(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) (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) (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) (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 heading) DIVISION 122.1.
CONTRACT FOR PRIVATELY OWNED
LOCAL TRANSPORTATION SYSTEM
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(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) (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) (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) (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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