(605 ILCS 5/Art. 6 heading) ARTICLE 6.
ADMINISTRATION OF TOWNSHIP AND DISTRICT ROADS
|
(605 ILCS 5/Art. 6 Div. 1 heading) DIVISION 1.
DISTRICT ORGANIZATION AND POWERS
|
(605 ILCS 5/6-101) (from Ch. 121, par. 6-101)
Sec. 6-101.
Roads which are part of the township and district road system
are under the jurisdiction of the several road districts in which they are
located, subject to such supervision by the county and the Department as is
provided in this Code. A road district comprises either a township,
township district, road district or county unit road district in existence
immediately prior to the effective date of this Code or any area created a
road district under the provisions of this Code.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-102) (from Ch. 121, par. 6-102)
Sec. 6-102.
Each township of the several counties under township
organization, for the purposes of this Code, shall be considered and is
called a road district for all purposes relating to the construction,
repair, maintenance, financing and supervision of township roads unless
under prior law it has been or pursuant to this Code is consolidated into a
consolidated township road district or into a county unit road district.
Consolidated township districts and county unit road districts in
existence under the provisions of law immediately prior to the effective
date of this Code shall continue in existence as road districts under this
Code until changed in the manner provided by this Code.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-103) (from Ch. 121, par. 6-103)
Sec. 6-103.
In counties not under township organization the road districts
in existence under the provisions of law immediately prior to the effective
date of this Code shall be continued in existence until the same shall be
altered in the manner provided in Sections 6-104, 6-105, or 6-111 of
this Code or as otherwise provided by law.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-104) (from Ch. 121, par. 6-104)
Sec. 6-104.
Whenever the territory of any municipality is a part of a road district in a county
not under township organization, and shall by resolution of its council or
its president and board of trustees request the county board to organize it
into a separate road district and designate the name thereof, the county
board shall comply with such request, and provide for such organization of
such municipality into a new road district under the name designated in
such resolution of such city council, or president and board of trustees,
if any be designated therein.
Whenever a road district shall have been or shall hereafter be organized
as provided in this Section and any of the territory of such municipality
shall be disconnected from such municipality, the county board, upon
receipt of a certified copy of the resolution or ordinance of the
municipality disconnecting such territory, by resolution, shall disconnect
such territory from such road district and annex it to an adjacent road
district or districts. Whenever such municipality, at any one time shall
have annexed or shall hereafter annex any territory, the county board, by
resolution, shall disconnect such territory from the road district or
districts in which it may be situated and annex the same to the road
district in which such municipality is situated.
All the powers vested in a road district organized out of the territory
embraced within any municipality, including all the powers vested by law in
the highway commissioner of a road district, shall be vested in and
exercised by the city council, or president and board of trustees of such
municipality, including the power to levy a tax for the proper
construction, maintenance and repair of roads in such district as provided
in Section 6--501 of this Code. Any such tax whether heretofore or
hereafter levied shall be in addition to all other taxes levied in such
municipality and in addition to the taxes for general purposes authorized
in Section 8-3-1 of the Illinois Municipal Code, as heretofore and
hereafter amended.
All of the powers vested by law in the district clerk of a road district
shall be vested in and exercised by the city, town or village clerk of such
municipality.
After a road district has been organized out of the territory embraced
within a municipality, the offices and election of highway commissioner and
district clerk shall be discontinued.
(Source: P.A. 97-908, eff. 8-7-12.)
|
(605 ILCS 5/6-105) (from Ch. 121, par. 6-105)
Sec. 6-105.
The county board in counties not under township organization
shall have full and complete power and jurisdiction to alter the boundaries
of road districts, create new road districts and to consolidate road districts
in their respective counties to suit the convenience of the inhabitants
residing therein, but no such change shall be made or new road district
created under the provisions of this Code unless at least 20 of the legal
voters of such road district petition for such alteration or creation of
a new road district or 20 legal voters from each of the districts to be
consolidated petition for such consolidation; nor shall such alteration
or creation of a new road district or consolidation be made by such county
board without notice thereof having been given by posting up notices in
not less than 5 of the most public places in each of the several road districts
interested in such proposed alteration or creation of a new road district
or for the consolidation of road districts. Provided, however, that where
a city council or board of trustees of a municipality has, by resolution
as above provided in Section 6-104, requested that the county board organize
the territory embraced within such municipality into a road district or
where the territory embraced in a municipality has been heretofore or may
hereafter be organized into a road district and territory is disconnected
from or added to such road district as provided in Section 6-104, a petition
signed by the legal voters of such road district shall not be required and
no notice of such proposed alteration or creation need be given but changes
in boundaries shall be made by the county board as provided in Section 6-104.
When a new road district is created or a new district is created by consolidation
as provided in this Section, such new districts from creation or the time
of consolidation become districts for the purpose of nominating and electing
officers at the next regular election held for election
of road district officers, and after said election and election of officers,
become districts for all purposes. Until such election and the qualification
of the officers elected, the officers of the districts consolidated into
one district shall hold office, and perform their respective duties as to
each district. When a new district is created, not being a consolidated
district, the officers of the district or districts, from parts of which
the new district is formed, shall perform their respective duties as to
the territory in the new district, taken from their district, until the
next regular election for officers of road districts and
the election and qualification of officers for the new district.
(Source: P.A. 81-1490.)
|
(605 ILCS 5/6-106) (from Ch. 121, par. 6-106)
Sec. 6-106.
The corporate name of each road district in counties not under
township organization shall be "Road District No. .... of .... County" and
all actions by or against such district shall be in its corporate name.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-107) (from Ch. 121, par. 6-107)
Sec. 6-107.
Road districts have
corporate capacity to exercise the powers granted thereto, or necessarily
implied and no others. They have power: (1) to sue and be sued, (2) to
acquire by purchase, gift or legacy, and to hold property, both real and
personal, for the use of its inhabitants, and again to sell and convey the
same, (3) to make all such contracts as may be necessary in the exercise of
the powers of the district. A road district shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the township and district road system, in an adjacent road district, is jointly performed with another road district through the sharing of road equipment pursuant to an intergovernmental agreement, or provided as necessary relief services following the occurrence of a disaster as defined by the Illinois Emergency Management Agency Act. As used in this Section, "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.
(Source: P.A. 103-373, eff. 1-1-24.)
|
(605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1)
Sec. 6-107.1. Road districts may borrow money from any bank or other
financial institution or, in a township road district and with the approval
of the town board of trustees, from the town fund, provided such money
shall be repaid within 10 years from the time the money is
borrowed.
"Financial institution" means any bank subject to the Illinois Banking Act,
any savings and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or savings and
loan association organized and operated in this State pursuant to the laws
of the United States.
(Source: P.A. 93-743, eff. 7-15-04.)
|
(605 ILCS 5/6-108) (from Ch. 121, par. 6-108)
Sec. 6-108.
Any two or more townships in any county under township
organization may be consolidated into a consolidated township road
district for all purposes relating to the construction, repair,
maintenance and supervision of roads in the manner hereinafter provided.
A petition shall be filed with the circuit court for the county,
signed by at least 50 or 5% of the legal voters, whichever is fewer, of
each of the townships involved, requesting the court to order a referendum
in such townships, naming them, for the purpose of voting for or against
the proposition to consolidate such townships into a single road district for
all road purposes.
Upon the filing of such petition, the court shall consider the petition
and enter appropriate orders in accordance with the general election law.
If the court orders a referendum on such proposition
to be held, it shall be held at a regular election in such
townships. Such referendum shall be conducted and notice given in accordance
with the general election law of the State.
(Source: P.A. 81-1489.)
|
(605 ILCS 5/6-109) (from Ch. 121, par. 6-109)
Sec. 6-109.
The proposition shall be in substantially the following form:
Shall.... Township and....Township of.... County, Illinois, YESbe consolidated into a consolidated township road district for road NOpurposes?
The votes upon
such proposition in each township involved shall be separately counted
and tabulated. Such proposition shall not be deemed to have been
approved unless a majority of the votes cast thereon in each township
involved shall be in favor thereof. If a majority of the votes cast upon
the proposition in each township involved shall be in
favor of the consolidation of such townships for road purposes then such
townships shall be consolidated into a consolidated township road
district for road purposes, effective on the date of the next regularly
scheduled election of road district officers
following the referendum. The
court shall file a certificate of the results of any referendum
in which
the consolidation of townships is so approved with the county clerk of
the county.
(Source: P.A. 81-1489.)
|
(605 ILCS 5/6-110) (from Ch. 121, par. 6-110)
Sec. 6-110.
For all purposes relating to the construction, repair,
maintenance and supervision of roads in all counties, other than counties
in which a county unit road district has been established, the several
types of road districts provided for in this Code shall, as near as may be,
and subject to the provisions of this Code, be regarded as analogous in
corporate authority and the powers and duties of the highway officers
thereof shall be similar in extent and effect.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-111) (from Ch. 121, par. 6-111)
Sec. 6-111.
The territory within any county having less than 500,000
inhabitants may be organized into a county unit road district for all
purposes relating to the construction, repair, maintenance and
supervision of district roads in the county in the manner hereinafter
provided. A petition signed by not less than 5% of the legal voters or
50 legal voters, whichever is fewer, in each of at least a majority of
the townships in a county under township organization or road districts
in a county not under township organization shall be filed with the
county clerk of the county requesting the county clerk to submit
to referendum in such county to establish a county
unit road district in such county for all
district road purposes. The petition shall request that such proposition be
submitted at the general election in the next succeeding November of an
even-numbered year.
Upon the filing of such petition, the county clerk shall
submit such proposition at the general election in the
next succeeding November of an even-numbered year in accordance with the
general election law. Notice of the
referendum shall be given, and the election shall be held in the manner
provided by the general
election laws of the State. The proposition
shall be in substantially the following form:
Shall a county unit road YESdistrict in.... County, Illinois be established? NO
Whenever in a county under township organization a majority of the
voters voting on such proposition in at least a majority of the townships
in such county and a majority of the voters voting on such proposition in
the entire county vote in favor of the proposition, and whenever in a
county not under township organization a majority of the voters voting
on such proposition in the entire county vote in favor of the proposition,
a county unit road district shall be established in such county for all
purposes relating to the construction, repair, maintenance and
supervision of district roads in such county which theretofore had been
under the jurisdiction of a highway commissioner, effective at the time
provided in Section 6-125 of this Act.
Any county unit road district established under this Section shall be
an independent county agency and any taxes levied for the county unit
road district under Section 6-512 of this Act shall be levied and
collected as other county taxes, but the county unit road district taxes
shall not be included in any constitutional or statutory tax limitation
for county purposes, but shall be in addition thereto and in excess
thereof.
(Source: P.A. 81-1489.)
|
(605 ILCS 5/6-112) (from Ch. 121, par. 6-112)
Sec. 6-112.
In each road district, except in a county unit road district
and except in municipalities that have been created a road district, there
shall be elected a highway commissioner in the manner provided in this
Code.
The highway commissioner of each road district comprised of a single
township is an officer of that township.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-113) (from Ch. 121, par. 6-113)
Sec. 6-113.
In each road district comprised of a single township, the
township clerk shall be ex-officio the clerk for the highway commissioner.
In each consolidated township road district the road district clerk
shall be selected by the highway board of auditors of such district from
its membership.
In each other road district there shall be elected a road district clerk
except as is provided in this Code for county unit road districts and for
municipalities that have been created a road district.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-114) (from Ch. 121, par. 6-114)
Sec. 6-114.
In each road district comprised of a single township, the
supervisor of such township shall be ex-officio treasurer for the road
district. In each consolidated township road district the treasurer shall
be selected by the highway board of auditors of such district from its
membership. In each other road district the district clerk shall be
ex-officio treasurer for the road district, except as is provided in this
Code for county unit road districts and for municipalities that are created
a road district.
Each such treasurer before becoming entitled to act as treasurer and
within 10 days after his election or selection, shall execute a bond in
double the amount of moneys likely to come into his hands by virtue of such
office, if individuals act as sureties on such bond, or in the amount only
of such moneys if a surety company authorized to do business in this State
acts as surety on such bond, conditioned that he will faithfully discharge
his duties as such treasurer, that he will honestly and faithfully account
for and pay over, upon the proper orders, all moneys coming into his hands
as treasurer, and the balance, if any, to his successor in office. Such
bond shall be payable to the district, and shall be in such sum as the
highway commissioner shall determine. Such bond shall be approved by the
highway commissioner and shall be filed in the office of the county clerk
with such approval endorsed thereon. The highway commissioner shall have
the power to require the giving of additional bond, to increase or decrease
the amount of such bond, or require the giving of a new bond whenever in
his opinion such action is desirable. The highway commissioner shall have
power to bring suit upon such bond for any loss or damage accruing to the
district by reason of any non-performance of duty, or defalcation on the
part of the treasurer.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-114.5) Sec. 6-114.5. Attestation to funds endorsed by the treasurer. If a road district treasurer issues a payout from the road district's treasury or the township treasury, the road district clerk shall attest to all moneys paid out.
(Source: P.A. 100-983, eff. 1-1-19.) |
(605 ILCS 5/6-115) (from Ch. 121, par. 6-115)
Sec. 6-115.
(a) Except as provided in Section 10-20 of the Township Code or subsections (b) and (c), no
person shall be eligible to the office of highway
commissioner or clerk unless he shall be a legal voter and has been one year a
resident of the district. In road districts that elect a clerk, the same
limitation shall apply to the district clerk.
(b) A board of trustees in a county organized under Division 2-1 of the Counties Code may (i) appoint a non-resident or a resident that has not resided in the district for one year to be a highway commissioner, or (ii) contract with a neighboring township to provide highway commissioner or clerk services if: (1) the district is within a township with no | ||
| ||
(2) the township has a population of less than 1,000; | ||
| ||
(3) no qualified candidate who has resided in the | ||
| ||
(c) A board of trustees in a county organized under Division 2-4 of the Counties Code may (i) appoint a non-resident or a resident who has not resided in the district for one year to be a highway commissioner, or (ii) contract with a neighboring township to provide highway commissioner or clerk services if no qualified candidate who has resided in the road district for at least one year is willing to serve as highway commissioner or clerk. (Source: P.A. 102-558, eff. 8-20-21; 103-138, eff. 1-1-24.)
|
(605 ILCS 5/6-116) (from Ch. 121, par. 6-116)
Sec. 6-116. Except as otherwise provided in this Section with respect
to highway commissioners of township and consolidated township road districts,
at the election provided by the general election law in 1985 and every 4
years thereafter in all counties, other than counties in which a county
unit road district has been established and other than in Cook County, the
highway commissioner of each road district and the district clerk of each
road district having an elected clerk, shall be elected to hold office for
a term of 4 years, and until his successor is elected and qualified. The
highway commissioner of each road district and the district clerk of each
road district elected in 1979 shall hold office for an additional 2 years
and until his successor is elected and has qualified.
In each township and consolidated township road district outside Cook County,
highway commissioners shall be elected at the election provided for such commissioners
by the general election law in 1981 and
every 4 years thereafter to hold office for a term of 4 years and until
his successor is elected and qualified. The highway commissioner of each
road district in Cook County shall be elected at the election provided for
said commissioner by the general election law in 1981 and every 4 years
thereafter for a term of 4 years, and until his successor is elected and qualified.
Each highway commissioner
shall enter upon the duties of his office on the third Monday in May
after his election.
In road districts comprised of a single township, the highway commissioner
shall be elected at the election provided for said commissioner by the general
election law. All elections as are provided in this Section shall be conducted
in accordance with the general election law.
(Source: P.A. 94-273, eff. 1-1-06; 94-645, eff. 8-22-05.)
|
(605 ILCS 5/6-117) (from Ch. 121, par. 6-117)
Sec. 6-117.
In all counties not under township organization the election
shall be held at the election provided by the general election law for road
district clerks and highway
commissioners. Said election shall be held in accordance with the general
election law.
A statement of the results of the election
shall be entered at large by the district clerk in the minutes of the proceedings,
to be kept by him as required by this Code, which shall be publicly read
by him to the electors present, and such reading shall be deemed notice
of the result of the election.
In case 2 or more persons shall have an equal number of votes for the same
office, the question of which shall be entitled to the office shall be decided
by lot, under direction of the district clerk, but he shall give each party
at least 5 days notice of the time and place of drawing lots.
The district clerk, within 10 days after receiving the results of the
election from the appropriate election authorities as hereinbefore provided
in this section, shall transmit to each
person elected to any district office, a notice of his election.
(Source: P.A. 81-1490.)
|
(605 ILCS 5/6-118) (from Ch. 121, par. 6-118)
Sec. 6-118.
Every person elected or appointed to the office of highway
commissioner, and to consolidated township road district clerk in counties
under township organization and to district clerk in counties not under
township organization, before he enters upon the duties of his office, and
within 10 days after he is notified of his election or appointment, shall
take and subscribe, before some judicial officer of the circuit court or
district or town clerk, the oath or affirmation of office prescribed by the
Constitution, which oath or affirmation shall, within 5 days thereafter, be
filed with the district or town clerk.
In counties under township organization no additional oath shall be
required of the town clerk to enable him to enter upon the discharge of the
duties of his office as ex-officio clerk for the highway commissioner.
If any person elected or appointed to either of the offices above named
neglects to take and subscribe such oath, and cause the same to be filed as
above required, such neglect shall be deemed a refusal to serve.
(Source: Laws 1967, p. 4041.)
|
(605 ILCS 5/6-119) (from Ch. 121, par. 6-119)
Sec. 6-119.
When the term of any highway commissioner or clerk shall
expire, and other persons shall be elected or appointed to such office, it
shall be the duty of such successor, immediately after he shall have
entered upon the duties of his office, to demand of his predecessor all the
books, papers, moneys and other property belonging to such office.
Whenever either of the officers above named shall resign, or the office
become vacant in any way, and another person shall be elected or appointed
in his stead, the person so elected or appointed shall make such demand of
his predecessor, or of any person having charge of such books, papers,
moneys or other property.
It shall be the duty of every person so going out of office, whenever
thereto required pursuant to the foregoing provisions, to deliver upon
oath, all the records, books, papers, moneys and other property in his
possession or in his control belonging to the office held by him; which
oath may be administered by the officer to whom such delivery shall be
made.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-120) (from Ch. 121, par. 6-120)
Sec. 6-120.
In counties under township organization the provisions of law
applicable to resignations from township offices and the filling of
vacancies therein, and the making of a temporary appointment in case a
township officer is incapacitated, shall apply to highway officers in
townships not consolidated into township road districts in the same manner
as to other township officers.
(Source: Laws 1967, p. 1726.)
|
(605 ILCS 5/6-121) (from Ch. 121, par. 6-121)
Sec. 6-121.
In counties not under township organization the following
provisions shall be applicable relating to vacancies in road district
offices:
Whenever any district fails to elect the proper number of district
officers to which such district may be entitled by law, or when any person
elected to any district office fails to qualify, or whenever any vacancy
happens in any district, from death, resignation, removal from the district
or other cause, the presiding officer of the county board, with the advice
and consent of the county board, shall fill such vacancy by certificate
under the signature and seal of the county clerk; and the
persons so appointed
shall hold their respective offices until the next regular election, and
until their successors are elected and qualified; and shall have the same
powers and be subject to the same duties and penalties as if they had been
duly elected by the electors.
When any appointment is made, as above stated, the county clerk shall
cause the certificate of appointment to be forthwith filed in the office of
the district clerk, who shall immediately give notice to each person
appointed.
Any judicial officer of the circuit court residing in such district, or
if there be no judicial officer of the circuit court residing in such
district, then any judicial officer of the circuit court in the county,
may, for sufficient cause shown to him, accept the resignation of any
district officer of his district, and whenever he accepts any such
resignation, he shall forthwith give notice thereof to the district clerk
of the district, or in his absence, to the highway commissioner, who shall
make a minute thereof in the district records. He shall also immediately
give notice to the county clerk of any vacancy that may exist in any
district office.
(Source: P.A. 84-550.)
|
(605 ILCS 5/6-122) (from Ch. 121, par. 6-122)
Sec. 6-122.
When the electors in any townships have voted for the consolidation
of such townships into a consolidated township road district for road purposes
the county clerk of such county shall conduct an election for
the selection of a highway commissioner of such township road district.
Such election shall be held at the next regular election for township
offices. Such election shall be held in accordance with
the provisions of the general election law.
The highway commissioner of such consolidated township road district so
elected and his successors in office shall have the powers and perform the
duties of highway commissioners in other road districts.
Any vacancy in such office at any time shall be filled for the balance
of the unexpired term by appointment by a majority of the members of the
highway board of auditors.
(Source: P.A. 81-1490.)
|
(605 ILCS 5/6-123) (from Ch. 121, par. 6-123)
Sec. 6-123.
When the electors in any townships have voted for the
consolidation of such townships into a consolidated township road district
for road purposes, the supervisors and township clerks in the respective
townships so consolidated shall, ex-officio, constitute a highway board of
auditors for such township road district. Such highway board of auditors
shall organize and select one of their number as chairman, another as clerk
and another as treasurer of the consolidated township road district. The
officers of each such newly organized consolidated township road district
so elected shall hold office until the first Tuesday in April, 1959 or
until the first Tuesday of each succeeding fourth year thereafter, and
their successors shall hold office for a term of 4 years and until their
respective successors are selected and qualified; except that no person
shall be a member of such highway board of auditors or such an officer of
such consolidated township road district after the expiration of his term
as supervisor or township clerk. Vacancies in such consolidated township
road district offices shall be filled by the highway board of auditors.
Such highway board of auditors shall have the same powers and duties with
respect to road matters as have the board of town auditors in townships and
such other powers and duties as may be prescribed by law.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-124) (from Ch. 121, par. 6-124)
Sec. 6-124.
Upon the election or selection and qualification of the first
highway commissioner, clerk and treasurer of a consolidated township road
district the highway commissioners of the respective townships so
consolidated shall deliver to such consolidated township district highway
commissioner all property and equipment of their respective districts
taking his receipt therefor and the several township treasurers shall
transfer and deliver to such consolidated township road district treasurer,
all funds of their respective districts which they may hold, taking his
receipt therefor. Any accounts or tax moneys for road purposes thereafter
payable to any township so consolidated shall be paid to the treasurer of
such consolidated township road district. Such consolidated township road
district shall succeed to and assume all obligations and contracts of each
of the townships consolidated into it other than bonded indebtedness.
With respect to bonded indebtedness for road purposes of any township so
consolidated the county clerk shall annually extend taxes against all of
the taxable property in such township so long as any of such road bonds are
outstanding, sufficient to pay the maturing principal and interest of such
bonds as the same become due, such tax to be in addition to all other taxes
for road purposes and without limitation as to rate or amount. The proceeds
of such tax when collected shall be used for payment of the principal and
interest on such bonds.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-125) (from Ch. 121, par. 6-125)
Sec. 6-125.
In any county under the commission form of government in which a county
unit road district is established, as of the first Tuesday in April after
the holding of such election, the county superintendent of highways shall
take over and be responsible, subject to the direction of the county board,
for the construction, maintenance and repair of all roads in such county
for which the several highway commissioners had theretofore been
responsible. Such construction, maintenance and repair shall be undertaken
uniformly throughout the county without granting any special consideration
toward any part or parts thereof except for traffic and safety needs.
After the establishment of a county unit road district, the roads for
which the county thereby becomes so responsible shall remain a part of the
district road system as defined by this Code and shall not be considered as
part of the county highway system as defined by this Code. However, any
such district road may thereafter be made a part of the county highway
system in the manner provided by this Code.
As of such date, the offices of highway commissioner, clerk and
treasurer in each road district in such county are abolished, except that
such officers may complete the affairs of their respective offices as
herein provided and as needed for the transition. Upon release by the
county superintendent such road districts shall have no further powers or
duties relating to the construction, repair, maintenance and supervision of
roads.
As of such date, the several highway commissioners shall deliver to the
county superintendent of highways all property and equipment of their
respective districts, taking his receipt therefor. Road district property
used exclusively for road maintenance and related purposes shall also be
delivered to the county superintendent, taking his receipt therefor. The
several district clerks shall deliver the books, records and papers
pertaining to such office to the county clerk, taking his receipt therefor.
The several district treasurers shall transfer and deliver to the county
treasurer all funds of their respective districts which they hold, taking
his receipt therefor. Any accounts or tax moneys thereafter payable to any
road district in such county shall be paid into a special county unit road
district fund which shall be maintained separate and apart from the general
county fund. The county treasurer shall be custodian of the county unit
road district fund and any performance bond executed by the county
treasurer shall be applicable to the moneys in the special fund. Receipts
for these transfers shall be filed with the county clerk.
The county unit road district so established shall succeed to and assume
all obligations and contracts of each of such road districts in such
county, other than bonded indebtedness. With respect to the bonded
indebtedness for road purposes of any former district in a county in which
a county unit road district is so established, the county clerk annually
shall extend taxes against all of the taxable property in the former road
district so long as any of such bonds are outstanding, sufficient to pay
the maturing principal and interest of such bonds as they become due, such
tax to be in addition to all other taxes for road purposes and without
limitation as to rate or amount. The proceeds of such tax, when collected,
shall be used for the payment of the principal and interest on such bonds.
All county unit road districts established under this Act shall be
independent county agencies administered by the respective county
superintendents of highways, under the general supervision of the county
board. The county unit road districts shall maintain separate books showing
receipts and expenditures, and shall issue such financial and other reports
as the county board may from time to time require.
(Source: P.A. 78-543.)
|
(605 ILCS 5/6-126) (from Ch. 121, par. 6-126)
Sec. 6-126.
The property and equipment delivered to the county
superintendent of highways in conjunction with the establishment of a
county unit road district shall be appraised and its fair value determined
by the county superintendent of highways and the highway commissioner of
the former district. Disputes as to the value of transferred property shall
be arbitrated by qualified appraisers approved by both the district highway
commissioner and the county superintendent of highways. Such property and
equipment may be retained and used by the county or may be disposed of and
sold, with the funds so derived deposited in the county unit district
account, as the county board may determine. In case a road district has
outstanding road bonds or road improvement bonds, an amount equal to the
appraised or sale value of such property and equipment, less the amount of
any indebtedness of the former district assumed by the county unit road
district, shall be set up to the credit of such road district by the county
treasurer from any funds available therefor and shall be used to pay the
principal and interest on such bonds, to the extent such credit may be
available, and the tax levied for the payment of the principal and interest
upon such road bonds or road improvement bonds shall be abated by the
amount so applied. In case the road district had no such bonds or road
improvement bonds outstanding, an amount equal to the appraised or sale
value of such property and equipment, less the amount of any indebtedness
of the former district assumed by the county unit road district, shall be
used for the maintenance, repair and improvement of roads in the particular
area that was included in such former district, as the funds become
available therefor but without sacrificing normal necessary roadwork in any
other area.
(Source: P.A. 76-174.)
|
(605 ILCS 5/6-127) (from Ch. 121, par. 6-127)
Sec. 6-127.
In any county in which a county unit road district is
established, the county unit district roads shall be constructed,
maintained and repaired by the county superintendent of highways, subject
to the direction of the county board; and with the respect to the laying
out, construction, repair and maintenance of such roads, the county
superintendent of highways shall have the powers and perform the duties of
the highway commissioners under the provisions of this Code.
The county unit road district shall be administered as a separate county
agency by the county superintendent of highways, but the presiding officer
of the county board, with the advice and consent of the county board, may
appoint a committee from its membership representative of the territory in
such county and delegate to such committee such authority as the county
board may deem proper. The county superintendent of highways may divide the
territory of the county into maintenance or operational units and may
employ the necessary personnel in each such unit.
(Source: P.A. 78-1128.)
|
(605 ILCS 5/6-129) (from Ch. 121, par. 6-129)
Sec. 6-129.
The county superintendent of highways shall prepare a separate
annual budget for the county unit road district and submit the budget to
the county board not later than the date provided by law for publication of
the annual county budget, except the first budget for a county unit road
district shall be submitted within 90 days after the take-over date. The
county board may approve or disapprove of the budget submitted by the
superintendent of highways, but the board shall specify in writing the
reasons for disapproval and shall recommend the necessary changes for the
road district budget. Within 90 days after the close of the county's fiscal
year, the county superintendent of highways shall make and file with the
county clerk a report of the funds available for county unit district roads
and bridges and the expenditures therefrom and a resume of the work done
upon county unit district roads during such year.
(Source: P.A. 76-174.)
|
(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
Sec. 6-130. Road district abolishment. Notwithstanding any other provision of this Code to the contrary,
no
township road district may continue in existence if the roads forming a
part of the district do not exceed a total of 4 centerline miles in length as determined by the county engineer or county superintendent of highways. On the
first Tuesday in April of 1975, or of any subsequent year next succeeding
the reduction of a township road system to a total mileage of 4 centerline miles or
less, each such township road district shall, by operation of law, be
abolished. The roads comprising that district at that time shall thereafter
be administered by the township board of trustees by contracting with the
county, a municipality or a private contractor. The township board of trustees
shall assume all taxing authority of a township road district abolished under
this Section.
(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18; 100-863, eff. 8-14-18.)
|
(605 ILCS 5/6-131)
Sec. 6-131.
Senior citizen transportation and mass transit programs;
district road fund. A road district may use money in its district road fund to
pay for all or part of the direct costs of senior citizen transportation
programs or
senior citizen mass transit programs, or both.
(Source: P.A. 90-183, eff. 1-1-98.)
|
(605 ILCS 5/6-132)
Sec. 6-132. Recycling; tree maintenance. (a) A road district may organize, administer, or participate in one or more recycling programs.
(b) Notwithstanding any provision of law to the contrary, a road district may deliver wood chips, mulch, and other products generated in the act of tree maintenance by the district to the residents of the district on a first come, first serve basis or other method of random selection. The road district shall provide adequate notice to the resident prior to the product being available and prior to the delivery of the product, which shall include the amount of the product being delivered. (Source: P.A. 100-54, eff. 8-11-17.) |
(605 ILCS 5/6-133) Sec. 6-133. Abolishing a road district in Cook County. By resolution, the board of trustees of any township located in Cook County, Illinois, may submit a proposition to abolish the road district of that township to the electors of that township
at a general election or consolidated election in accordance with the general election law. The
ballot shall be in substantially the following form: | |||||||||||||||||||
| |||||||||||||||||||
In the event that a majority of the electors voting on such proposition are in favor thereof, then
the road district shall be abolished by operation of law effective on January 1 of the calendar
year immediately following the calendar year in which the proposition was approved by the
electors or on the date the term of the highway commissioner in office at the time the proposition was approved by the electors expires, whichever is later. On that date, all the rights, powers, duties, assets, property, liabilities, obligations, and
responsibilities of the road district shall by operation of law vest in and be assumed by the
township. On that date, the township board of trustees shall assume all taxing authority of a road district abolished under this Section. On that date, any highway commissioner of the abolished road district shall cease to
hold office, such term having been terminated. Thereafter, the township shall exercise all duties
and responsibilities of the highway commissioner as provided in the Illinois Highway Code. The
township board of trustees may enter into a contract with the county, a municipality, or a private
contractor to administer the roads under its jurisdiction. For purposes
of distribution of revenue, the township shall assume the powers, duties, and obligations of the
road district.
(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18.) | |||||||||||||||||||
(605 ILCS 5/6-134) Sec. 6-134. Abolishing a road district. (a) By resolution, the board of trustees of any township located in a county with less than 3,000,000 inhabitants may submit a proposition to abolish the road district of that township to the electors of that township at a general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form: | |||||||||||||||||||
| |||||||||||||||||||
In the event that a majority of the electors voting on such proposition are in favor thereof, then the road district shall be abolished by operation of law effective 90 days after vote certification by the governing election authority or on the date the term of the highway commissioner in office at the time the proposition was approved by the electors expires, whichever is later. On that date, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township. On that date, the township board of trustees shall assume all taxing authority of a road district abolished under this Section. On that date, any highway commissioner of the abolished road district shall cease to hold office, such term having been terminated. Thereafter, the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads under its jurisdiction. The township board of trustees shall assume all taxing authority of a township road district abolished under this subsection. For purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. Distribution of revenue by the township to the treasurer of a municipality under Section 6-507 shall be only paid from moneys levied for road purposes pursuant to Division 5 of Article 6 of this Code.
(b) If a referendum passed under subsection (a) at the November 6, 2018 election and a road district has not been abolished as provided in subsection (a) by August 23, 2019 (the effective date of Public Act 101-519): (1) the township board shall have the sole | |||||||||||||||||||
| |||||||||||||||||||
(A) creating and approving the budget of the | |||||||||||||||||||
| |||||||||||||||||||
(B) levying taxes (the township board of trustees | |||||||||||||||||||
| |||||||||||||||||||
(C) entering into contracts for the road | |||||||||||||||||||
| |||||||||||||||||||
(D) employing and fixing the compensation of | |||||||||||||||||||
| |||||||||||||||||||
(E) setting and adopting rules concerning all | |||||||||||||||||||
| |||||||||||||||||||
(2) the road district or the highway commissioner | |||||||||||||||||||
| |||||||||||||||||||
(c) If a township has approved a consolidated road district after a referendum under Section 6-109 and the consolidation is not yet effective and if the township subsequently approves a referendum under this Section, then the consolidation under Section 6-109 is void and shall not occur. (Source: P.A. 101-519, eff. 8-23-19; 102-558, eff. 8-20-21.) | |||||||||||||||||||
(605 ILCS 5/6-135) Sec. 6-135. Abolishing a road district with less than 15 miles of roads. (a) Any township in a county with a population less than 3,000,000 may abolish a road district of that township if the roads of the road district are less than 15 miles in length, as determined by the county engineer or county superintendent of highways, by resolution of a majority of the board of trustees to submit a referendum to abolish the road district of that township. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form: | |||||||||||||||||||
| |||||||||||||||||||
(b) If a majority of the electors voting on the referendum under subsection (a) of this Section are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the referendum or on the date the term of the highway commissioner in office at the time the referendum was approved expires, whichever is later. On the date of abolition: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section; any highway commissioner of the abolished road district shall cease to hold office; the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.
If a township has approved a consolidated road district after a referendum under Section 6-109 and the consolidation is not yet effective and if the township subsequently approves a referendum under this Section, then the consolidation under Section 6-109 is void and shall not occur. (Source: P.A. 100-107, eff. 1-1-18; 101-519, eff. 8-23-19.) | |||||||||||||||||||
(605 ILCS 5/6-140) Sec. 6-140. Abolishing a road district within Lake County or McHenry County with less than 15 miles of roads. Any township in Lake County or McHenry County shall abolish a road district of that township if the roads of the road district are less than 15 centerline miles in length, as determined by the county engineer or county superintendent of highways. A road district is abolished on the expiration of the term of office of the highway commissioner of the road district facing abolition following the determination by the county engineer or county superintendent of highways of the length, in centerline mileage, of the roads within the road district to be abolished. On the date of abolition: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section and shall exercise all duties and responsibilities of the highway commissioner as provided in this Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.
(Source: P.A. 101-230, eff. 8-9-19.) |
(605 ILCS 5/Art. 6 Div. 2 heading) DIVISION 2.
FUNCTIONS AND
COMPENSATION OF DISTRICT OFFICIALS
|
(605 ILCS 5/6-201) (from Ch. 121, par. 6-201)
Sec. 6-201.
The highway commissioner of each road district shall
perform the functions stated in the following Sections preceding
Section 6-202.
(Source: P.A. 87-818.)
|
(605 ILCS 5/6-201.1) (from Ch. 121, par. 6-201.1)
Sec. 6-201.1.
Be present at the district clerk's office annually on or
before the last Tuesday in December of each year for the purpose of
determining the tax levy to be certified by him to the county board in
counties not under township organization, or by the township board of
trustees or highway board of trustees, as the case may be, to the county
clerk in counties having adopted township organization, as provided in this
Code. He shall also be present at such office at such time or times as he
shall designate and as the duties of his office may require for the
transaction of official business.
(Source: P.A. 87-738; 87-1189.)
|
(605 ILCS 5/6-201.2) (from Ch. 121, par. 6-201.2)
Sec. 6-201.2.
Lay out, alter, widen or vacate township or district roads as
provided in this Code.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.3) (from Ch. 121, par. 6-201.3)
Sec. 6-201.3.
Include and incorporate such roads or streets as have been
laid out and dedicated to public use or have been platted and dedicated to
public use into the township or district road system as provided in this
Code.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.4) (from Ch. 121, par. 6-201.4)
Sec. 6-201.4.
Cause such roads used as public highways, as have been laid
out or dedicated to public use, but not sufficiently described, and such as
have been used for 15 years but not recorded, to be ascertained, described
and entered of record in the office of the district clerk.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.5) (from Ch. 121, par. 6-201.5)
Sec. 6-201.5.
Determine the taxes
necessary to be levied on property within his district for road purposes,
subject to the limitations provided by law.
(Source: P.A. 86-1179.)
|
(605 ILCS 5/6-201.6) (from Ch. 121, par. 6-201.6)
Sec. 6-201.6.
Direct the expenditure of all moneys collected in the
district for road purposes, including those purposes allowed under Section
6-201.21 of this Code, and draw warrants on the district treasurer
therefor, provided such warrants are countersigned by the district clerk.
(Source: P.A. 93-109, eff. 7-8-03; 93-610, eff. 11-18-03.)
|
(605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
Sec. 6-201.7. Construct, maintain and repair and be responsible for
the construction, maintenance and repair of roads within the district,
let contracts, employ labor and purchase material and machinery
therefor, subject to the limitations provided in this Code.
Contracts,
labor, machinery, disposal, and incidental expenses related to special services
under Section 6-201.21 of this Code constitute maintenance, for purposes of
this Section.
Except for professional services, when the cost of construction,
materials, supplies, new machinery or equipment exceeds $30,000, the
contract for such construction, materials, supplies, machinery or
equipment shall be let to
the lowest responsible bidder after advertising for bids at least once,
and at least 10 days prior to the time set for the opening of such bids, in a
newspaper
published within the township or road district, or, if no newspaper is
published within the township or road district then in one published
within the county, or, if no newspaper is published within the county
then in a newspaper having general circulation within the township or
road district, but, in case of an emergency, such contract may be let
without advertising for bids. For purposes of this
Section "new machinery or equipment" shall be defined as that which has
been previously untitled or that which shows fewer than 200 hours on its
operating clock and that is accompanied by a new equipment manufacturer's
warranty.
(Source: P.A. 103-125, eff. 6-30-23.)
|
(605 ILCS 5/6-201.8) (from Ch. 121, par. 6-201.8)
Sec. 6-201.8.
Have general charge of the roads of his district, keep the
same in repair and to improve them so far as practicable and cooperate and
assist in the construction or improvement of such roads with labor
furnished, in whole or in part, by the Department of Human Services (acting
as successor to the State Department of Public Aid under the Department of
Human Services Act) or
other public assistance authorities; except that a highway commissioner may not permanently post at a reduced weight limit any road or portion thereof unless the decision to do so is made in accordance with Section 6-201.22 of this Code.
(Source: P.A. 99-237, eff. 1-1-16.)
|
(605 ILCS 5/6-201.9) (from Ch. 121, par. 6-201.9)
Sec. 6-201.9.
Take possession of and keep under shelter, when not in use
all machinery, equipment and other property belonging to the district
wherever the same may be found and not allow the same to go to waste.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.10) (from Ch. 121, par. 6-201.10)
Sec. 6-201.10.
Have authority to make agreements with the highway
commissioner of any other road district or with the corporate authorities
of any municipality located in the same county or in an adjoining county or
with the county board of the county in which such road district is located
or of any adjoining county, for the lease or exchange of idle machinery,
equipment or tools belonging to the district, upon such terms and
conditions as may be mutually agreed upon.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.10-1) (from Ch. 121, par. 6-201.10-1)
Sec. 6-201.10-1. The highway commissioner of each road district has authority
to contract with the highway commissioner of any other road district or
with the corporate authorities of any municipality or county to furnish
or to obtain services and materials related to construction, maintenance,
or repair of roads. The highway commissioner may contract with a common interest community association, as defined by the Common Interest Community Association Act, if such association makes up 50% of the population or greater of the township or road district in which the association is located, to furnish materials related to the maintenance or repair of roads.
(Source: P.A. 103-486, eff. 1-1-24.)
|
(605 ILCS 5/6-201.11) (from Ch. 121, par. 6-201.11)
Sec. 6-201.11.
Cause to be erected and kept in repair at intersections of
the most important public roads, guide and direction signs and any other
signs authorized by this Code or by the Illinois Vehicle Code.
In unincorporated territory located within counties with a population of
more than 3,000,000 inhabitants, the homeowners association of a subdivision
with at least 100 permanent dwellings may cause to be erected and kept in
repair guide and direction or street signs at intersections within the
subdivision. These signs shall be at least 7 feet above the curb and may be on
wooden posts with wooden boards. The homeowners association shall be
responsible for maintenance and replacement of the signs. Signs shall be
located so as not to interfere with pedestrian or vehicular traffic.
(Source: P.A. 88-661, eff. 9-16-94.)
|
(605 ILCS 5/6-201.12) (from Ch. 121, par. 6-201.12)
Sec. 6-201.12.
Provide for the lighting of any public road or portion
thereof in his district when in his opinion it is necessary for the
convenience or safety of the public.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.13) (from Ch. 121, par. 6-201.13)
Sec. 6-201.13.
Furnish to the county superintendent of highways within 30
days after issuing warrants a list of such warrants showing where money is
spent, for what purpose, and the amount expended.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-201.14) (from Ch. 121, par. 6-201.14)
Sec. 6-201.14.
Have authority to build curbs, sidewalks,
alleys, and bike paths in unincorporated
communities out of any funds belonging to the road
district in which such community is located.
(Source: P.A. 93-321, eff. 7-23-03.)
|
(605 ILCS 5/6-201.15) (from Ch. 121, par. 6-201.15)
Sec. 6-201.15.
Annually make a report in writing, showing the following:
(1) The amount of road money received by the district | ||
| ||
(2) The amount of liabilities incurred and not paid | ||
| ||
(3) An inventory of all tools having a present value | ||
| ||
(4) Any additional matter concerning the roads of the | ||
| ||
In counties under township organization, the reports in districts
composed of a single township shall be made to the board of town trustees
within 30 days before the annual town meeting. In consolidated township road
districts in counties under township organization and in road districts in
counties not under township organization, the report shall be made not later
than the last Tuesday in March to the district clerk, who shall file the report
in his or her office and record the report at large in the records of the
district.
(Source: P.A. 87-1208.)
|
(605 ILCS 5/6-201.16) (from Ch. 121, par. 6-201.16)
Sec. 6-201.16.
Subject to the written approval of the County Superintendent
of Highways to place, erect, and maintain on township or road district
roads, traffic-control devices and signs authorized by this Code or by
"The Illinois Vehicle Code", approved September 29, 1969, as amended.
(Source: P.A. 83-333.)
|
(605 ILCS 5/6-201.17) (from Ch. 121, par. 6-201.17)
Sec. 6-201.17.
Have authority to purchase or lease or to finance the
purchase of highway
construction and maintenance equipment under contracts providing for
payment in installments over a period of time of not more than 10 years
with interest on the unpaid balance owing not to exceed 9%.
The purchases or contracts are subject to the bid provisions of Section
6-201.7 of this Code. In single township road districts, sale of road
district property including, but not limited to, machinery and equipment
shall be subject to elector approval as provided in Section 30-50
of the
Township Code. A trade in of old machinery or equipment on
new or
different machinery or equipment shall not be construed as the sale of road
district property.
(Source: P.A. 88-670, eff. 12-2-94; 89-331, eff. 8-17-95.)
|
(605 ILCS 5/6-201.18) (from Ch. 121, par. 6-201.18)
Sec. 6-201.18.
Have authority to contract with persons growing row crops
on land adjacent to township or district roads to buy standing strips of
such crops to remain in place to act as snow breaks along such roads in
those places where experience shows that drifting snow has been an obstruction
to traffic. The contract price to be paid by the highway commissioner in
any such case shall be the higher of the market price in the local
area of such crop at the time of contracting
or the current Commodity Credit Corporation target price. An additional
sum of money equal to 10% of the contract price may be paid to the grower
as an inconvenience fee.
(Source: P.A. 84-1272.)
|
(605 ILCS 5/6-201.19) (from Ch. 121, par. 6-201.19)
Sec. 6-201.19.
Have authority to hire legal counsel to perform legal
functions for road districts where performance of such functions by the
public official who would otherwise represent the highway commissioner would
present a direct or potential conflict of interest.
(Source: P.A. 84-778.)
|
(605 ILCS 5/6-201.20) (from Ch. 121, par. 6-201.20)
Sec. 6-201.20.
Every highway commissioner with 5 or more employees in a
county under township organization shall set and adopt rules concerning all
benefits available to employees of that office. The rules shall include,
without limitation, the following benefits to the extent they are
applicable: insurance coverage, compensation, overtime pay, compensatory
time off, holidays, vacations, sick leave, and maternity leave. The rules
shall be adopted and filed with the township clerk (i) within 6 months
after the effective date of this amendatory Act of 1991 (in the case of
highway commissioners holding office on that effective date) or (ii) within
4 months after the highway commissioner takes office (in the case of
highway commissioners elected after the effective date of this amendatory
Act of 1991). The highway commissioner of a consolidated township road
district shall file the rules with the clerk of each township contained
within the consolidated district. Amendments to the rules shall be filed
with the appropriate township clerk on or before their effective date.
(Source: P.A. 87-818.)
|
(605 ILCS 5/6-201.21)
Sec. 6-201.21. Special services; disaster relief. The highway commissioner has authority to provide
for orderly collection, transport, and disposal of brush and leaves that have been properly
placed for collection along the road district rights-of-way in accordance with
local guidelines. The highway commissioner may use funds authorized under Section 30-117 of the Township Code to provide for the collection, transport, and disposal of brush and leaves. Subject to Section 30-117 of the Township Code, the highway commissioner has authority to
provide necessary relief services following the occurrence of an event that has
been declared a disaster by State or local officials. The highway commissioner
has purchasing authority, subject to Section 6-201.6, and contractual authority
as defined in
Section 6-201.7 of this Code.
(Source: P.A. 97-417, eff. 1-1-12.)
|
(605 ILCS 5/6-201.22) Sec. 6-201.22. Road weight restriction; notice and hearing. Whenever the highway commissioner wishes to permanently post a road at a reduced weight limit, he or she shall fix a time and place to examine the route of the township or district road, and hear reasons for or against permanently posting a road at a reduced weight limit. The highway commissioner shall give written notice at least 10 days prior to the time of examination and hearing to the county superintendent of highways. He or she shall also provide notice by publication in at least one newspaper published in the township or district. In the absence of a newspaper published in the township or district, notice by publication shall be provided in at least one newspaper of general circulation in the township or district. In the absence of a generally circulated newspaper in the township or district, notice by publication shall be made by posting notices in 5 of the most public places in the district in the vicinity of the road to be permanently posted at a reduced weight limit. The highway commissioner may, by written notice to the county superintendent of highways, by public announcement, and by posting notice at the time and place named for the first hearing, adjourn a hearing from time to time, but not for a longer period than 10 days. At the hearing, or the adjourned hearing, the commissioner shall decide and publicly announce whether he or she will permanently post a road at a reduced weight limit. The highway commissioner shall issue a signed memorandum explaining the decision to permanently post a road at a reduced weight limit, and address any concerns raised at the public hearing. The signed memorandum shall be filed within 5 days after the hearing in the office of the district clerk. The highway commissioner shall also send a copy of the signed memorandum to the county superintendent of highways. The county superintendent of highways may approve the decision of the highway commissioner by signing the memorandum and filing it in the office of the district clerk. Upon the approval of the decision by the county superintendent of highways and filing of the memorandum with the office of the district clerk, the road may be posted at a reduced weight limit by the highway commissioner.
(Source: P.A. 99-237, eff. 1-1-16.) |
(605 ILCS 5/6-202) (from Ch. 121, par. 6-202)
Sec. 6-202.
The district clerk of each road district shall perform the
functions stated in Sections 6-202.1 to 6-202.6.
(Source: P.A. 83-791.)
|
(605 ILCS 5/6-202.1) (from Ch. 121, par. 6-202.1)
Sec. 6-202.1.
Have the custody of all records, books, and papers of the
road district, and he shall duly file all certificates or oaths and other
papers required by law to be filed in his office. He is authorized to
administer oaths and take affidavits in all cases required by law to be
administered by district officers.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-202.2) (from Ch. 121, par. 6-202.2)
Sec. 6-202.2.
Record in the book of records of his district, all orders and
directions of the highway commissioner required by law to be kept, and as
hereinafter provided for. All records and books required by law to be kept
by such clerk shall be deemed public records and shall at all times be open
to inspection without fee or reward. The clerk shall also meet with the
highway commissioner whenever requested at any reasonable time to do so by
the latter official. Copies of all papers duly filed in the office of the
district clerk and transcripts from the district records certified to by
him shall be evidence in all courts in like effect as if the originals were
produced.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-202.3) (from Ch. 121, par. 6-202.3)
Sec. 6-202.3.
Countersign and keep a complete record of all warrants issued
by the highway commissioner.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-202.4) (from Ch. 121, par. 6-202.4)
Sec. 6-202.4.
From time to time as may be necessary, procure the proper
books and stationery for his office and the cost thereof shall be paid out
of the district treasury.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-202.5) (from Ch. 121, par. 6-202.5)
Sec. 6-202.5.
Report to the county superintendent of highways in writing
all road district elections which may directly or indirectly affect the
superintendent of highways; mail or deliver to the superintendent of highways
such petitions as have been carried by any election
relative to all construction or to the appointment, removal or election
of road district officials.
(Source: P.A. 81-1490.)
|
(605 ILCS 5/6-202.6) (from Ch. 121, par. 6-202.6)
Sec. 6-202.6.
Be responsible for placing the advertisement of bids and
to be present when bids are opened.
(Source: P.A. 83-791.)
|
(605 ILCS 5/6-203) (from Ch. 121, par. 6-203)
Sec. 6-203.
Except as provided in Section 6-301, nothing in this Code
shall be construed as vesting in highway commissioners any power or
jurisdiction over the streets and alleys in municipalities.
(Source: P.A. 86-1229.)
|
(605 ILCS 5/6-204) (from Ch. 121, par. 6-204)
Sec. 6-204.
If any highway commissioner wilfully refuses to perform any of
the duties enjoined upon him by this Code, he shall forfeit not less than
$10 nor more than $50, and may be proceeded against in the name of the
district for the recovery of such forfeiture before any court of the proper
county having jurisdiction.
In addition, wilful failure to include in the annual report the
determined or estimated amount of all liabilities incurred and not paid and
to whom owed, as required by Section 6-201.15 of this Act, is a
misdemeanor, on conviction whereof the highway commissioner shall be fined
in the amount of the reportable liabilities excluded from the report.
(Source: Laws 1963, p. 3031.)
|
(605 ILCS 5/6-205) (from Ch. 121, par. 6-205)
Sec. 6-205. The district treasurer shall receive and have charge of
all moneys raised in the district for the support and maintenance of
roads therein, and for road damages except such portions of the moneys
which by Section 6-507 are directed to be paid to the municipalities.
He shall hold such moneys at all times subject to the order of the
highway commissioner and shall pay them over upon the order of the
commissioner, such order to be countersigned by the town or district
clerk. In counties under township organization such moneys, other than Social
Security taxes required by the Social Security Enabling Act, shall not be
paid over until the board of town trustees or highway board of auditors,
as the case may be, has examined and audited the claims or charges for
which such order is drawn. He shall keep an account in a book provided by the
commissioner of all moneys received, and all moneys paid out, showing in
detail to whom and on what account the same is so paid.
The treasurer shall also present annually, within 30 days after the
end of the fiscal year of the district, to the highway commissioner an
itemized statement of receipts and disbursements of the district during
the fiscal year just ended, which shall be sworn to.
(Source: P.A. 94-59, eff. 6-17-05.)
|
(605 ILCS 5/6-206) (from Ch. 121, par. 6-206)
Sec. 6-206.
In counties under township organization, the board of town
trustees of the various townships shall, from time to time, when requested
by the supervisor of their respective townships designate one or more banks
or savings and loan associations in which the road funds of the road district in the
custody of the district treasurer may be kept, except that in consolidated
township road districts such depository shall be designated by the highway
board of trustees upon request of the treasurer of the respective
consolidated township road district.
In counties not under township organization the county board shall, from
time to time, when requested by the treasurer of any road district,
designate one or more banks or savings and loan associations in which the road funds of
the various road districts in such county may be kept.
When a bank or savings and loan association has been designated as a depository
it shall continue as
such until 10 days have elapsed after the new depository is designated and
has qualified by furnishing the statements of resources and liabilities as
is required in this Section. When a new depository is designated the board
of town trustees, highway board of trustees
or county board, as the case
may be, shall notify the sureties of the district treasurer of that fact,
in writing, at least 5 days before the transfer of fund. The district
treasurer shall be discharged from responsibility for all moneys of the
road fund which he deposits in a depository so designated while such moneys
are so deposited.
No bank or savings and loan association shall receive public funds as permitted
by this Section, unless it has complied with the requirements established
pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
|
(605 ILCS 5/6-207) (from Ch. 121, par. 6-207)
Sec. 6-207.
Compensation of highway commissioner and other officers.
(a) Unless an annual salary is fixed as provided in this Section, the
highway commissioner shall receive for each day he or she is necessarily
employed in the discharge of official duties a per diem to be fixed by the
county board in road districts in counties not under township organization, by
the highway board of trustees in consolidated township road districts, and by
the board of town trustees in districts composed of a single township. Before
any per diem is paid, a sworn statement shall be filed by the commissioner in
the office of the district clerk, showing the number of days the commissioner
was employed, the kind of employment, and the dates of employment.
The boards specified in the preceding paragraph may, instead of a per diem,
fix an annual salary for the highway commissioner at not less than $3,000, to
be paid in equal monthly installments. The boards shall fix the compensation
of the commissioner, whether an annual salary or a per diem, on or before the
last Tuesday in March before the date of election of the commissioner.
If the term of any highway commissioner is extended by operation of law,
the board that fixes the commissioner's rate of compensation may increase the
rate of the compensation, within the limits provided in this Section, in
relation to that portion of the commissioner's term that extends beyond the
period for which he or she was elected.
The board of town trustees shall order payment of the amount of per diem
claimed in the highway commissioner's sworn statement at the first regular
meeting following the filing of the statement. In consolidated township road
districts, the compensation and the expenses of the offices of the highway
commissioner, district clerk, and district treasurer shall be audited by the
highway board of trustees.
The compensation of the highway commissioner shall be paid from the
general township fund in districts comprised of a single township and shall
be paid from the regular road fund in all other districts having highway
commissioners; however, in districts comprised of a single township, a portion
(not exceeding 50%) of the highway
commissioner's salary may be paid from the corporate road and bridge fund or
the permanent road fund if approved by the township board and the highway
commissioner.
(b) The officers composing the highway board of trustees in consolidated
township road districts shall be entitled to $3 per day for attending
meetings of the board, to be paid out of the town fund of their respective
townships. In consolidated township road districts, the compensation of
the district clerk and the district treasurer shall be paid out of the road
fund of the district.
(c) The district clerk shall receive:
(1) for each day he or she is necessarily employed in | ||
| ||
(2) $4 per day for each day he or she shall be | ||
| ||
(A) For serving notice of election or appointment | ||
| ||
(B) For posting up notices required by law, 25 | ||
| ||
(C) For copying any record in the district | ||
| ||
(d) Except as otherwise provided in this Code, the district treasurer shall,
in addition to any other compensation to which he or she is by law entitled,
receive an annual salary of not less than $100 nor more than $1,000 per
year to be fixed by the highway board of trustees in
consolidated township road districts and by the board of town trustees in
districts composed of a single township.
Except as otherwise provided in this Code, the district treasurer
shall, in addition to any other compensation to which he or she is by law
entitled, receive an annual salary deemed appropriate and to be fixed by the
county board in road districts in counties not under township organization.
The compensation of the district treasurer shall be paid from the
general township fund in districts composed of a single township and shall
be paid from the regular road fund in all other districts having district
treasurers.
(Source: P.A. 89-662, eff. 8-14-96; 90-81, eff. 1-1-98; 90-183, eff. 1-1-98;
90-655, eff. 7-30-98.)
|
(605 ILCS 5/Art. 6 Div. 3 heading) DIVISION 3.
LAYING OUT, WIDENING, ALTERING OR VACATING TOWNSHIP AND
DISTRICT ROADS
|
(605 ILCS 5/6-301) (from Ch. 121, par. 6-301)
Sec. 6-301.
All township and district roads established under this Division
of this Code shall be not less than 40 feet in width, except as provided in
Section 6-327.
Highway commissioners in single township road districts may annually
determine that certain roads in the district are vital to the general
benefit of the district and designate them all or in part as arterial
district roads. The designation must be approved by the county
superintendent of highways, after notice and hearing, prior to the
commissioners' recording the roads with the county superintendent of
highways. No road or portion thereof designated as arterial shall be
closed or vacated without written approval of the county despite the road's
inclusion in any annexation or incorporation proceedings provided for in
the Illinois Municipal Code. This paragraph does not apply to roads in
home rule units of government nor the roads included in our annexation
proceeding by home rule units of governments.
This Division of this Code shall not apply to proceedings for laying
out, widening, altering or vacating streets in municipalities, except as
provided in this Section.
(Source: P.A. 86-1229.)
|
(605 ILCS 5/6-302) (from Ch. 121, par. 6-302)
Sec. 6-302.
The highway commissioner of any road district may in his
discretion reduce the width of any existing township or district road to a
width of 40 feet, if the reduction is petitioned for by a majority of the
landowners along the line of such road within the district. When possible
the land vacated by reducing the width of the road shall be taken equally
from each side of the road. In cases of natural obstruction on one side of
the road or where the road extends along the right-of-way of any railroad,
river or canal, the commissioner is authorized to reduce the width of road
on one side only.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-303) (from Ch. 121, par. 6-303)
Sec. 6-303.
Existing township and district roads may be widened, altered or
vacated, and new township and district roads may be laid out in the
manner provided in this Division of this Code. Any number of voters not
less than 5% of the legal voters, or 12 legal voters, whichever is less,
residing in any road district may file a petition with the highway
commissioner of such district, praying for the laying out, widening,
altering or vacation of such roads.
Notwithstanding the preceding sentence, in counties with a population
between 125,000 and 130,000, a petition for laying out,
widening, altering, or vacating roads in a subdivision established under a
county subdivision ordinance, where the final plat of the subdivision was
approved by the county board, shall be filed with the county board unless
the plat was filed with the county recorder at least 15 years before the
petition is filed.
However, where the laying out, widening, altering or vacating of a
township or district road is required by the construction, operation, or
maintenance of a State highway, the Department, in lieu of a petition
may file a certificate, signed by the Secretary of the Department, or his
duly authorized agent, setting forth the necessity for the laying out,
widening, altering or vacating of such roads. The procedure upon the
filing of such certificate shall be the same as, and conform to, the
procedure followed upon the filing of a petition. Such petition or
certificate shall set forth a description of the road and what part is
to be widened, altered or vacated, and if for a new road the names of
the owners of lands, if known, and if not known it shall so state, over
which the road is to pass, the points at or near which it is to
terminate. When the general course of relocated roads shall render the
same practicable, such relocated roads shall be laid out on section
lines, or regular divisional lines subdividing a section or sections.
The highway commissioner, in lieu of a petition, may file a
certificate with district clerk and county clerk to vacate roads. The
procedure upon filing of such certificate shall be the same as, and
conform to, the procedure followed upon the filing of a petition.
(Source: P.A. 87-1121.)
|
(605 ILCS 5/6-304) (from Ch. 121, par. 6-304)
Sec. 6-304.
In case the Department widens or alters an existing road,
or lays out a new road in any road district in connection with the
construction of a State highway, or in connection with the construction
of federal aid roads or such roads as are constructed with the aid of
federal grants, loans, or allotments, as provided by law, and requires
right-of-way for such purposes, the road district, acting through its
highway commissioner, is authorized to take whatever steps may be
necessary to enable such road district to aid the Department in the
construction of State highways, or in connection with the construction
of federal aid roads or such roads as are constructed with the aid of
federal grants, loans or allotments, and the highway commissioner is
authorized to pay for such rights-of-way from any available district
road funds, and is authorized to issue warrants and levy a tax, or to issue
bonds pursuant to referendum for the payment
of such right-of-way, as
is provided in Sections 6-503, 6-507, 6-509 and 6-510 of this Code.
(Source: P.A. 81-1489.)
|
(605 ILCS 5/6-305) (from Ch. 121, par. 6-305)
Sec. 6-305.
Whenever the highway commissioner receives a certificate
from the Department as provided in Section 6-303 of this Act, or a petition praying
for the laying out, widening, altering or vacation of a township or
district road, he shall fix a time when and a place where he will examine
the route of such township or district road and hear reasons for or against
the laying out, widening, altering or vacating. He shall give at least 10
days' written notice of the time and place of such examination and hearing
to the county superintendent of highways and to any municipality which is
affected by such action occurring within its planning area, and by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting notices in 5 of the most
public places in the district in the vicinity of the road to be laid out,
widened, altered or vacated. The commissioner may, by written notice to the
county superintendent of highways and any affected municipality, and by
public announcement and by the posting of a notice at the time and place
named for the first hearing, adjourn such hearing from time to time, but
not for a longer period than 10 days. At such meeting, or such adjourned
meeting the commissioner shall decide and publicly announce whether he will
grant or refuse the prayer of the petition, and shall endorse upon or annex
to the petition a brief memorandum of such decision. The memorandum shall
be signed by the commissioner and filed within 5 days thereafter in the
office of the district clerk. The commissioner shall also send a copy of
the memorandum to the county superintendent of highways and any affected
municipality, and, in cases where action is initiated as the result of a
Department certificate, a copy of the memorandum to the Department.
No road shall be laid out, widened, altered or vacated unless the
highway commissioner finds that such alteration or vacation is in the
public and economic interest and further finds that any person residing or
owning land within 2 miles of any portion of the road proposed to be
altered or vacated shall still have reasonable access (but not necessarily
a direct route) by way of a motor vehicle or other portable farm machinery
commonly used in the area to farm land he owns or operates and to community
and trade centers after the road is altered or vacated. Such findings shall
be contained in the memorandum of decision signed by the highway
commissioner.
A final hearing may be held at the time of the preliminary or adjourned
meeting if all damages have been released, all surveys and plats are made
and there are no objectors. If there are objectors, the final hearing shall
be held as provided for in Section 6-311.
(Source: P.A. 85-1421.)
|
(605 ILCS 5/6-306) (from Ch. 121, par. 6-306)
Sec. 6-306.
In case the highway commissioner denies the prayer of the
petition for the laying out, widening, altering or vacation of a township
or district road, any 3 of the petitioners may appeal from such decision to
the county superintendent of highways by joining in a notice of such appeal
and filing the same in the office of the district clerk within 10 days
after the date of the decision appealed from. The clerk shall thereupon
transmit the original petition for the laying out, widening, altering or
vacation of such township or district road, together with the notice of
appeal to the county superintendent of highways. Upon receipt thereof the
county superintendent of highways shall thereupon fix a time and place for
a public hearing thereof, giving notice thereof and conducting the hearing
and rendering his decision thereon in the manner prescribed by Section 6-311 of
this Act in the case of the hearing upon such petition by the county
superintendent of highways. Upon rendering his decision, the county
superintendent of highways shall likewise endorse on such petition a
memorandum of his decision, which (if the decision approved the change
requested in the petition) shall include his findings that such alteration
or vacation of the township or district road will be in the public and
economic interest and will not deprive residents or owners of proximate
land of reasonable access elsewhere as specified in Section 6-305 of this
Act; and shall file the same in the office of the district clerk.
Such decision of the highway commissioner or, upon appeal of such order,
of the county superintendent of highways shall be regarded as a preliminary
decision upon the advisability of the proposal in the petition and shall be
subject to revocation in the manner hereinafter provided, except that such
decision of the county superintendent of highways affirming the denial of
the petition shall be regarded as a final decision.
(Source: Laws 1963, p. 3216.)
|
(605 ILCS 5/6-307) (from Ch. 121, par. 6-307)
Sec. 6-307.
If the highway commissioner, or upon appeal from his decision,
the county superintendent of highways, shall enter a preliminary order for
the laying out, widening, alteration or vacation of a township or district
road, the highway commissioner or county superintendent of highways, as the
case may be, shall cause a survey and plat of such township or district
road to be made by a competent surveyor who shall report such survey and
plat to the highway commissioner or county superintendent, as the case may
be, giving the courses and distances and specifying the land over which
such road is to pass; in which he may make such changes between the termini
of the road described in the petition, as the convenience and interest of
the public in his judgment may require. Upon the petition of 12 land owners
residing in the district where the road is situated, it shall be the duty
of the highway commissioner or county superintendent, as the case may be,
within a reasonable time to employ a competent surveyor and have any road
designated in such petition to be once resurveyed.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-308) (from Ch. 121, par. 6-308)
Sec. 6-308.
Whenever the highway commissioner of any road district or upon
appeal from his decision, the county superintendent of highways has entered
a preliminary order for the laying out, widening, alteration or vacation of
a township or district road, and a survey therefor has been completed as
hereinbefore provided, proceedings shall next be taken to fix the damages
which will be sustained by the adjoining land owners by reason of such
laying out, widening, altering or vacation. In case such preliminary order
was entered by the highway commissioner, he shall act for the district in
all matters relating to the fixing of damages, as well as the surveying of
such road. But in case such order was entered by the county superintendent
of highways on appeal, as aforesaid, the county superintendent shall
represent the district in such matters.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-309) (from Ch. 121, par. 6-309)
Sec. 6-309. The damages sustained by the owner or owners of land by reason
of the laying out, widening, alteration or vacation of a township or
district road, may be agreed upon by the owners of such lands, if competent
to contract, and the highway commissioner or county superintendent, as the
case may be. Such damages may also be released by such owners, and in such
case the agreement or release shall be in writing, the same shall be filed
and recorded with the copy of the order laying out, widening, altering or
vacating such road in the office of the district clerk, and shall be a
perpetual bar against such owners, their grantees and assigns for all
further claims for such damages.
In case the highway commissioner or the county superintendent, as the
case may be, acting for the road district, is unable to agree with the
owner or owners of the land necessary for the laying out, widening or
alteration of such road on the compensation to be paid, the highway
commissioner, or the county superintendent of highways, as the case may be,
may in the name of the road district, enter condemnation proceedings to
procure such land, in the same manner as near as may be, as provided for
the exercise of the right of eminent domain under
the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(605 ILCS 5/6-310) (from Ch. 121, par. 6-310)
Sec. 6-310.
Any person or persons interested in the establishment,
widening, alteration or vacation of any township or district road is or are
authorized to offer inducements to the highway commissioner or county
superintendent of highways, as the case may be, for the establishment,
widening, alteration or vacation of any such township or district road, by
entering into contract with the commissioner or county superintendent,
conditioned upon such establishment, widening, alteration or vacation, to
pay money or other valuable thing to the district for the benefit of the
road funds of the same; or to perform any labor, or construct any road,
bridge or culvert on any road which such person or persons desires or
desire to be established, widened or altered. Any such contracts in writing
made with the highway commissioner or county superintendent shall be deemed
good and valid in law and may be enforced by such commissioner or
superintendent, or his successor in office, before the circuit court.
(Source: P.A. 79-1366.)
|
(605 ILCS 5/6-311) (from Ch. 121, par. 6-311)
Sec. 6-311.
Within 20 days after the damages likely to be sustained by
reason of the proposed laying out, widening, alteration or vacation of any
township or district road have been finally ascertained, either by
agreement of the parties or by condemnation proceedings, or within 20 days
after such damages may have been released, the highway commissioner or the
county superintendent of highways, as the case may be, shall hold a public
hearing at which he shall hear and consider reasons for or against the
proposed laying out, widening, alteration or vacation of such road, and at
which time and place he shall publicly announce his final decision relative
thereto. The highway commissioner or the county superintendent of highways,
as the case may be, shall give public notice of such public hearing by
publication in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper at the time prescribed for notice, by
posting notices thereof in at least 5 of the most public places in the
district in the vicinity of the road for at least 5 days prior thereto.
A written notice shall be mailed or delivered to all owners of the property
adjacent to the road which is the subject of the hearing. A written notice may
be mailed or delivered to every person known to have been present at the
hearings conducted pursuant to Sections 6-305 and 6-306 of this Act and
to every other person who has requested such notice.
At such time and place the highway commissioner, if he is the official
conducting the hearing, shall determine the advisability of such proposed
laying out, widening, alteration or vacation of such road, shall make an
order for the same and shall within 5 days thereafter file such order in
the office of the district clerk.
At such time and place the county superintendent of highways, if he is
the official conducting the hearing, shall:
(a) Be empowered to administer oaths;
(b) Permit the appearance in person or by counsel, | ||
| ||
(c) Provide that every person offering testimony | ||
| ||
(d) Secure and retain a stenographic transcript of | ||
| ||
(e) Determine the advisability of such proposed | ||
| ||
Every order entered and filed pursuant to this Section in approval of
the change requested in the petition shall contain an express finding that
such alteration or vacation of the township or district road will be in the
public and economic interest and will not deprive residents or owners of
proximate land of reasonable access elsewhere as specified in Section 6-305 of
this Act.
(Source: P.A. 99-237, eff. 1-1-16.)
|
(605 ILCS 5/6-312) (from Ch. 121, par. 6-312)
Sec. 6-312.
In case such final order was entered by the highway
commissioner as provided in Section 6-311 of this Code finally determining
the advisability of such proposed laying out, widening, alteration or
vacation of any township or district road, any 3 qualified petitioners who
may have signed the petition for such proposed laying out, widening,
alteration or vacation, or any 3 legal voters residing within 2 miles of
any portion of such road, or any 3 other persons owning land in the road district or owning land within 2 miles of any portion of such road, may (if either they are
qualified petitioners or they both have raised objections at the hearing
pursuant to Section 6-311 of this Act and will be directly and adversely
affected by such proposed laying out, widening, alteration or vacation)
appeal to the county superintendent of highways by filing a notice of such
appeal in the office of the district clerk within 10 days of the date of
filing the decision appealed from. Thereupon such clerk shall at once
transmit all papers relating to such proposed laying out, widening,
altering or vacation of such road to the county superintendent of highways,
who shall within 20 days after the receipt of the same, hold a public
hearing within such district to finally determine upon the laying out,
widening, altering or vacation of such road. Such hearing shall be upon
such notice and conducted in like manner as the hearing before the highway
commissioner relative to such final decision and from which appeal has been
taken, except that the powers and duties of the county superintendent of
highways in conducting such hearing and in determining and filing his final
order shall be identical to the powers and duties of such superintendent
prescribed by Section 6-311 of this Act. Judicial review may be pursued
after such final order of the county superintendent of highways relative to
the alteration or vacation of such roads in the manner provided in Section
6-315a of this Division.
(Source: P.A. 99-237, eff. 1-1-16.)
|
(605 ILCS 5/6-313) (from Ch. 121, par. 6-313)
Sec. 6-313.
In case the highway commissioner, or upon appeal from his
decision, the county superintendent of highways, shall finally determine
against the advisability of the proposed laying out, widening, alteration
or vacation of such township or district road, such order shall have the
effect to annul and revoke all proceedings and assessments, releases and
agreements in respect to damages growing out of the proceedings upon the
petition aforesaid. In case the commissioner or county superintendent
affirms such prior proceedings, he shall make an order to be signed by him,
declaring such road to be laid out, widened, altered or vacated as a public
highway and which order shall contain or have annexed thereto a definite
description of the line of such road, together with the plat thereof. The
highway commissioner or county superintendent, as the case may be, shall
within 5 days from the date of his final order, cause the same, together
with the report of the surveyor, the petition and the releases, agreements
or assessments in respect to damages, to be deposited and filed in the
office of the district clerk; who shall note upon such order the date of
such filing. It shall be the duty of such clerk to record such order,
together with the plat of the surveyor in a proper book to be kept for that
purpose.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-314) (from Ch. 121, par. 6-314)
Sec. 6-314.
After it has been finally determined that a township or
district road shall be laid out, widened, altered or vacated, either by the
highway commissioner, or upon appeal, by the county superintendent of
highways, all proceedings subsequent thereto on behalf of the district
shall be taken by the highway commissioner thereof as provided in this
division of this Code. And such highway commissioner in such cases is
hereby authorized to resort to all necessary proceedings not inconsistent
with the provisions of this Code to secure the laying out, widening,
alteration or vacation of any such road.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-315) (from Ch. 121, par. 6-315)
Sec. 6-315.
An entry in the records, ledger, or official minute book
of the district clerk, stating that there has been a dedication of a public
highway according to statutory requirements shall be prima facie evidence in
all cases
that there was a dedication of a public highway and that the dedication
complied with all statutory requirements, regardless of whether supporting
records or documentation of the dedication is available.
(Source: P.A. 93-183, eff. 7-11-03.)
|
(605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
Sec. 6-315a.
Any 3 persons who, at a hearing conducted by the county
superintendent of highways pursuant to Section 6-306, 6-311 or 6-312
of this Act, have been permitted to appear, in person or by counsel, and
to introduce evidence and cross examine witnesses, may (if they are
qualified petitioners, or have raised objections at a hearing pursuant
to Section 6-311 or 6-312 of this Act and will be directly and
adversely affected by such proposed alteration or vacation) obtain
judicial review of such final administrative decision of the
superintendent (meaning his final order denying the petition after a
hearing pursuant to Section 6-306, or granting or denying the petition
after a hearing pursuant to Section 6-311 or 6-312, to be filed in the
office of the district clerk after the hearing) pursuant to the Administrative
Review Law, and all amendments
and modifications thereof, and any rules adopted pursuant thereto. The
term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure. Such judicial review proceeding shall be given precedence
over all other civil cases, except cases arising under the Workers'
Compensation Act and the Unemployment Insurance
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(605 ILCS 5/6-316) (from Ch. 121, par. 6-316)
Sec. 6-316.
All township and district roads laid out as provided in this
Division of this Code shall be opened within 2 years from the time of
laying out the same. If the damages resulting from the establishing of such
roads shall not be paid within 90 days from the time the money is in the
hands of the treasurer of the road fund to pay the same, such new roads
shall be deemed to be vacated.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-317) (from Ch. 121, par. 6-317)
Sec. 6-317.
Whenever a township or district road is ordered to be laid out,
widened or altered, according to the provisions of this Division of this
Code, which road shall pass through or on enclosed land, the highway
commissioner shall give the owner or occupant of such land 60 days' notice
in writing to remove the fences. If such owner or occupant does not remove
the fence or fences within 60 days after such notice, the commissioner
shall have the same removed, and direct the road to be opened and worked;
the owner of such premises shall pay all necessary costs of removal, and
the same may be recovered by the highway commissioner in any court of
competent jurisdiction, provided however that in case the owner or occupant
has been awarded damages either by agreement, or by judgment in
condemnation proceedings, for the removal of such fence or fences, then the
owner or occupant shall remove such fences without such notice, and the
highway commissioner may enter upon such premises at once for the purpose
of laying out, widening or altering such road.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-318) (from Ch. 121, par. 6-318)
Sec. 6-318.
When any township or district road has been finally laid out,
widened or altered according to the provisions of this Division of this
Code, the owners of such lands taken shall have a reasonable time, not
exceeding 8 months, to be designated by the highway commissioner to harvest
crops which may be on such lands before such road shall be opened, provided
however that if the damages to crops have been included in the total
damages finally allowed or awarded then the highway commissioner may enter
upon such premises at once for the purpose of opening such road, provided
further that if there are fences on such land taken, he shall first give
notice to remove said fences as provided in Section 6-317 of this Code.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-319) (from Ch. 121, par. 6-319)
Sec. 6-319.
Township and district roads may be laid out, widened, altered or vacated
on county or district lines, or from one district to another, and in case a
railroad right-of-way or stream of water joins the boundary line of such
county or district line, then along the line of such railroad right-of-way
or stream of water, in the same manner as other township and district
roads, except that in such cases, a copy of the petition shall be posted in
and presented to the highway commissioners of each district interested;
such petition to be as in other cases, and signed by not less than 5% of
the legal voters, or 12 legal voters, whichever is less, residing in the
district or county. Whereupon the highway commissioners of the several
districts shall meet and act together, in the same time and manner as in
other cases, in considering the petition, viewing the premises, adjusting
damages, and making all orders in reference to such proposed road,
widening, alteration or vacation, and a copy of all final orders and plats
and papers shall be filed and recorded in each of the counties and
districts interested. In case the commissioners are unable to agree, the
county superintendent of highways shall act as arbitrator between them in
case the districts shall lie within the same county, and if in different
counties the Department or any person designated by it, shall so act. All
appeals hereinbefore provided for in this Division of this Code may
likewise be taken to the county superintendent of highways, or in case the
districts shall lie in 2 or more counties, to the Department.
In lieu of petitions, the highway commissioners of all road districts
interested may file a certificate to vacate roads with the respective
county clerks and with the respective township or district clerks, as the
case may be. The procedure upon the filing of such certificates shall be
the same as, and conform to, the procedure followed upon the filing of a
petition.
(Source: P.A. 78-543.)
|
(605 ILCS 5/6-320) (from Ch. 121, par. 6-320)
Sec. 6-320.
The highway commissioners shall also, in case a new township or
district road is established on a county or district line, allot to each of
such districts the part of such road which each of such districts shall
open and keep in repair, and the part so allotted shall be considered as
wholly belonging to such district. They shall also divide the expenses and
damages which may accrue from such laying out, widening or alteration, and
if they cannot agree, they shall refer the matter to the county
superintendent of highways or in case the districts shall lie in 2 or more
counties, the Department, whose decision shall be final.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-321) (from Ch. 121, par. 6-321)
Sec. 6-321.
All township and district roads heretofore or hereafter laid
out upon district or county lines shall be divided, allotted and kept in
repair in the manner as hereinbefore directed. Any township or district
road that is or shall be laid out on any county or district line, and in
case a railroad right-of-way or a stream of water forms the boundary line
of such district or county, or crowds the public road off from such
district or county, then the road alongside such railroad right-of-way or
stream of water, shall be held to be a road on a county or district line,
although owing to the topography of the ground along such county or
district line, or at the crossing of any stream of water, the proper
authorities in laying out such road may have located a portion of the same
to one side of such county or district line or railroad right-of-way, or
stream of water, and the expenses of keeping in repair such road shall be
assessed by each district or county interested.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-322) (from Ch. 121, par. 6-322)
Sec. 6-322.
Township and district roads may be laid out and opened upon the
line between this and any adjoining state, as provided in the preceding
sections, whenever the laws of such adjoining state shall be applicable.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-323) (from Ch. 121, par. 6-323)
Sec. 6-323.
In addition to the notices now required by law in proceedings
for laying out, locating or opening of township and district roads, similar
notices shall be served on any railroad company across or alongside of
whose railroad it may be proposed to locate such a road. Such notices shall
be served by delivering a copy thereof to the station agent of any such
railroad company nearest to the proposed location of such projected
township or district road.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-324) (from Ch. 121, par. 6-324)
Sec. 6-324.
The highway commissioner of any road district shall relocate,
divert or establish a township or district road where necessary in
connection with the crossing of the track of any railroad company across
any township or district road upon certification of the findings of the
Illinois Commerce Commission as provided in Section 18c-7401 of the Illinois
Commercial Transportation Law. The Illinois Commerce Commission may apportion
all costs and damages incident thereto as provided in said Section 18c-7401.
(Source: P.A. 85-1209.)
|
(605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
Sec. 6-325.
In counties having less than 3,000,000 inhabitants, roads or
streets in platted subdivisions and dedicated to public use shall be
included in and incorporated into the township or district road system
without any hearing or petition therefor required by the preceding Sections
of this Division, when and if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures prepared by the county superintendent of highways
and adopted by the county board. The highway
commissioner shall determine when such dedicated roads and streets so
conform and shall thereupon make an order to incorporate them into the
township or district road system and file one copy of such order in the
office of the district clerk and one copy with the county superintendent of
highways. If the highway commissioner refuses or fails to make such an
order, any 3 interested persons may appeal to the county superintendent of
highways to determine if such roads and streets so conform, and if his
finding is favorable, he shall make an order to incorporate them into the
township or district road system and shall file such order in the office of
the district clerk.
The county board may adopt alternate and less stringent rules,
specifications, and regulations prepared by the
county superintendent of highways for roads and streets that were initially
platted in subdivisions before
January 1, 1959, but not constructed, and these alternate rules,
specifications, and regulations shall be applicable
in determining if these roads and streets conform under this Section for
inclusion into the township or district
road system.
The county board, by an affirmative vote of at least
three-fifths of all members of the county board, may adopt alternate and
less stringent rules, specifications and regulations prepared by the County
Superintendent of Highways for roads and streets that were initially
constructed in platted subdivisions prior to January 1, 1959, and such
alternate rules, specifications and regulations shall be applicable in
determining if such roads and streets comply under this Section if the
highway commissioner first determines that such roads and streets should be
included in or incorporated into the township or district road system.
Roads and streets which have been laid out and dedicated to public use
but which are not in platted subdivisions or which are in a platted
subdivision but do not conform to the rules, specifications and regulations
as required by the preceding paragraph of this Section or are in a county
which has not established such rules, specifications and regulations may be
included in and incorporated into the township or district road system in
the manner hereinafter specified in this Section. The proceedings for that
purpose shall be in accordance with the provisions of Sections 6-303 and
6-305 of this Code with reference to laying out new roads, except as
hereinafter provided in this Section. The petition shall pray that the
roads or streets be incorporated into the township or district road system.
The provisions of Section 6-305 of this Code relative to notice and
hearing are applicable to the proceedings except the notice shall state the
time when the commissioner will examine the roads or streets and hear
reasons for or against incorporating them into the township or district
road system and the notice shall be posted in the vicinity of the road or
street described in the petition. The provisions of Section 6-305 relative
to the decision are applicable if the prayer of the petition is refused,
but if the commissioner grants the prayer of the petition, he shall so
publicly announce and shall make an order to incorporate the roads or
streets into the township or district road system and shall, within 5 days
thereafter, file one copy of such order in the office of the district clerk
and one copy with the county superintendent of highways.
In case the highway commissioner denies the prayer of the petition, any
3 of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner. In case of appeal the clerk shall transmit the
original petition to the county superintendent of highways, also the notice
of appeal. Upon receipt of the same the county superintendent of highways
shall fix a time and place for a public hearing thereon, giving notice
thereof and after the hearing shall render his decision thereon and record
and file the same in the manner hereinbefore provided in the case of the
hearing upon such petition by the highway commissioner of the district.
If no appeal is taken within 10 days from a decision allowing the prayer
of the petition the roads or streets described in the petition shall be
deemed to be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
roads or streets described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
In counties having more than 3,000,000 inhabitants, roads or streets in
platted subdivisions and dedicated to public use and roads or streets which
have been laid out and dedicated to public use may be included in and
incorporated into the township or district road system in the manner
specified in this Section, if such roads or streets conform to the rules,
specifications and regulations regarding location, width, grades, surface
and drainage structures established by the highway commissioner, the county
superintendent of highways and the county plan commission, if any.
The proceedings for that purpose shall be in accordance with the
provisions of Sections 6-303, 6-304 and 6-305 of this Code with
reference to laying out new roads, except as provided in this Section. The
petition shall pray that the streets or roads be incorporated into the
township or district road system, and if the petition is allowed the
decision shall order that the streets or roads be incorporated into the
township or district road system. The provisions of Sections 6-306 and 6-307 of
this Code are not applicable to the proceedings. The provisions of
Section 6-305 of this Code relative to notice and hearing are applicable
to the proceedings except the notice shall state the time when the
commissioner will examine the streets or roads and hear reasons for or
against incorporating them into the township or district road system and
the notice shall be posted in the vicinity of the street or road described
in the petition. The provisions of Section 6-305 relative to the decision
are applicable if the prayer of the petition is refused, but not applicable
if granted and in such case the provisions of this Section govern.
In case the highway commissioner denies the prayer of the petition any 3
of the petitioners may appeal to the county superintendent of highways by
filing a notice of appeal with the district clerk within 10 days from the
date of the decision appealed from, and in case the highway commissioner
grants the prayer of the petition any 3 land owners in the district may
appeal in like manner.
In case of appeal the clerk shall transmit the original petition to the
county superintendent of highways, also the notice of appeal.
Upon receipt of the same the county superintendent of highways shall fix
a time and place for a public hearing thereon, giving notice thereof and
after the hearing shall render his decision allowing or denying the prayer
of the petition and endorse the same on the petition and file the same with
the district clerk, within 5 days.
Any notice of appeal under the foregoing provisions shall be filed with
the clerk within 10 days after the decision of the highway commissioner.
If no appeal is taken from a decision allowing the prayer of the
petition the streets or roads described in the petition shall be deemed to
be incorporated into the township or district road system.
If an appeal is taken from the decision of the highway commissioner and
the county superintendent of highways allows the prayer of the petition the
streets or roads described in the petition shall be deemed to be
incorporated into the township or district road system, upon his decision
being filed with the clerk of the district.
The 7 preceding paragraphs of this Section shall apply only in counties
having more than 3,000,000 inhabitants.
(Source: P.A. 91-775, eff. 6-9-00.)
|
(605 ILCS 5/6-326) (from Ch. 121, par. 6-326)
Sec. 6-326.
When a petition to lay out, widen, alter or vacate a district
road concerns a road in a county unit road district, such petition shall be
filed with the county superintendent of highways. Such county
superintendent shall have the powers and perform the duties of a highway
commissioner under the provision of this Division of this Code. An appeal
may be had from the decision of such county superintendent of highways on
such petition to the county board of the county.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-326.1) (from Ch. 121, par. 6-326.1)
Sec. 6-326.1.
Existing township and district roads may be temporarily
closed and reconstructed by the filing with the highway commissioner of the
district involved and with the County Superintendent of Highways of a
petition signed by all of the owners of the property contiguous to both
sides of that portion of the roadway to be temporarily closed and
reconstructed by the petitioners. A copy of this petition shall be
published in at least one newspaper published in the township or district
or, in the absence of such published newspaper, in at least one newspaper
of general circulation in the township or district or, in the absence of
such generally circulated newspaper, by posting copies of the petition in 5
of the most public places in the district in the vicinity of the road to be
temporarily closed and reconstructed. The Road Commissioner shall provide
for publication or posting at least 10 days prior to any decision on the
matter. If the commissioner is of the
opinion that the temporary closing of the road is in the public and
economic interest and that the temporary closing will not materially
interfere with the flow of traffic on the township and county road system
then, upon the approval of plans for the reconstruction of the road by the
District Commissioner and the County Superintendent of Highways and the
depositing with the commissioner of a contract and corporate surety bond
approved by the Highway Commissioner and the County Superintendent of
Highways properly guaranteeing the replacement of the road in as good or
better condition as existed prior to the closing, the commissioner may
temporarily close the road for a period not to exceed 3 years.
(Source: P.A. 79-510.)
|
(605 ILCS 5/6-327) (from Ch. 121, par. 6-327)
Sec. 6-327.
Township and district roads for private and public use of the
widths of 50 feet or less may be laid out from one or more dwellings or
plantations to any public road, or from one public road to another, or from
one or more lots of land to a public road or from one or more lots of land
to a public waterway, on petition to the highway commissioner by any person
directly interested. Upon receiving such petition, proceedings shall be had
respecting the laying out of such road as in the case of other township and
district roads. In case the highway commissioner or upon appeal, the county
superintendent of highways, shall enter a preliminary order for the laying
out of such road, such highway officer or officers making such preliminary
order shall, if possible, and the parties are competent to contract, agree
upon the total amount of damages, together with the portion thereof to be
paid by the district, if any, as well as by each of the land owners
benefited by such road. In case such damages cannot be determined or
apportioned by agreement, the same shall be fixed as in the case of other
township and district roads. The amount of such damages shall be paid by
the person benefited thereby, to the extent and in proportion that they are
benefited as determined and declared by the court. The remainder of the
amount of damages, over and above that to be paid by the parties aforesaid,
if any, shall be paid by the district as in other cases. The amount of
damages to be paid by individuals shall be paid to the parties entitled
thereto, before the road shall be opened for use. In all other respects the
provisions of this Division of this Code relative to the opening, widening,
alteration or vacation of other township and district roads shall be
applicable also to the laying out, widening, alteration or vacation of
roads for private and public use: Provided that the cost of the
construction of the roadway, bridges and culverts and the maintenance
thereof shall be borne by the parties paying for such road.
(Source: Laws 1963, p. 2045.)
|
(605 ILCS 5/6-328) (from Ch. 121, par. 6-328)
Sec. 6-328.
Whenever any township or district road is laid out, widened or
altered in accordance with this Division of this Code, the highway
commissioner shall cause a plat thereof to be made and recorded in the
office of the recorder of the county (or in the office of the
registrar of titles for the county if appropriate) in accordance with the
provisions of Section 9 of "An Act to revise the law in relation to plats",
approved March 21, 1874, as amended.
(Source: P.A. 83-358.)
|
(605 ILCS 5/6-329) (from Ch. 121, par. 6-329)
Sec. 6-329.
Upon the vacation of any township or district road or part
thereof, the highway commissioner shall cause a legal description of the
road or part thereof vacated to be recorded in the office of the recorder
of the county. The recorder shall mark the plat previously
recorded in such manner as to show the vacation and to indicate the book
and page number where the description is recorded.
(Source: P.A. 83-358.)
|
(605 ILCS 5/Art. 6 Div. 4 heading) DIVISION 4.
CONSTRUCTION AND MAINTENANCE OF TOWNSHIP AND DISTRICT ROADS
|
(605 ILCS 5/6-401) (from Ch. 121, par. 6-401)
Sec. 6-401.
If any highway commissioner fails or refuses to repair or
maintain any road or section of a road in his district within 10 days after
he is given a notice in writing signed by 3 landowners of such district,
that such road or section of a road is in need of repair or maintenance,
any 3 landowners in such district may petition the county superintendent of
highways that such road or section thereof is in need of repair, or is not
properly maintained by the highway commissioner. The county superintendent
of highways shall set a day, not less than 10 nor more than 20 days after
such petition is filed with him, for hearing the complaint alleged in such
petition, and shall cause 10 days notice of such hearing to be given
addressed "to all persons interested" by posting notices of such hearing in
5 of the most public places in such district in the vicinity of the road or
section of road described in the petition and also by delivering a copy of
such notice to such commissioner or mailing a copy thereof to such
commissioner at his post office address, postage prepaid.
If the county superintendent of highways determines as a result of such
hearing that the road described in the petition is in need of repair, or is
not properly maintained by the highway commissioner of the district, he
shall order the highway commissioner of the district to make such repairs
as appear to him to be proper or necessary, or to properly maintain such
road or section of road.
If any highway commissioner wilfully disobeys the order of the county
superintendent of highways issued in pursuance to this section, when there
are sufficient funds to permit a compliance with such order, he shall be
guilty of a petty offense, and shall upon proper proceedings being brought
in the circuit court of the county, be subject to removal from office.
(Source: P.A. 79-1366.)
|
(605 ILCS 5/6-402) (from Ch. 121, par. 6-402)
Sec. 6-402.
Bridges or culverts on roads on district lines, except as
provided in Section 5-503 of this Code, shall be constructed and repaired
by such districts and the expense of such construction and repair shall be
borne in proportion to the assessed value of the taxable property in the
respective districts according to the last preceding equalized assessment
thereof prior to such construction or repair; or the commissioners of such
adjoining road districts may enter into joint contracts, which may provide
for any just division of cost. Such contracts may be
judicially enforced against such commissioners jointly, the same as if entered
into by individuals, and such commissioners may be proceeded against
jointly by any parties interested in such bridges or culverts, for any
neglect of duty in reference to such bridges or culverts, or for any damage
growing out of such neglect.
(Source: P.A. 83-345.)
|
(605 ILCS 5/6-404) (from Ch. 121, par. 6-404)
Sec. 6-404.
Approaches to all bridges and culverts constructed under and by
virtue of Section 6-402 shall be constructed and maintained by
the respective road districts within which such approach or approaches may
be located, and all approaches to all such bridges and culverts, as have
heretofore been constructed jointly by 2 or more districts shall be maintained
by the respective districts within which such approaches are located.
(Source: P.A. 84-962.)
|
(605 ILCS 5/6-405) (from Ch. 121, par. 6-405)
Sec. 6-405.
When any road district desires to construct or repair any
bridge or culvert as provided in Section 6-402, and has appropriated its
share of the cost of constructing or repairing the same it shall be the
duty of such other road district to make an appropriation for its
proportionate share of the expense of such construction or repair. If such
other road district fails or refuses to make such appropriation any court
of competent jurisdiction, upon a proper petition for that purpose, shall
issue an order to compel such other road district to make such
appropriation; or the road district which has made its appropriation, may,
after giving due notice to the other road district, proceed with the
construction or repair of the bridge or culvert, and, if the construction
or repair is reasonable in kind and cost, may recover from the other road
district, by suit, such proportionate share of the expense as the other
road district is liable for, with costs of the suit and interest from the
time of the completion of the construction or repair. However, if the
expense of the construction or repair of the bridge or culvert is
unreasonable then the road district may recover only the other road
district's proportionate share of an amount equal to a reasonable expense
for the construction or repair.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-406) (from Ch. 121, par. 6-406)
Sec. 6-406.
When a joint contract has been made in accordance with Section
6-402, and if the commissioner of either of such road districts, after
reasonable notice in writing from the commissioner of any other road
district, neglects or refuses to construct or repair any bridge or culvert,
the commissioner so giving notice, after constructing or repairing the
same, may recover by suit such amount as may have been contracted for in
accordance with Section 6-402 of this Code, of the expense of so
constructing or repairing such bridge or culvert together with costs of
suit and interest from time of completion thereof, from the road district
so neglecting or refusing.
(Source: P.A. 84-962.)
|
(605 ILCS 5/6-407) (from Ch. 121, par. 6-407)
Sec. 6-407.
(Repealed).
(Source: P.A. 81-693. Repealed by P.A. 93-704, eff. 7-9-04.)
|
(605 ILCS 5/6-408) (from Ch. 121, par. 6-408)
Sec. 6-408. Contracts for constructing and repairing roads and bridges on
road district lines shall be let by the highway commissioners of the 2
districts who shall meet and act together when taking action upon the
letting of such contract for the construction or repair of such roads and
bridges, or acceptance of the work.
(Source: P.A. 93-704, eff. 7-9-04.)
|
(605 ILCS 5/6-409) (from Ch. 121, par. 6-409)
Sec. 6-409.
No contract so made shall be considered as let unless the
contractor shall, within 15 days after the final award of the same, enter
into contract and file a bond with good and sufficient sureties with the
highway commissioner, in the penal sum at least equal to the amount of the
contract, payable to the commissioner of the district, upon failure to
comply with the conditions of such contract.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-410) (from Ch. 121, par. 6-410)
Sec. 6-410. All final payments on contracts for the construction or repair
of roads, including the constructing or repairing bridges or culverts,
shall be made payable as soon as the work under such contract is completed
and accepted by the highway commissioner. The highway commissioner shall submit all warrants, bills and
orders for such final payments to the township board of trustees or the
highway board of auditors within 30 days after the receipt of the bill.
(Source: P.A. 94-59, eff. 6-17-05.)
|
(605 ILCS 5/6-411) (from Ch. 121, par. 6-411)
Sec. 6-411. Pecuniary interest in leases. In townships with a population of
less than 15,000, with the
approval of the town board of trustees or the highway board
of auditors, as the case may be, a highway commissioner may have a
pecuniary interest in lease contracts if the aggregate total of those
contracts is less than $2,000 in the same fiscal year.
(Source: P.A. 96-422, eff. 8-13-09.)
|
(605 ILCS 5/6-411.1)
Sec. 6-411.1.
Pecuniary interest in contracts.
(a) Except as provided in this Section, no road district officer or employee
shall be interested, directly or indirectly, in his or her own
name or in the name of any other person, association, trust, or
corporation, in any contract for work or materials, profits of work or
materials, or services to be furnished or performed for the road district or
for any
person operating a public utility wholly or partly within the
territorial limits of the road district.
(b) Any elected or appointed member of the governing body
may provide materials, merchandise, property, services, or labor if:
(1) the contract is with a person, firm, partnership, | ||
| ||
(2) the interested member publicly discloses the | ||
| ||
(3) the interested member abstains from voting on the | ||
| ||
(4) the contract is approved by a majority vote of | ||
| ||
(5) the contract is awarded after sealed bids to the | ||
| ||
(6) the award of the contract would not cause the | ||
| ||
(c) In addition to subsection (b), any elected or appointed
member of the governing body may provide materials, merchandise,
property, services, or labor if:
(1) the award of the contract is approved by a | ||
| ||
(2) the amount of the contract does not exceed | ||
| ||
(3) the award of the contract would not cause the | ||
| ||
(4) the interested member publicly discloses the | ||
| ||
(5) the interested member abstains from voting on the | ||
| ||
(6) no other vendor is available within a 25-mile | ||
| ||
(d) A contract for the procurement of public utility services by a
road district with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company, holding an ownership interest
of no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the road district has a population of less than 7,500
and the public utility's rates are approved by the Illinois Commerce
Commission.
An elected or
appointed member of the governing body having such an interest shall be
deemed not to have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a Class 4
felony. Any office held by the person so
convicted shall become vacant and shall be declared vacant as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c), and (d), shall preclude a contract of
deposit of moneys, loans, or other financial services by a road district
with a local bank or local savings and loan association, regardless of
whether a member or members of the governing body of the road district
are interested in the bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in
a contract shall not be deemed to be holding a prohibited interest for
purposes of this Section. The interested member or members of the
governing body must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of such a
contract but shall not participate in any further deliberations
concerning the proposed award. The interested member or members shall
not vote on a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the
road district.
(Source: P.A. 89-305, eff. 1-1-96.)
|
(605 ILCS 5/6-411.5)
Sec. 6-411.5.
Contracts for public transportation.
The
highway commissioner of each road district within the territory of the
Regional Transportation Authority shall have authority,
with the approval of the township board of trustees, to
contract with the Regional Transportation Authority or a Service Board, as
defined in the Regional Transportation Authority Act, for the purchase of
public transportation services within the district, upon such terms and
conditions as may be mutually agreed upon. The expenditure of road funds,
collected under a road district tax, to purchase public transportation services
constitutes a road
purpose under this Code.
(Source: P.A. 89-347, eff. 1-1-96.)
|
(605 ILCS 5/6-412) (from Ch. 121, par. 6-412)
Sec. 6-412.
On all township or district roads which have all-weather travel
surfaces the highway commissioner, if funds are available, shall construct
and maintain adequate all-weather surfaces at boxes used for the receipt of
United States mail. Such approaches shall be constructed and maintained
with the same material as the roadbed, or other suitable all-weather
material.
The rules, regulations and specifications adopted by the Department
governing the erection and maintenance of boxes for the receipt of United
States mail on State highways shall not apply to and govern the erection
and maintenance of such boxes on such township or district roads.
(Source: Laws 1961, p. 473.)
|
(605 ILCS 5/6-412.1) (from Ch. 121, par. 6-412.1)
Sec. 6-412.1.
The highway commissioner is authorized to contract for
insurance against any loss or liability of any officer, employee or agent
of the district resulting from the wrongful or negligent act of any such
officer, employee or agent while discharging and engaged in his duties and
functions and acting within the scope of his duties and functions as an
officer, employee or agent of the district. Such insurance shall be carried
with a company authorized by the Department of Insurance to write such
coverage in Illinois. Every such policy shall provide, or be endorsed to
provide, that the company issuing such policy waives any right to refuse
payment or deny coverage or liability thereunder, within the limits of the
policy, because of any exemption the district may have from such liability.
The expenditure of road funds of the district to purchase such insurance
contracts constitutes a road purpose under this Act.
(Source: Laws 1961, p. 2724.)
|
(605 ILCS 5/Art. 6 Div. 5 heading) DIVISION 5.
TAXATION
|
(605 ILCS 5/6-501) (from Ch. 121, par. 6-501)
Sec. 6-501. (a) Findings and purpose. The General Assembly finds:
(1) That the financial conditions of the Township and | ||
| ||
(2) Townships and district road systems, as a result | ||
| ||
(3) Further, cost for maintenance and improvements | ||
| ||
(4) To solve these problems, this Act makes changes | ||
| ||
(b) The highway commissioner for each road district in each county not
under township organization shall on or before the third Tuesday in December
of each year determine and certify to the county board the amount necessary
to be raised by taxation for road purposes and for the salaries of
elected road district officials in the road district.
Should any highway commissioner during the last year of his term of
office for any reason not file the certificate in the office of the county
clerk, as required by this Section, in time for presentation to the regular
September meeting of the county board, the clerk shall present in lieu
thereof a certificate equal in amount to that presented for the preceding year.
In every such county the certificate shall be filed in the office of the
county clerk and by that official presented to the county board at the
regular September meeting for the consideration of the board. The amount so
certified if approved by the county board, or the part thereof as the
county board does approve, shall be extended by the county clerk as road
taxes against the taxable property of the district.
(c) The highway commissioner in each road district in each county having
adopted township organization shall in accordance with the Illinois
Municipal Budget Law at least 30 days prior to the public meeting required by
this paragraph, each year prepare or cause to be prepared a tentative budget
and appropriation ordinance and file the same with the clerk of the township or
consolidated township road district, as the case may be, who shall make the
tentative budget and appropriation ordinance conveniently available to the
public inspection for at least 30 days prior to final action. One public
hearing shall be held. This public hearing shall be held on or before the last
day of the first quarter of the fiscal year before the township board of
trustees or the highway board of trustees, as the case may be. Notice of the
hearing shall be given by publication in a newspaper published in the road
district at least 30 days prior to the time of the hearing. If there is no
newspaper published in the road district, notice of the public hearing shall be
given by posting notices in 5 of the most public places in the district. It
shall be the duty of the clerk of the road district to arrange for the public
hearing. The township board of trustees or highway board of trustees, as the
case may be, at the public hearing shall adopt the tentative budget and
appropriation ordinance, or any part as the board of trustees deem necessary.
On or before the last Tuesday in December the township board of
trustees or highway board of trustees or road district commissioner, as
the case may be, shall levy and certify to the county clerk the amount
necessary to be raised by taxation for road purposes and the road district
commissioner shall levy and certify to the county clerk the amount necessary to
be raised by taxation for the salaries of elected road district officials in
the road district, as determined by the highway commissioner.
The amount so certified shall be extended by the county clerk as road
taxes against the taxable property of the district.
On or after October 10, 1991, a road district commissioner whose district is
located in a county not under township organization may not levy separately
a tax for
salaries of elected road district officials unless the tax has been first
approved by a majority of the electors voting on the question at a referendum
conducted in accordance with the general election law. The question submitted
to the electors at the referendum shall be in substantially the following form:
"Shall the road district commissioner be authorized to levy an annual tax for
the salaries of elected road district officials under Section 6-501 of the
Illinois Highway Code?"
Except as is otherwise permitted by this Code and when the road district
commissioner establishes the tax rate for the salaries of elected road
district officials, the county clerk shall not extend taxes for road
purposes against the taxable property in any road district at rates in
excess of the following:
(1) in a road district comprised of a single township | ||
| ||
(2) in a consolidated township road district, at a | ||
| ||
(3) in a road district in a county not having | ||
| ||
However, road districts that have higher tax rate limitations on a
permanent basis for road purposes on July 1, 1967, than the limitations
herein provided, may continue to levy the road taxes at the higher
limitations, and the county clerk shall extend the taxes at not to exceed
the higher limitations.
If the amount of taxes levied by the township board of trustees or the
highway board of trustees or approved by the county board in any case is in
excess of the amount that may be extended the county clerk shall reduce
the amount so that the rate extended shall be no greater than authorized
by law. However, the tax shall not be reduced or scaled in any manner
whatever by reason of the levy and extension by the county clerk of any tax
to pay the principal or interest, or both, of any bonds issued by a road
district.
The taxes, when collected, shall be held by the treasurer of the district
as the regular road fund of the district.
Notwithstanding any other provision of law, for a period of time ending 18
years after the effective date of this amendatory Act of 1994, a road district
or consolidated road district may accumulate up to 50% of the taxes collected
from a subdivision under this Section for improvements of nondedicated
roads within the subdivision from which and for
which the taxes were collected. These nondedicated roads will become a part of
the
township and district road system if the roads meet the criteria established by
the counties in which the roads are located. The total accumulations under
this provision may not exceed 10% of the total funds held by the
district for
road purposes. This provision applies only to townships within counties
adjacent to a county with a population of 3,000,000 or more and only with
respect to subdivisions whose plats were filed or recorded before July 23,
1959.
Notwithstanding any other provision of law, for a period of time ending 10
years after the effective date of this amendatory Act of the 98th General Assembly, a road district
or consolidated road district may accumulate up to 50% of the taxes collected
from a subdivision under this Section for improvements of nondedicated
roads within the subdivision from which and for
which the taxes were collected. These nondedicated roads will become a part of
the
township and district road system if the roads meet the criteria established by
the counties in which the roads are located. The total accumulations under
this provision may not exceed 10% of the total funds held by the
district for
road purposes. This provision applies only to townships within counties
adjacent to a county with a population of 3,000,000 or more and only with
respect to subdivisions whose plats were filed or recorded before July 23,
1959. Any road district may accumulate funds for the purpose of acquiring,
constructing, repairing and improving buildings and procuring land in
relation to the building and for the purpose of procuring road maintenance
apparatus and equipment, and for the construction of roads, and may
annually levy taxes for the purposes in excess of its current requirements
for other purposes, subject to the tax rate limitations provided in this
Section, provided a proposition to accumulate funds for the purposes is
first submitted to and approved by the electors of the district. The
proposition shall be certified to the proper election officials by the
district clerk upon the direction of the highway commissioner, and the
election officials shall submit the proposition at a regular election.
Notice and conduct of the referendum shall be in accordance with the
general election law. The proposition shall be in substantially the
following form:
Shall .......... road districtaccumulate funds in the amountof $......... for ........ years YESfor the purpose of acquiring,constructing, repairing and improving buildings and procuring landtherefor, and for procuring road NOmaintenance apparatus and equipmentand for the construction of roads?
If a majority of the electors voting on the proposition vote in
favor of it, the road district may use a portion of the funds levied,
subject to the tax rate limitations provided in this Section, for the
purposes for which accumulation was authorized. It shall not be a valid
objection to any subsequent tax levy made under this Section, that there
remains unexpended money arising from the levy of a prior year because
of an accumulation permitted by this Section and provided for in the
budget for that prior year.
(d) Any road district may accumulate moneys in a dedicated fund for a
specific
capital construction or maintenance project or a major equipment purchase
without submitting a proposition to the electors of the district if the annual
budget and appropriation ordinance for the road district states the amount,
purpose, and duration of any accumulation of funds authorized under this
Section, with specific reference to each project to be constructed or equipment
to be purchased. Nothing in this subsection precludes a road district from
accumulating moneys for non-specific purposes as provided in this Section.
(Source: P.A. 98-818, eff. 8-1-14.)
|
(605 ILCS 5/6-502) (from Ch. 121, par. 6-502)
Sec. 6-502.
The township board of trustees or highway board of trustees, as the case
may be, or the highway commissioner in any county not under township
organization, of each road district in addition to certifying to the county
board the amount necessary to be raised by such district for road purposes
therein, shall also within the dates aforesaid make out and deliver to the
district clerk a copy of the certificate required by Section 6-501 to be
kept on file by such clerk for the inspection of the inhabitants of such
district. However, a failure to file such copy shall not affect the
validity of the certificate filed with the county clerk, or of the tax
levied pursuant thereto.
The district clerk shall not certify levies of taxes to the county
clerk.
(Source: P.A. 82-783.)
|
(605 ILCS 5/6-503) (from Ch. 121, par. 6-503)
Sec. 6-503.
When damages have been agreed upon, allowed or awarded for laying
out, widening, altering or vacating township or district roads, or for
payments for right-of-way in aiding the State in connection with the
construction of State highways or in connection with the construction of
federal aid roads or such roads as are constructed with the aid of
federal grants or loans, or for ditching to drain township or district
roads, the amounts of such damages and interest on orders issued in
payment of such damages shall be included in the next succeeding tax
levy provided for in Section 6-501 of this Code, and may be in addition
to and in excess of the maximum levy and rate of extension of taxes for
road purposes authorized under Section 6-501, and when collected,
shall constitute and be held by the treasurer of the district as a
separate fund to be paid to the parties entitled thereto. The highway
commissioner, or the township board of trustees or highway board of
trustees, as the case may be, at the time of certifying the general tax
levy for road purposes within the district, shall include and separately
specify in such certificate the amount necessary to be raised by
taxation for the purpose of paying such damages. Upon the approval by
the county board of the amount so certified, when required in Section
6-501, the county clerk shall extend the same against the taxable
property of such district, provided the amount shall not be extended at
a rate in excess of .033% of value, as equalized or assessed by the
Department of Revenue. The foregoing limitations upon
tax rates may be increased or decreased under the referendum provisions
of the General Revenue Law of Illinois.
(Source: P.A. 82-783.)
|
(605 ILCS 5/6-504) (from Ch. 121, par. 6-504)
Sec. 6-504.
On the petition of at least 10% of the legal voters residing
in a road district (other than a county unit road district) to the district
clerk, the clerk shall order a referendum on the proposition to increase
the district's rate limitation for road purposes under this Section and
Section 6-505. The referendum shall be held at the next annual or special
town meeting or at an election in accordance with the general election
law. If the referendum is ordered to be held at the town meeting, the district
clerk shall give notice that at the next annual or special town meeting the
proposition shall be voted upon. The notice shall set forth the proposition
and shall be given by publication in a newspaper published in the township,
or if there is no such newspaper, then in a newspaper published in the
county and having general circulation in the township, and by posting notices
in at least 10 of the most public places in the township at least 10
days before the town meeting. If the referendum is ordered
to be held at an election, the district clerk shall certify that proposition
to the proper election officials, who shall submit the proposition at
an election. The proposition shall be submitted in accordance with
the general election law.
Any road district voting after August 1, 1967, to increase its rate
limitation for road purposes under this Section and Section 6-505 shall
establish the increased rate limitation on a permanent basis.
No more than 2 referenda authorized by this Section shall be held
within any 12 month period. No referendum shall be held unless a
petition signed by not less than 10% of the registered voters in the road
district has been filed with the district clerk requesting an increase in
the tax rate limitation for road purposes.
(Source: P.A. 87-768.)
|
(605 ILCS 5/6-505) (from Ch. 121, par. 6-505)
Sec. 6-505.
The proposition authorized by Section 6-504 shall be substantially in the
following form:
Shall the present maximum rateof ....% (insert present maximum) ofthe value, as equalized or assessed YESby the Department of Revenue onthe taxable property of ........ Township (or Townships) for roadpurposes be increased to a maximum NOrate (here state proposed increasedrate) on such taxable property?
If a majority of all ballots cast on the proposition
is in favor of the increase in the tax rate, the county clerk shall
certify the results of the election.
If 2 or more proposals are submitted under Section 6-504 at the same
election and more than one of the proposals receives a majority of the
vote, the proposal receiving the greatest number of affirmative votes
shall be the only one in effect.
(Source: P.A. 81-1509.)
|
(605 ILCS 5/6-506) (from Ch. 121, par. 6-506)
Sec. 6-506.
The county clerk on and after the filing with him of the
certificate provided for in Section 6-505 by the district clerk shall
for a period of 5 years thereafter extend as taxes the amount certified
by the county board, township board of trustees
or highway board of trustees, as the case may be, which the highway
commissioner
has determined as necessary to be raised by taxation for the proper
construction,
maintenance and repair of the roads of the district as provided in
Section 6-501 at a rate not in excess of the rate approved by the voters
of the district under Sections 6-504 and 6-505 and in no case shall such
taxes so extended exceed .66% of the value, or .94% of the value in
districts with less than $10,000,000 total equalized assessed valuation if
such higher rate has been approved by the voters of the district under
Sections 6-504 and 6-505 at a referendum held in accordance with the
general election law, as
such values are equalized or assessed by
the Department of Revenue of the taxable property of
the district.
If any road district establishes its tax rate limitation for road
purposes on a permanent basis after August 1, 1967, as provided for in
Section 6-504 of the Act, the county clerk shall on a permanent basis
extend as taxes the amount certified by the county board, township board
of trustees or highway
board of trustees, as the case may be, which the highway commissioner
has determined as necessary to be raised by taxation for
the proper construction, maintenance and repair of the roads of the
district.
(Source: P.A. 85-1178.)
|
(605 ILCS 5/6-507) (from Ch. 121, par. 6-507)
Sec. 6-507.
All items of tax levy of any district authorized by Sections
6-501, 6-503 and 6-504 of this Code shall be extended by the county
clerk as one tax upon the collector's book and, except as hereinafter
provided in this Section, shall be paid to the treasurer of the district by
the collector as fast as the same is collected, other than such rate per
cent as shall be allowed for collecting the same.
One half the tax required to be levied by Section 6-501 of this Code,
on the property lying within a municipality in which the streets and alleys
are under the care of the municipality shall be paid over to the treasurer
of the municipality, to be appropriated to the improvement of roads or
streets, either within or without the municipality and within the road
district under the direction of the corporate authorities of the
municipality. However, when any of the tax is expended beyond the limits of
the municipality it shall be with the consent of the highway commissioner
of the road district.
If any municipality has not appropriated the taxes received by it as
aforesaid for the improvement of roads or streets within one year from the
date of the receipt thereof, then the unappropriated portion of such taxes
shall forthwith be paid by the Treasurer of such municipality to the
Treasurer of the road district from which such taxes were derived, to be
used and expended for road purposes within such road district.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
Sec. 6-508.
(a) For the purpose of constructing or repairing bridges,
culverts, drainage structures or grade separations, including approaches
thereto, at the joint expense of a county and a road district and
obtaining aid from the county as provided in Section 5-501 of this
Code, there may be included in the annual tax levies provided for in
Section 6-501 of this Code a tax of not to exceed .05% of the value of
all the taxable property in the road district, as equalized or assessed
by the Department of Revenue, which tax shall be in
addition to and may be in excess of the maximum levy and may be extended
at a rate in addition to and in excess of the tax rate for road purposes
authorized under Section 6-501 of this Code.
Such tax, when collected, shall constitute and be held by the
treasurer of the district as a separate fund to be expended for the
construction or repair of bridges, culverts, drainage structures or
grade separations, including approaches thereto, at the joint expense of
the county and the road district. The highway commissioner shall
separately specify in the certificate required by Section 6-501 the
amount necessary to be raised by taxation for the purpose of
constructing or repairing bridges, culverts, drainage structures or
grade separations, including approaches thereto, at the joint expense of
the county and the road district. Upon the approval by the county board
of the amount so certified as provided in Section 6-501 of this Code,
the county clerk shall extend the same against the taxable property of
the road district, provided the amount thus approved shall not be
extended at a rate in excess of .05% of value, as equalized or assessed
by the Department of Revenue.
When any improvement project for which a tax may be levied under this
Section has been ordered as provided in Section 5-501 and the estimated
cost of such project to the road district is in excess of the amount
that will be realized from the annual tax levy authorized by this
Section when extended and collected, then the road district may
accumulate the proceeds of such tax for such number of years as may be
necessary to acquire the funds necessary to pay the district's share of
the cost of such project. In counties in which a property tax extension
limitation is imposed
under the Property Tax Extension Limitation Law and the imposition of the
property tax extension limitation prevents a road district from levying taxes
for road purposes at the required rate, a road district may retain its
eligibility if, at the time the property tax extension limitation was imposed,
the road district was levying at the required rate and continues to levy the
maximum allowable amount after the imposition of the property tax
extension limitation. It shall not be a valid objection to any
subsequent tax levy made under this Section that there remains
unexpended money arising from a preceding levy of a prior year because
of the accumulation provided for in this Section.
The rate limitation imposed by this Section may be increased for a 10
year period to up to 0.25% of the value of all the taxable property in
the road district, as equalized or assessed by the Department of Revenue if the
proposition for the increased tax rate is submitted under Sections 6-504 and
6-505 and receives a majority of all ballots cast on the proposition at the
election held under Section 6-505.
(b) All surplus funds remaining in the hands of the treasurer of the road
district after the completion of any construction or repairing of bridges,
culverts, drainage structures or grade separations, including approaches
thereto, under this Section, shall be turned over, at the request of the
highway commissioner, to the regular road fund of the road district. Upon such
request, no further levy under this Section is to be extended by the county
clerk unless the proposition authorizing such further levy is submitted under
Sections 6-504 and 6-505 and receives a majority of all ballots cast on the
proposition at the election held under Section 6-505.
(c) The moneys from this tax may also be used for construction and
maintenance of bridges, culverts and other drainage facilities, or grade
separations, including approaches thereto, on, under, or over the district
roads, without joint county funds being involved and without limitation as to
size of project, but only if adequate funds are available for all projects for
which the road district has petitioned the county for joint participation.
(Source: P.A. 92-268, eff. 1-1-02; 92-800, eff. 8-16-02; 93-164, eff. 7-10-03.)
|
(605 ILCS 5/6-508.1) (from Ch. 121, par. 6-508.1)
Sec. 6-508.1.
For the purpose of acquiring machinery and equipment or for
the purpose of acquiring, constructing, or reconstructing buildings for
housing machinery and equipment used in the construction, repair, and
maintenance of township or district roads, or for both those purposes,
the township board of trustees or highway board of trustees, as the case
may be, or the highway commissioner in a county not under township
organization, after a favorable vote as provided in this Section, may
levy an annual tax of not to exceed .035% of the value of all the
taxable property in the road district, as equalized or assessed by the
Department of Revenue. The tax shall be in addition
to and in excess of all other taxes and tax rates that may be levied or
extended for road purposes in a road district under any other Section of
this Code. Any tax levy authorized under this Section shall be
certified to and extended by the county clerk as a separate tax to be
known as the "equipment and building tax" of the road district but
shall not be extended at a rate in excess of .035% of the value of the
taxable property of the district, as equalized or assessed by the
Department of Revenue. The maximum rate for these purposes may be
increased to .10% of the value of the taxable property of the district, as
equalized or assessed by the Department of Revenue, however, when
authorized by a referendum held in accordance with the general election law.
In any county not under township organization, however, the amount of
the levy must first be approved by the county board before
the certification and extension.
The tax, when collected, shall constitute and be held by the
treasurer of the district as a separate fund to be known as the
"equipment and building fund" and shall be expended only for the purpose
or purposes for which it was levied.
The road district shall cause the ordinance or resolution levying the tax
to be published in one or more newspapers published in the district within 10
days after the levy is made. If no newspaper is published in the district,
the ordinance or resolution shall be published in a newspaper having
general circulation within the district. The publication of the ordinance
or resolution shall include a notice of (i) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the district; (ii) the time within
which the petition must be filed; and (iii) the date of the prospective
referendum. The district clerk or secretary shall provide a petition form
to any individual requesting one.
On the petition of 25 or more legal voters of the road district to the
district clerk, the clerk shall order a referendum on the question
of authorizing the levy and extension of an annual tax under this
Section at the next annual town meeting or at an election in accordance
with the general election law. If the referendum is ordered to be held at
the town meeting, the district clerk shall give notice that at the next
annual town meeting the proposition shall be voted upon. The notice shall
set forth the proposition and shall be given by publication in a newspaper
of general circulation in the township and by posting notices in at least
10 of the most public places in the town at least 10 days before the annual
meeting. If the referendum is ordered to be held at an election, the
district clerk shall certify that proposition to the proper election
officials, who shall submit the proposition in accordance with the general
election law. If a majority of the vote cast on the question is in favor of
the tax, then the township board of trustees or highway board of trustees,
as the case may be, or the highway commissioner in a county not under
township organization, may levy an annual tax under this Section.
(Source: P.A. 86-709; 86-1028; 86-1253; 87-768.)
|
(605 ILCS 5/6-509) (from Ch. 121, par. 6-509)
Sec. 6-509.
Whenever damages have been allowed for roads or ditches, the
highway commissioner may draw orders on the treasurer, payable only out of
the tax to be levied for such roads or ditches, when the money shall be
collected or received, which orders shall bear interest at the rate of 6%
per annum from the date on which they are issued and may be disposed of by
the highway commissioner in anticipation of the tax to be levied to pay
same, provided that such orders shall not be disposed of at a discount.
The highway commissioner, as soon as the tax levied for the payment of
such orders is collected, shall notify the holder or holders thereof to
offer same for payment; and such orders shall cease to draw any interest
from and after the time that any holder thereof is notified that funds
available for the payment of same is in the hands of the treasurer.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-510) (from Ch. 121, par. 6-510)
Sec. 6-510.
On the petition either of the highway commissioner or of
25 of the legal voters of any district, to the district clerk, he shall
order a referendum on the proposition "Shall bonds for road purposes
be issued to the amount of $....?" at the next annual town meeting, or at
an election in accordance with the general election law.
If the referendum is ordered to be held at the town meeting, the district
clerk shall give notice that at the next annual town meeting the proposition
shall be voted upon. Such notice shall set forth the proposition and shall
be given by publication in a newspaper of general circulation in the township
and by posting notices in at least 10 of the most public places in the town
at least 10 days prior to the annual meeting. If the referendum is ordered
to be held at an election, the district clerk shall certify that proposition
to the proper election officials, who shall submit the proposition to the
voters in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall bonds for road YESpurposes be issued in the amount of $....? NO
If a majority of the legal voters voting on such
question voted in favor of such question, the highway commissioner and
the district clerk shall issue (from time to time as the work
progresses) a sufficient amount of bonds of such district for the
purpose of constructing or repairing roads, bridges, or any other work
incident to the construction thereof, according to the prayer of such
petition, if set out therein.
Such bonds shall be of such denominations, bear such date, maturity,
rate of interest, not exceeding the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
or (ii) 8% per annum
payable annually or
semi-annually, and be payable at such place as the highway commissioner
and clerk shall determine and be disposed of as the necessities and
convenience of such district may require; provided, that such bonds
shall not be sold nor disposed of, either by sale or by payment to
contractors for labor or materials, for less than their par value, and
that such bonds shall be issued in not more than 10 annual series, the
first series of which shall mature not more than 5 years from the date
thereof, and each succeeding series in succeeding years thereafter. Such
bonds may be lithographed and the interest for each year evidenced by
interest coupons thereto attached, which coupons shall be signed with
original or facsimile signatures by the same officers who executed the
bonds.
A register of all issues of such bonds shall be kept in the office of
the county clerk of the county in which such district is located,
showing the date, amount, rate of interest, maturity and the purpose for
which such bonds were issued, which information shall be furnished to
the county clerk, in writing, by the district clerk. Such county clerk
shall extend annually against the taxable property in such road district
a tax sufficient to pay the interest on such bonds in each year prior to
the maturity of such first series and thereafter he shall extend a tax
in each year sufficient to pay each series as it matures, together with
interest thereon and with the interest upon the unmatured bonds
outstanding; provided, that if it has been certified to the county clerk
that funds from other sources have been allocated and set aside for the
purpose of paying the principal or interest, or both, of such bonds, the
county clerk shall, in extending the tax and fixing the rate of tax
under this Section, make proper allowance and reduction in such
extension of tax and tax rate to the extent of the funds so certified to
be available for the payment of such principal or interest, or both.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
|
(605 ILCS 5/6-511) (from Ch. 121, par. 6-511)
Sec. 6-511.
The highway commissioner of any road district may turn over to
any municipality lying wholly within its limits, money from the regular
road taxes, to be used by such municipality within its corporate limits in
the construction, including the separation of grades, of State or county
highways and municipal streets as provided for in Division 2 of Article 7
of this Code, provided the consent of the Department is first obtained
before such money can be turned over to municipalities by such highway
commissioner.
(Source: P.A. 77-511.)
|
(605 ILCS 5/6-512) (from Ch. 121, par. 6-512)
Sec. 6-512.
For the purpose of constructing, maintaining and
repairing county unit district roads, bridges and drainage structures
and the acquisition, maintenance, housing and repair of machinery and
equipment, the county board, in any county in which a county unit road
district is established, may levy annual separate taxes upon all taxable
property of the county to be known as the "County Unit Road District
Road Tax" and the "County Unit Road District Bridge Tax". Such taxes
shall be levied and collected as other county taxes, but the road
district taxes shall be in addition to the maximum of all other county
taxes which the county is now or may hereafter be authorized by law to
levy. The tax levies authorized in this Section shall not be extended in
counties having less than 1,000,000 inhabitants at a rate in excess of
.165% for the road tax, unless the maximum rate has been increased as
provided in Section 6-512.1, and .05% for the bridge tax, both figures
based on the value of all the taxable property within the county, as
equalized or assessed by the Department of Revenue, or
.01% in counties having 1,000,000 or more inhabitants, of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property within the county; however, 1/2 of the County Unit
Road District Road tax levied under this Section, on property lying
within a municipality in which the streets and alleys are under the care
of the municipality, shall, when collected, be paid over to the
treasurer of the municipality to be appropriated to the improvement of
roads, streets and bridges therein. In determining the amount of tax
necessary to be raised and levied, the county board shall state
separately the several amounts to be raised and levied for the
construction of roads, the construction and maintenance of bridges and
drainage structures, the purchase of machinery, the repair of machinery,
the oiling of roads and the prevention and extirpation of weeds.
All tax moneys collected as a result of the levies authorized by this
Section shall be deposited in separate county unit road district
accounts known, respectively, as the "county unit road district road
fund" and the "county unit road district bridge and drainage fund". The
county treasurer shall be custodian of these funds, but the road
district funds shall be maintained separate and apart from the general
county fund.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(605 ILCS 5/6-512.1) (from Ch. 121, par. 6-512.1)
Sec. 6-512.1.
Upon a petition signed by not less than 5% of the legal voters of a
county having established or establishing a county unit road district
and directed to the county clerk, requesting a referendum on the
question of increasing the rate of the road tax to a rate not exceeding
.33%, the county clerk shall certify that proposition to the proper election
officials who shall submit at an election such proposition to increase the
rate of the road tax. Such election shall be held and notice given in accordance
with the general election law.
The proposition shall be in substantially the following form:
Shall the present maximum rate of.165% of the value as equalized or YESassessed by the Department of Revenueon the taxable property of.... County for county unit road purposes be increasedto a maximum rate (here state proposed NOincreased rate) on such taxable property?
If a majority of all ballots cast on the proposition is
in favor of the increase in the tax rate, the county clerk shall certify
the results of the election to the county board. The county board shall
have authority to levy a tax for the purpose stated after certification,
all other tax levies for township or district road districts or county
unit districts shall be nullified.
(Source: P.A. 81-1509.)
|
(605 ILCS 5/6-513) (from Ch. 121, par. 6-513)
Sec. 6-513.
The county board, in any county having the commission
form of government in which a county unit road district is established,
may issue bonds of the county in an amount not exceeding 2.875% of the
value, as equalized and assessed by the Department of Revenue, of the
property in such county or, until January 1, 1983, if
greater, the sum that is produced by multiplying the county's 1978
equalized assessed valuation by the debt limitation percentage in effect
on January 1, 1979, for the purpose of constructing county unit district
roads. However, the question of issuing such county bonds shall first be
submitted to the legal voters of such county at an election. The county
board shall adopt a resolution to
submit the question of issuing such bonds to a vote, specifying therein
the particular roads or bridges to
be constructed, the type of construction to be made on each section of
such roads or on such bridges, the proposed widths of the roadway,
together with an estimate of the cost of such construction. The county
board shall certify the resolution to the proper election officials, who
shall submit at an election such proposition in accordance with the general
election law. Notice of
the referendum shall be given and the referendum shall be held
in accordance with the general election law
of the State. The proposition shall be in substantially
the following form:
Shall county bonds for county YESunit district roads 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 may at once issue the bonds and take
the necessary steps to construct the roads provided for. Such bonds
shall be issued to mature within 20 years from the date of issue, shall
be upon such terms and conditions and shall bear such rate of interest
not in excess of the amount permitted pursuant to "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, as shall be fixed
by the county board. Such bonds
shall be sold upon competitive bids; and the county board may, if it is
of the opinion that the bids are unsatisfactory, reject the same and
re-advertise and solicit other bids. At the time or before issuing any
such bonds, the county board shall adopt a resolution fixing the details
of such bonds and providing for the levy of a direct annual tax to pay
the principal and interest on such bonds as the same become due. A
register of all bonds so issued shall be kept in the office of the
county clerk, and it shall be the duty of the county clerk to annually
extend a tax upon all the taxable property of the county sufficient to
pay the interest and principal on such bonds, as the same shall become
due. Such tax shall not be subject to any limitation as to rate or
amount. However, if it has been certified to the county clerk that funds
from other sources have been allocated and set aside for the purpose of
paying the principal or interest, or both, of such bonds, the county
clerk shall, in extending the tax and fixing the rate of tax under this
Section make proper allowance and reduction in such extension of tax
and tax rate to the extent of the funds so certified to be available for
the payment of such principal or interest, or both.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(605 ILCS 5/6-514) (from Ch. 121, par. 6-514)
Sec. 6-514.
Whenever any county has elected to abandon township
organization and the newly elected county board has created road districts
as provided by law, and any township therein which has boundaries that were
the same as the boundaries of a road district so created, has outstanding
bonds for road purposes, and which bonds, or any part thereof, are past due
and no funds are available to pay the same, then such county board may,
upon the petition of the highway commissioner and road district clerk of
such road district, omit the levy of taxes to pay such debts as
contemplated by Section 25-25 of the Township
Code, provided such highway
commissioner and road district clerk shall
proceed to authorize, issue and exchange, as contemplated by Sections 6-515
through 6-522 of this Article of this Code, refunding bonds for such
past due road bonds of the township. When any such refunding bonds are
proposed to be issued, a plan therefor shall be submitted to the county
board and such refunding bonds shall not be issued unless such plan shall
have been approved by such board.
If such refunding bonds shall not have been issued as contemplated by
such plan within one year subsequent to the date of presentation of the
plan to the board, then the county board shall cause taxes to be levied and
extended against all of the taxable property situated within the territory
which previously constituted such township in an amount sufficient to pay
principal of and interest on such past due bonds. However, if the refunding
bonds are issued, then the county board shall not levy taxes to pay such
indebtedness, but the county clerk annually in manner and form provided by
law shall cause taxes to be extended, and same shall be collected in
amounts sufficient to pay such refunding bonds so issued by the highway
commissioner and road district clerk as herein contemplated.
If such highway commissioner and road district clerk petition such board
for authority to issue refunding bonds to take up and retire any bonds
issued by such prior existing township which are not then due, such
officers shall have authority to issue such refunding bonds if the county
board shall find that it is for the best interests of such road district
that same be issued. Such refunding bonds to take up and retire bonds not
then due shall be issued pursuant to procedure similar to that herein
provided for the issuance of refunding bonds to take up and retire past due
bonds.
Nothing herein contained shall be construed to impair the obligation of
outstanding township road bonds.
(Source: P.A. 88-670, eff. 12-2-94.)
|
(605 ILCS 5/6-515) (from Ch. 121, par. 6-515)
Sec. 6-515.
The highway commissioner and the road district clerk of any
road district, without submitting the question to the electors thereof for
approval, may authorize by resolution the issuance of refunding bonds (1)
to refund its bonds prior to their maturity; (2) to refund its unpaid
matured bonds; (3) to refund matured coupons evidencing interest upon its
unpaid bonds; (4) to refund interest at the coupon rate upon its unpaid
matured bonds that has accrued since the maturity of those bonds; and (5)
to refund its bonds which by their terms are subject to redemption before
maturity.
The refunding 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.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
|
(605 ILCS 5/6-516) (from Ch. 121, par. 6-516)
Sec. 6-516.
The resolution authorizing the refunding bonds shall prescribe
all details thereof and shall provide for the levy and collection of a
direct annual tax upon all the taxable property within the road district
sufficient 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 road district. Tax limitations
applicable to the road district provided by other statutes of this State
shall not apply to taxes levied for payment of these refunding bonds.
A certified copy of the bond resolution shall be filed with the county
clerk of the county in which the road district or any portion thereof is
situated, and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
constitution.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-517) (from Ch. 121, par. 6-517)
Sec. 6-517.
The refunding bonds may be exchanged for the bonds to be
refunded on the basis of dollar for dollar for the par value of the bonds,
interest coupons, and interest not represented by coupons, if any, or they
may be sold at not less than their par value and accrued interest. The
proceeds received from their sale shall be used to pay the bonds, interest
coupons, and interest not represented by coupons, if any. This payment may
be made without any prior appropriation therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-518) (from Ch. 121, par. 6-518)
Sec. 6-518.
The refunding 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 highway commissioner and the road district clerk of
the road district in the bond resolution. 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.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and there is sufficient money on hand to set aside a
sum of money equal to the amount of interest that will accrue on the
refunding bonds, and a sum of money equal to the amount of principal that
will become due thereon, within the next 6 months period, the treasurer of
the road district shall use the money available from the proceeds of taxes
levied for the payment of the refunding bonds in calling them for payment,
if, by their terms, they are subject to redemption. However, a road
district may provide in the bond resolution that, whenever the road
district is not in default in payment of the principal of or interest upon
the refunding bonds and has set aside the sums of money provided in this
paragraph for interest accruing and principal maturing within the next 6
months period, the money available from the proceeds of taxes levied for
the payment of refunding bonds shall be first used in the purchase of the
refunding bonds at the lowest price obtainable, but not to exceed their par
value and accrued interest, after sealed tenders for their purchase have
been advertised for as may be directed by the corporate authorities
thereof.
Refunding bonds called for payment and paid or purchased under this
section shall be marked paid and cancelled.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-519) (from Ch. 121, par. 6-519)
Sec. 6-519.
Whenever any refunding bonds are purchased and cancelled, as
provided in Section 6-518, 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 the interest that would
have thereafter accrued upon the refunding bonds so cancelled, if a
resolution has been adopted by the highway commissioner and the road
district clerk of the road district finding these facts and a certified
copy of the resolution has been filed with the county clerk specified in
Section 6-516.
Whenever refunding bonds are issued, proper reduction of taxes
theretofore levied for the payment of the bonds refunded and next to be
extended for collection, shall be made by the county clerk upon receipt of
a certificate signed by the clerk of the road district, showing the bonds
refunded and the tax to be abated.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-520) (from Ch. 121, par. 6-520)
Sec. 6-520.
Money which becomes available from taxes that were levied for
prior years for payment of bonds or interest coupons that were paid or
refunded before those taxes were collected, after payment of all warrants
that may have been issued in anticipation of these taxes, shall be placed
in the sinking fund account provided in this section. It shall be used to
purchase, call for payment, or to pay at maturity refunding bonds and
interest thereon as herein provided.
Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the road district, designated the "Refunding Bond and
Interest Sinking Fund Account of ....". This fund shall be applied to the
purchase or payment of refunding bonds and the interest thereon.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the highway commissioner and the
road district clerk of the road district, the money may be invested by the
treasurer of the road district in bonds or other interest bearing
obligations of the United States or in bonds of the State of Illinois, the
maturity date of which securities shall be prior to the due date of any
issue of refunding bonds of the road district. The highway commissioner and
the road district clerk may sell these securities whenever necessary to
obtain cash to meet bond and interest payments.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-521) (from Ch. 121, par. 6-521)
Sec. 6-521.
The highway commissioner and the road district clerk of a road
district may take any action necessary to inform the owners of unpaid bonds
regarding the financial condition of the road district, the necessity of
refunding its unpaid bonds and readjusting the maturities thereof in order
that sufficient taxes may be collected to purchase or pay for the bonds.
The highway commissioner and the road district clerk may enter into any
agreement required to prepare and carry out any refunding plan and, without
any previous appropriation therefor under any budget law, may incur and pay
expenditures necessary in order to accomplish the refunding of the bonds of
the road district.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-522) (from Ch. 121, par. 6-522)
Sec. 6-522.
Sections 6-515 through 6-521 of this Code shall apply to any
road district other than a county unit road district, regardless of the law
under which it is organized and operating, and shall constitute complete
authority for issuing refunding bonds as herein provided without reference
to other laws and shall be construed as conferring powers in addition to,
but not as limiting powers granted under, other laws.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/Art. 6 Div. 6 heading) DIVISION 6.
GRAVEL, ROCK, MACADAM AND OTHER TOWNSHIP AND DISTRICT ROAD
IMPROVEMENT BY SPECIAL TAX
|
(605 ILCS 5/6-601) (from Ch. 121, par. 6-601)
Sec. 6-601.
(a) On the petition of 25 legal voters of any road district
to the district clerk he shall order a referendum on the proposition for or
against an annual tax not to exceed .167% of the value of the taxable
property, as equalized or assessed by the Department of Revenue, 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. Such
petition shall state the location and route of the proposed road or
roads, and shall also state the annual rate per cent not exceeding .167%
of the value, as equalized or assessed by the Department of Revenue. The
referendum shall be held at the next annual town meeting, at a special
town meeting called for that purpose, or at an election in
accordance with the general election law. If the referendum is ordered
to be held at the town meeting, or at a special town meeting called for
that purpose, the district clerk shall give notice that
at the next annual town meeting or special town meeting the proposition
shall be voted upon. Such notice shall set forth the proposition and shall
be given by publication in a newspaper of general circulation in the
township and by posting notices in at least 10 of the most public places in
the town at least 10 days prior to the annual or special meeting. If the
referendum is ordered to be held at an election, the district clerk shall
certify that proposition to the proper election officials, who shall submit
the proposition in accordance with the general election law.
The proposition shall be substantially in the following
form:
Shall a special YEStax for road purposes be levied? NO
(b) The preceding rate of .167% of the value of the taxable property,
as equalized or assessed by the Department of Revenue, may be increased to
.25% when authorized by a referendum held in accordance with the general election law.
(Source: P.A. 86-710.)
|
(605 ILCS 5/6-602) (from Ch. 121, par. 6-602)
Sec. 6-602.
If a majority of all the ballots cast at such election on such
proposition are in favor of such special tax, then the township board of
trustees or highway board of trustees,
as the case may be, or the
highway commissioner in a county not under township organization of the
road district shall levy an annual tax in accordance with such vote and
certify the same to the county clerk. This certification may occur at any time after the election. That board of trustees or
commissioner shall also cause a copy of such certificate of levy to be
filed in the office of the district clerk as provided in Section 6-502
of this Code. The county clerk shall cause such levy, thus certified to
him to be extended on the tax books for the current year and for each
succeeding year as other taxes are extended. The highway commissioner of
the road district may
also receive donations in money, labor, materials or other valuable
things to aid in such road construction.
Such special tax levy shall remain in effect until repealed by the legal
voters of the road district, as provided in Section 6-617 of this Code.
(Source: P.A. 98-454, eff. 8-16-13.)
|
(605 ILCS 5/6-603) (from Ch. 121, par. 6-603)
Sec. 6-603.
The county clerk, when making out the tax books for the
State and county tax for the collector, shall in each year extend the special tax in
separate columns against each taxpayer's name or taxable property in the
district, as other taxes are extended, which shall be collected the same
as State and county taxes, and known as the permanent road fund of the
district; provided that such special tax shall not be extended in any
road district located in any county in which a county unit road district
has been established after the effective date, as provided in Section
6-125 of this Code, upon which the county takes over and becomes
responsible for the construction, maintenance and repair of all county
unit district roads in such county.
(Source: P.A. 81-821.)
|
(605 ILCS 5/6-604) (from Ch. 121, par. 6-604)
Sec. 6-604.
The treasurer of the district, before receiving any of such
fund provided for in this Division of this Code, shall execute a good and
sufficient bond, with two or more sureties, to be filed with the district
clerk for the benefit of the district, in double the amount which will
probably come into his hands by virtue of this Division of this Code if
individuals act as sureties on such bond or in the amount only of such
moneys if a surety company authorized to do business in this State acts as
surety on such bonds.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-605) (from Ch. 121, par. 6-605)
Sec. 6-605.
The tax, when collected shall be paid to such treasurer as fast
as collected, except such rate per cent as shall be allowed for collecting
the same and such tax shall be known and kept as the permanent road fund of
the district.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-615) (from Ch. 121, par. 6-615)
Sec. 6-615.
Whenever a special tax shall have been levied under the
provisions of this Division of this Code, the highway commissioner of any
road district may, by agreement with the corporate authorities of any
municipality of less than 20,000 population, extend any road improved under
the provisions of this Division of this Code within or through the
corporate limits of such municipality. The provisions of this Section shall
also apply to any municipality of more than 20,000 population when a
portion of such municipality lies within the road district and the
population of such portion does not exceed 20,000. However, such extension
within such municipality shall be of the same cost and kind of material as
the road outside such municipality, to be paid for out of such special tax
and after completion to be maintained by the corporate authorities of such
municipality at the cost of such municipality.
(Source: Laws 1959, p. 933.)
|
(605 ILCS 5/6-616) (from Ch. 121, par. 6-616)
Sec. 6-616.
All surplus funds remaining in the hands of the treasurer of
the district after the completion of the construction of any road provided
for under this Division of this Code, shall be turned over to the regular
road fund of such road district except so much thereof as the highway
commissioner may order retained for the purpose of repairing such permanent
road.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-617) (from Ch. 121, par. 6-617)
Sec. 6-617.
To repeal the special tax, once levied, 25 legal voters of
the road district shall petition the district clerk. Such petition shall
contain a request for a referendum. The district clerk shall order a
referendum on such proposition at the next annual town meeting, or at
an election in accordance with the general
election law. If the referendum is ordered to be held at the town meeting,
the district clerk shall give notice that at the next annual town meeting
the proposition shall be voted upon. Such notice shall set forth the proposition
and shall be given by publication in a newspaper of general circulation
in the township and by posting notices in at least 10 of the most public
places in the town at least 10 days prior to the annual meeting. If the
referendum is ordered to be held at an election, the district clerk shall
certify that proposition to the proper election officials, who shall submit
the proposition in accordance with the general election law.
Provided, that after
a referendum is held in accordance with this Section, at least 12 months
must elapse before another referendum may be held for the same purpose.
The question shall be substantially in the following form:
Shall the special YEStax for road purposes be repealed? NO
If a majority of the vote cast on the question is in favor of such tax,
then the township board of auditors or highway board of auditors, as the
case may be, or the highway board of auditors in counties not under township
organization, may levy an annual tax under the provisions of this Section.
(Source: P.A. 82-11.)
|
(605 ILCS 5/6-620) Sec. 6-620. Validation of certain levies. (a) Any road district tax that was authorized by the electors at an annual or special town meeting during the years 1975 through 1979 for a period not exceeding 5 years, but that was not re-authorized within 5 years after it was authorized due to Public Acts 81-779, 81-821, and 81-1509, which repealed the 5-year limitation, is hereby validated for all tax levy years subsequent to 1980 only to the extent that the authority to tax did not automatically expire after 1980. (b) Any road district tax that was levied prior to 1980 shall not be subject to the requirements of subsection (b) of Section 30-20 of the Township Code if that tax was or is: (i) re-authorized by the electors at an annual or | ||
| ||
(ii) levied at least once during the 3-year period | ||
| ||
(Source: P.A. 94-692, eff. 11-3-05.) |
(605 ILCS 5/Art. 6 Div. 7 heading) DIVISION 7.
USE OF MOTOR FUEL TAX FUNDS
|
(605 ILCS 5/6-701) (from Ch. 121, par. 6-701)
Sec. 6-701.
Motor fuel tax funds allocated for use in road districts shall be
used for one or more of the purposes stated in Sections 6-701.1 through
6-701.9.
(Source: P.A. 80-691.)
|
(605 ILCS 5/6-701.1) (from Ch. 121, par. 6-701.1)
Sec. 6-701.1.
(a) The construction of any township or district road located within the
road district.
(b) The construction of grade separations and approaches thereto which
avoid or replace grade crossings at intersections of township or district
roads and railroad tracks.
The highway commissioners of the several road districts, in cooperation
with the county superintendent of highways of their respective counties,
shall select the roads and grade separations to be constructed with motor
fuel tax funds. In the selection of roads, preference shall be given to
public school bus routes and rural free delivery mail routes. The county
superintendent of highways, in cooperation with the respective highway
commissioners, shall prepare, or cause to be prepared maps showing the
roads and grade separations selected and shall prepare the necessary plans,
specifications and estimates of cost of such construction, all of which
shall be submitted to the Department for approval. The type of construction
selected shall be adequate for present or reasonably anticipated traffic
needs as determined by the county superintendent of highways and the
respective highway commissioners and approved by the Department.
The construction provided for in this Section may be done by contract or
day labor with county or road district equipment and forces as the county
superintendent of highways and the respective highway commissioners may
determine. Contracts shall be advertised for and let by the county board to
the lowest responsible bidder subject to the approval of the highway
commissioner and such contracts also shall be subject to approval by the
Department. The construction work shall be carried on under the immediate
supervision of the highway commissioner and under the general supervision
of the county superintendent of highways and all work upon such projects
shall be subject to approval by the Department.
In any county in which a county unit road district has been created the
county superintendent of highways for such county shall perform all of the
functions of a highway commissioner under this Section with respect to the
district roads in such county.
(Source: P.A. 77-1628.)
|
(605 ILCS 5/6-701.2) (from Ch. 121, par. 6-701.2)
Sec. 6-701.2.
Maintenance of any township or district road as defined in Section 2-103
or any grade separation constructed as provided in Section 6-701.1, subject
to the approval of the county superintendent of highways and the
Department.
Maintenance work may be done with county or road district equipment or
forces as the county superintendent of highways and the respective highway
commissioners may determine. If any road or grade separation constructed in
any road district as provided in this Section is not maintained in a manner
satisfactory to the Department and the county, no further funds shall be
expended in such road district until such road or grade separation is so
maintained or provision for such maintenance is made.
(Source: P.A. 78-819.)
|
(605 ILCS 5/6-701.3) (from Ch. 121, par. 6-701.3)
Sec. 6-701.3.
Payment of administration and engineering costs which the
county superintendent of highways may incur, with the approval of the
county board, to carry out his duties under the provisions of Sections
6-701.1, 6-701.2 or 6-701.4 of this Code. The administration and
engineering services may be paid out of any funds available in the county
treasury, but not including motor fuel tax funds advanced to the county
under the provisions of Sections 5-701.1 to 5-701.7, inclusive, of this
Code, and reimbursement shall be made either (1) on an actual cost basis of
such administration and engineering services, or (2) on a fixed per cent of
the construction or maintenance costs, such procedure and actual cost basis
or per cent to be subject to approval by the Department.
(Source: Laws 1959, p. 1189.)
|
(605 ILCS 5/6-701.4) (from Ch. 121, par. 6-701.4)
Sec. 6-701.4.
With the approval of the Department, the payment of any indebtedness
hereafter incurred in the construction of any road or grade separation
selected under the provisions of Section 6-701.1 as a road or grade
separation to be constructed under Section 6-701.1 and the payment of
engineering costs incurred in connection therewith; but if the road
district desires to use motor fuel tax funds for this purpose it shall
follow the same procedure in expending moneys secured in the creation of
the indebtedness as if the construction was to be paid for directly with
motor fuel tax funds under the provisions of Section 6-701.1.
(Source: P.A. 77-1628.)
|
(605 ILCS 5/6-701.5) (from Ch. 121, par. 6-701.5)
Sec. 6-701.5.
Any township may also turn over a portion of the money
allotted to it to a local Mass Transit District if the township is a
participating municipality in such District pursuant to the "Local Mass
Transit District Act" enacted by the Seventy-first General Assembly.
(Source: Laws 1959, p. 1801.)
|
(605 ILCS 5/6-701.6) (from Ch. 121, par. 6-701.6)
Sec. 6-701.6.
With the approval of the Department of Transportation, the payment of
the principal and interest on bonds issued for construction or improvement
of township or district roads or grade separations located within the road
district. If the road district desires to use motor fuel tax funds for this
purpose it shall follow the same procedure in expending moneys secured in
the creation of the indebtedness as if the construction or improvement was
to be paid for directly with motor fuel tax funds under the provisions of
Section 6-701.1 of this Code.
(Source: P.A. 78-255.)
|
(605 ILCS 5/6-701.7) (from Ch. 121, par. 6-701.7)
Sec. 6-701.7.
The placement, erection and maintenance of signs or surface markings or
both to indicate officially designated bicycle routes along township or
district roads.
(Source: P.A. 77-734.)
|
(605 ILCS 5/6-701.8) (from Ch. 121, par. 6-701.8)
Sec. 6-701.8.
The formula allocation for township and road districts for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the highway commissioner, subject
to the conditions set out in Sections 6-301, 6-701.1 and 6-701.2 as
respects the methods, equipment and materials appropriate for such
maintenance or improvement, and, in township counties, with the approval
of the board of town trustees, for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such road improved becomes, by operation of law, a part of the township
and district road system providing such road meets standards as
established by the county. In township counties, the board of town
trustees shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation attributable
to this amendatory Act of 1979 and any subsequent amendatory Act plus
50% of such funds otherwise allocated under the formula as
provided in Section 8 in the "Motor Fuel Tax Law" and subsequently
approved as provided in this Section, may be expended on eligible
nondedicated subdivision roads. Funds may also be derived from other road district sources, not to exceed the amount that would be allocated under the motor fuel tax fund formula.
(Source: P.A. 99-171, eff. 1-1-16.)
|
(605 ILCS 5/6-701.9) (from Ch. 121, par. 6-701.9)
Sec. 6-701.9.
The township's share of any project constructed under Section
3-104.3 of this Code.
(Source: P.A. 80-691.)
|
(605 ILCS 5/6-702) (from Ch. 121, par. 6-702)
Sec. 6-702.
Payment of money to each county by the Department of Transportation
for the purposes stated in Sections 6-701.1 through 6-701.8, shall be made
as soon as possible after the allotment is made. Such money shall be utilized
by the county in accordance with the needs of the county in a manner satisfactory
to the Department.
However, if any county, after having been given reasonable notice by the
Department, fails to expend motor fuel tax funds in a manner satisfactory
to the Department, no further payment of motor fuel tax funds shall be made
to such county for construction or maintenance purposes until it corrects
its unsatisfactory use of motor fuel tax funds.
(Source: P.A. 78-1252; 78-1274.)
|
(605 ILCS 5/Art. 6 Div. 8 heading) DIVISION 8.
PROPERTY ACQUISITION
AND DISPOSITION
|
(605 ILCS 5/6-801) (from Ch. 121, par. 6-801)
Sec. 6-801.
The highway commissioner may acquire any lands, rights or other
property necessary for the construction, maintenance or operation of any
township or district road or necessary for the locating, relocating,
widening, altering, extending or straightening thereof, by purchase or gift
or, if the compensation or damages cannot be agreed upon, by the exercise
of the right of eminent domain under the eminent domain laws of this State.
The highway commissioner shall not be required to furnish bond in any
eminent domain proceeding.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-802) (from Ch. 121, par. 6-802)
Sec. 6-802.
When the highway commissioner deems it necessary to build,
widen, alter, relocate or straighten any ditch, drain or watercourse in
order to drain or protect any road or road structure he is authorized to
construct, maintain or operate, or when he deems it necessary to acquire
materials for the construction, maintenance or operation of any such road,
he may acquire the necessary property, or such interest or right therein as
may be required, by gift or purchase or, if the compensation or damages
cannot be agreed upon, by the exercise of the right of eminent domain under
the eminent domain laws of this State. The highway commissioner shall not
be required to furnish bond in any eminent domain proceeding.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-803) (from Ch. 121, par. 6-803)
Sec. 6-803.
For the purpose of making surveys and the determination of the
amount of property necessary to be taken or damaged in connection with any
township or district road project, the highway commissioner, his agents or
employees, after notice to the owner, may enter upon the lands or waters of
any person or corporation, but subject to responsibility for all damages
that may be occasioned thereby.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-803.1) (from Ch. 121, par. 6-803.1)
Sec. 6-803.1.
Surplus public real estate.
A road district may sell surplus
real estate owned by the district as provided in this Section.
(a) In road districts in counties under township organization, at
an annual or special township meeting the electors of the road district by
resolution may authorize the sale of surplus public real estate owned by the
road district. The value of the real estate shall be determined by a written
MAI certified appraisal or by a written certified appraisal of a State
certified or licensed real estate appraiser. The appraisal shall be
available for public inspection. The resolution may direct the sale to be
conducted by the highway commissioner or a person designated by the highway
commissioner or by listing the real estate with local licensed
real estate agencies (in which case the terms of the agent's compensation
shall be included in the resolution). The resolution shall be published at
the first opportunity following passage in a newspaper published in the
road district or, if there is none, then in a newspaper published in
the county in which the road district is located. The resolution shall also
contain pertinent information concerning the size, use, and zoning of the real
estate and the terms of sale. The highway commissioner may accept any contract
proposal he determines to be in the best interest of the township, but in no
event shall the real estate be sold at a price less than 80% of its appraised
value.
(b) In road districts in counties not under township organization,
the highway commissioner may sell surplus public real estate owned by the road
district. The value of the real estate shall be determined by a written MAI
certified appraisal or by a written certified appraisal of a State certified or
licensed real estate appraiser. The appraisal shall be available for public
inspection. The sale may be conducted by the highway commissioner or a person
designated by the highway commissioner or by listing the real estate
with local licensed real estate agencies. A notice of the highway
commissioner's intent to sell the real estate shall be published at the first
opportunity in a newspaper published in the road district or, if there is none,
then in a newspaper published in the county in which the road district is
located. The notice shall also contain pertinent information concerning the
size, use, and zoning of the real estate and the terms of sale (including the
terms of the real estate agent's compensation, if applicable). The highway
commissioner may accept any contract proposal he determines to be in the best
interest of the road district, but in no event shall the real estate be sold at
a price less than 80% of its appraised value.
(Source: P.A. 87-1208.)
|
(605 ILCS 5/6-804) (from Ch. 121, par. 6-804)
Sec. 6-804.
When in any county a county unit road district has been
created, the county has the powers provided in Division 8 of Article 5 of
this Code to acquire property and rights therein for district road
purposes.
(Source: Laws 1959, p. 196.)
|
(605 ILCS 5/6-805)
Sec. 6-805.
Township road districts.
Township road districts may acquire
the fee simple title, or any lesser interest the district desires, to any land,
rights, or other property incidental to road district purposes by purchase or
gift.
(Source: P.A. 90-439, eff. 8-16-97.)
|
(605 ILCS 5/Art. 6 Div. 9 heading) DIVISION 9.
STATE FUNDING OF ROAD DISTRICT BRIDGES
|
(605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
Sec. 6-901.
Annually, the General Assembly shall appropriate to the
Department of Transportation from the road fund, the general revenue
fund, any other State funds or a combination of those funds, $60,000,000
for apportionment to counties for the use of road districts for the
construction of bridges 20 feet or more in length, as provided in
Sections 6-902 through 6-905.
The Department of Transportation shall apportion among the several
counties of this State for the use of road districts the amounts
appropriated under this Section. The amount apportioned to a county
shall be in the proportion which the total mileage of township or
district roads in the county bears to the total mileage of all township
and district roads in the State. Each county shall allocate to the
several road districts in the county the funds so apportioned to the
county. The allocation to road districts shall be made in the same
manner and be subject to the same conditions and qualifications as are
provided by Section 8 of the "Motor Fuel Tax Law", approved March 25,
1929, as amended, with respect to the allocation to road districts of
the amount allotted from the Motor Fuel Tax Fund for apportionment to
counties for the use of road districts, but no allocation shall be made
to any road district that has not levied taxes for road and bridge
purposes and for bridge construction purposes at the maximum rates
permitted by Sections 6-501, 6-508 and 6-512 of this Act, without
referendum. "Road district" and "township or district road" have the
meanings ascribed to those terms in this Act.
Road districts in counties in which a property tax extension limitation is
imposed under the Property Tax Extension Limitation Law that are made
ineligible for receipt of this appropriation due to the imposition of a
property tax extension limitation may become eligible if, at the time the
property tax extension limitation was imposed, the road district was levying at
the required rate and continues to levy the maximum allowable amount
after the imposition of the property tax extension limitation. The road
district
also becomes
eligible if it levies at or above the rate required for eligibility by Section
8 of the
Motor Fuel Tax Law.
The amounts apportioned under this Section for allocation to road
districts may be used only for bridge construction as provided in this
Division. So much of those amounts as are not obligated under Sections
6-902 through 6-904 and for which local funds have not been committed
under Section 6-905 within 48 months of the date
when such apportionment is
made lapses and shall not be paid to the county treasurer for
distribution to road districts.
(Source: P.A. 103-8, eff. 6-7-23.)
|
(605 ILCS 5/6-902) (from Ch. 121, par. 6-902)
Sec. 6-902.
The highway commissioners of the several road districts,
in cooperation with the county superintendent of highways of their respective
counties, shall select the bridges to be constructed with moneys allocated
under Section 6-901. In the selection of
bridges, the highest priority shall be given to the safe and expeditious
transportation of school pupils. The second priority shall be the movement
of agricultural equipment and products; the third priority shall be given rural
free delivery mail routes; and, the fourth priority shall be meeting the
anticipated traffic needs of the general public. The county superintendent
of highways, in cooperation
with the respective highway commissioners, shall prepare, or cause to be prepared maps
showing the bridges selected and shall prepare or cause to be prepared the
necessary plans, specifications and estimates of cost of such construction, all
of which shall be submitted to the Department for approval. The type of
construction selected shall be adequate for present or reasonably anticipated
traffic needs as determined by the county superintendent of highways and the
respective highway commissioners and approved by the Department.
(Source: P.A. 79-1491.)
|
(605 ILCS 5/6-903) (from Ch. 121, par. 6-903)
Sec. 6-903.
With the approval of the Department,
a road district may use funds allocated under Section 6-901 for the payment
of any indebtedness incurred after the effective date of this amendatory
Act of 1976, in the construction of any bridge selected under Section 6-902
as a bridge to be constructed under Section 6-902 and the payment of
engineering costs incurred in connection therewith; but if the road
district desires to use such allocated funds for this purpose it shall follow
the same procedure in
expending moneys secured in the creation of the indebtedness as if the
construction was to be paid for directly with funds under Section 6-902.
(Source: P.A. 79-1491.)
|
(605 ILCS 5/6-904) (from Ch. 121, par. 6-904)
Sec. 6-904.
The Department of
Transportation shall notify the county superintendent of highways of each
county of the apportionment and allotment under Section 6-901 for the purposes
stated in Sections 6-901, 6-902 and 6-903, as soon as possible after the
allotment is made. Any payment made pursuant to such apportionment may
be utilized by the county in accordance with the needs of the county in a
manner satisfactory to the Department. However, if any county, after
having been given reasonable notice by
the Department, fails to expend such
funds in a manner
satisfactory to the Department, no further payment of such funds shall be
made to such county for bridge construction purposes until it corrects its
unsatisfactory use of such funds.
(Source: P.A. 79-1491.)
|
(605 ILCS 5/6-905) (from Ch. 121, par. 6-905)
Sec. 6-905.
The amount of grant
for an approved road district project shall require at least $1 of local funds
committed to the project for each $4 that may be allocated under Section
6-901.
(Source: P.A. 81-1509.)
|
(605 ILCS 5/6-906) (from Ch. 121, par. 6-906)
Sec. 6-906.
So much of the amount apportioned to a county under
Section 6-901 that is obligated under Sections 6-902 through 6-904 and
for which local funds have been committed under Section 6-905, within 4
years from the date the apportionment is made, shall, upon
certification by the Department, be paid to the county treasurer, who
shall apply those funds to the payment of such obligations. Any funds
allocated to a county under Section 6-901 that are not obligated within 48
months under Sections 6-902 through 6-904 shall revert to the Road Fund.
(Source: P.A. 98-244, eff. 8-9-13.)
|