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90_HB1231
55 ILCS 5/5-1015 from Ch. 34, par. 5-1015
65 ILCS 5/11-80-8 from Ch. 24, par. 11-80-8
Amends the Counties Code and the Illinois Municipal Code.
Provides specific authority for counties and municipalities
to manage and regulate the use of space within, over, and
under public roads, streets, alleys, and rights-of-way.
Effective immediately.
LRB9004252PTcw
LRB9004252PTcw
1 AN ACT concerning public rights-of-way.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-1015 as follows:
6 (55 ILCS 5/5-1015) (from Ch. 34, par. 5-1015)
7 Sec. 5-1015. Care and custody of property.
8 (a) A county board may take and have the care and
9 custody of all the real and personal estate owned by the
10 county.
11 (b) The county board of each county may manage and
12 regulate the use of the space and the installation of poles,
13 wires, pipes, or other equipment used in the operation of
14 business within, over, and under the roads, streets, alleys,
15 and rights-of-way of the county upon payment in addition to
16 reasonable administrative and regulatory costs of fair and
17 reasonable compensation for the use of the public property on
18 a competitively neutral and nondiscriminatory basis as
19 determined by franchise or contract or as prescribed by
20 ordinance.
21 (c) Notwithstanding any other law to the contrary, the
22 county board's management and regulation of such use shall be
23 on a fair and nondiscriminatory basis and shall provide for
24 the prompt administration of any requests for such use.
25 Determination by the county board regarding any requests
26 shall be made within 120 days after receipt of a completed
27 application or at such other time as the parties may mutually
28 agree.
29 (d) Nothing in this Section shall be construed to alter,
30 limit, or deny the rights granted to counties to manage and
31 require compensation for the use of county property and
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1 public places of the county other than roads, streets,
2 alleys, and rights-of-way.
3 (e) Nothing herein shall be deemed to effect any rights
4 or obligations under any existing franchise or contract
5 between a county and a user of public property until the
6 expiration of the franchise or contract.
7 (Source: P.A. 86-962.)
8 Section 10. The Illinois Municipal Code is amended by
9 changing Section 11-80-8 as follows:
10 (65 ILCS 5/11-80-8) (from Ch. 24, par. 11-80-8)
11 Sec. 11-80-8. Use of space within, over, and under
12 streets.
13 (a) The corporate authorities of each municipality may
14 manage and regulate the use of the space and the installation
15 of poles, wires, pipes, or other equipment used in the
16 operation of business within, over, and under the streets,
17 alleys, and rights-of-way other municipal property, and
18 public places of the municipality city, and upon payment in
19 addition to reasonable administrative and regulatory costs
20 of fair and reasonable proper compensation for the use of the
21 public property on a competitively neutral and
22 nondiscriminatory basis as determined by franchise or
23 contract or as prescribed by ordinance, to be fixed by
24 ordinance, may permit the use of the space more than 12 feet
25 above the level of such streets, alleys, property or places,
26 except for purely private uses.
27 (b) Notwithstanding any other law to the contrary, the
28 corporate authorities' management and regulation of such use
29 shall be on a fair and nondiscriminatory basis and shall
30 provide for the prompt administration of any requests for
31 such use. Determinations by the corporate authorities
32 regarding any requests shall be made within 120 days after
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1 receipt of a completed application or at such other time as
2 the applicant and the corporate authorities may mutually
3 agree.
4 (c) Nothing in this Section shall be construed to alter,
5 limit, or deny the rights granted to municipalities to manage
6 and require compensation for the use of municipal property
7 and public places of the municipality other than streets,
8 alleys, and rights-of-way.
9 (d) Nothing herein shall be deemed to effect any rights
10 or obligations under any existing franchise or contract
11 between a municipality and a user of public property until
12 the expiration of the franchise or contract.
13 (Source: Laws 1961, p. 576.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.