2-102-030 Commissioner - Powers and duties.
The Commissioner of Transportation shall have the following powers and duties:
(a) To control the design and construction of any subway or other mass transit project for local transportation purposes constructed by the city, to control the acquisition of rights-of-way for and the construction and maintenance of all such projects, and to acquire and operate or lease such projects, all as provided by law;
(b) To manage the preparation, planning, development and monitoring of transportation system projects within the city (other than those projects within an airport), including related feasibility studies and grant applications;
(c) To prepare surveys, studies and plans for the opening, widening, construction and reconstruction of streets and rights-of-way, to control the acquisition of rights-of-way, to improve, maintain and repair the public ways, and to supervise and control such projects;
(d) To remove or compel the removal of any vault, projection, extension, overhang, conduit, pipe, wire, pole or other structure, object or property that extends across a private property line and into, on, over or under any public way or place of the city, whenever the use of the public space occupied by the encroaching object is necessary, convenient or desirable in the construction by the city of any subway, superhighway or other mass transit project under the authority of any state or federal statute;
(e) Subject to Section 2-29-040 of this Code, to plan, design and construct traffic signs, devices, pavement markings, safety zones and other facilities for new and existing streets;
(f) To manage and control all bridges, docks, wharves and landings under the city's jurisdiction and to do any electrical work necessary for the operation of any city bridge;
(g) To supervise all works for the dredging, deepening or widening of waterways and harbors within the city;
(h) To manage and control all viaducts;
(i) To manage and control the construction of public sidewalks;
(j) To manage and control the construction of all improvements undertaken pursuant to the Division 9-2 of the Illinois Municipal Code, as amended;
(k) to establish fees for the service of the office of underground coordination established pursuant to Section 2-120-300 of this Code, and to negotiate and execute agreements with non-governmental members of the office for their financial support of the office's activities;
(l) To issue all rules and regulations necessary for the implementation of other powers conferred on him under this Code;
(m) Subject to the approval of the Corporation Counsel as to form and legality, to negotiate and execute on behalf of the City leases, right-of-entry agreements, easements, and other agreements allowing temporary access to private and public property in order to facilitate construction projects under the supervision of the department of transportation, which agreements may include terms providing for indemnification;
(n) to manage and control all matters pertaining to house numbers and street numbers, all matters pertaining to the maps and plats of the city relating to its watercourses, geographical aspects, public ways or other public places and all matters pertaining to the keeping of the records of maps and plats recorded in the city, and to make all maps and plats which may be required by any department of the city, if not made by another department of the city;
(o) to manage and control all matters pertaining to the annexation, disconnecting or altering of any boundaries or other corporate limits of the city, all matters pertaining to the establishment, dedication, alteration or vacation of the public ways, and all matters pertaining to the review and approval of plats of subdivision, resubdivision or consolidation, including the boundaries and designations of public ways, blocks, and lots, and to examine, as ex officio examiner of subdivisions, any map or plat of subdivision, resubdivision or consolidation of any piece or parcel of land situated within the city presented or submitted to him or her for approval, and upon approving such document, to so certify.
(p) To regulate, by permit or otherwise, obstructions, excavations and other uses of the public way, including construction canopies and other structures as may be necessary to protect people using the public way or public place while work is being conducted above, or adjacent to, a portion of the public way or public place.
(q) To improve and maintain the street lighting system on the public ways of the city;
(r) To improve and maintain the traffic signal system on the public ways of the city
(s) To administer the program concerning decorative banners or other decorations designed to be placed on light poles that is provided for in Section 10-8-340 of the Code;
(t) To administer the Green Streets Program, and other urban forestry and beautification programs, and to enter into grant agreements, cooperation agreements and other agreements or contracts with governmental entities, private businesses and civic and community groups to implement such programs, as the commissioner may deem advisable and necessary, and to enter into and execute all such other instruments and to perform any and all acts, including the allocation and expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto.
(u) To administer Chapters 9-101, 9-102, 9-103, and 10-21 and serve ex officio as the director of the One-Call Adjudicatory Process established in Chapter 10-21.
(v) In addition to exercising authority over the public way as specified in Title 9 of the Code, to administer the "Make Way for People – People Spots and People Streets" program and other programs to develop outdoor public enjoyment areas. Such outdoor public enjoyment areas may be used to conduct outdoor special events pursuant to Section 10-8-335 of this Code. Temporary vendor structures may be placed, constructed, maintained, and used on such outdoor public enjoyment areas in accordance with agreements that the commissioner is authorized to execute pursuant to this subsection. The commissioner is authorized to negotiate and execute agreements to accomplish these programs' purposes, and to perform any and all acts, including the expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto. The commissioner is further authorized to regulate, by permit or other appropriate means, any entity's occupancy, maintenance or other use of or function bearing on the affected portion of the public way, or any structure placed thereon, pursuant to an agreement authorized by this paragraph. In addition, the commissioner is authorized to negotiate and execute agreements regarding temporary vendor structures on outdoor public enjoyment areas, including, but not limited to, agreements regarding the placement, construction, maintenance, use and removal of such temporary vendor structures.
(w) To enter into: (1) intergovernmental agreements transferring or otherwise allocating jurisdiction over, and carrying out construction, maintenance and repairs to, public way and other public infrastructure; and (2) agreements with public utilities and railroads regarding construction, maintenance and repairs that impact their facilities upon or adjacent to public property; and, in connection with agreements entered into under this subsection, to enter into and execute all such other instruments and to perform any and all acts, including the allocation and expenditure of duly appropriated funds, as shall be necessary or advisable in connection with the implementation of such agreements and any renewals thereto. Any such agreement may include provisions providing indemnification. The authority conferred in this subsection shall not include the ceding of governmental ownership of public way or the transfer of title to real estate.
(x) The powers and duties conferred in this section shall not apply to the operation, management and maintenance of the Chicago Riverwalk, as defined in Section 2-32-1300(a), which shall be under the jurisdiction of the Commissioner of Fleet and Facility Management.
(y) Subject to the approval of the corporation counsel as to form and legality, to negotiate and execute agreements on behalf of the City with public or private universities to conduct reviews of traffic safety and automated traffic law enforcement systems programs.
(z) To negotiate and execute, jointly with the Commissioner of Fleet and Facility Management, agreements pertaining to the operation, maintenance, development, and improvement of the Pedway, non-limiting examples of which include leases, easements, and agreements providing for right-of-entry, operation and maintenance, and capital improvements. For purposes of this subsection, “Pedway” has the meaning set forth in Section 2-51-050(a)(42).
(aa) To administer and implement the installation of vehicle impact protection devices as provided in Section 9-80-190.
(bb) The materials and methods used for post-construction restoration shall be uniform throughout the City and be, at minimum, consistent with industry standards; provided, however, that post-construction restoration of right-of-way within the jurisdiction of the Illinois Department of Transportation shall comply with the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction.
(Added Coun. J. 12-11-91, p. 10828; Amend Coun. J. 2-9-94, p. 45314; Amend Coun. J. 4-13-94, p. 48631; Amend Coun. J. 9-10-97, p. 50512; Amend Coun. J. 10-7-98, p. 78566, § 2; Amend Coun. J. 12-4-02, p. 99026, § 7.6; Amend Coun. J. 11-19-03, p. 13426, § 7.2; Amend Coun. J. 3-31-04, p. 20916, § 4.5; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 1, § 5; Amend Coun. J. 4-14-10, p. 88490, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 4-18-12, p. 23762, § 2; Amend Coun. J. 6-27-12, p. 29952, § 1; Amend Coun. J. 11-19-14, p. 98037, § 3; Amend Coun. J. 5-6-15, p. 108095, § 5; Amend Coun. J. 5-6-15, p. 108500, § 6; Amend Coun. J. 10-28-15, p. 11951, Art. X, § 6; Amend Coun. J. 11-16-16, p. 37901, Art. VI, § 2; Amend Coun. J. 3-28-18, p. 74788, Art. I, § 6; Amend Coun. J. 4-10-19, p. 99059, § 2; Amend Coun. J. 11-26-19, p. 11390, Art. III, § 7; Amend Coun. J. 10-7-20, p. 21531, § 1; Amend Coun. J. 4-21-21, p. 29739, § 1; Amend Coun. J. 11-15-23, p. 6542, Art. I, § 10 and Art. IV, § 2; Amend Coun. J. 12-16-24, p. 22233, § 1; Amend Coun. J. 12-20-25, p. 38352, § 5; Amend Coun. J. 12-20-25, p. 39283, Art. V, § 5)
