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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-89-1
(65 ILCS 5/11-89-1) (from Ch. 24, par. 11-89-1)
Sec. 11-89-1.
Subject to the provisions of Section 11-89-2, every
municipality may grant consent, permission, and authority to construct,
reconstruct, and maintain and operate street railways, railroads and public
utility motor vehicles, or a unified local transportation system comprising
both street railways and railroads and which may also comprise public
utility motor vehicle lines and any other local public utility
transportation facilities in, over, across, along, under, or upon streets,
alleys, subways, public ways or public grounds in the municipality, the
major portion of which street railways, railroads, public utility motor
vehicles, and other local public utility transportation facilities is or is
to be located within, or the major portion of the service of which is or is
to be supplied to the inhabitants of the municipality, without limiting or
fixing any time for the duration of the grant, but reserving to the
municipality the right or option to purchase and take over the local
transportation properties of the grantee provided for in the grant at the
time or times and at the price and upon the terms to be stated or provided
for in the grant.
The grant may also provide that the grantee, if so required by the
municipality, shall sell, assign, transfer, and convey to any other
corporation designated as permittee for the purpose the optional properties
at such time or times and at such price and upon such terms as may be
stated or provided for in the grant.
Every such grant shall be known as a "terminable permit." The grantee
therein, its successors and assigns have the right to construct,
reconstruct, and maintain and operate the optioned properties until the
municipality or its permittee has purchased and taken over those
properties.
In addition to the provisions as to purchase by the municipality or its
permittee, a terminable permit may contain any other terms and conditions
not contrary to or inconsistent with this Division 89 or with the lawful
exercise of the power of the state to regulate public utilities. These
other terms and conditions may include, but are not limited to reasonable
provisions for specified extensions and additions to lines and facilities,
the retirement of investment by amortization or otherwise, or for
compensation for the use of a public property computed either by some
proportion of the receipts from the operation of the property of the
grantee, or otherwise. The circuit court may enforce the
provisions of this paragraph by means of injunction, mandamus, or other
appropriate proceeding.
(Source: P.A. 79-1361.)
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65 ILCS 5/11-89-2
(65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)
Sec. 11-89-2.
No ordinance of any municipality granting a terminable
permit shall become effective 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 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 (insert YES date), entitled ...., which granted a terminable permit to (here - - - - - - - - - - - - - - - - - -
insert the name of the grantee) to construct, maintain, and operate a NO transportation system upon the terms and conditions therein stated, be approved? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/11-89-3
(65 ILCS 5/11-89-3) (from Ch. 24, par. 11-89-3)
Sec. 11-89-3.
The term "railroads" as used in this Division 89 does not
include a railroad constituting or used as a part of a trunk line railroad
system operated as a common carrier of freight and passengers.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 90
(65 ILCS 5/Art. 11 Div. 90 heading)
DIVISION 90.
STREET RAILWAYS
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65 ILCS 5/11-90-1
(65 ILCS 5/11-90-1) (from Ch. 24, par. 11-90-1)
Sec. 11-90-1.
Upon compliance with Section 11-90-2, and with "An Act in
regard to street railroads, and to repeal certain acts herein referred to,"
approved March 7, 1899, as amended, the corporate authorities of each
municipality may permit, regulate, or prohibit the locating, constructing,
or laying a track of any street railway in any street, alley, or public
place.
Permission under this section shall not be granted for a longer time
than for 20 years, except as provided in Sections 11-90-3 and 11-90-4 and
Division 89 of this Article 11.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-90-2
(65 ILCS 5/11-90-2) (from Ch. 24, par. 11-90-2)
Sec. 11-90-2.
The corporate authorities shall not grant the use of or the
right to lay tracks in any street of the municipality to any railroad or
street railway corporation except upon the petition of the owners of record
of the land representing more than one-half of the frontage of the street,
or so much thereof as is sought to be used for railroad or street railway
purposes. Whenever the street or part thereof sought to be used is more
than one mile in extent, no petition of landowners shall be valid unless
the petition shall be signed by the owners of record of the land
representing more than one-half of the frontage of each mile and of the
fraction of a mile, measuring from the initial point specified in the
petition, of the street or of the part thereof sought to be used for
railroad or street railway purposes. However, the corporate authorities,
without any petition of landowners, may grant the right to lay, maintain
and also to operate railroad or street railway tracks, in, upon, or along
any street, alley, or public place of the municipality in which the tracks
are already laid at the time of making the grant. Also the corporate
authorities, without any petition of landowners, may grant the use of or
the right to lay tracks in any tunnel or subway beneath the surface of any
street, alley, or public place.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-90-3
(65 ILCS 5/11-90-3) (from Ch. 24, par. 11-90-3)
Sec. 11-90-3.
Subject to the provisions of Section 11-90-4, every
municipality may grant permission for a term longer than 20 years, but not
exceeding 40 years, for locating, constructing, reconstructing,
maintaining, operating, and laying tracks of any street railway in any
street, alley, or public place in the municipality. However, this section
has no application to a grant of a terminable permit expressly authorized
by any law of this state.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-90-4
(65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
Sec. 11-90-4.
No ordinance of any municipality granting permission
under Section 11-90-3 for a term longer than 20 years 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 in accordance
with the general election law. The municipal clerk shall promptly certify
such proposition to the proper election officials for submission.
The proposition need not include the ordinance in full but which 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, etc.) of (name of municipality) on (insert date), entitled YES ...., which granted permission for a term of .... years to (here insert the name of the grantee) to locate, - - - - - - - - - - - - - - - - - - - - -
construct, reconstruct, maintain, operate, and lay tracks, of (here insert the name of the grantee) in NO certain streets, alleys, and public places upon the terms and conditions therein stated, be approved? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/11-90-5
(65 ILCS 5/11-90-5)
Sec. 11-90-5.
(Repealed).
(Source: P.A. 91-147, eff. 7-16-99. Repealed internally, eff. 9-30-99.)
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65 ILCS 5/11-90-6
(65 ILCS 5/11-90-6)
Sec. 11-90-6.
(Repealed).
(Source: P.A. 91-147, eff. 7-16-99. Repealed internally, eff. 9-30-99.)
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65 ILCS 5/11-90-7
(65 ILCS 5/11-90-7)
Sec. 11-90-7.
Continuation of certain powers derived from the
Capital City Railroad Relocation Authority.
(a) All of the statutory powers and duties that the Capital City Railroad
Relocation Authority had to implement the agreements that it entered into for
Useable Segment 3 (including but not limited to the power to acquire property
exchanged by the railroads for the railroad right-of-way acquired by the
Authority and to sell, transfer, exchange, or assign property as it deems
appropriate), which were transferred to the City of Springfield under Section
11-90-5 of this Code, shall continue in effect and may be exercised by the
City of Springfield until the City has completed the transactions it was
required to perform under Section 11-90-5, but only for the implementation of,
and subject to, those agreements.
(b) Once the City of Springfield has completed the transactions required to
perform the agreements referred to in subsection (a), its powers and duties
under this Section are terminated.
(c) All otherwise lawful actions taken before the effective date of this
Section in reliance on or pursuant to Section 11-90-5 or 11-90-6 of this Code
by any officer or agency of State government or of the City of Springfield or
by any other person or entity are hereby validated.
(d) This Section applies to all claims, civil actions, and proceedings
arising out of actions taken in reliance on or pursuant to Section 11-90-5 or
11-90-6 of this Code that are pending on or filed on or after the effective
date of this amendatory Act of the 91st General Assembly.
(Source: P.A. 91-786, eff. 6-9-00.)
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65 ILCS 5/Art. 11 Div. 91
(65 ILCS 5/Art. 11 Div. 91 heading)
DIVISION 91.
VACATING OF STREETS AND ALLEYS
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