(65 ILCS 5/11-90-2) (from Ch. 24, par. 11-90-2)
Sec. 11-90-2.
The corporate authorities shall not grant the use of or the
right to lay tracks in any street of the municipality to any railroad or
street railway corporation except upon the petition of the owners of record
of the land representing more than one-half of the frontage of the street,
or so much thereof as is sought to be used for railroad or street railway
purposes. Whenever the street or part thereof sought to be used is more
than one mile in extent, no petition of landowners shall be valid unless
the petition shall be signed by the owners of record of the land
representing more than one-half of the frontage of each mile and of the
fraction of a mile, measuring from the initial point specified in the
petition, of the street or of the part thereof sought to be used for
railroad or street railway purposes. However, the corporate authorities,
without any petition of landowners, may grant the right to lay, maintain
and also to operate railroad or street railway tracks, in, upon, or along
any street, alley, or public place of the municipality in which the tracks
are already laid at the time of making the grant. Also the corporate
authorities, without any petition of landowners, may grant the use of or
the right to lay tracks in any tunnel or subway beneath the surface of any
street, alley, or public place.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-90-3) (from Ch. 24, par. 11-90-3)
Sec. 11-90-3.
Subject to the provisions of Section 11-90-4, every
municipality may grant permission for a term longer than 20 years, but not
exceeding 40 years, for locating, constructing, reconstructing,
maintaining, operating, and laying tracks of any street railway in any
street, alley, or public place in the municipality. However, this section
has no application to a grant of a terminable permit expressly authorized
by any law of this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
Sec. 11-90-4.
No ordinance of any municipality granting permission
under Section 11-90-3 for a term longer than 20 years shall become
operative until a proposition to approve the ordinance has been
submitted to the electors of the municipality and has been
approved by a majority of the electors voting upon the proposition.
Every such ordinance shall order such submission and shall designate
the election at which the proposition is to be submitted in accordance
with the general election law. The municipal clerk shall promptly certify
such proposition to the proper election officials for submission.
The proposition need not include the ordinance in full but which shall
indicate the nature of the ordinance, and shall be substantially in the
following form:
Shall the ordinance passed by the city council (or board of trustees, etc.) of (name of municipality) on (insert date), entitled YES ...., which granted permission for a term of .... years to (here insert the name of the grantee) to locate,
construct, reconstruct, maintain, operate, and lay tracks, of (here insert the name of the grantee) in NO certain streets, alleys, and public places upon the terms and conditions therein stated, be approved?
(Source: P.A. 91-357, eff. 7-29-99 .)
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