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91_HB3990enr HB3990 Enrolled LRB9111760DHmb 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 HB3990 Enrolled -2- LRB9111760DHmb 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 HB3990 Enrolled -3- LRB9111760DHmb 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 HB3990 Enrolled -4- LRB9111760DHmb 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 HB3990 Enrolled -5- LRB9111760DHmb 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. HB3990 Enrolled -6- LRB9111760DHmb 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 HB3990 Enrolled -7- LRB9111760DHmb 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 HB3990 Enrolled -8- LRB9111760DHmb 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.