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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB1709enr HB1709 Enrolled LRB9204180DHpc 1 AN ACT in relation to highways. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Highway Code is amended by 5 changing Sections 6-201.7 and 6-508 as follows: 6 (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7) 7 Sec. 6-201.7. Construct, maintain and repair and be 8 responsible for the construction, maintenance and repair of 9 roads within the district, let contracts, employ labor and 10 purchase material and machinery therefor, subject to the 11 limitations provided in this Code. No contract shall be let 12 for the construction or repair of any road or part thereof in 13 excess of the amount of $10,000$5,000, nor shall any 14 material, machinery or other appliances to be used in road 15 construction or maintenance of roads in excess of such amount 16 be purchased, nor shall several contracts each for an amount 17 of $10,000$5,000or less be let for the construction or 18 repair of any road or part thereof when such construction or 19 repair is in reality part of one project costing more than 20 $10,000$5,000, nor shall any material, machinery or other 21 appliance to be used therein be purchased under several 22 contracts each for an amount of $10,000$5,000or less, if 23 such purchases are essentially one transaction amounting to 24 more than $10,000$5,000, without the written approval of the 25 county superintendent of highways in the case of road 26 districts other than consolidated township road districts or 27 without the written approval of the highway board of auditors 28 in the case of consolidated township road districts. 29 Except for professional services, when the cost of 30 construction, materials, supplies, new machinery or equipment 31 exceeds$5,000, or$10,000in case of a district having aHB1709 Enrolled -2- LRB9204180DHpc 1population of 10,000 or more, the contract for such 2 construction, materials, supplies, machinery or equipment 3 shall be let, after the above written approval is obtained, 4 to the lowest responsible bidder after advertising for bids 5 at least once, and at least 10 days prior to the time set for 6 the opening of such bids, in a newspaper published within the 7 township or road district, or, if no newspaper is published 8 within the township or road district then in one published 9 within the county, or, if no newspaper is published within 10 the county then in a newspaper having general circulation 11 within the township or road district, but, in case of an 12 emergency, such contract may be let without advertising for 13 bids upon the approval of the County Superintendent of 14 Highways expressing in writing the existence of such 15 emergency and, in the case of consolidated township road 16 districts, upon the approval of the highway board of 17 auditors. For purposes of this Section "new machinery or 18 equipment" shall be defined as that which has been previously 19 untitled or that which shows fewer than 200 hours on its 20 operating clock and that is accompanied by a new equipment 21 manufacturer's warranty. 22 (Source: P.A. 86-1179; 86-1368; 86-1475.) 23 (605 ILCS 5/6-508) (from Ch. 121, par. 6-508) 24 Sec. 6-508. (a) For the purpose of constructing or 25 repairing bridges, culverts, drainage structures or grade 26 separations, including approaches thereto, at the joint 27 expense of a county and a road district and obtaining aid 28 from the county as provided in Section 5-501 of this Code, 29 there may be included in the annual tax levies provided for 30 in Section 6-501 of this Code a tax of not to exceed .05% of 31 the value of all the taxable property in the road district, 32 as equalized or assessed by the Department of Revenue, which 33 tax shall be in addition to and may be in excess of the HB1709 Enrolled -3- LRB9204180DHpc 1 maximum levy and may be extended at a rate in addition to and 2 in excess of the tax rate for road purposes authorized under 3 Section 6-501 of this Code. 4 Such tax, when collected, shall constitute and be held by 5 the treasurer of the district as a separate fund to be 6 expended for the construction or repair of bridges, culverts, 7 drainage structures or grade separations, including 8 approaches thereto, at the joint expense of the county and 9 the road district. The highway commissioner shall separately 10 specify in the certificate required by Section 6-501 the 11 amount necessary to be raised by taxation for the purpose of 12 constructing or repairing bridges, culverts, drainage 13 structures or grade separations, including approaches 14 thereto, at the joint expense of the county and the road 15 district. Upon the approval by the county board of the 16 amount so certified as provided in Section 6-501 of this 17 Code, the county clerk shall extend the same against the 18 taxable property of the road district, provided the amount 19 thus approved shall not be extended at a rate in excess of 20 .05% of value, as equalized or assessed by the Department of 21 Revenue. 22 When any improvement project for which a tax may be 23 levied under this Section has been ordered as provided in 24 Section 5-501 and the estimated cost of such project to the 25 road district is in excess of the amount that will be 26 realized from the annual tax levy authorized by this Section 27 when extended and collected, then the road district may 28 accumulate the proceeds of such tax for such number of years 29 as may be necessary to acquire the funds necessary to pay the 30 district's share of the cost of such project. In counties in 31 which a property tax extension limitation is imposed under 32 the Property Tax Extension Limitation Law and the imposition 33 of the property tax extension limitation prevents a road 34 district from levying taxes for road purposes at the required HB1709 Enrolled -4- LRB9204180DHpc 1 rate, a road district may retain its eligibility if, at the 2 time the property tax extension limitation was imposed, the 3 road district was levying at the required rate and continues 4 to levy the maximum allowable amount after the imposition of 5 the property tax extension limitation. It shall not be a 6 valid objection to any subsequent tax levy made under this 7 Section that there remains unexpended money arising from a 8 preceding levy of a prior year because of the accumulation 9 provided for in this Section. 10 The rate limitation imposed by this Section may be 11 increased for a 10 year period to up to 0.25% of the value of 12 all the taxable property in the road district, as equalized 13 or assessed by the Department of Revenue if the proposition 14 for the increased tax rate is submitted under Sections 6-504 15 and 6-505 and receives a majority of all ballots cast on the 16 proposition at the election held under Section 6-505. 17 (b) All surplus funds remaining in the hands of the 18 treasurer of the road district after the completion of any 19 construction or repairing of bridges, culverts, drainage 20 structures or grade separations, including approaches 21 thereto, under this Section, shall be turned over at the 22 request of the highway commissioner, with the written consent 23 of the county superintendent, to the regular road fund of the 24 road district. Upon such request, no further levy under this 25 Section is to be extended by the county clerk unless the 26 proposition authorizing such further levy is submitted under 27 Sections 6-504 and 6-505 and receives a majority of all 28 ballots cast on the proposition at the election held under 29 Section 6-505. 30 (c) The moneys from this tax may also be used for 31 construction and maintenance of bridges, culverts and other 32 drainage facilities, or grade separations, including 33 approaches thereto, on, under, or over the district roads, 34 without joint county funds being involved and without HB1709 Enrolled -5- LRB9204180DHpc 1 limitation as to size of project, but only if adequate funds 2 are available for all projects for which the road district 3 has petitioned the county for joint participation. If the 4 project size is over $5,000, the road district commissioner 5 shall also obtain the permission of the county engineer. 6 (Source: P.A. 90-110, eff. 7-14-97.)