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Illinois Compiled Statutes
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() 65 ILCS 5/Art 11 prec Div 120
(65 ILCS 5/Art 11 prec Div 120 heading)
TRANSPORTATION SYSTEMS
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65 ILCS 5/Art. 11 Div. 120
(65 ILCS 5/Art. 11 Div. 120 heading)
DIVISION 120.
TRANSPORTATION SYSTEM TAX
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65 ILCS 5/11-120-1
(65 ILCS 5/11-120-1) (from Ch. 24, par. 11-120-1)
Sec. 11-120-1.
The corporate authorities of any city, village or incorporated town
may levy, annually, a tax of not to exceed .03% of the value, as
equalized or assessed by the Department of Revenue, on
all taxable property therein, to provide revenue for the purpose of
operating, maintaining and improving any local transportation system
owned and operated by such city, village or incorporated town. This tax
shall be in addition to all taxes authorized by law to be levied and
collected in the municipality and shall be in addition to the amount
authorized to be levied for general purposes as provided by Section
8-3-1.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-120-2
(65 ILCS 5/11-120-2) (from Ch. 24, par. 11-120-2)
Sec. 11-120-2.
This Division 120 shall not be in force in any city,
village or incorporated town until the question of its adoption is
certified by the clerk and submitted to the electors of the city, village
or incorporated town and
approved by a majority of those voting on the question.
The question shall be in substantially the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall Division 120 of the Illinois Municipal Code permitting YES municipalities to levy an additional annual tax of not to exceed .03% - - - - - - - - - - - - - - - - - - - -
for the purpose of operating, maintaining and improving local NO transportation systems be adopted? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the question is in favor of
adopting this Division 120, such division shall be adopted. It shall be
in force in the adopting city, village or incorporated town for the
purpose of the fiscal years succeeding the year in which the election is
held.
(Source: P.A. 81-1489 .)
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65 ILCS 5/Art. 11 Div. 121
(65 ILCS 5/Art. 11 Div. 121 heading)
DIVISION 121.
SUBWAY SYSTEM
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65 ILCS 5/11-121-1
(65 ILCS 5/11-121-1) (from Ch. 24, par. 11-121-1)
Sec. 11-121-1.
Every municipality may construct or enter into contracts for
the construction of or to otherwise acquire in, under, upon, across, or
along the streets, alleys, and public places of the municipality, and in,
under, and upon any other property owned by the municipality or leased to
it for the purpose, subways for local transportation and other public
utility purposes and for any other municipal purpose. The term "subways" as
used in this Division 121, includes all tunnels, entrances, exits,
passageways, connections, approaches, inclines, elevators, stations, and
other structures, equipment, appliances, or appurtenant property,
appropriate to a system of such subways.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-121-2
(65 ILCS 5/11-121-2) (from Ch. 24, par. 11-121-2)
Sec. 11-121-2.
Every municipality may acquire in the manner provided for by
any law of eminent domain of this state, any real or personal property
necessary or convenient for the purpose of constructing and operating
subways, as provided in Section 11-121-1.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-121-3
(65 ILCS 5/11-121-3) (from Ch. 24, par. 11-121-3)
Sec. 11-121-3.
The cost of constructing or otherwise acquiring such
subways, or the property necessary or appropriate for the operation
thereof, or such part of that cost as may be just and reasonable, may be
levied in any municipality upon and collected from the property specially
benefited thereby, if any, in the manner provided by Article 9.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-121-4
(65 ILCS 5/11-121-4) (from Ch. 24, par. 11-121-4)
Sec. 11-121-4.
In order to defray the cost of such subways, or such
portion of the cost as may not be raised by special assessment, the
municipality may borrow money and issue its bonds or other obligations
therefor. Also it may use the available funds belonging to the
municipality, including the special funds accumulated from money received
by the municipality from street railroad companies and from the operation
of local transportation facilities within such municipality, including but
not limited to the operation of all subways owned by such municipality, and
accretions of interest thereon and principal thereof.
Furthermore, the municipality may borrow money for the purpose of paying
the cost of constructing such subways and of extending or improving such
subways and of any property and equipment useful therefor. To evidence the
obligation of the municipality to repay any money borrowed as aforesaid,
the municipality may, pursuant to ordinance adopted by the corporate
authorities, from time to time, issue and dispose of its interest bearing
revenue bonds or certificates and may also, from time to time, issue and
dispose of its interest bearing revenue bonds or certificates to refund any
revenue bonds or certificates at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of the holders
thereof. All such revenue bonds and certificates shall be payable solely
from the revenues or income to be derived by the municipality from the
operation of local transportation facilities within such municipality,
including but not limited to the operation of all subways owned by such
municipality, it being intended that the revenues or income from any or all
of such local transportation operations may be pledged for the payment of
any such revenue bonds and certificates.
The money to be received by such municipality as reimbursement for the
initial depreciated cost of furnishing and installing transportation
equipment in such subways as defined and required to be paid by the grantee
in any ordinance granting the right to operate transportation facilities in
such municipality may also be pledged for the payment of any such revenue
bonds or certificates and where the amount of such payments to be paid
monthly has been agreed upon by such municipality and such grantee prior to
the issuance of such bonds or certificates, the amount of such monthly
payments so pledged shall not be reduced until all such bonds or
certificates shall have been paid.
These bonds and certificates may bear such date or dates, may mature at
such time or times not exceeding 40 years from their respective dates, and
bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable
semiannually, may be in such form, and carry such registration privileges,
may be executed in such manner, may be payable in such place or places, may
be made subject to redemption in such manner and upon such terms with or
without premium as is stated on the face thereof, may be authenticated in
such manner and may contain such terms and covenants all as may be provided
in such ordinance. Notwithstanding the form or tenor thereof and in the
absence of an express recital on the face thereof that it is
non-negotiable, all such revenue bonds and certificates shall be negotiable
instruments. Pending the preparation and execution of any such revenue
bonds or certificates, temporary bonds or certificates may be issued with
or without interest coupons as may be provided by ordinance.
These revenue bonds or certificates may be issued without submission
thereof to the electors of the municipality for approval.
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.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-121-5
(65 ILCS 5/11-121-5) (from Ch. 24, par. 11-121-5)
Sec. 11-121-5.
To secure the payment of any or all of such revenue bonds or
certificates and for the purpose of setting forth the covenants and
undertakings of the municipality in connection with the issuance thereof,
and the issuance of any additional revenue bonds or certificates payable
from such revenues or income, as well as the use and application of the
revenues or income to be derived from the operation of local transportation
facilities within such municipality, including but not limited to the
operation of all subways owned by such municipality, the municipality may
execute and deliver a trust agreement or agreements or all such covenants
and undertakings to secure the payment of the bonds or certificates may be
included in the ordinance authorizing the bonds or certificates. However,
no lien upon any physical property of the municipality shall be created
thereby. A remedy for any breach or default of the terms of any such trust
agreement or ordinance by the municipality may be by mandamus proceedings
in any court of competent jurisdiction to compel performance and compliance
therewith, but the trust agreement or ordinance may prescribe by whom or
upon whose behalf such action may be instituted. Under no circumstances
shall any revenue bonds or certificates issued by the municipality
hereunder be or become an indebtedness or obligation of the municipality
within the purview of any constitutional limitation or provision. It shall
be plainly stated on the face of each revenue bond and certificate that it
does not constitute such an indebtedness or obligation, but is payable
solely from the revenues or income as aforesaid.
In case any officer whose signature appears on any bond or certificate
or interest coupon, issued under this Division 121 ceases to hold his
office before delivery thereof, his signature shall be valid and sufficient
for all purposes with the same effect as if he had remained in office until
delivery thereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-121-6
(65 ILCS 5/11-121-6) (from Ch. 24, par. 11-121-6)
Sec. 11-121-6.
Without any petition or consent of any property owner, a
municipality has the power to lay down and construct in such subways,
railroad and street railway tracks and all necessary appurtenances and
operate the same for transportation purposes. Likewise, without any
petition or consent of any property owner, but subject to the provisions of
Section 11-121-7, a municipality may lease, consent to, permit, or grant
the use of such subways, or portions thereof, for transportation purposes,
including the right to pay down, construct, and operate railroad and street
railway tracks therein, to any political subdivision, municipal corporation
or public authority of this state authorized to construct and operate
transportation facilities or to any railroad or street railway or other
local transportation corporation upon such terms and conditions as the
corporate authorities of the municipality by ordinance shall prescribe and
for such duration of time as may be authorized by any law of this state
governing the grant of permits for local transportation purposes in the
streets of the municipality. The municipality may also use the subways or
lease or permit the use of the subways for transportation facilities other
than railroads and street railways, and to the extent that the subways are
not used for transportation purposes, the municipality may use the subways,
or lease or permit the use of the subways, for the purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-121-7
(65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7)
Sec. 11-121-7.
No ordinance of any municipality granting any lease
of, or consent, permit, or right to use such subways for local
transportation purposes 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. The
municipal clerk shall promptly certify such ordinance and 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 YES (insert date), entitled ...., which grants to (name of grantee) - - - - - - - - - - - - - - - - - - - - -
a lease of (or consent, permit, or right to use, as the case may be) NO of the municipally owned subways therein specified, for local transportation purposes, be approved? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
However, when any municipality by ordinance grants a permit to
construct and operate or maintain and operate a local transportation
system, including the use of municipally owned subways, and that
ordinance is submitted to and approved on a referendum, it is not
necessary to pass or to submit to a referendum a separate ordinance
granting a lease of or consent, permission, or right for the use of
those subways.
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/11-121-8
(65 ILCS 5/11-121-8) (from Ch. 24, par. 11-121-8)
Sec. 11-121-8.
In this section, the term "public utility structures and
appliances" includes lines of a street railroad or other railroad, or both,
and the property used to supply or deal in gas, electricity, lighting,
water, heating, refrigerating, power, telephone, telegraph, and other
public utilities, and any conduits, pipes, wires, poles, or other
properties used for the specified purposes or any of them.
Every municipality has the power to require persons owning or operating
public utility structures and appliances in, upon, under, over, across, or
along the streets, alleys, or public places of the municipality in which it
is proposed to construct subways, (1) to remove these public utility
structures and appliances from their locations in the streets, alleys, or
public places, and (2) to relocate them in such places in the subways or
elsewhere in the streets, alleys, or public places of the municipality as
may be designated by the municipality, either temporarily or for the
remainder of the period of the grant, license, or franchise which the
specified persons have to occupy the streets, alleys, and public places for
public utility purposes. If any person owning or operating public utility
structures and appliances fails or refuses so to remove or relocate them,
the municipality may remove or relocate them.
However, the power of the municipality to so remove or relocate public
utility structures and appliances itself, or to require persons owning or
operating public utility structures and appliances to so remove or relocate
them, shall be exercised only upon such terms and conditions as the
municipality and these persons may agree upon, or in default of such an
agreement, upon such fair and reasonable terms and conditions as the
municipality may prescribe. These terms and conditions may include fair and
reasonable provisions as to how much, if any, of the expense of the
removal, or relocation, shall be paid by the owners or operators of public
utility structures and appliances, respectively, and as to what
compensation, if any, shall be paid to the municipality by the owners or
operators of public utility structures and appliances, respectively, for
the use or occupation of such space, if any, as they may use or occupy in
the subways.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-121-9
(65 ILCS 5/11-121-9) (from Ch. 24, par. 11-121-9)
Sec. 11-121-9.
If, within the period of limitations of actions provided in
such cases, owners of land abutting or fronting upon any street, alley, or
public place in which a subway has been constructed commence actions to
recover any damage by reason of the construction, maintenance, or operation
of subways under this Division 121, the clerk of the court in which the
proceedings are brought shall make up a special trial calendar of all such
cases, and the court thereupon shall designate an early time
for the hearing thereof. Such cases shall have priority in hearing and
determination over all other civil proceedings pending in that court,
except election contests.
(Source: P.A. 83-334.)
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65 ILCS 5/Art. 11 Div. 122
(65 ILCS 5/Art. 11 Div. 122 heading)
DIVISION 122.
STREET RAILWAYS
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65 ILCS 5/11-122-1
(65 ILCS 5/11-122-1) (from Ch. 24, par. 11-122-1)
Sec. 11-122-1.
Subject to the provisions of Section 11-122-6, every city
may own, construct, acquire, purchase, maintain, and operate street
railways within its corporate limits. For the purpose of this Division 122
the expression "street railways" includes railways above, on, or below the
surface of the city streets. But no city shall proceed to operate street
railways unless the proposition to operate is first submitted to the
electors of the city as a separate proposition and approved by three-fifths
of those voting thereon.
The city council of any city that decides by popular vote, as provided
in this Division 122, to operate street railways, has the power to make all
needful rules and regulations respecting the operation thereof, including
the power to fix and prescribe rates and charges. But these rates and
charges shall be high enough (1) to produce a revenue sufficient to bear
all costs of maintenance and operation, (2) to meet interest charges on all
bonds or certificates issued on account of these railways, and (3) to
permit the accumulation of a surplus or sinking fund sufficient to meet all
such outstanding bonds or certificates at maturity. Street railways owned
and operated by such a city, or owned by the city and leased for operating
purposes to a private company, may carry passengers and their ordinary
baggage, parcels, packages, and United States mail, and may be utilized for
such other purposes as the city council of the city may deem proper. Such
street railways may be operated by such motive power as the city council
may approve, except steam locomotives.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-122-2
(65 ILCS 5/11-122-2) (from Ch. 24, par. 11-122-2)
Sec. 11-122-2.
Subject to the provisions of Section 11-122-6, every city
may lease street railways, or any part thereof, owned by the city to any
company incorporated under the laws of this state for the purpose of
operating street railways for any period, not longer than 20 years, on such
terms and conditions as the city council deems for the best interests of
the public.
Such a city has the power to incorporate in any grant of the right to
construct or operate street railways a reservation of the right on the part
of the city to take over all or part of those street railways, at or before
the expiration of the grant, upon such terms and conditions as may be
provided in the grant. The city also has the power to provide in such a
grant that in case the reserved right is not exercised by the city and the
city grants a right to another company to operate a street railway in the
streets or part of the streets occupied by its grantee under the former
grant, the new grantee shall purchase and take over the street railways of
the former grantee upon the terms that the city might have taken them over.
The city council of the city has the power to make a grant, containing such
a reservation, for either the construction or operation or both the
construction and operation of a street railway in, upon, and along any of
the streets or public ways therein, or portions thereof, in which street
railway tracks are already located at the time of the making of the grant,
without the petition or consent of any of the owners of the land abutting
or fronting upon any street or public way, or portion thereof, covered by
the grant.
No ordinance authorizing a lease for a longer period than 5 years, nor
any ordinance renewing any lease, shall go into effect until the expiration
of 30 days from and after its publication. The ordinance
shall be published in a newspaper of general circulation in the city. The
publication or posting of the ordinance shall be accompanied by a notice
of (1) the specific number of voters required to sign a petition requesting
the question of authorizing the lease of a street railway for a period longer
than 5 years to be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective referendum.
The city clerk shall provide a petition form to any individual requesting
one. And if, within that 30 days, there is filed with the city clerk a
petition signed by voters in the municipality equal to 10% or more of the
registered voters in the municipality, asking that
the ordinance be submitted to a popular vote, the ordinance shall not go
into effect unless the question of its adoption is first submitted to the
electors of the city and approved by a majority of those voting thereon.
The signatures to the petition need not all be on one paper but each
signer shall add to his signature, which shall be in his own handwriting,
his place of residence, giving the street and number. One of the signers of
each such paper shall make oath before an officer competent to administer
oaths, that each signature on the paper is the genuine signature of the
person whose name it purports to be.
In case of the leasing by any city of any street railway owned by it,
the rental reserved shall be based on both the actual value of the tangible
property and of the franchise contained in the lease, and the rental shall
not be less than a sufficient sum to meet the annual interest upon all
outstanding bonds or street railway certificates issued by the city on
account of that street railway.
(Source: P.A. 87-767.)
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65 ILCS 5/11-122-3
(65 ILCS 5/11-122-3) (from Ch. 24, par. 11-122-3)
Sec. 11-122-3.
For the purpose of acquiring street railways either by
purchase or construction, as provided for in this Division 122, or for the
equipment of any such street railways, any city may borrow money and issue
its negotiable bonds therefor, pledging the faith and credit of the city.
But no such bonds shall be issued unless the proposition to issue the bonds
is first submitted to the electors of the city and approved by two-thirds
of those voting thereon, nor shall the bonds be issued in an amount in
excess of the cost to the city of the property for which the bonds are
issued, ascertained as provided in this Division 122, and 10% of that cost
in addition thereto.
In the exercise of the powers, or any of them, granted by this Division
122, a city has the power to acquire, take, and hold all necessary
property, real, personal, or mixed, for the purposes specified in this
Division 122, either by purchase or condemnation in the manner provided by
law for the taking and condemning of private property for public use.
However, in no valuation of street railway property for the purpose of any
such acquisition, except of street railways now operated under existing
franchises, shall any sum be included as the value of any earning power of
that property or of the unexpired portion of any franchise granted by the
city.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-122-4
(65 ILCS 5/11-122-4) (from Ch. 24, par. 11-122-4)
Sec. 11-122-4.
In lieu of issuing bonds pledging the faith and credit of
the city, as provided for in Section 11-122-3, any city may issue and
dispose of interest bearing certificates, to be known as "street railway
certificates," which, under no circumstances, shall be or become an
obligation or liability of the city or payable out of any general fund
thereof, but shall be payable solely out of a specified portion of the
income to be derived from the street railway property for the acquisition
of which they were issued. These certificates shall not be issued and
secured by any street railway property in an amount in excess of the cost
to the city of that property, as provided in this Division 122, and 10% of
that cost in addition thereto.
In order to secure the payment of these street railway certificates and
the interest thereon, the city may convey, by way of mortgage or deed of
trust, any or all of the street railway property acquired or to be acquired
through the issuance thereof. This mortgage or deed of trust shall be
executed in such manner as may be directed by the city council and
acknowledged and recorded in the manner provided by law for the
acknowledgment and recording of mortgages of real estate, and may contain
such provisions and conditions not in conflict with the provisions of this
Division 122 as may be deemed necessary to fully secure the payment of the
street railway certificates described therein. The mortgage or deed of
trust may contain the grant of a privilege or right to maintain and operate
the street railway property covered thereby, for a period not exceeding 20
years from the date that that property may come into the possession of any
person as the result of foreclosure proceedings. This privilege or right
may fix the rates of fare which the person securing the privilege or right
as the result of foreclosure proceedings shall be entitled to charge in the
operation of the property for a period not exceeding 20 years.
Whenever, and as often as, default is made in the payment of any street
railway certificate issued and secured by a mortgage or deed of trust, as
provided in this section, or in the payment of the interest thereon when
due, and that default has continued for the space of 12 months, after
notice thereof has been given to the mayor and the financial officer of the
city issuing the certificates, it is lawful for the mortgagee or trustee,
upon the request of the holders of a majority in amount of the certificates
issued and outstanding under the mortgage or deed of trust, to declare the
whole of the principal of all such certificates as may be outstanding, to
be at once due and payable, and to proceed to foreclose the mortgage or
deed of trust in any court of competent jurisdiction.
At a foreclosure sale, the mortgagee, or trustee, or the holders of the
certificates may become the purchaser or purchasers of the property and the
rights and privileges sold, if he or they be the highest bidders. Any
street railway acquired under such a foreclosure shall be subject to
regulation by the corporate authorities of the city to the same extent as
if the right to construct, maintain, and operate that property had been
acquired through a direct grant without the intervention of foreclosure
proceedings.
However, no street railway certificates, mortgage, or deed of trust
shall ever be issued by any city under the provisions of this Division 122
until the question of the adoption of the ordinance making provision for
the issuance thereof has been submitted to a popular vote and approved by a
majority of the electors of the city voting upon that question.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-122-5
(65 ILCS 5/11-122-5) (from Ch. 24, par. 11-122-5)
Sec. 11-122-5. Every city owning, or owning and operating, street railways,
shall keep the books of account for these street railways distinct from
other city accounts and in such manner as to show the true and complete
financial results of the city ownership, or ownership and operation, as the
case may be. These accounts shall be so kept as to show: (1) the actual
cost to the city of street railways owned, (2) all costs of maintenance,
extension, and improvement, (3) all operating expenses of every
description, in case of city operation, (4) the amount set aside for
sinking fund purposes, (5) if water or other service is furnished for the
use of the street railways without charge, as nearly as possible, the value
of this service, and also the value of any similar service rendered by the
street railways to any other city department without charge, (6) reasonable
allowances for interest, depreciation, and insurance, and (7) estimates of
the amount of taxes that would be chargeable against the property if owned
by a private corporation. The city council shall print annually for public
distribution, a report showing the financial results, in the form specified
in this section, of the city ownership, or ownership and operation.
The accounts of those street railways, shall be examined at least once a
year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the city council the
results of his examination. This accountant shall be selected in
such manner as the city council may direct, and he shall receive for his
services such compensation, to be paid out of the income from those street
railways, as the city council may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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65 ILCS 5/11-122-6
(65 ILCS 5/11-122-6) (from Ch. 24, par. 11-122-6)
Sec. 11-122-6.
This Division 122 shall be in force in every city in which
"An Act to authorize cities to acquire, construct, own, operate and lease
street railways, to provide the means therefor, and to provide for the
discontinuance of such operation and ownership," approved May 18, 1903, as
amended, has been heretofore adopted and was in force immediately prior to
January 1, 1942. This Division 122 shall not be in force in any other city
until the question of its adoption in such other city has been submitted to
the electors of the city and approved by a majority of those voting
thereon.
If the city council in any city has heretofore incorporated or hereafter
incorporates in any grant to a private company of the right to construct or
operate street railways a provision reserving to the city the right to take
over the street railways at or before the expiration of the grant, in case
the city later adopted "An Act to authorize cities to acquire, construct,
own, operate and lease street railways, to provide the means therefor, and
to provide for the discontinuance of such operation and ownership,"
approved May 18, 1903, as amended, or adopts this Division 122, as the case
may be, that provision shall be as valid and effective for all purposes, in
case the city later adopts this Division 122 as provided in this section,
as if the provision were made a part of a grant after the adoption of this
Division 122 by the city.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-122-7
(65 ILCS 5/11-122-7) (from Ch. 24, par. 11-122-7)
Sec. 11-122-7.
In all cases provided in Sections 11-122-1 through
11-122-6 for the submission of questions or propositions to popular
vote, the city council shall pass an ordinance stating the substance of
the proposition or question to be voted upon and designating the
election at which the question or proposition is to be submitted.
The city clerk of the city shall promptly certify the ordinance and the
proposition for submission at an election in accordance with the general election law.
(Source: P.A. 81-1489.)
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65 ILCS 5/11-122-8
(65 ILCS 5/11-122-8) (from Ch. 24, par. 11-122-8)
Sec. 11-122-8.
Any city having a population of less than 500,000
which has constructed, acquired, or purchased street railways under "An
Act to authorize cities to acquire, construct, own, operate and lease
street railways, to provide the means therefor, and to provide for the
discontinuance of such operation and ownership," approved May 18, 1903,
as amended, or under this Division 122, by ordinance of the city council
may provide for the discontinuance of their operation and maintenance
and may provide for the sale or disposal, in such manner as the city
council may determine, of the property and equipment so constructed,
acquired, or purchased.
This ordinance shall not become effective until the question of its
adoption is certified by the clerk and submitted to a referendum vote
of the electors of the city at an election designated in the ordinance.
At that election, the ordinance shall be submitted without alteration to
the vote of the electors of the city.
The question
shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance (stating YES the nature of the proposed - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ordinance) be adopted? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors voting on the question of the adoption
of the proposed ordinance vote in favor thereof, the ordinance shall
thereupon become a valid and binding ordinance of the city.
Prior to the election upon this ordinance, the city clerk shall have
the ordinance published at least once in one or more newspapers
published in the city, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the city. This
publication shall be not more than 30 nor less than 15 days in advance
of the election.
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-122-9
(65 ILCS 5/11-122-9) (from Ch. 24, par. 11-122-9)
Sec. 11-122-9.
Nothing contained in this Division 122 authorizes any city
to make any street railway grant, or to lease any street railway property,
for a period exceeding 20 years from the making of the grant or lease.
However, when a right to maintain and operate a street railway for a period
not exceeding 20 years is contained in a mortgage or deed of trust to
secure street railway certificates, and no such right shall be implied,
that period shall commence as provided in Section 11-122-4.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 122.1
(65 ILCS 5/Art. 11 Div. 122.1 heading)
DIVISION 122.1.
CONTRACT FOR PRIVATELY OWNED
LOCAL TRANSPORTATION SYSTEM
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65 ILCS 5/11-122.1-1
(65 ILCS 5/11-122.1-1) (from Ch. 24, par. 11-122.1-1)
Sec. 11-122.1-1.
Any municipality shall have power to contract for the
operation of a privately owned, local passenger transportation system or a
portion thereof within its corporate limits or within a radius of one-half
mile thereof upon terms satisfactory to it and to the owner of said system.
By such contract, the municipality may bind itself to pay to said owner and
operator such sums as may be sufficient, when added to the fares collected
from its patrons by the operator, to equal an agreed cost of said service,
which cost may include an allowance for depreciation and a reasonable sum
for operating and maintaining said transportation system or portion
thereof. Such contract shall provide that the municipality may fix the
fares to be charged and the service to be rendered by the operator; and a
municipality entering into such contract shall have exclusive jurisdiction
and control of rates of fare to be charged and service to be provided by
such contracting, owning and operating company for the transportation to be
provided pursuant to such contract. Upon the execution of such a contract
and within 10 days after its effective date the owner of the system shall
file 3 copies of such contract certified by the clerk of the municipal
corporation executing the same with the Illinois Commerce Commission and
shall cause public notice of such contract to be published in a newspaper
of general circulation in the area to be served pursuant to such contract.
Thereafter the Illinois Commerce Commission shall enter an order suspending
that portion of the operating rights of the owner of the system covered by
the provisions of such contract for the period covered by the contract.
Such order shall direct continued compliance by the owner of the system
with the provisions of Sections 55a and 55b of "An Act concerning public
utilities", approved June 29, 1921, as amended.
(Source: Laws 1965, p. 2850.)
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65 ILCS 5/11-122.1-2
(65 ILCS 5/11-122.1-2) (from Ch. 24, par. 11-122.1-2)
Sec. 11-122.1-2.
Any municipality may contract for the operation of privately owned,
local passenger transportation system or a portion thereof within its
corporate limits or within a radius of one-half mile thereof upon terms
satisfactory to it and to the owner of such system. By the contract, the
municipality may bind itself to pay to the owner and operator such sums as
may be agreed upon by the municipality.
(Source: P.A. 76-100.)
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65 ILCS 5/11-122.1-3
(65 ILCS 5/11-122.1-3) (from Ch. 24, par. 11-122.1-3)
Sec. 11-122.1-3.
Any municipality may lease, sell or purchase, on the installment basis
or otherwise, real or personal property for use by such system.
(Source: P.A. 76-100.)
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65 ILCS 5/11-122.1-4
(65 ILCS 5/11-122.1-4) (from Ch. 24, par. 11-122.1-4)
Sec. 11-122.1-4.
A municipality may apply for and accept loans, grants, services, or
other financial assistance from, and may participate in projects of, the
United States of America, or any agency or instrumentality thereof, under
the Federal "Urban Mass Transportation Act of 1964", as now or hereafter
amended, or similar Federal mass transportation acts, and may enter into
and carry out contracts in connection therewith.
This Section applies to any contract which is otherwise valid and made
for the purposes authorized in this Section, even though the contract was
executed before the effective date of this amendatory Act of 1969 or the
municipality made no appropriation for the contract before it was executed
either before or after the effective date of this amendatory Act.
(Source: P.A. 76-100.)
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65 ILCS 5/Art. 11 Div. 122.2
(65 ILCS 5/Art. 11 Div. 122.2 heading)
DIVISION 122.2.
REGIONAL TRANSPORTATION AUTHORITY
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65 ILCS 5/11-122.2-1
(65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1)
Sec. 11-122.2-1.
In addition to all its other powers, every municipality shall, in all
its dealings with the Regional Transportation Authority established by
the "Regional Transportation Authority Act", enacted by the 78th General
Assembly, have the following powers:
(a) to cooperate with the Regional Transportation Authority in the
exercise by the Regional Transportation Authority of all the powers
granted it by the Act;
(b) to receive funds from the Regional Transportation
Authority upon such terms and conditions as shall be set forth in an agreement
between the
municipality and the Suburban Bus Board or the Commuter Rail Board, which contract
or agreement may be for such number of years or duration as they may
agree, all as provided in the
"Regional Transportation Authority Act";
(c) to receive financial grants from a Service Board, as defined in
the "Regional Transportation Authority Act", upon such terms and conditions
as shall be set forth in a Purchase of Service Agreement or other grant
contract between the municipality and the Service Board, which contract
or agreement may be for such number of years or duration as the Service Board and the
municipality may agree, all as provided in the "Regional Transportation
Authority Act";
(d) to acquire from the Regional Transportation Authority
or a Service Board any Public
Transportation Facility, as defined in the "Regional Transportation
Authority Act", by purchase contract, gift, grant, exchange for other
property or rights in property, lease (or sublease) or installment or
conditional purchase contracts, which contracts or leases may provide
for consideration to be paid in annual installments during a period not
exceeding 40 years; such property may be acquired subject to such
conditions, restrictions, liens or security or other interests of other
parties as the municipality may deem appropriate and in each case the
municipality may acquire a joint, leasehold, easement, license or other
partial interest in such property;
(e) to sell, sell by installment contract, lease (or sublease)
as lessor, or transfer to, or grant to or provide for the use by the Regional
Transportation Authority or a Service Board any Public Transportation
Facility, as defined in the "Regional Transportation Authority Act" upon such terms
and for such consideration, or for no consideration, as the municipality
may deem proper;
(f) to cooperate with the Regional Transportation Authority
or a Service Board for the
protection of employees and users of public transportation facilities
against crime and also to protect such facilities; such cooperation may
include, without limitation, agreements for the coordination of police
or security forces;
(g) to file such reports with and transfer such records, papers or
documents to the Regional Transportation Authority or a Service Board
as may be agreed upon
with, or required by, the Regional Transportation Authority or a Service Board.
In exercising any of the powers granted in this Section the
municipality shall not be subject to the provisions of this Code or any
Act making public bidding or notice a requirement for any purchase or
sale by a municipality. Notwithstanding any provision of this Code to
the contrary, every municipality may enter into Purchase of Service
Agreements, grant contracts, other contracts, agreements or leases, as
provided in this Section, and may incur obligations and expenses
thereunder without making a previous appropriation therefor.
(Source: P.A. 83-886.)
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