HomeMy WebLinkAboutOrd 5728 03/17/2009
ORDINANCE NO. 5728
AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF MOUNT
PROSPECT REGARDING DAMAGE TO VILLAGE OWNED UNDERGROUND
FACILITIES ON PUBLIC RIGHTS OF WAY
Passed and approved
by the President and Board of Trustees
the 1 ih day of March, 2009
Published in pamphlet form
by authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the 18th day of March, 2009.
ORDINANCE NO. 5728
AN ORDINANCE AMENDING CHAPTER 9
OF THE MUNICIPAL CODE OF MOUNT PROSPECT REGARDING DAMAGE TO
VILLAGE-OWNED UNDERGROUND FACILITIES ON PUBLIC RIGHTS-OF-WAY
WHEREAS, the Village of Mount Prospect's sanitary and storm sewers (the "Village's
Underground Facilities") are susceptible to damage during construction by utilities of underground
facilities in the rights-of-way; and
WHEREAS, the Illinois Underground Utility Facilities Damage Prevention Act, 230 ILCS
50/1 et seq. (the "Act"), requires a utility to take certain steps to prevent damage to other underground
utility facilities during its construction in the rights-of-way, but does not provide a method for the
detection of damage to existing underground utility facilities as a result of such construction; and
WHEREAS, the Village's Underground Facilities have been damaged in the past despite the
requirements of the Act; and
WHEREAS, it is often impossible to immediately detect damage to the Village's Underground
Facilities and the failure to repair such damage endangers the public health and safety, including
residences and businesses, due to uncontrolled flow of storm water and sewage, and the back up of
sanitary and storm sewers, among other things; and
WHEREAS, the delay in detection of damage to the Village's Underground Facilities makes it
difficult to determine the utility responsible for the damage; and
WHEREAS, it is in the best interests of the Village to establish a method for detecting damage
to the Village's Underground Facilities after a utility has constructed underground facilities that
crossed over or below the Village's s Underground Facilities; and
WHEREAS, the Village has determined that the appropriate method for detecting such damage
is to require the constructing utility to visually inspect the Village's Underground Facilities, which
have been so crossed, through a process known as televising.
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NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
PURSUANT TO ITS HOME RULE POWERS:
SECTION 1:
That Section 9.815, entitled "Location of Facilities", of Article VIII,
entitled "Construction of Utility Facilities In The Public Rights-of-way", of Chapter 9 of the Village
Code of the Village of Mount Prospect shall be amended by inserting a new sub-subsection d(3), to
be and read as follows:
d) Underground Facilities Crossing Village Owned Sanitary And Storm Sewer Facilities.
3) In order to determine if Village owned sanitary and storm sewer facilities have been
damaged by a Permittee's construction of underground facilities crossing above or below
those facilities, the Permittee shall, at its expense and within ninety (90) days after the
completion of such construction, perform a video-taped internal pipe inspection, known as
televising, of such Village owned facilities at the location where those facilities were crossed,
and provide within that time period a report of the inspection along with a copy of the video-
taped record of the inspection to the Director of Public Works. In the event that damage to
Village owned sanitary and storm sewer facilities is discovered at the location where those
facilities were crossed, such damage shall be deemed prima facie evidence that Permittee's
construction caused the damage, and Permittee shall be responsible for such damage, as
provided in the Illinois Underground Utility Facilities Damage Prevention Act, 230 ILCS
50/1 et seq. This provision does not limit any civil liability that Permittee may have as a
result of the damage.
SECTION 2: That the Corporate Authorities of the Village of Mount Prospect have
determined that it is a matter of urgency that this Ordinance take effect immediately upon its passage
by two-thirds vote of the Corporate Authorities of the Village of Mount Prospect.
A YES: Hoefert, Juracek, Korn, Matuszak, Po lit, Zadel
NA YES: None
ABSENT: None
PASSED and APPROVED this 17th day of March, 2009.
~1I~J1:~~
Ir na K. Wilks '
Mayor
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