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Illinois Compiled Statutes
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ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 5 Div. 2
(605 ILCS 5/Art. 5 Div. 2 heading)
DIVISION 2.
COUNTY SUPERINTENDENT OF HIGHWAYS
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605 ILCS 5/5-201
(605 ILCS 5/5-201) (from Ch. 121, par. 5-201)
Sec. 5-201.
In each county with a population greater than
3,000,000, there shall be a county superintendent of highways. In each
county with a population less than 3,000,000, there shall be a county
engineer. On the effective date of this amendatory Act of 1991, in
every county with a population less than 3,000,000, the county engineer
shall succeed to all the powers and duties enjoyed by the county
superintendent of highways immediately before that date. On and after the
effective date of this amendatory Act of 1991, "county superintendent of
highways" means "county engineer" or "county superintendent of highways"
wherever it appears in this Code, unless a contrary intention is clearly
indicated.
In the appointment of a county engineer or superintendent of highways,
the county board and the Department shall proceed as follows:
(1) Should the board desire to reappoint the | | incumbent, it shall do so within 100 days before or after his term of office expires; however, prior to each reappointment, the board shall request and receive the consent of the Department to such reappointment, and the Department shall not withhold such consent except for incompetence or neglect of duty.
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(2) Should the board desire to appoint someone other
| | than the incumbent, it shall, within 100 days before or after the incumbent's term expires or a vacancy occurs, submit to the Department a list of not more than 5 persons, residents of the State, who are candidates for the office.
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Each candidate shall hold a currently valid
| | certificate of registration as a registered professional engineer issued under the provisions of the Professional Engineering Practice Act of 1989, except that any candidate who holds the office of county superintendent of highways in any county on January 1, 1980, shall not be required to hold a certificate.
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Each candidate shall also have at least one of the
| | following qualifications:
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(a) a baccalaureate degree in engineering from a
| | reputable school and at least 2 years experience in civil and highway engineering or in the construction and maintenance of streets or highways, or both; or
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(b) at least 10 years practical experience in
| | civil and highway engineering or in the construction and maintenance of streets or highways, or both, at least 2 years of which shall be administrative experience of a scope comparable to that of the office for which he is a candidate; however, each of the first 3 academic years attendance at a reputable engineering school shall be considered as equivalent to 2 years practical experience in civil and highway engineering or experience in the construction and maintenance of streets or highways.
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Upon the submission of a list of candidates by a
| | county board, the Department shall proceed to determine if each candidate meets either of the above qualifications. The Department shall thereupon hold an appropriate examination for the candidates which it has found to meet one of the qualifications, and shall certify to the county board the names of the candidates who made satisfactory grades in the examination. The County board shall then appoint as county engineer or superintendent of highways one of the candidates so certified by the Department. If no candidate makes a satisfactory grade, the Department shall so certify to the county board, and the county board and Department shall proceed in like manner until an appointment is made.
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(3) Should the board desire to consider for
| | appointment both the incumbent and other candidates, the procedure shall be as above outlined in this Section except that final action of the county board on the question of reappointing the incumbent shall be delayed until the county board receives the first certification of results of the examination from the Department. In case no candidate on the first list submitted by the county board made a satisfactory grade in the examination, the county board shall not submit a second list but shall proceed to reappoint the incumbent.
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As between persons equally competent and qualified to hold the office
of county engineer or superintendent of highways, preference in the
appointment shall be given residents of the county.
Any 2 or more counties may, with the approval of the Department,
appoint the same person as county engineer or superintendent of
highways for each of the counties and may by agreement provide for the
proportionate share of the salary and expenses of the appointee to be borne
by each county. However, if a county board desires to appoint as county
engineer or superintendent of highways of that county a person who at that
time is the county engineer or superintendent of highways of another
county, the person shall not be required to take the examination given by
the Department and shall not be required to accept the appointment without
his consent.
No part of any moneys appropriated by the State for the building and
maintaining of county highways shall be apportioned to any county unless
a county engineer or superintendent of highways has been appointed.
(Source: P.A. 86-1475; 87-217; 87-895.)
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605 ILCS 5/5-201.1
(605 ILCS 5/5-201.1) (from Ch. 121, par. 5-201.1)
Sec. 5-201.1.
In each county of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, there shall be a County Division of
Transportation with a county director of the Division of Transportation.
The chairman of the county board, with the advice and consent of the
county board, shall appoint a director from a list of qualified applicants.
The appointee shall have demonstrated experience in the area of management
and administration.
The county board shall notify the Department of the appointment of the director.
(Source: P.A. 84-756.)
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605 ILCS 5/5-202
(605 ILCS 5/5-202) (from Ch. 121, par. 5-202)
Sec. 5-202.
(a) Except as provided under subsection (b) of this
Section the term of office of each county superintendent of highways is
6 years and until his successor is appointed and qualified. He shall
receive a salary fixed by the county board, and shall also be allowed his
actual traveling and other expenses incurred in the discharge of the duties
of his office, his salary and expenses to be payable out of any general or
highway funds of the county. The county board shall provide all equipment
and personnel reasonably required by the county superintendent of highways
in the discharge of the duties of his office.
(b) Each county superintendent of highways appointed in a county of
more than 600,000 inhabitants but less than 3,000,000 inhabitants shall
serve at the pleasure of the county board beginning with the first
appointee to take office after the expiration of the remaining term of the
county superintendent of highways in office on the effective date of this
amendatory Act of 1985.
(Source: P.A. 84-756.)
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605 ILCS 5/5-202.1
(605 ILCS 5/5-202.1) (from Ch. 121, par. 5-202.1)
Sec. 5-202.1.
In counties of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, the county director of the Division of
Transportation shall hold the position as an employee of the county board.
(Source: P.A. 84-756.)
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605 ILCS 5/5-203
(605 ILCS 5/5-203) (from Ch. 121, par. 5-203)
Sec. 5-203.
Any county superintendent of highways may be removed from
office by the county board for incompetence, neglect of duty or malfeasance
in office. In any proceeding to remove a county superintendent of highways
from office a petition shall be filed with the county board naming such
officer as respondent and setting forth the particular facts upon which
the request for removal is based. The county board shall set the matter
for hearing not earlier than 5 days after service upon the respondent, which
service shall be the same as in civil actions. The county board shall thereupon
proceed to a determination of the charges and shall enter an order either
dismissing the charge against the county superintendent of highways or removing
him from office.
The decision of the county board is subject to judicial review under the
Administrative Review Law as now or hereafter amended.
(Source: P.A. 82-783.)
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605 ILCS 5/5-203.1
(605 ILCS 5/5-203.1) (from Ch. 121, par. 5-203.1)
Sec. 5-203.1.
In counties of more than 600,000 inhabitants but less than
3,000,000 inhabitants, any county director of the Division of Transportation
shall serve at the pleasure of the appointing authority.
(Source: P.A. 84-756.)
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605 ILCS 5/5-204
(605 ILCS 5/5-204) (from Ch. 121, par. 5-204)
Sec. 5-204.
Whenever the office of county superintendent of highways is
vacant, the county board may with the consent in writing of the Department
appoint any competent person as acting county superintendent of highways
until the vacancy is filled in the manner provided in Section 5-201.
The office shall not be deemed vacant except at the end of the
incumbent's 6 year term or in case of his death, his removal from office in
accordance with the provisions of Section 5-203, or his resignation
submitted in writing to the county board. However, if the incumbent enters
the military service of the United States, the county board may, with the
approval of the Department, appoint any competent person as acting county
superintendent of highways to perform the duties of the office until the
end of the incumbent's 6 year term or the discharge of the incumbent from
such service, whichever shall first occur.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/5-204.1
(605 ILCS 5/5-204.1) (from Ch. 121, par. 5-204.1)
Sec. 5-204.1.
In any county of more than 600,000 inhabitants but less
than 3,000,000 inhabitants, the county board chairman may appoint any
competent person as acting director whenever a vacancy exists and until
such vacancy is filled as in Section 5-201.1.
(Source: P.A. 84-756.)
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605 ILCS 5/5-205
(605 ILCS 5/5-205) (from Ch. 121, par. 5-205)
Sec. 5-205.
Functions generally.
The county superintendent of highways
shall, subject to the general supervision of the county board and to the rules
and regulations of the Department, perform the functions stated in the
following Sections preceding Division 3.
(Source: P.A. 88-572, eff. 8-11-94.)
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605 ILCS 5/5-205.1
(605 ILCS 5/5-205.1) (from Ch. 121, par. 5-205.1)
Sec. 5-205.1.
Prepare or cause to be prepared, plans, specifications and
estimates for all bridges and culverts to be built by the county, or by one
or more road districts, and supervise the construction of all such bridges
and culverts. When the clear span length of the bridge or culvert is more
than 30 feet, the plans and specifications, before being finally adopted,
shall be submitted to the Department for approval.
(Source: Laws 1965, p. 2719.)
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605 ILCS 5/5-205.2
(605 ILCS 5/5-205.2) (from Ch. 121, par. 5-205.2)
Sec. 5-205.2.
Act for the county in all matters relating to the supervision of the
construction or maintenance of any highway constructed or maintained in
whole or in part at the expense of the county.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/5-205.3
(605 ILCS 5/5-205.3) (from Ch. 121, par. 5-205.3)
Sec. 5-205.3.
Advise the highway commissioners of the road districts
in his county, when requested in writing, and direct, as otherwise provided
in this code, the
highway commissioners of the road districts in his county, as to the
best methods of construction, repair, or maintenance of township and
district roads. The grades of such roads in such road districts shall be
constructed according to plans approved by the county superintendent of
highways.
(Source: P.A. 80-1444.)
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605 ILCS 5/5-205.4
(605 ILCS 5/5-205.4) (from Ch. 121, par. 5-205.4)
Sec. 5-205.4.
Upon the request of the highway commissioner of any road
district in the county, prepare or cause to be prepared all maps, plans,
specifications and estimates of cost needed in order to comply with the
provisions of Section 6-701.1 of this Code.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/5-205.5
(605 ILCS 5/5-205.5) (from Ch. 121, par. 5-205.5)
Sec. 5-205.5.
Supervise the construction or maintenance of all county
highways within the county.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-205.6
(605 ILCS 5/5-205.6) (from Ch. 121, par. 5-205.6)
Sec. 5-205.6.
Keep a record of all contracts or purchases of
materials, machinery or apparatus to be used in road construction in
excess of $5,000 approved by him in any road district as hereinafter
provided in this Code.
(Source: P.A. 81-693.)
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605 ILCS 5/5-205.7
(605 ILCS 5/5-205.7) (from Ch. 121, par. 5-205.7)
Sec. 5-205.7.
In counties in which a county unit road district has been
established, subject to the direction of the county board, act for the
county in all matters relating to the construction and maintenance of
county unit district roads.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-205.8
(605 ILCS 5/5-205.8) (from Ch. 121, par. 5-205.8)
Sec. 5-205.8.
Perform such other duties as may be prescribed by law and the
rules and regulations of the Department. Other than as above specifically
indicated, the county superintendent of highways and county director of
the Division of Transportation shall be regarded as a deputy to the
Department. However, no county superintendent of highways shall be required
without his consent, and the consent of the county board of the county in
whose employ he is, to perform services in any other county.
(Source: P.A. 84-756.)
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605 ILCS 5/5-205.9
(605 ILCS 5/5-205.9)
Sec. 5-205.9.
Report to road district treasurer.
If requested by the
treasurer of a road district in the county, the county superintendent of
highways shall report to the treasurer the balance, on the last day of each
6-month period ending on May 1 and November 1, of the road district's moneys
administered by the county superintendent of highways. The report shall be
made within 30 days after the end of each 6-month period. This Section applies
only to counties with a population less than 3,000,000.
(Source: P.A. 88-572, eff. 8-11-94.)
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605 ILCS 5/5-205.10 (605 ILCS 5/5-205.10) Sec. 5-205.10. Discontinuance of a coterminous township. If township organization is discontinued as provided in Articles 27 and 28 of the Township Code, then the coterminous municipality shall assume the duties of highway commissioner under this Code.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.) |
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