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HomeMy WebLinkAboutRes 07-75 02/18/1975 ~ ~~\ \ '.:c'- ~ RESOLtITION NO. 7 - 75 A RESOLUTION GRANTING A CERTAIN LICENSE TO TIffi METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that "any nnmicipality which has a population of more than 25,000 (is) a Home Rule Unit" and the Village of Mowt Prospect, Cook County, Illinois, with a population in excess of 25,000 is, therefore, a Home Rule Uni and may, under the power granted by said Section 6 (a) of Article VII exercise any power and perfonn any function pertaining to its government and affairs; and . WHEREAS, pursuant to such authority, the Mayor and Board of Trustees of the Village of Mowt Prospect have heretofore passed and approved an ordinance amending the Mpunt Prospect Municipal Code of 1957, by adding thereto Sections 9.202 and 9.203 requiring certain approvals by the Mayor and Board of Trustees of the Village of Mowt Prospect prior to certain work within certain areas of the corporate limits of the Village of Mount Prospect; and WHEREAS, the Metropolitan Sanitary District of Greater Chicago has requested certain licenses, easements, rights, and authorities be granted it in order to construct and maintain the ''Ttnmel and Reservoir Plan" as well as certain conveyance facilities and appurtenances thereto. NOW, THEREFORE, BE IT RESOLVED BY TIffi MAYOR.AND BOARD OF TRUSTEES OF TIffi VILLA OF M)UNI' PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That ,subj ect always to the approvals required of Section 9.202 and Section 9.203 hereinabove mentioned as well as subject always to the conditions hereinafter stated, the perpetual license, right, and authority be and the same is hereby granted and given to the Metropolitan Sanitary District of Greater Chicago (hereinafter referred to as "Sanitary DistrictH), to const reconstruct, repair, maintain, and operate the Turmel and Reservoir Plan, Rock Turmels and Drop Shafts, Weller Creek, Central Road to Elmhurst Road and Elmhu t Road, Upper Des Plai.!\es No. 20, Contract 73-317-2S; Tunnel and Reservoir Plan, Rock Turmels and Drop Shafts, Weller Creek and Feehanville Ditch, Lonnquist Boulevard and William Street, Upper Des Plaines 21, Contract 73-320-2S; Turmel and Reservoir Plan, Eqrth Turmel, Weller Creek, Mowt Prospect Road, Princeton Street and Wolf Road, Upper Des Pl~ines 20-B, Contract 73-3l9-2S; and Turme1 and Reservoir Plan, Connections and Laterals, Weller Creek, Various Locations, Upper Des Plaines 20A, Contract 73-3l8-2S; together with tpe appurtenances the t hereinafter designated as "Coneyance Facilities" upon, under and through those certain streets, highways, public lands, public rights-of-way, and public ease- ments of the Village of Mowt Prospect, (hereinafter referred to as ''The Villag " within the territorial limits of The Village traverse~ by said Conveyance Facilities, which rights-of-way within said territorial limits are shown upon a map attached hereto and hereby made a part hereof as Exhibit "N' and which rights-of-way are described as follows to wit: That portion of Elmhurst Road lying wi thin the corporate limits of the Village of Mowt Prospect bowded on the South by Dempster Street and on the North by Cowcil Trail: the West Half (1/2) of Elmhurst Road bowded on the North by a point approxtmate1y 720 feet South of the center line of Dempster St~eet and on the South by 1 ~\ r"\/~ ;" \ Oakton Street; those portions of Cotmcil Trail, and Manawa Trail, botmded on the East by Elmhurst Road and on the West by We-Go Trail (extended); and that portion of Weller Lane botmd on the North by . Central Road and on the South by a point approximately 417 feet South of the South line of Cleven Avenue in Sections 23, 14 13 12 and 1 in Township 41 North, Range 11, East of the Third Principal'Me:idian and also in Section 33, Township 42 North, Range 11, East of the Third Principal Meridian, Cook COtmty, Illinois; and also ~..-_. ~ ~... .--...-.- That portion of Lonquist Boulevard .between Elmhurst Road and a point approximately 120 feet East of the East line of Albert Street in Sections 12 and 13, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois; and that portion of William Street between Lormquist Boulevard and Isabella Street in Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, 'and in Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, all in Cook County, Illinois., and also that portion of Isabella Street between William Street and Edward Street extended and that portion of Gregory Street between Rand Road and a point 505.00 feetEast of the West line of Section 35-42-11, all in Sections 34 and 35, Township 42 North, Range 11, East of the Third Principal Meridian, Cook COtmty, Illinois; and also That portion of the West Half (1/2) of Motmt Prospect Road between a point approximately 250 feet South of the South line of Prospect Avenue and the South line of Milburn Avenue in Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, Cook COtmty, Illinois; and also That portion of Lincoln Street between Weller Creek and Kenilworth Avenue in Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County; Illinois; and also That portion of Central Road between Weller Creek and Bobby Lane in Section 11 of Township 41 North, Range 11, East and Section 33 of Township 42 North, Range 11, East of the Third Principal Meridian, Cook COtmty, Illinois; and also Those portions of Can-Dota Avenue, Na-Wa-Ta Avenue and See-Qwun Avenue between Council Trail and Manawa Trail in Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, Cook COtmty, Illinois; and also That portion of We-Go Trail not heretofore vacated by the Village of Motmt Prospect which lies between Shabonee Trail and Manawa Trail in Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois; and also Those portions of Manawa Trail between Na-Wa-Ta Avenue and Wapella Avenue and between I -Oka Avenue extended and Elmhurst Road in Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, Cook COtmty, Illinois; and also . That portion of William Street lying wi thin the intersection of Berkshire Lane and Weller Creek in Sections 12 and 13, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois. SECTION TWO: That the location, size, and manner of construction of the Conveyance Facilities shall be in accordance with plans and specifi~tions prepared by the Sanitary District, as approved by the Mayor and Board of 2 ~\ ,~~, ..11 '" '. . . Trustees of the Village of Motmt Prospect. SECTION THREE: That the rights hereby granted to the Sanitary District are so granted upon the following conditions: A. That the Sanitary District shall, at its own expense, make such changes in the location of the police and fire 'alarms and street lighting, and electric wires of The Village as may be rendered necessary by the construction of the Conveyance Facilities of the Sanitary District. B. That the Sanitary District shall, at its cost and expense, install all such safety devices and traffic control signals as may become necessary and required by. The Village for the public convenience, health and safety, as a result of any , routing .or rerouting of traffic caused by the constructiqn contemplated in this Resolution. C. That the Conveyance Facilities of the Sanitary District shall be constructed, reconstructed, repaired, and efficiently maintained and operated solely by the Sanitary District at its sole expense and cost; and The Village shall not be held responsible in any marmer for the location or maimer of construction, reconstruction, repair, or operation of.. the same. D. That the Sanitary District shall defend, protect, indenmify, keep and save hannless The Village, its Mayor, Trustees, officers, agents, employees, contractors and sub,,:,contractors and/or their employees against all clatms for damage to real and personal property as well as against all injuries, liens, suits, liabilitie , judgments, costs, expenses, and attorneys fees suffered and/or incurred by The Village, its Mayor, its Trustees, its officers, its agents, its employees, its contractors and sub-contractors and/or their employees, and/or its citizens which clatms, injuries deaths, losses, damages, liens, suits, liabilities, judgments, costs, expenses, and attorneys fees may directly or in- directly be incurred ,suffered , and/or arise by or from the construction, reconstruction, repair, maintenance and/or operation by the Sanitary District of the Conveyance Facilities. The Sanitary District shall defend, indenm.ify, and hold The Village and/ or citizens thereof hannless from any and all liability, cost, or expense resulting from the failure of the Sanitary District to keep and perform the foregoing covenant~ E. That the Sanitary District shall, at its sole cost and expense, restore to their former condition of usefulness the pavements of all streets, public alleys and highways, as well as all other structures, shrubs, trees and sod which may be disturbed or interfered with or damaged by the construction, maintenance, repair, or operation of the Conveyance Facilities, as well as all walks, crosswalks, curbs, gutters, catch basins, and ditches as soon as practicable, and shall thereafter maintain such restoration from time to tiine as may be necessary, but not .to exceed two (2) years. All surplus excavation and other spoil shall be removed from the paved streets, public alleys, and high- ways by the Sanitary District. F. That The Village does hereby order and direct all persons, partnerships, or corporations which shall at the time of the 3 ~\ r---\~ .,. \ . ,- ~. . " ~ construction of the Conveyance Facilities own, op~rate 'or mainta. any conduits, wires, poles, pipes, gas mains, cables,electric, steam and street railway tracks and equipment or other structures wi thin any portion of the streets, public alleys and highways to b~ ex<;:avated in ~e construction of the Conveyance Facilities, at his, 1. ts, or the1.r own expense, to make such changes in the location of such conduits, wires, poles, pipes, gas mains and cables, electric, steam and street railway tracks, and equipment or other structures as may be rendered necessary by the construction of the Conveyance Facilities. G. That the Sanitary District and its contractors are hereby given and granted the right to use in the construction of the Conveyance Facilities such motor trucks, excavators, hoisting engines, and other plant, equipment and materials as may be necessary for the complete construction of said work. H. That the Sanitary District shall, at its own expense and cost, make such alterations in the location of the water mains of The Village as may be rendered necessary by the conStruction of the Conveyance Facilities of the Sanitary District. And in all such cases, where it shall become and be necessary that water service pipes be removed, cut off, or damaged in any way on accourit of the construction of the Conveyance Facilities, the Sanitary District shall remove, alter, repair, and replace such water service pipes at its own cost and expense, providing any water service pipes disturbed shall be replaced by the Sanitary District provided, however, that all work done on said water mains and water service pipes shall be subject to the approval of the Village Engineer. ' 1. That The Village shall give, grant, and issue without fees or cost therefor, to the Sanitary District or to any contractor to whom this work or any part thereof specified in this Resolution shall be awarded, all pennits or licenses required for doiJ?g said work upon application and shall not require the Sanitary ,District or its contractors to deposit any sums of money required tmder any ordinance of The Village for similar work and, further, shall not require the payment by the Sanitary District of any fees or salaries for inspectors employed by The Village on said work. Water shall not be furnished the Sanitary District or any contractor to whOm said work or any ,part thereof shall be awarded, unless and tmtil construction meters have been paid for by the Sanitary District and then all water needed in the performance of said work shall be paid for by the Sanitary District at the then regular rate charged by The Village to its consumers, all said water to be measured through meteI:s furnished as aforesaid, by the Village at the expense of the Sanitary District or its contractors. SECfION FOUR: That this Resolution shall be in full force and effect from and 1. ts passage and approval in the marmer provided by law. 5 NAYS: 0 PASSED and APPROVED this 18th day of February , 1975. ~~" / .' . ,/"",.;/"",. '- . ,.. .,,/ Mayor TTEST :