State of Illinois
91st General Assembly
Legislation

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91_HB3990

 
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 1        AN ACT concerning roadways.

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

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

 6        (35 ILCS 200/27-95 new)
 7        Sec.  27-95.  Special service area for privately owned or
 8    maintained roads in unincorporated areas.
 9        (a)  If an unincorporated area of a county under township
10    organization in subdivisions initially platted before January
11    l, 1959 contains at least 2  miles  of  streets  or  roadways
12    situated  entirely  within  a  township  and not owned by the
13    county or any other unit of government, and  if  the  streets
14    and  roadways,  including  related  drainage  facilities  and
15    appurtenances,  provide  access  for  police, fire, and other
16    emergency   vehicles,   the   highway   commissioner,    upon
17    consultation    with    the   county   engineer   or   county
18    superintendent of highways, may  propose  a  special  service
19    area   as  provided  in  this  Section  for  the  purpose  of
20    repairing, reconstructing, or maintaining those  streets  and
21    roadways,  and the corporate authorities of the county within
22    which the streets and roadways are located may levy or impose
23    additional taxes  upon  property  within  the  area  for  the
24    provision  of  special  services  and for the payment of debt
25    incurred in order to provide those special services; provided
26    that if the owners of 51% or more in the number of the  lots,
27    tracts,  and parcels of real estate that are to be subject to
28    the tax file a petition with the county clerk  agreeing  with
29    the  establishment  of  a  special  service  area,  then  the
30    corporate  authorities  of  the county shall proceed with the
31    establishment of the special service area. If a  petition  is
 
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 1    not  filed  or contains an insufficient number of signatures,
 2    the County Board  shall  proceed  no  further  and  the  same
 3    establishment  of  a  special service area shall not again be
 4    initiated for a period of one year.
 5        (b)  The county  engineer  or  county  superintendent  of
 6    highways   may  expend  county  highway  funds  in  providing
 7    consultation  to  a  highway  commissioner   concerning   the
 8    establishment of a special service area or its administration
 9    by the road district.
10        (c)  The  corporate  authorities  of the county may issue
11    bonds as provided in this  Code  to  fund  the  provision  of
12    special services within the boundaries of the special service
13    area.
14        (d)  The   highway   commissioner   shall   make  or  let
15    contracts, employ labor, and purchase materials and machinery
16    necessary  for  repairing,  reconstructing,  or   maintaining
17    streets   and   roadways   within   a  special  service  area
18    established as provided in this Section. The  cost  of  these
19    obligations  shall  be  reimbursed by the county with special
20    service area  tax  revenues  or  bond  proceeds,  subject  to
21    supervision  by  the county engineer or county superintendent
22    of highways as provided in the Illinois Highway Code.
23        (e)  The highway commissioner may propose an increase  in
24    the  tax  rate  whenever  available  funding is or may become
25    insufficient to meet the cost of providing  special  services
26    under  this  Section, provided notice is given and new public
27    hearings are held  in  accordance  with  Sections  27-30  and
28    27-35.  If a petition by at least 51% of the electors and 51%
29    of the owners of record is filed in accordance  with  Section
30    27-55  objecting  to a proposed increase in the tax rate, the
31    tax rate shall not be increased, and the road district  shall
32    have  no  further  obligation  beyond  available  funding  to
33    provide   any  services  for  repairing,  reconstructing,  or
34    maintaining streets and roadways within the  special  service
 
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 1    area.  Upon satisfaction of all bonded indebtedness and other
 2    obligations incurred in providing the special  services,  the
 3    special service area shall be dissolved.

 4        Section  10.   The  Illinois  Highway  Code is amended by
 5    adding Section 5-414 and by changing Sections 6-325 and 9-118
 6    as follows:

 7        (605 ILCS 5/5-414 new)
 8        Sec. 5-414. Permit  for  temporary  closing.  The  county
 9    engineer  may,  upon application by the proper authorities of
10    any governmental agency or person,  issue  a  permit  to  the
11    agency  or person to temporarily close to traffic any portion
12    of a county highway for any public purpose or  any  temporary
13    needs of the agency in accordance with regulations adopted by
14    the County Board.

15        (605 ILCS 5/6-325) (from Ch. 121, par. 6-325)
16        Sec.  6-325.   In  counties  having  less  than 3,000,000
17    inhabitants, roads or streets  in  platted  subdivisions  and
18    dedicated to public use shall be included in and incorporated
19    into the township or district road system without any hearing
20    or  petition  therefor  required by the preceding Sections of
21    this Division, when and if such roads or streets  conform  to
22    the rules, specifications and regulations regarding location,
23    width,  grades,  surface  and drainage structures prepared by
24    the county superintendent of  highways  and  adopted  by  the
25    county  board.  The highway commissioner shall determine when
26    such  dedicated  roads  and  streets  so  conform  and  shall
27    thereupon make an order to incorporate them into the township
28    or district road system and file one copy of  such  order  in
29    the office of the district clerk and one copy with the county
30    superintendent  of  highways.  If  the  highway  commissioner
31    refuses  or  fails  to  make  such an order, any 3 interested
 
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 1    persons may appeal to the county superintendent  of  highways
 2    to determine if such roads and streets so conform, and if his
 3    finding  is  favorable, he shall make an order to incorporate
 4    them into the township or district road system and shall file
 5    such order in the office of the district  clerk.  The  county
 6    board   may   adopt   alternate  and  less  stringent  rules,
 7    specifications,  and  regulations  prepared  by  the   county
 8    superintendent  of  highways  for roads and streets that were
 9    initially platted in subdivisions before January 1, 1959, but
10    not constructed, and these alternate  rules,  specifications,
11    and  regulations  shall be applicable in determining if these
12    roads and streets conform under this  Section  for  inclusion
13    into  the township or district road system. The county board,
14    by an affirmative  vote  of  at  least  three-fifths  of  all
15    members  of  the  county  board, may adopt alternate and less
16    stringent rules, specifications and regulations  prepared  by
17    the  County  Superintendent of Highways for roads and streets
18    that were initially constructed in platted subdivisions prior
19    to January 1, 1959, and such alternate rules,  specifications
20    and  regulations  shall  be applicable in determining if such
21    roads and streets comply under this Section  if  the  highway
22    commissioner  first  determines  that  such roads and streets
23    should be included in or incorporated into  the  township  or
24    district road system.
25        Roads  and streets which have been laid out and dedicated
26    to public use but which are not in  platted  subdivisions  or
27    which  are in a platted subdivision but do not conform to the
28    rules, specifications and  regulations  as  required  by  the
29    preceding  paragraph of this Section or are in a county which
30    has  not   established   such   rules,   specifications   and
31    regulations  may  be  included  in  and incorporated into the
32    township or district road system in  the  manner  hereinafter
33    specified  in  this Section. The proceedings for that purpose
34    shall be in accordance with the provisions of Sections  6-303
 
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 1    and  6-305  of  this  Code  with  reference to laying out new
 2    roads, except as hereinafter provided in  this  Section.  The
 3    petition shall pray that the roads or streets be incorporated
 4    into  the township or district road system. The provisions of
 5    Section 6-305 of this Code relative to notice and hearing are
 6    applicable to the proceedings except the notice  shall  state
 7    the  time  when  the  commissioner  will examine the roads or
 8    streets and hear reasons for or  against  incorporating  them
 9    into  the  township  or  district  road system and the notice
10    shall be posted  in  the  vicinity  of  the  road  or  street
11    described  in  the  petition. The provisions of Section 6-305
12    relative to the decision are applicable if the prayer of  the
13    petition  is  refused,  but  if  the  commissioner grants the
14    prayer of the petition, he shall  so  publicly  announce  and
15    shall  make an order to incorporate the roads or streets into
16    the township or district road system and shall, within 5 days
17    thereafter, file one copy of such order in the office of  the
18    district clerk and one copy with the county superintendent of
19    highways.
20        In case the highway commissioner denies the prayer of the
21    petition,  any  3 of the petitioners may appeal to the county
22    superintendent of highways by filing a notice of appeal  with
23    the  district  clerk  within  10  days  from  the date of the
24    decision appealed from, and in case the highway  commissioner
25    grants  the  prayer  of the petition any 3 land owners in the
26    district may appeal in like manner. In  case  of  appeal  the
27    clerk  shall  transmit  the  original  petition to the county
28    superintendent of highways, also the notice of  appeal.  Upon
29    receipt  of  the  same  the county superintendent of highways
30    shall fix a time and place  for  a  public  hearing  thereon,
31    giving  notice thereof and after the hearing shall render his
32    decision thereon and record and file the same in  the  manner
33    hereinbefore  provided  in  the case of the hearing upon such
34    petition by the highway commissioner of the district.
 
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 1        If no appeal is taken within  10  days  from  a  decision
 2    allowing  the  prayer  of  the  petition the roads or streets
 3    described in the petition shall be deemed to be  incorporated
 4    into the township or district road system.
 5        If  an  appeal  is taken from the decision of the highway
 6    commissioner and the county superintendent of highways allows
 7    the prayer of the petition the roads or streets described  in
 8    the  petition  shall  be  deemed  to be incorporated into the
 9    township or district road system,  upon  his  decision  being
10    filed with the clerk of the district.
11        In counties having more than 3,000,000 inhabitants, roads
12    or  streets  in  platted subdivisions and dedicated to public
13    use and roads  or  streets  which  have  been  laid  out  and
14    dedicated  to  public use may be included in and incorporated
15    into the township or  district  road  system  in  the  manner
16    specified  in  this Section, if such roads or streets conform
17    to  the  rules,  specifications  and  regulations   regarding
18    location,  width,  grades,  surface  and  drainage structures
19    established  by  the   highway   commissioner,   the   county
20    superintendent of highways and the county plan commission, if
21    any.
22        The  proceedings  for that purpose shall be in accordance
23    with the provisions of Sections 6-303,  6-304  and  6-305  of
24    this  Code  with reference to laying out new roads, except as
25    provided in this Section. The petition shall  pray  that  the
26    streets  or  roads  be  incorporated  into  the  township  or
27    district  road  system,  and  if  the petition is allowed the
28    decision  shall  order  that  the   streets   or   roads   be
29    incorporated  into  the township or district road system. The
30    provisions of Sections 6-306 and 6- 307 of this Code are  not
31    applicable  to  the  proceedings.  The  provisions of Section
32    6-305 of  this  Code  relative  to  notice  and  hearing  are
33    applicable  to  the proceedings except the notice shall state
34    the time when the commissioner will examine  the  streets  or
 
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 1    roads and hear reasons for or against incorporating them into
 2    the  township or district road system and the notice shall be
 3    posted in the vicinity of the street or road described in the
 4    petition. The provisions of Section  6-305  relative  to  the
 5    decision  are  applicable  if  the  prayer of the petition is
 6    refused, but not applicable if granted and in such  case  the
 7    provisions of this Section govern.
 8        In case the highway commissioner denies the prayer of the
 9    petition  any  3  of the petitioners may appeal to the county
10    superintendent of highways by filing a notice of appeal  with
11    the  district  clerk  within  10  days  from  the date of the
12    decision appealed from, and in case the highway  commissioner
13    grants  the  prayer  of the petition any 3 land owners in the
14    district may appeal in like manner.
15        In case of appeal the clerk shall transmit  the  original
16    petition  to  the county superintendent of highways, also the
17    notice of appeal.
18        Upon receipt of the same  the  county  superintendent  of
19    highways  shall  fix  a  time  and place for a public hearing
20    thereon, giving notice thereof and after  the  hearing  shall
21    render  his  decision  allowing  or denying the prayer of the
22    petition and endorse the same on the petition  and  file  the
23    same with the district clerk, within 5 days.
24        Any notice of appeal under the foregoing provisions shall
25    be  filed with the clerk within 10 days after the decision of
26    the highway commissioner.
27        If no appeal is taken from a decision allowing the prayer
28    of the  petition  the  streets  or  roads  described  in  the
29    petition shall be deemed to be incorporated into the township
30    or district road system.
31        If  an  appeal  is taken from the decision of the highway
32    commissioner and the county superintendent of highways allows
33    the prayer of the petition the streets or roads described  in
34    the  petition  shall  be  deemed  to be incorporated into the
 
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 1    township or district road system,  upon  his  decision  being
 2    filed with the clerk of the district.
 3        The  7  preceding  paragraphs of this Section shall apply
 4    only in counties having more than 3,000,000 inhabitants.
 5    (Source: P.A. 86-616.)

 6        (605 ILCS 5/9-118) (from Ch. 121, par. 9-118)
 7        Sec. 9-118. Any association, society, person  or  persons
 8    may,  upon  obtaining  a  permit from the highway authorities
 9    having jurisdiction over  the  particular  highway,  and  the
10    consent  in writing of the owners of adjacent property, plant
11    or set out trees, shrubs, plants or flowers in  or  upon  the
12    right-of-way  of any highway within this State, provided that
13    no such tree, shrub, or flower shall be permitted to obstruct
14    the vision of persons traveling upon or across such highways.
15    Consent in writing of the owners  of  the  adjacent  property
16    shall  not  be  mandatory,  as  the  highway  authority shall
17    determine, for plantings in a median or in those portions  of
18    a  highway  where direct access from the adjacent property is
19    not provided. The highway authority having  jurisdiction  may
20    place  suitable  signs  giving  notice  of  the  association,
21    society, person, or persons doing the planting.
22    (Source: Laws 1959, p. 196.)

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

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