Loading...
HomeMy WebLinkAboutOrd 884 12/04/1962 AN ORDINANCE PROVIDING FOR A SUPPLY OF WATER FOR PRIVATE AND PUBLIC USE, GRANTING TO THE UTILITY SEWER AND WATER CORPORATION, AN ILLINOIS CORPOR- ATION, ITS SUCCESSORS AND ASSIGNS, THE PRIVILEGE AND FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A WATERWORKS AND DISTRIBUTION SYSTEM FOR SAID WATER SUPPLY IN CERTAIN AREAS OF THE VILLAGE OF MOUNT PROSPECT AND CERTAIN OTHER AREAS WHICH MAY BE ANNEXED THERETO, AND GRANTING TO SAID UTILITY SEWER AND WATER CORPORATION THE RIGHT AND PRIVI- LEGE TO CONSTRUCT, OPERATE AND MAINTAIN WATER PIPES, MAINS, APPURTENANCES AND CONNECTIONS IN AND UPON THE STREETS, AVENUES, ALLEYS, SIDEWALKS, BRIDGES AND PUBLIC GROUNDS IN CERTAIN PORTIONS OF THE VILLAGE OF MOUNT PROSPECT FOR THE SUPPLY OF WATER FOR PRIVATE AND PUBLIC USE AND FIRE PRO- TECTION IN SAID PORTIONS OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS. ORDINANCE NO. 884 NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Villa~e of Mount Prospect, Cook County, Illinois: SECTION 1: There is hereby granted to the Utility Sewer & Water Corporation, an Illinois corporation, (hereinafter referred to as Corporation), 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 area desi~nated on Exhibit A attached hereto, said area to be hereinafter referred to as the water area, and such inhabitants and users located in the water area of said Village with water for public and private use, to be taken from wells located in said Village or adjacent thereto or from any other source which will best secure an adequate supply of suitable water for public and private use and fire protection, together with the right to use such portion of the streets, avenues, alleys, sidewalks, public grounds and bridges of the Village as may now or hereafter lie within the water area for placing, maintaining, taking up and preparing mains, pipes, hydrants and other structures, appliances and devices for the service of water within such portions of the water area as may now or here- after lie within the limits of the Village. SECTION 2: T hat said Corporation shall have, during the continuance of this grant or extension thereof, the right to use any street, avenue, alley, bridge, sidewalk or other public ground located in such portions of the Village as may lie in the water area for water mains, service pipes, hydrants and other appliances and fixtures for the conveyance of water and distributing the same to the said Village and inhabitants thereof. All work done by said Corporation in laying down new mains, service pipes, hydrants or other appliances and fixtures and all repairing, replacing and removing of water mains, service pipes, hydrants i and other appliances and fixtures for the conveyance of water and distributing the same to the Village and inhabitants thereof. All work done by said Corporation in laying down new mains, service pipes, hydrants or other appliances and fixtures and all repairing, replacing and removing of water mains, service pipes, hydrants or other appliances and fixtures shall be done in accordance with all ordinances governing same and the provisions of any and all general ordinances of said Villa~e governing the excavation in and repair of streets, ,avenues, alleys, sidewalks, bridges or other public ground of said Village. In case said Corporation refuses or neglects to repair any such street, avenue, alley, 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 repairs 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 the said Village by the said Corporation in constructing the said waterworks and distribution system or in placing, replacing, taking up or repairing any mains, service pipes, hydrants or other structures or devices for the supply of water 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 said 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 pipes, mains, service pipes, hydrants, structures or other 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 said 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 Cor- poration 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 a main or pipe in a street, the grade of which has not been established, it shall be the duty of said Village to establish said grade. All mains and pipes 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 pipes or other materials 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 stop boxes, distribution mains, manhole covers, hydrant locations and other changes necessary to the main- tenance of the water supply and to have the work done under the terms of the ~eneral 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 Corporation for the 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. Page Two SECTION 5: That the water supplied by said Corporation shall be good, clear water suitable for culinary and drinking purposes and shall conform to the standards for safe drinking water now or hereafter established by the Department of Public Health of the State of Illinois or such other department or agency of said State as shall hereafter have authority to establish such standards. SECTION 6: That in the operation of said waterworks and distribution system the Corporation shall use machinery and appliances of such character and capacity as will furnish the necessary supply of water (excepting during periods of unusual and unavoidable casualties) for private and public use and fire protection along all lines of its water mains. SECTION 7: That in compliance with its undertaking to furnish suitable waeer for private and public use, the Corporation shall permit the Village to flush out all hydrants located upon its water mains at least once annually or as may be necessary. The Village, in consideration of other concessions made to it, shall maintain hydrants in good condition during the terms of this ordinance. SECTION 8: That the said Corporation shall nt be required to furnish water consumers with water service when all proper bills for water used by such consumers have not been paid, particularly in the case of water consumers who have become delinquent in their water bills and are still occupying or residing in the premises for which said delinquent bills for water have not been paid. SECTION 9: That if any person or persons shall injure, break or destroy any fire hydrant, main, pipe, service pipe, fixture, machinery or other property or apparatus of said Corporation or shall turn on or turn off or use any water supplied by said Corporation without any authority from said Corporation or pollute any of the water supplied by the Corporation, every such person and his or her aiders or abettors shall, on conviction thereof before any competent court or authority having jurisdiction, be fined in a sum not less than Five ($5.00) Dollars nor exceeding Two Hundred ($200.00) Dollars for each and every 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 10: That the said Corporation shall install a meter at the Corporation's expense on the service pipe of each consumer located within the water area. SECTION 11: The Corporation agrees to furnish the water required by the Village for any purpose whatsoever at any time during the term of this ordinance and the Village agrees to pay for water service requested and furnished at rates mutually~reed to or, in the absence of agreement, at rates set forth by the Illinois Commerce Commission or its successors, except for such water as the Village may use for public fire protection and the periodic flushing of hydrants. Water so used shall be donated to the Village. The Village agrees to pay to the Corporation for the lease of its fire hydrants an annual rate of Ten ($10.00) Dollars per year per hydrant; said payment to be for the year commencing May 1, 1963 and ending April 30, 1964. The amount of hydrants for anyone year shall be determined as of May 1. The Village shall not be required to pay for any hydrant which is located in an undeveloped block. A block for this purpose shall be defined as including a tier of lots on either side of a street between its intersection with two other Page Three . , improved streets. SECTION 12: The Village shall use the fire hydrants for the purpose of extinguishing fires and for the periodic flishing of hydrants. In using the fire hydrants for flushing only, one hydrant shall be turned on at a time, using one line of hose with fire nozzle, and no hydrant shall be used for flushing during a fire. If any hydrant shall be injured or damaged while in use by an employee of the Village, the Village shall pay the cost of repairing or replacing same. SECTION 13: 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 ordiannce, 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 14: That the said Corporation shall charge consumers other than the Village for water service furnished to such consumers during the term of existence of the franchise granted by this ordinance in accor- dance 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 15: That during the term of this ordinance no charge shall be made by the Village to the Corporation for any permit or privilege to excavate the streets, avenues, alleys, sidewalks or public grounds in the water area for the purpose of constructing or installing mains, service pipes or other devices and appurtenances or for carrying out the other provisions of this ordinance. SECTION 16: That upon the giving 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, the Village shall have the right and option to purchase said waterworks and distribution system on July 1, 1967 for the price of Three Hundred Fifty ($350.00) Dollars per metered single family resident customer and One Hundred ($100.00) Dollars for each apartment unit customer. The price per industrial and commercial customer shall be determined on the basis of the charge made for the average residential metered customer in the following manner: The annual average industrial and commercial charge per meter shall be divided by the annual average residential charge per meter multiplied by $350.00 (Three Hundred Fifty Dollars) representing the price paid for residential meter. For example: If the average charge for residential meter in the year immediately preceding the year in which the Village exercises its option to purchase said utility is $50, and for which the Village pays $350.00 per meter, then in such event the purchase price of the single industrial and commercial meter shall be on the same basis. That is to say, that if the average charge per average industrial and commercial meter shall be $200.00 in such preceding year, the cost to the Village shall be $1400.00 per such industrial and/or commercial meter as follows: $200.00 50.00 X $350.00 Page Four Should the Village seek to exercise said option to purchase, said sale shall require the Village to execute to the Corporation an Indemnity Agreement, which a~reement shall hold the Corporation free from any and all contingent or actual liability which it may have as a result of said transfer to the Village from the Citizens' Utility Company as a result of contract ural arrangements made between said Citizens' Utility Company and the Corporation prior to date hereof. It is understood that Corporation will assign any and all rights it has under its contract with Citizens Utility Company to the Village. In the event the Village shall not exercise its option as above set forth, then said right to purchase under this option shall terminate on July 1, 1967 without further notice. SECTION 17: That the Village shall not grant to any other person, firm or corporation a franchise to operate a water utility business in the streets and parts thereof occupied by the Corporation, unless the applicant for said franchise and the Corporation have mutually agreed to the sale of the waterworks and distribution system; in which event, such sale shall be subject to the option referred to in Section 16 hereof. SECTION 18: Nothing herein contained shall be construed as preventing the Corporation in the construction of said waterworks and distribution system and in placing, replacing, takin~ up, repairing or removing water pipes, mains, service pipes, hydrants or other devices for furnishing water services, from using any easements for water service or other public utility purposes which are shown on any plat or plats of any portion of said Village in the water area which have or may hereafter be created, granted or dedicated for any such utility purpose by any person, firm or corporation whatsoever. SECTION 19: 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 20: That the Corporation shall, within thirty (30) days after the passage of this ordinance, file with the Village Clerk its unconditional 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 said acceptance, shall constitute a contract between the parties thereafter, subject to the rights and powers vested in the Illinois Commerce Commission or its successor. 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 water Utility business in such areas of the water area as lie within the Villa~e of Mount Prospect within ninety (90) days from the date of inclusion of said area within the Villa~e of Mount Prospect, and if such Certificate is not obtained within one (1) hear from date of the inclusion of said territory within the Village, this franchise may, at the option of the Village, be terminated without liability or obligation. It is further agreed that the Corporation shall by July 1, 1967 obtain Certificate of Convenience and Necessity for all areas located in the water area heretofore designated by plat, and that failing the obtainment of same the Village may terminate its franchise or obligation to franchise any areas not certificated by said date without liability or obligation on its part. Page Five I :1 II SECTION 21: The title to all mains, pipes, service pipes, hydrants and other appliances and devices constructed or laid in the streets, avenues, alleys, bridges, sidewalks and other public grounds of such portions of the Village which are or may hereafter be located in the water area, shall from date of construction thereof be and remain in the Corporation, , its successors and assigns. SECTION 22: That this ordinance shall, to the extent now or hereafter permitted by the statutes or law of the State of Illinois, 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 Illinois which may be authorized or empowered to furnish water service within the present or future corporate limits of said 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 public utility business within the State of Illinois and to any other person, firm or corporation authorized or empowered to own and/or operate a water utility business in said state. , SECTION 23: That this ordinance shall be in full force and r effect from and after its passage and approval, according to law. i I I PASSED AND APPROVED this FOURTH day of DECEMBER, 1962. I I II I' II II Attest: II ,I :i I, rffluuL d. IA) A ~4-1'~ II Village Clerk Ii ii dMJtMSLB~ President ~ I I I j I i PUBLISHED this 13th day of December, 1962 in the Mount Prospect Herald. Pap e Six 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. :/81-/ passed by the Village Board of Trustees of the Village of Mount Prospect, Illinois December if, 1962. UTIUTY SEWER AND WATER CORPORATION BY~)i.L(;;;:{;'tc. ~A/~-C~~ . President " {;l .tti..t-t.;f --~..... i I 1',' {' . )~~~/" !~:?/f~"" ~f.-. I ...: /'~_' / //. ,-.~. \;.... c,t::/ 2.--Jr" ~. ..r- J..ie- ....-!~--:Ca:L~ (/ -'"".........", ,--{~- .-\-