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HomeMy WebLinkAboutOrd 885 12/04/1962 ORDINANCE NO. 885 AN ORDINANCE PROVIDING FOR A SANITARY SEWER SYSTEM IN CERTAIN PORTIONS OF THE VILLAGE OF MOUNT PROSPECT, GRANTING TO THE UTILITY SEWER AND WATER CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE PRIVILEGE AND FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A SANITARY SEWER SYSTEM IN SAID AREA FOR SANITARY PURPOSES, AND GRANTING TO SAID UTILITY SEWER AND WATER CORPORATION THE RIGHT AND PRIVILEGE TO CONSTRUCT, OPERATE AND MAINTAIN SEWER MAINS, PIPES, LATERALS, CONNECTIONS, MANHOLES AND OTHER STRUCTURES, APPLIANCES AND DEVICES IN AND UPON THE STREETS, AVENUES, ALLEYS, SIDEWALKS, BRIDGES AND PUBLIC GROUNDS IN SAID AREAS FOR THE COLLECTION AND DISPOSAL OF SEWAGE FOR SANITARY PURPOSES. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: SECTION 1: That there is hereby granted to the Utility Sewer & Water Corporation (hereinafter referred to as the Corporation), a Corpora- tion existing under and by virtue of the laws of the State of Illinois, its successors and assigns, from date hereof until January 1, 1987, the franchise, right and privilege of supplying such portions of the Village of Mount Prospect as may now or hereafter lie within the areas designated by Exhibit A attached, which areas shall be hereinafter referred to as the "sewer area", and the inhabitants of said area with sanitary sewage disposal service for private and public use, together with the right to use the streets, avenues, alleys, sidewalks, bridges and public grounds of the Village of Mount Prospect lying within the sewer area for placing, maintaining, taking up and repairing sewer mains, sewer pipes, laterals, manholes, connections and other structures, appliances and devices for the collection and disposal of sanitary sewage within the sewer area. SECTION 2: That the said Corporation shall have, during the continuance of this grant or extension thereof, the right to use streets, avenues, alleys, sidewalks, bridges or public grounds as may lie within the sewer area for sewer mains, pipes, laterals, manholes, connections and other structures, appliances and devices for the collection and disposal of sanitary sewage of the Village and its inhabitants. All work done by said Corporation in laying down sewer mains, sewer pipes, laterals, manholes, connections and other structures, appliances and devices, and all repairing, I replacing and removing of such sewer mains, sewer p.iPes, laterals, manholes, connections or other structures, appliances and devices shall be done in I accordance with the provisions of any ordinances governing same and any and all general ordinances of said Village governing the excavation in and repair or streets, avenues, alleys, sidewalks, bridges or other public grounds of said Village. In case said Corporation refuses or neglects to repair any such street, alley, avenue, sidewalk, bridge or other public ground within a reasonable time after said work is completed and notice in writing of such refusal or neglect shall have been given by said Village to said Corporation, the Board of Trustees of said Village may direct the necessary repair thereof to be made at the expense of said Corporation and said Corporation shall be responsible for all damages sustained by any person or persons by reason of such refusal or neglect on the part of said Corporation. SECTION 3: That there shall be no unnecessary or unreasonable obstruction of the streets, avenues, alleys, sidewalks,bridges or public grounds of said Village by said Corporation in constructing the said sanitary sewer system or in placing, replacing, taking up or repairing any sewer Page One mains, sewer pipes, laterals, manholes, connections or other structures, appliances and devices for the disposal of sanitary sewage, and the said Corporation shall restore all paved or unpaved streets, avenues, alleys and public grounds and all bridges and sidewalks as soon as reasonably possible and as nearly as practicable to their former condition, and shall hold the Village free and harmless from any and all claims, demands, actions or causes of action arising from the placing, replacing, taking up or repairing of such sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances or devices or from any cause or thing whatsoever arising out of or by reason of the occupancy or use of the streets, avenues, alleys, sidewalks, bridges or public grounds of said Village by said Corporation, including any expenses and attorneys' fees incurred by said Village in defending itself against any such claims, demands, actions or causes of action. When making street excavations for the aforesaid purposes or for any other proper purpose, the Corporation shall erect barricades at the end of all excavations and at all street crossings. Upon demand of the Village, to be evidenced by a resolution adopted by the President and Board of Trustees of said Village, the Corporation shall furnish to the Village an indemnity bond, in a sum not exceeding Five Thousand ($5,000) Dollars, indemnifying said Village and its officers, servants and employees against all claims, demands, actions or causes of action arising from the making of excavations in the streets, avenues, alleys, sidewalks or other public grounds of said Village. SECTION 4: That if the said Corporation shall desire to lay sewer mains, sewer pipes or laterals in a street, the grade of which has not been established, it shall be the duty of said Village to establish said grade. All sewer mains, sewer pipes and laterals laid in and upon said streets, avenues, alleys, sidewalks, bridges and public grounds shall conform to the grade established by said Village so that on the completion of said work no obstruction of sewer mains, sewer pipes, laterals or other material shall prevent the free use of any such street, avenue, alley, sidewalk, bridge or public ground. In any case where said Village shall make or cause to be made any street improvements, including surfacing, resurfacing, or widening of streets, resulting in any change in the street grade, the said Village agrees to include in the cost of such improvements and to pay all necessary costs of raising sewer mains, sewer pipes, laterals, manhole covers and other changes necessary to the maintenance of the sanitary sewage collection and disposal service and to have the work done under the terms of the general contract for such street improvements. If the Corporation shall be ordered or requested to make any such change, the cost of such work shall be billed to the Village and the Village shall pay the CorporatiDn for same within ninety (90) days after said work is completed. If such improvements are constructed by any contractor engaged by the Village for the purpose of making such street improvements, then the same shall be done under the supervision of a duly authorized officer or agent of said Corporation. SECTION 5: That in the operation of said sewage disposal system the Corporation shall use machinery, structures and appliances of such character and capacity as will furnish satisfactory disposal service (excepting during periods of unusual and unavoidable casualties) for private and public use, and shall use every reasonable means to keep the same in as good operating condition as possible. In the construction, installation and operation of the sewave disposal system, the Corporation shall obtain from the Board of Trustees of the Sanitary District of Chicago (or any other authorized agency or instrumentality of the State of Illinois) such permits or authorizations as may now or hereafter be required by law. The Corporation shall make arrangements or agreements with the said Board of Trustees for the collection and disposal of sewage from the sewage disposal system by means of a connection with any inter- ceptor sewer of said Sanitary District of Chicago. Page Two SECTION 6: That the Corporation shall not be required to furnish consumers with sewer service when all proper bills for water and/or sewer service used by said consumers have not been paid, particularly in the case of consumers who have become delinquent in their water and/or sewer bills and are still occupying or residing on the premises for which said delinouent bills for water and/or sewer service have not been paid. SECTION 7: That if any person or persons shall injure, break, damage or destroy any sewer main, sewer pipe, lateral, connection, manhole or manhole cover, machinery or other property or apparatus of said Corporation or shall do any act resulting in the obstruction of the flow of sewage, every such person and hisor her aiders or abettors shall, upon conviction thereof before any competent court or authority having juris- diction, be fined in a sum not less than Five ($5.00) Dollars nor exceeding Two hundred ($200.00) Dollars for each and every such offense, together with the costs of prosecution and shall also be liable for any such injury or damage in a civil action to the said Corporation for all damages arising from any of such acts or actions. SECTION 8: It is understood and agreed by and between the Village and the Corporation that the sewage disposal system to be constructed, operated and maintained by the Corporation is for sanitary purposes only and that it is not intended or contemplated that the sewer mains, pipes or outlets will be used for discharge of storm water, surface water, ground water, roof run-off, subsurface drainage, industrial waste or other matter not commonly discharged in sewers used for sanitary purposes. SECTION 9: That the Corporation hereby agrees to furnish all I sewer service which may be required by the Village for sanitary purposes, including sewer service for all Village buildings, fire stations, parks and library buildings, which may be constructed during the term of this ordinance; said service to be furnished at no charge to the Village in consideration of this grant of franchise. SECTION 10: That the Village and the Corporation hereby agree that this ordinance shall from time to time be subject to rules and regulations adopted by the Corporation and approved by the Illinois Commerce Commission or any other regulatory body having jurisdiction thereof during the term of this ordinance, and that all rules and regulations which may be hereafter adopted by the Corporation and approved by the Illinois Commerce Commission or such other regulatory body shall be and become a part of this ordinance to the same extent and with the same effect as if said rules and regulations were herein set out in full. SECTION 11: That the said Corporation shall charge consumers other than the Village for sewer service furnished to such consumers during the term of this ordinance in accordance with the applicable rate or rates from time to time lawfully in effect and set forth in the schedule of rates then on file with the Illinois Commerce Commission or such other regulatory body as may then have authority to establish, fix or approve such rate or rates. SECTION 12: That during the term of this ordinance no charge shall be made by the Village to the Corpopation for any permit or privilege to excavate in the streets, avenues, alleys, sidewalks or public grounds of the Village for the purpose of constructing or intatalling sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances or devices or for otherwise carrying out the provisions of this ordinance. Page Three SECTION 13: That upon the g~v~ng of at least ninety (90) days' notice in writing to said Corporation prior to July 1, 1967 which notice shall be in the form of a certified copy of a resolution or ordinance of the President and Board of Trustees of the Village of Mount Prospect, the Village shall have the right and option to purchase said sewer disposal system on July 1, 1967 for the price of Two Hundred Fifty ($250.00) Dollars per single resident family, industrial and commercial customer, and One Hundred ($100.00) Dollars for each apartment. unit. Said sale to be free and clear of all encumbrance. In the event the Village shall not exercise its option as above set forth, said right to purchase shall terminate on July 1, 1967 without further notice. SECTION 14: That the Village shall not grant to any other person, firm or corporation, a franchise to operate a sewer system in the sewer area unless the applicant for said franchise and the Corporation have mutually agreed to the sale of said sewer system, in which event the sale shall be subject to the option referred to above. SECTION 15: Nothing herein contained shall be construed as preventing the Corporation in the construction of said sewage disposal system and in placing, replacing, taking up, repairing, or removing sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances or devices for furnishing sewer service, from using any easements for sewer service or other public utility purposes which are shown on any plat or plats of any portion of said Village in the sewer area heretofore or hereafter platted or recorded or any such easement which may hereafter be created, granted or dedicated for any such utility purposes by any person, firm or corporation whatsoever. SECTION 16: That title to all sewer mains, sewer pipes, laterals, manholes, connections and other structures, appliances and devices constructed or laid in the streets, avenues, alleys, sidewalks, bridges and other public grounds in the sewer area or in property designated or dedicated as easements for sewer service or other public utility purposes in the sewer area, shall from date of construction thereof be and remain in the Corporation, its successors and assigns. I I II SECTION 17: That the Corporation shall within thirty (30) days after the passage of this ordinance file with the Village Clerk its unc 0 nditional acceptance of the terms of this ordinance, said acceptance to be duly signed by the President and Secretary of the Corporation; whereupon this ordinance together with the acceptance shall constitute a contract between the parties thereafter, subject to the rights and powers vested in the Illinois Commerce Commission or such other regulatory body of the State of Illinois as may hereafter succeed to the rights and powers of the Illinois Commerce Commission or as may exercise statutory juris- diction of sewer companies furnishing sewer service in the State of Illinois, and shall be the measure of the rights, powers, obligations, privileges and liabilities of said Village and of said Corporation. It is understood and agreed that the Corporation shall make application to the Illinois Commerce Commission for a Certificate of Convenience and Necessity which will allow it to operate as a sewer utility business in such areas of the sewer area as may lie within the Village of Mount Prospect within ninety (90) days from the date of the inclusion of said area within the Village, and if such Certificate of Convenience and Necessity is not obtained within a period of one year from the date of such inclusion, this franchise may be terminated at the option of the Village without liability or obligation on its part. It is further agreed that the Corporation shall by July 1, 1967 obtain Certificates of Convenience and Necessity for all areas located in the sewer area heretofore designated by plat, and failing the obtainment of same the Village may terminate its franchise or obligation as to those Page Four areas not certificated by said date without liability or obligation on its part. SECTION 18: That if any section or portion of any section of this ordinance shall hereafter be declared or determined by any court of competent authority to be invalid, the Corporation at its election (to be given to the Village by notice in writing within thirty (30) days after any such declaration or determination) may ratify or confirm the remaining portions of this ordinance and upon such ratification or confirmation the remaining portions of this ordinance shall remain in full force and effect. SECTION 19: That to the extent now or hereafter permitted by the Statutes or law of the State of Illinois,this ordinance shall inure to the benefit of and be binding upon any city, village or other municipal corporation to which the Village may hereafter be attached or annexed or into which it may be incorporated and any agency, instrumentality or political subdivision of the State of Illilnois which may be authorized or empowered to furnish sewer service within the present or future corporate limits of the Village, and shall also inure to the benefit of and be binding upon the successors and assigns of the Corporation. The Corporation shall have the right at any time to assign this franchise to any public utility corporation organized under the laws of the State of Illinois or authorized to engage in utility business within the State of Illinois and to any other persons, firm or corporation authorized or empowered to own and/or operate a sewer utility business in the State of Illinois. SECTION 20: That this ordinance shall take effect and be in force immediately upon its passage, approval and publication, according to law. I I Ii 11 j I PASSED this FOURTH day of DECEMBER, 1962. APPROVED this FOURTH day of DECEMBER, 1962. ~ce;-~ President ~ Attest: - J ~'- '-'L 1'---- {! Village Clerk Le ',,- (''-_( t ....~__~' Published in the Mount Prospect Herald this 13th day of December, 1962. Page Five ACCEPTANCE December 4, 1962 Utility Sewer and Water Corporation, an Illinois Corporation, hereby files with the Village Clerk of the Village of Mount Prospect, Illinois its unconditional ac- ceptance of the terms of Ordinance No. g:! .4."" passed by the Village Board of Trustees of the Village of Mount Prospect, Illinois December 1/ , 1962. UTILITY SEWER AND WATER CORPORATION ~~Zi~;, .t;(;~~~d~--' / President - ~;tIcJ-' / '" I' '/" L'. -- j" / ,.,~~=:::_.Li-"_L- C.- ~_L:--. r'-:~."-~~?~ >."S::-~___~'_frS~ .- .~ "', .-t'- \..,,) '( (<'-t{. ,t c2 ;:; ".