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HomeMy WebLinkAboutOrd 4528 03/02/1993 ORDINANCE NO. 4528 BE IT ORDAINED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MT. PROSPECT Section 1. That subject always to the conditions herein stated the perpetual easement, right, and authority be and the same is hereby granted and given to the Metropolitan Water Reclamation District of Greater Chicago (hereinafter referred to as "District"), to construct, reconstruct, repair, maintain, and operate the Upper Des Plaines 20C Extension, Pumping Station, and Force Main (86-335-2S) together with the appurtenances thereto, hereinafter designated as "Sewer", upon, under and through all the streets, highways, public lands, public rights-of-way, and public easements of the village of Mt. Prospect (hereinafter referred to as "The Village") within the territorial limits of The Village traversed by the r~ght-of-way of said Sewer as shown on Exhibit 3A attached hereto and made a part hereof, legally described as follows: PARCEL 3A: The West 130.00 feet of the East 165.00 feet of the South 50.00 feet of the Southeast 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian ~kn Cook County. Section 2. That the location, size, and manner of construction on the Sewer shall be in accordance with plans and specifications prepared by the District. Section 3. That the rights hereby granted to the District are so granted upon tl~e following conditions: (a) That the District shall, at its own expense, make such changes in the 'location of the police and fire alarms and street lighting, electric wires of the villag~ as may be rendered necessary by the construc- tion of the Sewer of the District. (b) That the District shall, at its cost and expense, install all such safety devices and traffic control signals or signs as may become necessary and required by the village for the public convenience, 'health and safety, as a result of any lane closures, routing or rerouting of traffic caused by the construction contemplated in this ordinance. (c) That the Sewer of the District shall be constructed, reconstructed, repaired, and efficiently maintained and operated solely by The District at its sole expense and cost; and the village shall not be held responsible in any manner for the location or manner of construction, reconstruction, repair, or operation of the same. (d) That the District shall indemnify, save, and keep harmless The Village from any and all claims~ for damage to real and personal property and injuries to or death suffered by persons from any and all c~aims of whatsoever kind or nature arising by reason of the construction, reconstruction, repair, maintenance or operation by the District of the Sewer within the corporate limits of the village. -2- (e That the 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 Sewer, 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 time 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 highways by the District. (f) The Village will be notified 48 hours prior to any commencement of construction of the sewer and the contractor will provide the village with a work schedule upon notification of construction. (g) That the District and its contractors are hereby given and granted the right to use in the construction of the Sewer such motor trucks, excavators, hoisting engines, and other equipment as may be necessary for the complete construction of said work. (h) That the District shall, at its own expense and cost, make such alterations in the location of the watermains of The village that may be rendered necessary by the construction of the Sewer of the District. And in all such cases, where it shall become and be necessary that water service pipes be removed, cut off, temporarily relocated, or damaged in any way on account of the construction of the Sewer, the District is hereby -3- authorized to remove, alter, repair, relocate, and replace such water service pipes at its own cost and expense, providing any water service pipes disturbed shall be replaced by the District; provided, however, that all work done on the said water mains and water service pipes shall be subject to the approval of The village Engineer and or the Director of Public Works. (i) The Village, in consideration of the passage of this ordinance and the mutual benefits thereby give, grant, and issue without fees or other cost therefor, to the District or to any contractor to whom this work or any part thereof specified in this ordinance shall be awarded, all permits or licenses required for doing said work upon application and shall not require the District or its contractors to deposit any sum of money required under any ordinance of The village for similar work, except if the District or its contractors connects to or modifies the sewers and water mains of The village, then the DiStrict or its contractors will be required to be licensed by The Village by posting a bond and providing a certi- ficate of insurance. The Village shall furnish to the District or any contractors to whom said work or any part thereof shall be awarded, at any existing water connection or hydrant or such suitable water connection as may be installed, all water needed in the performance of said work, provided that the water so furnished will not interfere with the necessary water supply for The village, at the then regular rate charged by The village to its consumers, all said water to be used will be measured through meters provided by The village. The Village shall~ not require ~the payment by the District of any fees or salaries for inspectors employed by The village on said work. -4- (j) That the District shall notify The village of any interruption in utility services to residents of The Village to be caused by the construction program. Such notice shall be made at least twenty-four hours before the interruption is to occur. In the case of an emergency interruption in utility services caused by the District's construction process, The Village shall be immediately notified of the interruption of services caused by the District's actions. The District shall earnestly endeavor to promptly restore any utility service interrupted by its construction process. Where the interruption would continue for some period of time, the District shall construct facilities for temporary utility services. The utility services herein included shall comprise those of The village and those furnished by any public utility. (k) Working hours are 8:00 A.M. to 7:00 P.M., Monday through Saturday, no work on Sundays or Holidays. If the contractor wants to start earlier, he must request early start through the Village Manager's office. Section 4. This ordinance shall become effective immedi- ately after the passage hereof. -5- resented on: March 2, I993 Passed on: March 2, 1993 Vote: Vote: Ayes: 6 Nays: 0 Trustees: Busse, Clowes, Trustees: Corcoran, Floros, Hoefert, Wilks APPROVED: Mayor of T&qO Village of M~./grospect / ATTEST: Clerk -6- TATE OF ILLINOIS ) COUNTY OF COOK ) SS~ VILLAGE OF MT. PROSPECT ) I, Car0] A. Fields , Clerk of The Village of Mt. Prospect, Cook County, Illinois, keeper of the records, files and seal of the said Village, do hereby certify that the above and foregoing is a true and exact copy of an ordinance passed by the Board of Trustees of The Village of Mt. Prospect on the 2nd day of March A.D., 1993, as approved by the Mayor of said Village, who signed the same on the 2nd day of March A.D., 1993, as appears from the records and files in my office remaining. I further certify that the seal hereto affixed is the corporate seal of the Village of Mt. Prospect. Given under my hand and seal this 2nd day of March A.D., 1993. Clerk, Village of Mt. Prospect METROPOLITAN WATER RECLAMATION DISTRICTOF GREATER CHICAGO AND I x GRANTOR(S) ........ ~.- ,~, ~ ....... -~x- ~ ....................... ,'/./,;,~k~.~.~:~.,z~-+,-.,/~-~ ' ' ' ~ ~S-'~ '"' ~,;b; ~.~.~,-~ ~D. t9( _/- ~-~:~ ~-- ,~s:-~,s EXH lB IT ~