(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) (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 heading) DIVISION 122.
STREET RAILWAYS
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(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) (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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