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Illinois Compiled Statutes
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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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