HomeMy WebLinkAboutOrd 2149 02/18/1969
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ORDINANCE NO. 2149
AN ORDINANCE EXERCISING THE OPI'ION TO PURCHASE THE WATER
WORKS AND WATER DISTRIBUTION SYSTEM OF THE UTILITY SEWER
AND WATER CORPORATION
WHEREAS, on December 4, 1962 the President and Board of Trustees of the Village
of Mount Prospect adopted Ordinance No. 884 granting a franchise from the date
thereof until January 1, 1987 to Utility Sewer and Water Corporation, an
Illinois corporation, granting the said corporation the franchise, right and
privilege of owning, operating and maintaining a water works and water dis-
tribution system in a portion of the Village of Mount Prospect described in
a certain Exhibit "A" attached to said Ordinance No. 884; and
WHEREAS, Ordinance No. 884 establishes the price to be paid for said water
works and water distribution system; and
WHEREAS, under and by virtue of a consent decree entered on October 18, 1967,
in the matter of 8al vat ore DiMucci et a1. v. Daniel Congreve, et al., Circuit
Court of Cook County, Cause No. 66 CH 7539, it was agreed by and between the
Village of Mount Prospect and Utility Sewer and Water Co., in paragraph 6
thereof, that upon the determination by the Village that it would exercise
the right and option to purchase the physical assets of Utility Sewer and
Water Co. pursuant to the said Ordinance No. 884, the Village would give
Utility Sewer and Water Co. notice of its exercise of the said option by
certified or registered mail prior to March 15, 1969, but not sooner than
February 1, 1969.
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have determined that the best interests of the Village of Mount Prospect
would be served by the exercise of said right and option contained in
Ordinance No. 884 and reaffirmed under the terms of the consent decree under
Cause No. 66 CH 7539;
NOltl, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: The Village of Mount Prospect does hereby exercise its right and
option to purchase the water works and water distribution system of Utility
Sewer and "'later Corporation granted under and by virtue of the terms of
Section 16 of Ordinance No. 884 of the Village of Mount Prospect passed and
approved on December 4, 1962, as clarified, confirmed and extended pursuant
to the terms and conditions contained in paragraph 6 of a consent decree
entered on October 18, 1967, in the Circuit Court of Cook County, in the
matter of Salvatore DiMucci et a1. v. Daniel Congreve, et a1., Cause No.
66 CH 7539.
SECTION 2: The Village Clerk be and he is hereby authorized and directed
to give notice in writing to Utility Sewer and Water Corporation by trans-
mitting a certified copy of this Ordinance by certified or registered mail
prior to March 15, 1969.
SECTION 3: This Ordiflance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
AYES:
NAYS:
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