(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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(65 ILCS 5/Art. 11 Div. 122.2 heading) DIVISION 122.2.
REGIONAL TRANSPORTATION AUTHORITY
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(65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1)
Sec. 11-122.2-1.
In addition to all its other powers, every municipality shall, in all
its dealings with the Regional Transportation Authority established by
the "Regional Transportation Authority Act", enacted by the 78th General
Assembly, have the following powers:
(a) to cooperate with the Regional Transportation Authority in the
exercise by the Regional Transportation Authority of all the powers
granted it by the Act;
(b) to receive funds from the Regional Transportation
Authority upon such terms and conditions as shall be set forth in an agreement
between the
municipality and the Suburban Bus Board or the Commuter Rail Board, which contract
or agreement may be for such number of years or duration as they may
agree, all as provided in the
"Regional Transportation Authority Act";
(c) to receive financial grants from a Service Board, as defined in
the "Regional Transportation Authority Act", upon such terms and conditions
as shall be set forth in a Purchase of Service Agreement or other grant
contract between the municipality and the Service Board, which contract
or agreement may be for such number of years or duration as the Service Board and the
municipality may agree, all as provided in the "Regional Transportation
Authority Act";
(d) to acquire from the Regional Transportation Authority
or a Service Board any Public
Transportation Facility, as defined in the "Regional Transportation
Authority Act", by purchase contract, gift, grant, exchange for other
property or rights in property, lease (or sublease) or installment or
conditional purchase contracts, which contracts or leases may provide
for consideration to be paid in annual installments during a period not
exceeding 40 years; such property may be acquired subject to such
conditions, restrictions, liens or security or other interests of other
parties as the municipality may deem appropriate and in each case the
municipality may acquire a joint, leasehold, easement, license or other
partial interest in such property;
(e) to sell, sell by installment contract, lease (or sublease)
as lessor, or transfer to, or grant to or provide for the use by the Regional
Transportation Authority or a Service Board any Public Transportation
Facility, as defined in the "Regional Transportation Authority Act" upon such terms
and for such consideration, or for no consideration, as the municipality
may deem proper;
(f) to cooperate with the Regional Transportation Authority
or a Service Board for the
protection of employees and users of public transportation facilities
against crime and also to protect such facilities; such cooperation may
include, without limitation, agreements for the coordination of police
or security forces;
(g) to file such reports with and transfer such records, papers or
documents to the Regional Transportation Authority or a Service Board
as may be agreed upon
with, or required by, the Regional Transportation Authority or a Service Board.
In exercising any of the powers granted in this Section the
municipality shall not be subject to the provisions of this Code or any
Act making public bidding or notice a requirement for any purchase or
sale by a municipality. Notwithstanding any provision of this Code to
the contrary, every municipality may enter into Purchase of Service
Agreements, grant contracts, other contracts, agreements or leases, as
provided in this Section, and may incur obligations and expenses
thereunder without making a previous appropriation therefor.
(Source: P.A. 83-886.)
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(65 ILCS 5/Art 11 prec Div 123 heading)
HARBORS AND TERMINALS
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(65 ILCS 5/Art. 11 Div. 123 heading) DIVISION 123.
HARBOR AND TERMINAL FACILITIES
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(65 ILCS 5/11-123-1) (from Ch. 24, par. 11-123-1)
Sec. 11-123-1.
The term "utility," as used in this Division 123 means and
includes: (1) harbors, canals, slips, wharves, docks, levees, piers, quay
walls, breakwaters, and all appropriate harbor structures, facilities,
connections, and improvements; and (2) such elevators, vaults, warehouses,
including cold storage warehouses which may be acquired, owned, maintained,
or operated in connection therewith, as necessary adjuncts or incidental to
transportation or railroad terminals; and (3) all other necessary or
appropriate terminal facilities.
The term "artificially made or reclaimed land," as used in this Division
123, includes all land which formerly was submerged under the public waters
of the state, the title to which is in the state, and which has been
artificially made or reclaimed in whole or in part contrary to law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-2) (from Ch. 24, par. 11-123-2)
Sec. 11-123-2.
Every city and village may acquire, own, construct,
maintain, and operate utilities anywhere within the jurisdiction or
corporate limits of the city or village, or in, over, and upon public
waters bordering thereon.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-3) (from Ch. 24, par. 11-123-3)
Sec. 11-123-3.
Every city or village with only a river water frontage may
acquire, own, construct, maintain, and operate railroad terminal
facilities, tracks, and connections, necessary or appropriate to connect a
utility with any railroad or interurban railroad entering the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-4) (from Ch. 24, par. 11-123-4)
Sec. 11-123-4. Every city and village for the purpose of carrying out the
powers granted in this Division 123, may acquire by purchase, gift, or
condemnation, any property necessary or appropriate for any of the purposes
enumerated in this Division 123. In all cases where property is acquired or
sought to be acquired by condemnation, the procedure shall be, as nearly as
may be, like that provided for the exercise of
the right of eminent domain under the Eminent Domain Act. Nothing in this Section limits the power of a
municipality to acquire by grant from the state submerged land or
artificially made or reclaimed land as provided in Section 11-123-9.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-123-5) (from Ch. 24, par. 11-123-5)
Sec. 11-123-5.
Every city and village may use, occupy, and reclaim such
submerged land under the public waters of the state within the corporate
limits or jurisdiction of, or bordering on the municipality, as may be
necessary or appropriate for any of the purposes enumerated in this
Division 123. The power granted in this section is superior to and takes
precedence over any similar power heretofore granted to any person, other
than a city or village, in so far as that similar power has not been
exercised at the time when a city or village by ordinance, as to land
therein particularly described, determines to exercise the power granted in
this section.
Except as otherwise provided in this Code or in any other law of this
state, no person or corporation, private, public, or municipal, other than
a city or village, shall hereafter construct a utility over and upon such
submerged lands within the limits or jurisdiction of any such city or
village, or over or upon any public waters bordering thereon, without first
securing the consent of the corporate authorities of such city or village.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-6) (from Ch. 24, par. 11-123-6)
Sec. 11-123-6.
Every city and village may take possession of, use, and
occupy any artificially made or reclaimed land (1) which before the
artificial making or reclamation thereof constituted a portion of the
submerged land under the public waters of the State of Illinois, and (2)
which lies within the corporate limits or jurisdiction of or borders on the
municipality, and (3) the title to which is in the State of Illinois, when
the land is declared by an ordinance of the municipality particularly
describing it to be necessary or appropriate for any of the purposes
enumerated in this Division 123.
Every city and village has the power to bring and maintain all necessary
suits, actions, or proceedings, in its corporate name, against any person
for the recovery of the possession of such artificially made or reclaimed
land. This land, when so acquired, shall be held, used, and occupied by the
city or village subject to the conditions stated in this Division 123.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-7) (from Ch. 24, par. 11-123-7)
Sec. 11-123-7.
Every city and village may take possession of, use, and
occupy any artificially made or reclaimed land specified in Section
11-123-6, when the land is declared by an ordinance of the municipality
particularly describing it to be necessary or appropriate for approaches to
or connections with a utility.
Every city and village may establish, widen, extend, grade, pave, and
otherwise improve such approaches or connections over and upon such
artificially made or reclaimed land and to vacate all or any part of the
approaches or connections.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-8) (from Ch. 24, par. 11-123-8)
Sec. 11-123-8.
Every city and village may acquire the land, whether of
natural or artificial formation, property, and property rights, including
riparian rights, of any owner or claimant, other than a city or village, on
the shores of public waters in, upon, or near which it is proposed to
construct any utility.
Every city and village may also acquire the title of such an owner or
claimant to the land lying beneath, adjacent to or adjoining the specified
public waters, without other compensation, by agreeing with the owner or
claimant upon a boundary line dividing the land, whether of natural or
artificial formation, to be acquired by the municipality, and the adjacent,
adjoining, submerged, or other land, whether of natural or artificial
formation, to be taken and acquired by the owner or claimant. The rights
and property to be taken and acquired, respectively, by the city or village
and by the owner or claimant, shall be specifically described and set forth
in the judgment to be entered by the court as provided in Section 11-123-9.
(Source: P.A. 79-1361.)
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(65 ILCS 5/11-123-9) (from Ch. 24, par. 11-123-9)
Sec. 11-123-9.
When any city or village and the owner or claimant
have agreed upon a boundary line as provided in Section 11-123-8, the
city or village shall commence a civil action in the circuit court of
the county in which the land is situated, praying that the boundary line
be established and confirmed by judgment of the court. All persons
interested in the land as owners or otherwise, who appear of record, if
known, or if not known, upon stating the fact, shall be made parties
defendant. Interested persons whose names are unknown may be made
parties defendant by the description of unknown owners, but in all cases
an affidavit shall be filed by or on behalf of the municipality, setting
forth that the names of these persons are unknown.
The municipality shall publish notice of the commencement of the
action once a week for 3 consecutive weeks, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality. The notices shall
contain the title of the action and the return day at which the
defendants are to appear, and the last of the notices shall be published
not less than 10 nor more than 20 days before the return day. The
defendants who do not enter their appearances shall be served with
process and the proceedings in the action shall be conducted in the same
manner as provided by the Civil Practice Law, as heretofore and
hereafter amended and the Supreme Court Rules, now or hereafter
adopted, in relation to that Law, except as otherwise provided in this
Division 123.
If upon a hearing the court finds that the rights and interests of
the public have been duly conserved by the agreement, the court shall
confirm the agreement and establish the boundary line. Otherwise the
court, in its discretion, shall dismiss the suit. If the boundary line
agreed upon is so established and confirmed by a court judgment, it
shall be the permanent boundary line thereafter and shall not be
affected either by accretion or erosion.
The establishment of such a boundary line operates as a conveyance
and release to the municipality of all the right, title, and interest of
owners to all land, property, and property rights, including riparian
rights, lying upon the outer or water side of the boundary line. The
municipality is hereby granted by the State of Illinois the title to all
land, property, and property rights, including riparian rights, lying
upon the outer or water side of the boundary line when so established.
The owners of the shore land are hereby granted by the State of Illinois
the title to the adjacent, adjoining, submerged, or other land, whether
of natural or artificial formation, as specifically and particularly
described in the court judgment, lying upon the inner or land side of
the boundary line when so established. These owners may fill in,
improve, protect, and use, sell, and convey this land lying upon the
inner or land side of the boundary line free from any adverse claim in
any way arising out of any question as to where the shore line was at
any time in the past, or as to the title to any existing accretions.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-123-10) (from Ch. 24, par. 11-123-10)
Sec. 11-123-10.
Every city or village may occupy, hold, and use any land
acquired by the municipality under this Division 123 or under any act providing
for harbor construction. A specified municipality may occupy, hold, and
use any submerged land of the State of Illinois filled in or reclaimed by
the municipality in connection with or in construction of a utility for
the uses and purposes provided for in this Division 123. A specified municipality
may lease any of this land for a period not longer than 50 years to any
person upon such terms and conditions as are prescribed by ordinance, but
the ordinance shall provide that the rental value of the land shall be revalued
near the end of each 10 years of the rental period and that the rental for
the ensuing 10 years shall be adjusted and fixed in accordance with that evaluation.
Before such a lease becomes effective, it shall be approved in writing
by the Secretary of Transportation of the state, and, in case of approval, it
shall be authenticated by the seal of that department.
All money received by a specified municipality from the lease of land forming
a part of any harbor development shall be credited to a fund entitled the
harbor fund of that particular harbor development. All money expended by
the municipality for any purpose in relation to that land or in relation
to the construction and maintenance of any utility, may be charged to the
harbor fund, and that fund shall be used for no other purpose.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-123-11) (from Ch. 24, par. 11-123-11)
Sec. 11-123-11.
Every city or village may levy and collect in each of 4 consecutive
years a tax of .0125% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property therein,
for the current year. This tax shall be in addition to all taxes
authorized by law to be levied and collected in that municipality. The
proceeds of this additional tax shall be used for harbor construction
purposes only and shall be credited to the harbor fund for that
particular harbor development.
The foregoing limitation upon tax rate in cities and villages of less
than 1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-123-12) (from Ch. 24, par. 11-123-12)
Sec. 11-123-12.
Any city or village may lease any part or all of any
utility owned by it in the manner and subject to the limitations provided
in Sections 11-76-1 and 11-76-2.
(Source: Laws 1961, p. 576.)
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