(65 ILCS 5/11-121-6) (from Ch. 24, par. 11-121-6)
Sec. 11-121-6.
Without any petition or consent of any property owner, a
municipality has the power to lay down and construct in such subways,
railroad and street railway tracks and all necessary appurtenances and
operate the same for transportation purposes. Likewise, without any
petition or consent of any property owner, but subject to the provisions of
Section 11-121-7, a municipality may lease, consent to, permit, or grant
the use of such subways, or portions thereof, for transportation purposes,
including the right to pay down, construct, and operate railroad and street
railway tracks therein, to any political subdivision, municipal corporation
or public authority of this state authorized to construct and operate
transportation facilities or to any railroad or street railway or other
local transportation corporation upon such terms and conditions as the
corporate authorities of the municipality by ordinance shall prescribe and
for such duration of time as may be authorized by any law of this state
governing the grant of permits for local transportation purposes in the
streets of the municipality. The municipality may also use the subways or
lease or permit the use of the subways for transportation facilities other
than railroads and street railways, and to the extent that the subways are
not used for transportation purposes, the municipality may use the subways,
or lease or permit the use of the subways, for the purposes.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7)
Sec. 11-121-7.
No ordinance of any municipality granting any lease
of, or consent, permit, or right to use such subways for local
transportation purposes 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. The
municipal clerk shall promptly certify such ordinance and 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 YES (insert date), entitled ...., which grants to (name of grantee)
a lease of (or consent, permit, or right to use, as the case may be) NO of the municipally owned subways therein specified, for local transportation purposes, be approved?
However, when any municipality by ordinance grants a permit to
construct and operate or maintain and operate a local transportation
system, including the use of municipally owned subways, and that
ordinance is submitted to and approved on a referendum, it is not
necessary to pass or to submit to a referendum a separate ordinance
granting a lease of or consent, permission, or right for the use of
those subways.
(Source: P.A. 91-357, eff. 7-29-99 .)
|