(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.)
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(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, | ||
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(2) the interested member publicly discloses the | ||
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(3) the interested member abstains from voting on the | ||
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(4) the contract is approved by a majority vote of | ||
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(5) the contract is awarded after sealed bids to the | ||
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(6) the award of the contract would not cause the | ||
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(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 | ||
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(2) the amount of the contract does not exceed | ||
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(3) the award of the contract would not cause the | ||
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(4) the interested member publicly discloses the | ||
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(5) the interested member abstains from voting on the | ||
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(6) no other vendor is available within a 25-mile | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(605 ILCS 5/Art. 6 Div. 5 heading) DIVISION 5.
TAXATION
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(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 | ||
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(2) Townships and district road systems, as a result | ||
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(3) Further, cost for maintenance and improvements | ||
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(4) To solve these problems, this Act makes changes | ||
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(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 | ||
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(2) in a consolidated township road district, at a | ||
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(3) in a road district in a county not having | ||
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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 district accumulate funds in the amount of $......... for ........ years YES for the purpose of acquiring, constructing, repairing and improving
buildings and procuring land therefor, and for procuring road NO maintenance apparatus and equipment and 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.)
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(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.)
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(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.)
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(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.)
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(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 rate of ....% (insert present maximum) of the value, as equalized or assessed YES by the Department of Revenue on the taxable property of ........
Township (or Townships) for road purposes be increased to a maximum NO rate (here state proposed increased 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.
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 .)
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(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.)
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(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 .)
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(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.)
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(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.)
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(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.)
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(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 YES purposes 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 .)
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(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.)
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(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.)
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(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 YES assessed by the Department of Revenue on the taxable property of.... County for
county unit road purposes be increased to a maximum rate (here state proposed NO increased 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 .)
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(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 YES unit 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 .)
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(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.)
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(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.)
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(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.)
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(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.)
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