65 ILCS 5/ Illinois Municipal Code.

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65 ILCS 5/Art. 11 Div. 88

(65 ILCS 5/Art. 11 Div. 88 heading) DIVISION 88.

GRANT TO PUBLIC AUTHORITY FOR

LOCAL TRANSPORTATION

65 ILCS 5/11-88-1

(65 ILCS 5/11-88-1) (from Ch. 24, par. 11-88-1)

Sec. 11-88-1.

The corporate authorities of each municipality may
grant to any political subdivision, municipal corporation or public
authority of this state with authority to construct and operate
transportation facilities, the right to construct and operate any
facilities for local transportation within the municipality and to use
the streets and other public places therefor. Such right may be granted
for any duration of time and may be exclusive, subject to unexpired
franchise ordinances, but shall not be exclusive of the public right in
any of the streets and public places. Such grant shall not be effective
unless and until it is adopted or approved by a majority of the electors
of the municipality voting upon the proposition, and
if such grant is by ordinance prescribing terms,
conditions and limitations, it shall not be effective unless and until
such ordinance is accepted in writing by the grantee and such acceptance
is filed with the municipal clerk. Such ordinance may be submitted for
approval or adoption at the same election at which any act may be
adopted to create any political subdivision, municipal corporation or
public authority for transportation of persons or property.
The municipal clerk shall promptly certify such ordinance
and proposition for submission at an election in accordance with the general
election law. It shall not be necessary to
print such ordinance in full in the notice of election or on the ballot,
but the notice and ballot shall briefly indicate the nature of the
ordinance setting out its title and date of passage. After any ordinance
prescribing the terms, conditions and limitations of such grant becomes
effective, extensions and additions to such local transportation
facilities may be authorized by ordinance with or without provision for
referendum. After any ordinance prescribing the terms, conditions and
limitations of such grant becomes effective, in cities of 500,000 or
more population, amendments thereto may be made by ordinance, subject to
acceptance in writing by the grantee, as herein provided, without
provision for referendum. Such amendments shall not impair the security
of any indebtedness of the grantee.

(Source: P.A. 81-1489.)

65 ILCS 5/Art. 11 Div. 89

(65 ILCS 5/Art. 11 Div. 89 heading) DIVISION 89.

TERMINABLE LOCAL TRANSPORTATION

PERMITS

65 ILCS 5/11-89-1

(65 ILCS 5/11-89-1) (from Ch. 24, par. 11-89-1)

Sec. 11-89-1.

Subject to the provisions of Section 11-89-2, every
municipality may grant consent, permission, and authority to construct,
reconstruct, and maintain and operate street railways, railroads and public
utility motor vehicles, or a unified local transportation system comprising
both street railways and railroads and which may also comprise public
utility motor vehicle lines and any other local public utility
transportation facilities in, over, across, along, under, or upon streets,
alleys, subways, public ways or public grounds in the municipality, the
major portion of which street railways, railroads, public utility motor
vehicles, and other local public utility transportation facilities is or is
to be located within, or the major portion of the service of which is or is
to be supplied to the inhabitants of the municipality, without limiting or
fixing any time for the duration of the grant, but reserving to the
municipality the right or option to purchase and take over the local
transportation properties of the grantee provided for in the grant at the
time or times and at the price and upon the terms to be stated or provided
for in the grant.

The grant may also provide that the grantee, if so required by the
municipality, shall sell, assign, transfer, and convey to any other
corporation designated as permittee for the purpose the optional properties
at such time or times and at such price and upon such terms as may be
stated or provided for in the grant.

Every such grant shall be known as a "terminable permit." The grantee
therein, its successors and assigns have the right to construct,
reconstruct, and maintain and operate the optioned properties until the
municipality or its permittee has purchased and taken over those
properties.

In addition to the provisions as to purchase by the municipality or its
permittee, a terminable permit may contain any other terms and conditions
not contrary to or inconsistent with this Division 89 or with the lawful
exercise of the power of the state to regulate public utilities.  These
other terms and conditions may include, but are not limited to reasonable
provisions for specified extensions and additions to lines and facilities,
the retirement of investment by amortization or otherwise, or for
compensation for the use of a public property computed either by some
proportion of the receipts from the operation of the property of the
grantee, or otherwise.  The circuit court may enforce the
provisions of this paragraph by means of injunction, mandamus, or other
appropriate proceeding.

(Source: P.A. 79-1361.)

65 ILCS 5/11-89-2

(65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)

Sec. 11-89-2.

No ordinance of any municipality granting a terminable
permit shall become effective 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.  The
municipal clerk shall promptly certify such proposition
for submission.

The proposition need not include the ordinance in full but 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)
of (name of municipality) on (insert           YES
date), entitled ...., which
granted a terminable permit to (here        ------------------
insert the name of the grantee) to
construct, maintain, and operate a              NO
transportation system upon the terms and
conditions therein stated, be approved?
--------------------------------------------------------------

(Source: P.A. 91-357, eff. 7-29-99.)