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HomeMy WebLinkAboutRes 24-75 07/01/1975 ~ i~ '" -' . . RESOLUTION NO. 24.. 75 A RESOLUTION GRANTING A CERTAIN LICENSE TO THE METROPOLITAN SANITARY DISTRICT OF GREATERCl-lICAGO WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that "any l1IlUlicipality which has a population of more than 25,000 (is) a Home Rule Unit" and the Village of Mount Prospect, Cook County, Illinois, with a population in excess of 25,000 is, therefore, a Home Rule Unit and may, under the power granted by said Section 6(a) of Article VII exercise and 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 Mount Prospect have heretofore passed and approved an ordinance amending the Mount 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 Mount 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 Oakton Intercepting Sewer in conjunction with the "Upper Des Plaines Tunnel and Reservior Plan". --- ,/ NOW, TIffiREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES. OF THE VILLAGE OF IDUNf PROSPECT, COOK COUNfY, 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 state, a license, right, and authority be and the same is hereby granted an4 give to the Metropolitan Sanitary District of Greater Chicago (hereinafter referred to as "Sanitary District"), to construct Oakton Interception Sewer in conjunction with the ''Upper Des Plaines Tunnel and Reservior Plan" along that part of Oakton Street lying within the corporate limits of the Village of MOtmt Prospect, Contract 69-307-25, which right-of- way is described as follows to wit: The north 50 feet of Oakton Street. bounded on the east by a line 130 feet west of the centerline of Elmhurst Road and a line located 1327.28 feet west of the centerline of Elmhurst Road, both lines being parallel with the centerline of said Elmhurst Road, the last said line also being the westerly 1:iJmit of the Village of Mount Prospect, ,excluding therefrom that portion of Oakton Street lying within the corporate limits of the City of Des Plaines. All lying within the east 1/2 of the southeast 1/4 of Section 23 and the east 1/2ofthe northeast 1/4 of Section 26, Township 41 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois, as shown on a plat marked Exhibit 1 attached hereto and made a part hereof. SECTION TWO: That the location, size, and manner of construction of the Conveyance Facilities shall be in accordance with plans and specifications prepared by the Sanitary District, as approved by the Mayor and Board of Trustees of the Village of Mount Prospect. SECfION 'rnREE: That the rights hereby granted to the Sanitary District are so grantee! Upon the following conditions: A. That the Sanitary District shall, at its own expense, make ( , ~, ! \ '. '" , ~~ I I:, such changes' in the location 'of the police and fire ala~ and street lighting,.. and electric wires of the Village & 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 trafficcasued by the construction contemplated in thisllesoltition. 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 manner for the location or manner of construction, reconstruction,'repair, or operation of the same. D. That the Sanitary District shall defend, protect, indenmify keep and save harmless the Village, its Mayor, Trustees, officers ,agents, employ'ees, contractors and sub-contractors and/or their employees against all claims for damage to real and personal property as well as against all injuries, liens, suits, liabilities, judgments, costs, expenses, and attorneys fees suffered and/or incurred by the Village, its Mayor, Trustees, its officers, its agents, its employees, its contractors and subcontractors and/or their employees, and/or its citizens which claims, injuries, deaths, losses, damages, liens, suits, liabilities, judgments, costs, expenses, and attorneys fees may directly or indirectly 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, indemnify, and hold the Village and/or citizens thereof harmless from any and 'all liability, cost, or expense resulting from the failure of the Sanitary ])istrict to keep and perfonn the foregoing covenant. " E. That the Sanitary District shall, at its sole cost and expense , restore to their fonner conditio.n of usefulness the pavements of all streets, public alleys and highway, as well as all other structures, shrubs,' trees and sod which may be disturbed or interfered with ord~ged 'by the construction, maintenance, repair, or operatiqn'o:f 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 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 be the Sanitary District. F. That the Village does hereby order and direct all persons, partnerships, or corporations whic~ ~h~l1 at the time of the construction of the Conveyance Facl.ll.tl.es own, operate, or maintain any conduits, wires, poles, pipes, gas mains, cables, electric and street railway tracks and equipment or other ' structures within any portion of the streets, public alleys and highways to be excated in the construction of the Conveyance Facilities, at his,its, or their own expense, to make -2- ~ J .' 'l! ,,,7 Sl;1ch changes ~ the loc8:tion of such conduits, wires, poles, pJ.pes, gas' maJ.nsand cables, electric steam and street railwa) 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 <;ontractors are hereby given and ,granted the right to us~ 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 he 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 account of the construction of the Conv.eyance Fa.cili ties, the Sanitary District shall remove, alt~r, 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 ,1' that, all work done on said water mains and water service pipes shall be subj ect to the approval of the Village Engineer. I. 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 permits or licenses required for doing said work 'Upon application and shall not require the Sanitary District or its contractors to deposit any sums of money required under any' ordinan.ce of the Village for similar work and, further, sha:Llnot requ.,ire the payment by the Sanitary District of any fees ,or sa,lariesfQr inspectors employed by the Village on said work. Water shall' not be furnished the Sanitary District or any contractor to, whom s'aid work or any part thereof shall be awarded, unless ancluntil construction meters have been paid for by the Sanitary,District'and then all water needed in,the perfonnance ,of said work sha11 be Paid for by the Sanitary District at the then regular rate chargedpy the,Village to its constnners, all said water to be measured through meters furnished as afore- said by the Village at the expenSe of the Sanitary District or its contractors. ECTION FOUR: That this ,Resolution shall be in full force and effect from a' ter 1 ts passage' and 'approval in the manner prc)Vided by law. 6 0' ~SED and APPROVED this ~s t, day' of July , ,', , 1975. --4../. 'f'~ :--,,- ~~~ Mayor Al~~.fiv illage Clerk [, , , " I,' '. . ( I ,:~r'- i'H~J;]H~O?O!H!~N ~~NIIAn''l- DISrmC]' oi ; I AND ' N ~ ~'. ~ ~ ~ ~ t;: ~ B [.,-;-/40UIVT PROSpeCT ~ '-" ~.; V/L.L46E L.IMITS ~ ~ / 'I\} \) \Q "'- !", ~ . 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