State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0775

HB3990 Enrolled                                LRB9111760DHmb

    AN ACT concerning roadways.

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

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

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

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

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

    (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. 86-616.)

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

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

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