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HomeMy WebLinkAboutOrd 2192 10/21/1969 .--- _.. . . .. , ORDINANCE NO. 2192 A~ ORDINANCE PROVIDING FDR A SUPPLY OF \'lATER hBEREAS, on October 18, 1969, utility Sewer & Water Co. and the Village of f\1ount Prospect executed a purchase agreement providing for the acquisition by the Village of the wateI"tlOrks, water distribution system and sanitary sewer system of utility Sewer & Water Co.; and v-lHEREAS, pursuant to the aforesaid purchase agreement, Utility Sewer & Water Co. has, on October 18. 1969, delivered a bill of sale to the Village of Mount Prospect conveying the said waterworks, water distribution system and sanitary sewer system of Utility Sewer & Water Co. to the Village; and \<lHEREAS, the aforesaid purchase agreement provides for the assignment to the Village of Mount Prospect by Utility Sewer & Water Co. all of the latterts right, title, and interest in and to a certain Agreement for the Purchase of idater, dated May 6, 1959, by and between Haycinden Sewer & Water Co., Inc., and Utility Sewer & T,I}'ater Co.; and l'lHEREAS. the obligations of \'laycinden Sewer & Water Co. under the aforesaid Agreement for the Purchase of ItJater have been guaranteed by Citizens Utilities Company; and ltJHEREAS, pursuant to the aforesaid purchase agreement, utility SeTtler & \^later Co. has, on October 18, 1969, assigned its right, title and interest in and to the said Agreement for the Purchase of T,I}'ater to the Village of ~1ount Prospect and the said Village has accepted the said assignment; and vJHEREAS. the President and Board of Trustees of the Village of r'10unt Prospect desire to provide that payments under the said '^later supply contract be made solely from the revenues to be derived from the operation of the 1'laterworks system of the Village and that the same shall be a valid and binding obliga- tion of the Village payable from said revenues from the remaining tenn of the said agreement, which said term extends to fJIay 6, 1984; l:fOd THEREFDRE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VIILAGE OF MOUNT PROSPECT, COOK COUI'JTY, IILINOIS: SECTION ONE: That the Village of Mount Prospect does hereby confinn its ac- ceptance of the assignment of the "Agreement for Purchase of Water" (a true and correct copy of which agreement is attached hereto as Exhibit A of this ordinance and made a part hereof) dated May 6, 1959, by and between ldaycinden Sewer & Water Co., Inc., and Utility Sevier & Water Co., and the Village does, by this Ordinance, accept the obligations imposed on Utility Sewer & Water Co., under and by virtue of the said Agreement for Purchase of T,^later. SECTION TVlO: That all payments to be made for water sold and delivered to the Village of Mount Prospect pursuant to the said Agreerrent for the Purchase of Water shall be made solely from the revenues to be derived from the opera- tion of the wateI"llorks system of the said Village. SECTION THREE: That the aforesaid Agreement for Purchase of \AlateI' shall be a continuing valid and binding obligation of the Village of Mount Prospect payable from the revenues derived from the operation of the vlaterworks system of the said municipality for a term of not to exceed twenty-five (25) years from the date of the said Agreement for purchase of \^later. -- -2- ARTICLE I Acquisitio:Q..~!l9. Tra~fef:._<2.:f_~~C?.eerties Section 1.01 _~roperties to be Transferred (A) utility agrees to. sell, convey, and transfer by good and sufficient bill of sale or instruments of conveyance or assignment to Mount Prospect, free and clear of all encumbrances, all of the waterworks and water distribution system and sanitary sewer system of utility located in the area shown in Exhibit "A" attached to this Agreement and made a part hereof by this reference, including, but not limited to the following: all underground pipes, mains and facilities, all above-ground production and storage facilities and equipment, and all right, title and interest of utility in and to any leaseholds or easements on which any pro- duction, storage, or distribution facilities of utility are located, which property and assets are presently owned by utility; and all of the materials and supplies o\ffied and used by utility and capable of being used by Mount Prospect in connection with the operation of the said waterworks and water distribution system and sanitary sewer systemo The physical property, assets, materials, and supplies of utility being acquired by Mount Prospect under the t~rms of this Agreement are set forth in Appendix B attached to this Agreement and by this reference made a part hereof. It is mutually understood and agreed that the property, assets, materials, and supplies of utility being acquired by Mount Prospect do not in- clude any'stock, bonds, securities, or cash on hand or deposited to the credit of utility in any bank or financial institution. It is further understood and agreed that utility has represented that it owns no real estate in fee simple and that utility does not purport to contract to convey any facilities that it has not represented that it owns. ,,' ..,.... -- '~""""". ~. "'t PURCH..0.S E AGREEMENT BETWEEN UTILITY S~?ER & WATER CO., INC. AND THE VILLAGE OF MOUNT PROSPECT . iftl~ THIS AGREEMENT, dated ~s of the L~day of ) f!t;~Q; , 1969, by and between UTILITY SEWER & WATER CO., INC., an Illinois . . corporation (hereinafter referred to as "utilitylJ), and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter referred to as "Mount Prospect IJ) , WIT N E S S .E T H: WHEREAS, Mount Prospect has duly exercised a certain right and option to purchase utility's waterworks and water dis- tribution system and sanitary sewer system, as such utility systeM is hereinafter more fully described, as provided in a certain Consent Decree dated October 18, 1967 and entered in Salvatore Di Mucci, et 0.1 v. Da~iel Congreve I at 0.1., Circui t Court of Cook County Case No. 66 CH 7539 (hereinafter referred to as the "Consent DecreelJ) and pursuant to Mount Prospect Ordinances Nos. 884 and 885 passed and approved by Mount Prospect on December 4, 1962 (hereinafter referred to as the "Ordinances")i and -'" WHEREAS, Mount Prospect has duly given utility notice of the e~ercise of said right and option; and WHEREAS, utility desires to sell to Mount Prospect the said waterworks and water distribution system and sanitary sewer system in accordance with the provisions of said Consent Decree and Ordinances, NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, the parties hereto mutually agree as follows: " '-, ~ -.3-- (B) utility further agrees to assign to Mount Prospect on the Closing Date established herein, all of its right, title and interest in and to a certain contract for sale and delivery of \<later dated May 6, 1959, by a.nd between Vlaycinden Sel;ver & Water Company, Inc~, and utility Sewer & Water Company and Mount Prospect agrees to accept such assignment. Mount Prospect agrees that it will within 30 days adopt such ordinances and resolutions and take such other action with respect to the assignment of said contract as may be required by Section 11-124-1 of the Illinois Municipal Codeo (Ill. Rev. Stat~ [1967] Ch. 24 Sec. 11-124-1) Mount Prospect agrees to indemnify and defend and save utility harmless of and from all damages, expenses, liabilities or costs arising out of or imposed by the said contract from and after the date of the afore- said assignment by utility to Mount Prospect. By this agreement, Mount Prospect does quitclaim and disclaim any and all right, title or interest in or to any sums that may be due and owing to utility from citizens utilities Company of Illinois, and in particu- lar, to a certain sum of $45,248.99 claimed to be due to utility from Citizens utili ties Company of Illinois, under and by virtue of Section 7, page 4, of the aforesaid contract between utility and Waycinden Sewer & Water Company. (C) utility agrees to assign to Mount Prospect a cer- tain lease dated December 18, 1965, by and between pioneer Trust & Savings Bank, as Trustee under Trust No. 11056, as Lessor, and utility Sewer & Water Company, as Lessee, under and by virtue of which lease utility occupies and uses the fOllowing-described pro- perty for a water storage tank and pump house: The North 80 feet of the South 646 feet of the West 160 feet of Lot 5 in the Division of the Louis F. Busse Farm, being the Northeast Quarter (NE 1/4) except the West 686.4 feet, of the Nortln.;rest Quarter (NW 1/4) of said Northeast Quarter (NE 1/4), of Section 15, Township 41 North, Range 11, E~st of the Third Principal .,.',~~.D~,rc:l..~ml..~(,..'D~..::l~~7...e,~,\,;;".'\l;<"'-:"':;,,,,,,..;.';,r,..~~~~,>....'^.-e":".........-~...v."""'~-,;-~if',$:..~'~~~'"""...~~'~.atf,m:~~~~<<__~(1O~'~~{.,~",-;;j~~.~,t.1O<Ot.>iGw....."~~~_~~~.~'JOl-~......f..;~.g"-'".;,;"~..:..,. .-'" ~. , '. . -4- tvieridian, in Cook Couhty, Illinois, and commonly known as Lot TIT" in Elk Ridge Villa Unit No.7. Mount Prospect agrees to accept such assignment and further agrees that in the event it ceases to use the aforesaid pr'operty for a water storage tank and pump house it will dismantle and remove the said storage ta[lk and pump house at its sole expense. Mount Prospect further agrees that its obligation to pay the rental under the aforesaid lease shall continue notwithstanding the removal of the said storage tank and pump house. Section 1.02 Purchase Price (A) The purchase price for the water distribution system shall be $490,450, computed in accordance with the aforesai.d Ordinance No. 884 of Mount Prosp€.ct as follows: (1) 983 single family residential customers at $350 per customer $ 344,050 (2) 1176 apartment unit customers at $100 per customer 117,600 (3) For three (3) schools and one (1) fire station at $1000 each 4,000 (4) For twenty-three (23) industrial and commercial customers at $1000 each 23,000 (5) For three. (3) swimming pools at $600 each 1 , 800 Total for Waterworks and Water Distribution System $ 490,450 (B) The purchase price for the sanitary sewer system shall be $312,350 computed in accordance with aforesaid Ordinance No. 885 Of Mount Prospect as follows: (1) 983 single family residential customers at $250 per customer $ 245, 750 (2) 666 apartment unit customers at $100 per customer 66,600 '!< Total for Sanitary Sewer System $ 312,350 Total purchase price for V./aterworks, Water Distribution System and Sani.tary Sewer'.. System $ 802,800 .-, -.5"- SectiQ.!!~3 Clo.sing (A) Delivery of the instruments of conveyance, assignment and transfer to be delivered by utility and payment by Mount Prospect of the purchase price, and consu~~ation of the other transactions herein contemplated to take place concurrently with such delivery and payment, shall take place at the offices of Mount Prospect State Bank, Mount Prospect, Illinois, at 11:00 a.m., on October 18, 1969. (B) At the Closing, utility shall deliver to Mount Prospect such number of executed counterparts of the instruments of conveyance, assignment and transfer to be delivered by it as Mount Prospect may reasonably require. Possession, use and occu- pancy of the said waterworks and water distribution system and sanitary sewer system shall pass to Mount Prospect at 12:01 a.m. on the first day following the Closing Date (hereinafter called the "Transfer Date"). All prorations shall be computed as of October 18, 1969. Section 1.04 Books and Record? utility agrees to permit the duly authorized attorneys, accountants, engineers and other representatives of Mount Prospect to make all reasonable inspections of utility's books and records (including operating records, but not including corporate minute books, financial statements, or income tax returns) and to make copies thereof. If utility delivers any original books, records or other documents to Mount Prospect, then Mount Prospect shall preserve the same for as long as the rules, regulations and pro- cedures of governmental authorities applicable in respect thereof may require, provided that utility so requests in writing within 75 days after the Closing Date, such request to set forth the .-- - -6- period of retent~on and the basis for requiring such retention. During such period of retention, Mount Prospect shall make avail- able to utility for examination and reproduction at all reasonable times and for any reasonable purpose, such original books, records . or other documents. utility shall preserve all original books, records and other documents pertinent to the propertiesto be transferred not delivered to Mount Prospect for as long as Mount Prospect may request, provided Mount Prospect so requests in writing within 75 days after the Closing Date, such request to set forth the period of retention and the basis for requiring such retention. During such period of retention, utility shall make available to Mount Prospect for examination and reproduction at all reasonable times and for any reasonable purpose, such original books, records, and other documents. ARTICLE II Prorations ----,--- Section 2.01 Prepaid Ex~ense~_an~e~erred Credits There shall be prorated bebV'een utility and Mount Prospect all fees required in connection with permits, occu- pation licenses and any other licenses pertaining to utility's waterworks and water distribution system and sanitary sewer system, or the operation thereof, and prepayments theretofore received or paid by utility under any agreements or obligations which might be assumed by Mount Prospect in connection with the sale contemplated hereunder. utility. shall cancel as of the Transfer Date all insurance it may have with respect to the said waterworks and water distribution system and sanitary sewer system, and the opera- tion thereof, and shall be entitled to retain the proceeds thereof. ~ ,""~._!\ -'7- Mount Prospect shall pay to utility an amount equal to its share of all prepaid expenses (excluding insurance) and utility shall pay to Mount Prospect an amount equal to its share of all deferred credits. Section 2~02 Taxes All real and personal property taxes shall be prorated between utility and Mount Prospect as of the Closing Date on the basis of the taxes assessed for the most recent ascertainable tax period. Section 2.03 utili~~ill~ utility and Mount Prospect agree that Mount Prospect will read all water meters on the water distribution syste~ to be con- veyed pursuant to this agreement on or about November 1, 1969, and issue bills therefor. Mount Prospect agrees that within 10 days of the date of issuance of said bills, it will remit to utility its prorata share of the said billings, such proration to be made as of October 18, 1969. utility agrees to certify to Mount Prospect the gross amount of customer security deposits held by it. utility further agrees that Mount Prospect may deduct the total amount of such security deposits from the amounts due utility in respect of the November 1, 1969 billings. utility further agrees that in the event its prorata share of the said November 1 billings is less than the aggregate amount of the customer security deposits held by it, then utility will pay to Mount Prospect the difference between the amount of such billings and the aggregate amount of the said security deposits. 2.04 Wa~er SupplY Bills utility agrees tha J::; it will request and secure from Citizens utilities Company of Illinois, a final meter reading and bill as of October 18, 1969, for water sold and delivered to utility pursuant to the ~ater supply' contract referred to in Section 1.01 ~. --8- (B) of the Agreement. utility further agrees to pay the said final bill when due. ARTICLE III - INDEMNITIES Section 3.01 utility's Indemnities utility agrees to indemnify and save Mount Prospect harmless from all liability, loss or damage: (A) Arising out of any default under or failure to perform, on the part of utility, prior to theTransferDate, all contracts, leases, permits and all other obligations assigned to Mount Prospect; (B) For all torts of utility occuring prior to the Transfer Date arising out of the ownership and operation of said waterworks and water distribution systeill and sanitary sewer system of utility. Section 3.02 Mount Prospect's Indemnities Mount Prospect agrees to indemnify and save utility harmless from all liability, loss or damage: (A) Arising out of any default under or failure to perform, on the part of Mount Prospect, subsequent to the Transfer Date, all contracts, leases, permits and other obligations assigned to Mount Prospect; (B) For all torts of Mount Prospect occuring subse- quent to the Transfer Date arising out of the owner- ship and operation of the waterworks and water distri- bution system and sanitary sewer system sold pursuant to this agreement. Section 3.,01 Lift Jl.tat~on Indemnity Notwithstanding, the provisions of Section 3.01 and 3.02 of this Agreement, it is understood and agreed that Mount Prospect will continue to indemnify and save utility harmless of and from all damages, expenses, liabilities or costs arising out , \ ~ -9~ of any mechanics' or materialmen's lien claims or of any malfunc- tion or defects in the operation of the lift station constructed pursuant to Section 6(b) of the above-described consent decree in Salvatore Di Mucci, et al v. Daniel Congreve, et 0.1. ARTICLE IV Representations and Warranties Section 4.01 utility's Representat,ions and warra~~ie~ utility represents and warrants to Mount Prospect as follm\'s: (A) O~~:Q..katiQ.!l_and S tanding Tho. tit is a corporation duly organized, validly existing and in good standing under the laws of Illinois. (B) Authoritz That the execution and delivery of this Agreement and the sale contemplated hereby have been duly authorized by utility's Board of Directors and that true and correctaopies, certi- fied by its Secretary or Assistant Secretary, of the resolutions of its Board of Directors authorizing this Agreement and the sale contemplated hereby will be delivered to Mount Prospect on or prior to the Closing Date; and that no approval or other action by the shareholders of utility is necessary or re- quired in connection with this Agreement or the sale contemplated hereby. (C) Realty, Plant~quipment That it has good and merchantable title to all of the property, assets, materials and supplies to be conveyed and transferred by it, subject to no mortgage, pledge, lien, condi- tional sale agreement, encumbrances or other charge. .-- ....-,. -10- (D) Litigati~~ That except for suits of a character incident to the normal conduct of utility's business and involving not more than One Thousand Dollars ($1000.00), in the aggregate, thereis no litigation, proceeding-or investigation pending or, to the knowledge of utility, threatened, which might result in any materially adverse effect on utility, or change in the business or prospects of utility, or which questions the validity of any action taken or to be taken by utility pursuant to or in connection with the provisions of this Agree- ment, nor does the utility know or have any reasonable ground to know of any basis for any such litigation, proceeding or investigation, except a certain law-. suit pending between utility Sewer & Water Co., and Citizens utilities Company of Illinois with respect to the interpretation of the water supply contract referred to in Section 1.01(B) above, which lawsuit is entitled utility Sewer & Water Co. v. W~ci-!1den. ~~wer &_~ater g~L-Inc., pending in the Circuit Court of Cook County, Illinois, as Cause No. 67 CH 2224, the prosecution of which ]awsuit Mount Prospect agrees to assume. (E) Compliance with obligations That with respect to the operation of the property, assets, materials and supplies to be transferred, utility has at all times complied with the provisions of all applicable federal, state and local statutes, regulations and ordinances, and with all contracts and commitments to which it is a party, and is not in default under any thereof, by reason of the conveyance, assignment p~. ~ -11- and transfer of the said waterworks and water distri.bution system and sanitary se'\ver system to Mount Prospect. (F) R~ght.s of WaY.Jasemen.ts 1_~tC. That utility is the holder of valid and subsisting rights of way, easements and other rights to the extent reasonably necessary for the conduct of the operations of the said waterworks and water distribution system and sanitary sewer system in the manner in which it is now con- ducted and maintained. ARTICLE V MISC~NEOUS Section 5.01 Parties in Interest This Agreement shall bind and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto, and any referencesto any of the parties hereto shall be deemed to include all successors and assigns. ~i9B_.~~~_[nt~retations It is agreed that all questions of law arising under this Agreement shall be determined under and according to the laws of the State of Illinois. Sec~iS?lL2.2.Q.LDuplicate Or~ginals This Agreement may be simultaneously executed in duplicate originals and each such dupli- cate original executed and delivered, each as an original, shall constitute but one and the same instrument. Section 5.04 Unrecorded Easements and RUlht~f_Vi.~ utility recognizes that evidence of its right, title and interest in and to certain property has not been filed, recorded or regis- ...,,-. -12- - tered and that it has this day executed an instrument entitled IIAssignment of Unrecorded Property" describing such property; utility hereby agrees that within 90 days after the date hereof it will at its own expense: (A) Record, register, and .file all instruments necessary to show of record good and sufficient title of, in and to all unrecorded property as described in said assignment; and (B) Do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, all and every such further acts, deeds, transfers and assurances for the conveyance, confirmation or assurance unto Mount Prospect of all its right, title and in- terest to such unrecorded property. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed, sealed and delivered by their respective officers thereunto duly authorized, as of the day and year first above written. UTILITY SEWER & WATER CO 0' INC 0 Bc;;d~ /:l -,' /:Y _. ~/~.A'~~___ , Presid~ ATTES':.l ; ,r} /? '-......./ ,.dA-iL~~. L./ /ll ' . . I (. ~~~ Secretary (CORPORA':FE SEA.L) VILLAGE OF MOUNT PROSPECT President AT2EST:i '///~ . _ . __~rllt/: - ~ Village Clerk (CORPORA'l'E SEAL) And also '\ /~, <:::'> -.. Tnat part of the West 1/2 of the West 1/2 of Section 14, 'I'ownship 41 North, Range 11 East of the Third Principal Meridian de- scribed as commencing at:: a point in the West line of said Section 14 which is 10.00 feet South of the Southwest corner of the Northwest 1/4 of said Section l4j 'Thence Southeasterly on "a line from an angle of 700 591 10" as measured from South to East with the West line of said Section 14 a distance of 710.88 feet; Thence continuing Southerly and Easterly on a curved line tangent to the last described course con- verse to the Southwest and having a radius of '1433~10 feet a distance of 475.58 feet as measured along said curved linej Thence East on a line tangent to the last described curve a distance of 182.87 feet to the East line of said West 1/2 of the West 1/2 of said Section 14j Thence North along the East line of the West 1/2 of the West 1/2 of said Section 14 a distance of 1466.84 feet to an intersection with the center line of Golf Roadj Thence Northwesterly along the center line of Golf Road for a distance of 1348.70 feet to the West line of said Section l4j Thence South along the West line o~ said Section 14 a distance of 1417.0 feet to the place of beginning in Cocl~ County, Illinois. All that part of Sections 14, 15, 22 and 23, all in Township 41 North, Range 11 East of the Third Principal Meridian described as follows: Co~nencing at the Northeast corner of aforesaid Section 15; Thence West along the North line of said Section to the North and South center line of said Section thence South along said North and South center line to the center of said Section 15; Thence East along the East and West center line of said Section 15 to the West line of Ed\'7ard Busse's division of landsj Thence South along the West line of said division to the South line of said Section l5j Thence West along the South line of said Section 15 being also the North line of aforesaid Section 22 to the Northerly line of the Northern Illinois Toll HighwaYi Thence Southeasterly along the North- erly line of said Toll High\vay to the West line of the East 473.11 feet of the livest 1/2 of aforesaid Section 23; Thence North on said line to the North line of said Section 23 and the South line of Sect.ion 14 j Thence East along. . J EXHIBIT "A" to Agreement dated October 18, 1969 between utility Se~er & Water Co. and the village of.Mount Prospect - PAGE I ---. ~ ." , '. tne SOUti1 line of suid Section ~4 to the West line of the Sout.heast 1/4 of the Sout.hwest 1/4 of said Section 14; Thence North along said line to the South line of the right of way of the Commol1,,'lealth Edison Company; Thence East-. erly along saiCi South line to the East line of the South'.'lest 1/4 of said Section 14; Thence South alon~ said line to the North line of the South 477.78 feet of the West 1/2 of the Southwest 1/4 of said Section 14; Thence East long said line to the ~'lest line of the East 7.38 chains of the West 1/2 of the East 1/2 of said Section 14; Thence North along said line to the South line of Annen and Busse's Bel Air Gardens, a subdivision; Thence East, North and West along the South- east and North lines of said subdivision; Thence continuing North along the ~\Test line of the East 7.38 chains aforesaid to the center of Golf Road; Thence West along the center of Golf Road to the East line of Busse's Country Estates Subdivision; Thence North alon9 said East line to the North line of said Section 14; 'l'hence West alon9 the North line of said Section to the place of beginning together with that part of the South 20 acres of the Southwest 1/4 of the Southwest 1/4 of said Section 14 lyin9 South of the South line of the Right of way of the Comnlonwealth Edison Company. ~: EXHIBIT "A" to Agreement dated October 18, 1969 between utility Sewer & Water Co. and the Village of Mount Prospect - PAGE II ~ , .. ~ ." Exisirinq 'I'7aterworks and 'I'later Distribution System Consisting of cast iron mains and fittings, gate valves, and valve malll10les, hydrant leads and fire hydrants, a 500,000 gallon ground level water storage reservoir, a booster pumping station, water pumping equipment, con- sisting of one 500 gallon per minute and one 1000 gallon per minute pumps complete with all automatic controls appurtenant thereto, water chlorination equipment and water distribut.ion facilities composed of the following: 6 inch cast iron mains - 5.72 miles, more or less 8 inch cast iron mains - 6.43 miles, more or less 10 inch cast iron mains - 0.05 miles, more or less 6 inch cast iron gate valves and manholes - 62 each 8 inch cast iron gate valves and maru10les - 57 each Fire hydrants with valves - 137 each Copper water services including corporation cock, box and cast iron and copper service varying from 3/4 inch to 3 inch (and including appurtenances) - 5.77 miles, more or less Water Meters 5/8 inch meters inch meters inch meters inch meters inch meters TO'l'AL: 862 41 4 21 2 930 1 1 1/2 2 3 ExistinL~ani tarY-J2e,."!er Systerl!, Consisting of: 6 inch and 8 inch diameter vitrified clay pipe - 6.33 miles, more or less . 8 inch diameter vitrified clay pipe - 6.39 miles, more or less 10 inch diameter vitrified clay pipe - 1.70 miles, more or less 12 inch diameter vitrified clay pipe - 1.60 miles, more \ or less ;15 inch and 24 inch diameter vitrified clay pipe - 0.08 miles, more or less 48 inch diameter manholes - 168 each 36 inch diameter manholes - 17 each Which sanitary se\ver collecting system is a gravity system discharging into existing intercepting se\v"er located in Busse Road, of the Hetropolitan Sanitary District. of Greater ChicagOi together with such additional mains, pipes and appurtenant facilities as may have been constructed in the service area hereinafter described between July 18, 1969 and the date of this instrument. EXHIBIT "B" to Agreement dated October 18, 1969, between utility Sewer & Water Co. and the village of Mount Prospect ,~ ......-...,,~ .- STATE OF ILLINQIS ) } SS. COUNTY'OF COO K ) On this f ~~ay of ~. , 1969, before me, . ~tarY Public within and for saidffUjty, personall..l;appeared ~~~ ^-C\h^~~ anc1~G~ /(Jt ~ to me personally known, \-lho, being each by me duly sworn, did say that they are respectively the President and Secretary of UTII,ITY SElRER & WATER CO. a INC. 11 the corporation named in the foregoing instrument, and that the seal affixed to said instru- ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation authority of its Board of~ir~ctors, and said &~and ~lJ~ & ~---:~- knowledged said instrument to be the free act and deed of said ..... corpOraL.lon. \ 52 ~~ .~-- , Notary Public County, Illinois Commission E:,:pires ~_~jv 1 ..- .- -/" ~v STATE OF lLLIN9IS ) ) ss. COUNTY OF COO K ) On this Id--f/~ day of CJC7t.J<JI.5;'( I 1969, before me, , a Notary P\.lblic within and for said County, personally appeared ./I..;. /,) fE~ T tl ?it'; 1--/(;1( I and ,;:JD.I....//-~KJ W 6'-UP"'~4_ to me personally known, who, being each by me duly sworn, did say that they are respectively the President and Village Clerk of the VILLAGE OF MOUNT PROSPECT, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corpora- tion, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Board of Trus- >7 ~ tees, and said ./'( iJKJ!Z#tJ /2 /E>c/?"ii"1:;. and Q 1> ..I" /?t.- Kl W'.. tl.:.~/P ,"'?~.-- acknowledged said instrument to \, Sai~jC~iPal co~~ ~ ---. --;--Notary Public . C ok Countv, Illinois y CommissIon Expires be the free act and deed of ~,b 'C( Jy- -.. ~ :.. ......, SEGrION IV. That this Ordinance shall be in full force and effect fran and after its passage, approval and publication in the manner prescribed by la\'1. AYES: 5 NAYS: 0 PASSED and APPROVED this 21st day of October, 1969. ATTEST: ~~.;:7..~../-. '7/."~1 <: ,.../~! /l /...,' ." .. / ~' .., / /.. ..- "" y .~ // ~ .. -r'-.' :.Ji-~... Village President