the voters voting on such question vote in favor of
the proposition the county board shall at once issue the bonds and take
the necessary steps to construct the county highways provided for. This
section shall not be construed to repeal any other law on the subject of
issuing county bonds, except insofar as such other law is in direct
conflict herewith.
If it shall be deemed necessary to submit to a vote of the people at
the same election the
question of issuing bonds and the raising of an additional tax, the same
may be included in one proceeding, and in that case the proposition shall be
in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall county bonds for highways be issued to the amount of $.... YES and an additional tax levied for the - - - - - - - - - - - - - - - - - - - - - -
payment of interest and principal NO of such bonds? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
When the question of raising such additional tax to pay the interest
and principal of such bonds has been approved by the legal voters of the
county, the county board may, in its discretion, by appropriate
resolution, when funds from other sources have been allocated and set
aside for the purpose of paying the principal or interest, or both, of
such bonds, abate the further collection of such additional tax or such
portion thereof as shall not be required to meet such bonds or
obligations.
(Source: P.A. 81-1489 .)
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605 ILCS 5/5-605.1
(605 ILCS 5/5-605.1) (from Ch. 121, par. 5-605.1)
Sec. 5-605.1.
The county board of any county may by ordinance and without
referendum, issue bonds of the county for the purpose of constructing
bridges under any of Sections 5-501 through 5-503 if the county first
secures the approval of the Department for the bridge construction project
in the manner provided by Section 5-403 for approval of highway
construction projects. Such bonds must mature within 5 years and the
principal and interest on those bonds must be payable, as provided in
Section 5-701.4, from motor fuel tax money allotted to the county.
(Source: Laws 1967, p. 762 .)
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