HomeMy WebLinkAboutOrd 607 04/26/1958
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007
AN ORDINANCE GRANTING A PERPETUAL
EASEMENT TO THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO
Be it Ordained by the President and
Board of Trustees of the
Village of Mount Prospect, Illinois
Section 1. That subject to the conditions
hereinafter stated, a perpetual easement, right, and
authority be and the same is hereby granted and given
to The Metropolitan Sanitary District of Greater Chicago
to construct, reconstruct, repair, maintain, and operate
an intercepting sewer, drain, and outlet, together with
all necessary appurtenances thereto, and connecting
sewers, all hereinafter designated as ffIntercepting
Sewer," the same to be an adjunct of and addition to
the Upper DesPlaines Intercepting Sewer, the West-South-
west Sewage Treatment Works, and the Main Channel of
The Metropolitan Sanitary District of Greater Chicago,
upon, under, and through certain streets, public alleys,
and highways of the Village of Mount Prospect, within
the territorial limits of said Village of Mount Prospect
traversed by the right of way of the Intercepting Sewer,
which right of way is described as follows, to-wit:
That part of Weller Lane lying between
the South line of Central Road and the
North line extended of Busse AveDue;
All situated in the Village of Mount Prospect,
County of Cook, and State of Illinois, and
as shown colored in red on the plat marked
"Exhibit A," attached hereto and made a part
hereof.
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Section 2. That subject to the conditions here-
inafter stated a perpetual right and authority be and the
same is hereby granted and given to The Metropolitan Sani-
tary District of Greater Chicago to clean that part of
Weller Creek lying between Central Road and Mt.Prospect
Road.
Section 3. That the Intercepting Sewer shall be
constructed in open cut or tunnel, and the location, size,
and manner of construction of the Intercepting Sewer shall
be in accordance with plans and specifications adopted by
The Metropolitan Sanitary District of Greater Chicago.
Section 4. That, subject always to the conditions
of this Ordinance, The Metropolitan Sanitary District of
Greater Chicago is hereby given and granted the right, at
its sole cost and expense:
(a) To intercept or cut, or cause to be intercepted
or cut, any existing sewers, conduits, or pipes
through which sewage or drainage may flow within
the limits of the right of way described in
Section 1 of this Ordinance which may be neces-
sary in the construction of the Intercepting
Sewer of The Metropolitan Sanitary District of
Greater Chicago, and to make such changes in the
location, alignment, or design of said existing
conduits or pipes as may be necessary; provided,
however, that the usefulness of said existing
sewers, conduits, or pipes shall not be impaired
thereby.
(b) To cut into existing sewers of the Village of
Mount Prospect and construct therein connections
for the purpose of diverting the flow from the
sewers of the Village of Mount Prospect at the
locations approved by the Chief Engineer of The
Metropolitan Sanitary District of Greater Chicago
to the Intercepting Sewer of The Metropolitan
Sanitary District of Greater Chicago.
(c) To excavate from the channel of Weller Creek
present accumulations of soil, stones and debris;
and to remove therefrom trees, weeds, bushes and
other plants in order to secure an unobstructed
channel conforming to cross-sections and grades
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prepared by the Chief Engineer of The Metro-
politan Sanitary District of Greater Chicago.
All excavated material shall be removed from
the site of the work.
(d) To construct outfall structures on existing
10 to 30 inches internal diameter sewers of
the Village of Mount Prospect at locations
along Weller Creek, when made necessary by
the work of ceaning Weller Creek and as or-
dered by the Chief Engineer of The Metro-
politan Sanitary District of Greater Chicago.
Section 5. That the rights hereby granted to
The Metropolitan Sanitary District of Greater Chicago are
so granted upon the following conditions:
(a) That the Metropolitan Sanitary District of
Greater Chicago shall at its own expense make
such changes in the location of the poliee and
fire alarm, electric light, and traffic signal
wires, cables, and necessary equipment of the
Village of Mount Prospect as may be rendered
necessary by the construction of the Intercep-
ting Sewer of The Metropolitan Sanitary District
of Greater Chicago; provided such changes are
made in a neat and workmanlike manner.
(b) That the Intercepting Sewer of The Metropolitan
Sanitary District of Greater Chicago shall be
constructed, reconstructed, repaired, and effi-
ciently maintained and operated solely by The
Metropolitan Sanitary District of Greater Chica-
go at its sole cost and expense; and the said
Village of Mount Prospect shall not be held
responsible in any manner for the location or
manner of construction, reconstruction, mainte-
nance, repair, or operation of the same.
(c) That The Metropolitan Sanitary District of
Greater Chicago shall indemnify and hold harm-
less the Village of Mount Prospect from any
and all claims for damage to real and personal
property and injuries or death suffered by per-
sons by reason of the construction, reconstruc-
tion, repair, maintenance, or operation of the
Intercepting Sewer within the corporate limits
of said Village of Mount Prospect.
(d) That The Metropolitan Sanitary District of
Greater Chicago agrees that in the event that
any of the pavements of streets, public alleys,
and highways, walks, cross walks, curbs, gutters,
catch basins, and/or other public property of
the Village of Mount Prospect are destroyed,
damaged, or interfered with by the construction,
(e)
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maintenance, repair, or operation of the Inter-
cepting Sewer, or by the aforesaid cleaning of
Weller Creek or by any work required in the
maintenance, removing, altering of water mains
and their appurtenances, necessitated by said
construction, maintenance, repair, or operation,
The Metropolitan Sanitary District of Greater
Chicago shall, at its own sole cost and expense,
restore said public property of the Village of
Mount Prospect to its former condition of use-
fulness as soon thereafter as is practicable
after any of said property has been so disturbed
or interfered with. All surplus excavation and
other spoil shall be removed from the paved
streets, public alleys and highways by The
Metropolitan Sanitary District of Greater Chicago
within a reasonable time. The public use of said
streets, public alleys, and highways within the
Village of Mount Prospect, above specified, shall
not be unnecessarily interrupted or interfered
with.
That as far as it is practicable, The Metropoli-
tan Sanitary District of Greater Chicago shall
construct and maintain temporary bridges for both
street and foot traffic until the pavements, walks,
and cross walks removed or disturbed by reason of
said work of construction shall be restored to
their former condition of usefulness.
(f)
That the Village of Mount Prospect does hereby
order and direct all persons, partnerships, or
corporations who shall at the time of construc-
tion of the Intercepting Sewer own, operate, or
maintain any conduits, wires, poles, pipes, gas
mains, cables, electric, steam and street rail-
way tracks and equipment, or other structures
within any portion of the streets, public alleys,
and highways to be excavated in the construction
of the Intercepting Sewer at his, its, or their
own expense, to make such changes in the loca-
tion of such conduits, wires, poles, gas mains,
cables, electric, stearn and street railway tracks
and equipment, or other structures, as may be
rendered necessary by the construction of the
Intercepting Sewer; provided, however, that the
Village of Mount Prospect shall not be liable
for any damage whatsoever due to the failure of
any person, partnership, or corporation, to
carry out and perform the provisions aforesaid.
That The Metropolitan Sanitary District of Greater
Chicago and its contractors are hereby given and
granted the right to use in the construction of
the Intercepting Sewer, and :in efueaftin~'!of Weller
Creek, trucks and excavating equipment on the
surface of said streets, public alleys, and high-
ways, and may also use in said construction and
cleaning such excavators, hoisting engines, and
(g)
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other plant and equipment as may be necessary
for the complete construction of said work and
cleaning of Weller Creek; provided, however,
that such use will not damage existing under-
ground utilities or conflict with existing or-
dinances of the Village of Mount Prospect.
(h) That in all cases where it shall become and be
necessary to maintain water service, maintain,
remove, alter, repair, or restore water mains in
the streets, public alleys, and highways of the
Village of Mount Prospect on account of the con-
struction, repairf maintenance~ operation, and
existence of the ntercepting ~ewer, The Metro-
politan Sanitary District of Greater Chicago is
hereby authorized and directed to maintain water
service, maintain, remove, alter, repair, or re-
store such water mains at its sole cost and ex-
pense. In all cases where it shall become and
be necessary that water service pipes be removed,
cut off, or damaged in any way on account of the
construction of the Intercepting Sewer, The
Metropolitan Sanitary District of Greater Chicago
is hereby authorized and directed to remove, alter,
repair, or restore such water service pipes at its
own cost and expense.
In any open cut work done under this ordinance,
wherever water pipes or their appurtenances
cross the trench of the Intercepting Sewer with-
out cutting through its or their cross section,
The Metropolitan Sanitary District of Greater
Chicago shall support said water pipes and ap-
purtenances and maintain service thereof without
interruption until the work thereabouts is com-
pleted; provided, however, that the Village of
Mount Prospect will obtain from the Department
of Public Health of the State of Illinois the
written approval of any changes or alterations
required in the water supply system of the Vil-
lage of Mount Prospect by reason of the construc-
tionf reconstruction, repair, or operation of
the ntercepting Sewer in said right of way
specified in Section 1 hereof, all as required
in Public Water Supply Control Law of the State
Assembly, approved August 6, 1951.
(i) That the Village Clerk is hereby authorized and
directed to issue, without fees or cost therefor,
to The Metropolitan Sanitary District of Greater
Chicago or to any contractor to whom the work or
any part thereof specified in this ordinance
shall be awarded, all permits or licenses re-
quired for doing said work and shall not require
from The Metropolitan Sanitary District of Greater
Chicago or its said contractors the deposit of any
sums of money now required under the ordinances
of the Village of Mount Prospect for similar work,
and shall furnish to The Metropolitan Sanitary
District of Greater Chicago or its contractor, at
any existing water connection or hydrant, all water
needed in the performance of said work at the lowest
regular rate charged by the Village of Mount Prospect
to its consumers, all said water to be measured
through meters furnished by The Metropolitan Sanitary
District of Greater Chicago or its contractor,
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and, further, shall not require the payment by
The Metropolitan Sanitary District of Greater
Chicago of any fees or salaries for inspectors
employed by the Village of Mount Prospect on
said work.
Section 6. The Village of Mount Prospect does
hereby agree that before passing any ordinance for the in-
stallation, construction, extension, or reconstruction, mo-
dification, or change of any description of any sewer or
syste~ of se\~ers to care for domestic sewage or drainage,
that it will first procure the approval of the Chief Engi-
neer of The Metropolitan Sanitary District of Gre~ter Chica-
go of all plans and specifications for the installation,
construction, extension, reconstruction, modification, or
change of any sewer or system of sewers, which plans and
specifications shall conform to the rules and regulations
of the Metropolitan Sanitary District of Greater Chicago
for connections to sewers and the maintenance thereof.
And any such sewer or system of sewers shall be so con-
structed and maintained so as to prevent a leakage or
seepage of ground water into the same in excess of five
thousand (5,000) gallons of water per mile of sewer during
anyone period of ~Nenty-four (24) consecutive hours.
Section 7. This ordinance shall be in force
and effect from and after its passage and approval, and
the acceptance of the srone by The Metropolitan Sanitary Dis-
trict of Greater Chicago within (90) days from the date of
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the passage thereof, which acceptance shall be evidenced
by a certified copy of the order, resolution, or ordinance
of the Board of Trustees of The Metropolitan Sanitary
District of Greater Chicago accepting the same filed with
the Village Clerk of the Village of Mount Prospect.
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Presented: ~ /~ /~5~
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Passed: t/T -. . ./
Approved ~ /~ /95/
.r:7' VOTE: - ~
Trustees:
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Nays
Trustees:
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APPROVED :
Wd~,
President, Village
Mount Prospect
ITTEST:
Zt/~a;~? //~
Village Clerk
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APPROVED FOR THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO:
As to Engineering:
Engineer of Sewer Design
Departmental Engineer
Sanitary Engineer
Chief Engineer
As to Form and Legality:
Senior Assistant Attorney
Attorney
APPROVED:
General Superintendent
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STATE OF ILLINOIS~
COUNTY OF COOK ~
VILLAGE OF MOUNT )
PROSPECT )
SS
I, a/~~ // ~, Village Clerk
of the Village of Mount Prospect, Cook County, Illinois,
keeper of the records, files, and seal of 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 Mount Prospect on the
/5'd
CZtu--/J
day of ~
the President of said
/.5 d day
, A.D., 1958,
and approved by
Village, who signed
Of~
A.D., 1958, as appears from the records and files in my
the same on the
,
office remaining.
I further certify that the seal hereto affixed
is the corporate seal of the Village of Mount Prospect.
GIVEN under my hand and seal this / ff"d day
of ~~ , A.D., 1958.
w~~ 7/~
Village ClerK
VILLAGE OF MOUNT PROSPECT