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HomeMy WebLinkAboutRes 22-57 11/19/1957 #'!t" '~ ~1-57 RESOLUTION WHEREAS, the President and Board of Trustees of the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois, on October 16, 1956, adopted a Resolution approving an Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES, Consulting Engineers, for the construction of a system of combined sanitary relief sewers to serve the VILLAGE OF MOUNT PROSPECT, but said Engineers Report did not specifically include or provide for service for the two (2) areas within the Village limits of the VILLAGE OF MOUNT PROSPECT, commonly known respectively as, NORTHWEST MEADOWS and NORTHWEST HEIGHTS; and WHEREAS, the VILLAGE OF MOUNT PROSPECT, in said Resolution adopted on October 16, 1956, directed its proper officers to submit said Engineers Report to THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO and the VILLAGE requested the cooperation of said Sanitary District in carrying out a program to construct the projects described in detail in the Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES; and WHEREAS, the Board of Trustees of THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, on February 7, 1957, pursu- ant to said request of the Village of Mount Prospect of October 16, 1956, adopted a Resolution approving the revised January, 1957, Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES, as to said proposed sewer system for the VILLAGE OF MOUNT PROSPECT, (but said Revised Engineers Report of January 1957, did not include or provide for service for the areas known as NORTHWEST MEADOWS and NORTHWEST HEIGHTS), and the SANITARY DISTRICT in said Resolution of February 7, 1957, directed that a Public Hearing be held, on said proposed Project, on February 28, 1957, and said Public Hearing was so duly conducted on said date; and " -2- WHEREAS~ on March l4~ 1957~ the Board of Trustees of THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, pursu- ant to the Statute so made and provided, adopted a further Resolution determining and proposing to proceed with the con- struction of the proposed system of combined sanitary relief sewers to serve the area of the VILLAGE OF MOUNT PROSPECT as described in the Resolution adopted by the Board of Trustees of said Sanitary District on February 7, 1957, and in accordance with the January 1957, Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES, at the estimated construction costs and esti- mated rates to be charged the users of said system as estimated in said Engineers Report; and WHEREAS, on April 18, 1957, the Board of Trustees of THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, duly adopted an Ordinance for the issuance of Revenue Bonds to finance the construction of said combined system of sanitary relief sewers, and to thereafter maintain and operate the same, all as provided in the Engineers Revised Report of January, 1957; and WHEREAS, the WELLER CREEK DRAINAGE DISTRICT, and Sub- Districts 1 to 11 thereof, and the FEEHANVILLE DRAINAGE DISTRICT, and Sub-District 1 thereof, and the VILLAGE OF MOUNT PROSPECT, had constructed and maintained existing sewers within the territory of the proposed combined sanitary relief sewer system, and the said sewers of the Drainage Districts and of the VILLAGE OF MOUNT PROSPECT were to become a part of the proposed system of combined sanitary relief sewer system to be constru~_ad thereafter maintained by THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGOj and ~. "",, -3- WHEREASJ the VILLAGE OF MOUNT PROSPECTJ on April 16J 1957, adopted a Resolution relinquishing its right, power and authority, within the VILLAGE OF MOUNT PROSPECT, to operate said proposed system of combined sanitary relief sewers including all lateral sewers connecting therewithJ and said Village dele- gated the complete right, power and authority thereto to THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO; and WHEREAS, the VILLAGE OF MOUNT PROSPECT, filed Detachment Proceedings in the County Court of Cook County in cases General Nos. 57Co.-896 and 57 Co.-897, seeking to have the ownership of the sewers, constructed by the Weller Creek Drainage District and Sub-Districts Nos. 1 to 11 thereof, and of the Feehanville Drainage District and Sub-District No.1 thereofJ in the VILLAQE OF MOUNT PROSPECT to be served by said proposed combined sanitary relief sewer system, vested in the said Village, and the terri- tory effected thereby detached from said Drainage Districts and their Sub-District~;and WHEREAS, on April 17, 1957J Detachment Orders were so entered in aforesaid cases in the County Court by His Honor Judge otto Kerner, detaching the lands within the VILLAGE OF MOUNT PROSPECT from the Weller Creek and the Feehanville Drainage Districts and the said Sub-Districts thereof, and vesting title to all drains, levees, drainage structures and easements of said Drainage Districts and the Sub-Districts thereof, in the VILLAGE OF MOUNT PROSPECT; and WHEREAS, the constitutionality of the Statute, authoriz- ing THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO to proceed with this proposed Revenue Bond Project in the aforesaid manner was contested in consolidated actions filed in the Circuit ,,~~' " -4- Court of Cook County, entitled, PEOPLE OF THE STATE OF ILLINOIS EX REL BENJAMIN S. ADAMOWSKI, serving as States Attorney of Cook County, and ROBERT E. HERDEGEN and VIRGINIA K, HERDEGEN, his wife, vs, THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, et ale Circuit Court Nos. 57C. 5536 and 57 C. 5537, and on April 25, 1957, a final Order, Judgment and Decree was entered by His Honor Judge William J. Tuohy, in said condolidated causes, upholding the constitutionality of the Revenue Bond Statute and sustaining the actions taken pursuant thereto as herein detailed; and WHSREAS, the aforesaid Order, Judgment and Decree of Judge Tuohy, was appealed to the Supreme Court of Illinois in No. 34459, PEOPLE ex rel BENJAMIN S. ADAMOWSKI, et al, Appellants,:, vs. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, and the judgment of the Trial Court was sustained by the Supreme Court on June 17, 1957 (VOl. 11 Ill. 2d 476 to 485); and WHEREAS, the VILLAGE OF MOUNT PROSPECT on March 5, 1957, adopted a Revised Resolution approving the extension of the said proposed combined sanitary relief sewer system to include the areas in the said Village commonly known as NORTHWEST MEADOWS and NORTHWEST HEIGHTS, and THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO has caused a Revised Engineers Report to be made by CONSOER, TOWNSEND AND ASSOCIATES, to include service to said additional areas, which Revised Engineers Report has been submitted to said VILLAGE OF MOUNT PROSPECT; and WHEREAS, the VILLAGE OF MOUNT PROSPECT desires THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO to proceed with the construction of the system of combined sanitary relief sewers in the VILLAGE OF MOUNT PROSPECT to include service to the areas of NORTHWEST MEADOWS and NORTHWEST HEIGHTS, and the . "~".,,. -5- VILLAGE OF MOUNT PROSPECT desires to take all measures that are legally required of it to accomplish said objective; BE IT RESOLVED by the President and Board of Trustees of the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois: SECTION 1. The Revised Supplemental Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES, for a proposed system of combined sanitary relief sewers, to serve the VILLAGE OF MOUNT PROSPECT, including the areas therein commonly known as NORTHWEST MEADOWS and NORTHWEST HEIGHTS, to be constructed, operated and maintained by THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO as a Revenue Bond Project, be, and, the said Revised Supplemental Engineers Report, is approved. SECTION 2. The VILLAGE OF MOUNT PROSPECT hereby petitions and requests THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO to proceed with the construction, operation and maintenance of said proposed system of combined sanitary relief sewers, within the VILLAGE OF MOUNT PROSPECT, including the areas commonly known as NORTHWEST MEADOWS and NORTHWEST HEIGHTS, all as detailed in the said Revised Supplemental Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES. SECTION 3. The VILLAGE OF MOUNT PROSPECT hereby specifically relinquishes to THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, its right, power and authority to acquire and construct, maintain and operate the said proposed system of combined sanitary relief sewers, as detailed in the said Revised Supplemental Engineers Report, including all lateral sewers connected therewith within the VILLAGE OF MOUNT PROSPECT, and hereby transfers ownership of all of said sewers connected therewith, constructed by the VILLAGE OF MOUNT PROSPECT or by , ' ~". ,-, " -6- . the Weller Creek Drainage District and Sub-Districts 1 to 11 thereof and by the Feehanville Drainage District and Sub- District 1 thereof, all as described in Cook County Court General Nos. 57 Co.-896 and 57 Co.-897. SECTION 4. The VILLAGE OF MOUNT PROSPECT hereby grants to THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, the perpetual right, title and all easements necessary to acquire, construct, operate, maintain, extend and repair said proposed sewerage system in, upon, and along or under all of the streets and areas described in the Revised Supplemental Engineers Report of CONSOER, TOWNSEND AND ASSOCIATES. SECTION 5. The Board of Trustees of the VILLAGE OF MOUNT PROSPECT, hereby assumes the obligation to take all other measures and actions as may be necessary to aid THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO in the issuance and sale of the Revenue Bonds required to finance the construction of said project; and to extend such cooperation thereafter in the , actual construction of the project and its subsequent maintenance and operation, and to such ends will adapt whatever further Ordinances or Resolutions as may be necessary to effectuate the accomplishments of the mutual objectives of the VILLAGE OF MOUNT PROSPECT and THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO as herein expressed. Adopted by the Board of Trustees of the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois, this lfth day of November, A.D. 1957. ATTEST: 2t./~ ~~ VILLAGE CLERK -'" STATE OF ILLINOIS l COUNTY OF COOK I, 2t~.~ fi'.7'~~~ , do hereby certify that I am Village Clerk of the Village of Mount Prospect, Cook County, Illinois. I do further certify that the attached and fore- going is a true and correct copy of the Resolution adopted by the Village Board of Mount Prospect, at a meeting of said Board of Trustees held on the l'th day of November, A.D. 1957. I do further certify that the original of said Resolution, of which the attached and foregoing is a true and correct copy, is in my care and custody and I am the keeper of same. IN WITNESS WHEREOF, I have hereunto set my hand this l'th day of November, A.D. 1957. uJ~~~~ VILLAG E CL VILLAGE OF MOUNT PROSPECT COOK COUNTY, ILLINOIS "~,"","~_,,,~""'_~_"~"_"""'_"~_t_"_'_~'"'''.