HomeMy WebLinkAboutOrd 368 07/22/1952
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Ur4 No. 368
AI( ORDIIAI'CE GRAlfTIJlG A PERPE'l'tJAL
EASDElT TO THE SAlfI'1'ARY DISBIOT OJ' 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 herein-
after stated, a perpetual easement, right, and authority be
and the same is hereby granted and given to The Sanitary
District of Chicago to construct, reconstruct, repair,
maintain, and operate an intercepting sewer, drain, and
outlet, together with all necessary appurtenances thereto,
and CORRecting sewers, all hereinafter designated as "Inter-
cepting Sewer," the same to be an adjunct of and addition to
the Upper nes Plaines Intercepting Sewer, the Salt Creek
Intercepting Sewer, the West-Southwest Sewage Treatment
Works, and the Main Channel ,of The Sanitary District of
Chicago, upon, under, and through certain streets, public
alleys, and highways of the Village of Mount Prospect, Within
the territorial li.:1.~. of 8aid Village of Mount Prospect
traversed by the right of way of the Intercepting Sewer, Which
right of way i8 described as follows, to-wit:,
That part of Nt. Prospect Road lying between the
center line of Central Read and the South boundary
line of the Village of Nt. Prospect, located along
the East and West center line of the Southeast
Quarter (sEi) of Section Twelve (12), Township
Forty-one (41) Korth, Range Eleven (11) East of
the Third Principal Meridian;
All as shown colored in red on the
plat marked "Exhibit A," attached
herete'and made a ,art hereof;
That part ot ElmAurst j~d (Illinois Highway 10.
83) located betweeD the South line extended of
Council Trail and the South line extended ~st
of Man-Awa Trail;
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That part ot a public park located between
the Northerly line ot the right ot way ot
the Weller Creek Drainage !>itch and the
Southerly line ot Lot fwo (2)ot Block Two
(2) in Moehling's Pleasant~!>ale Subdivisionl
being a subdivision ot part ot the Southwest
Quarter (SW!) ot Section fwelve (12), Town-
ship Forty-ene (~l) Horthl Range Eleven (11)
East ot the Third Principal Meridian, and
extending trom the East line ot Elmhurst
Road (Illinois Highway Ho. 83) to the East
line extended South ot said Lot Two (2) ot
Block Two (2)j
That. part ot a public park located between
Council Trail and Man-Awa Trail and extending
trom the West line ot Elmhurst Road (Illinois
Highway No. 83) to the East line ot See-Gwun
Avenue'
That part ot Man-Awa Trail located between
the East line exten~ed ot We-Go Trail and the
West line extended otWa-Pella Avenuej
That part ot See-Gwnn Avenue located between
the North line extended ot Man-Awa Trail and
the South line extended ot.Lincoln Streetj
That part ot Lincoln Street located between
the East line extended ot See-Gwun Avenue and
the West boundary line ot the Village ot Mt.
Prospect, said boundary line being also the
North and South center lineot the Southwest
Quarter (nt) otSection Eleven ell.}, Township
Forty-one (41) Horthl Range Eleven ell) East
ot the Third Principal Meridianj ,
All as shown colored in red on the
plat marked "Exhibit B," attached
hereto and aade a part hereot;
All situated in the Village ot Mount Prospectl
County ot Cook, and State of Illinois.
Section 2. That the Intercepting Sewer shall be
constructed in open cut or tunnel, and the location, size,
and manner of construction ot the Intercepting Sewer shall be
in accordance with plans and specifications adopted by The
Sanitary District ot Chicago.
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Section J.
That the rights hereb~ granted to
The Sanitary District of Chicago are so granted upon the
following conditions:
(a) That The Sanitary District of Chic~go shall
at its own expense make such changes in the
location of the police and fire alarm, elec-
tric light and traffic signal wires,
cables, and accessary equipment of the
Village of Mount Prospect as may be ren-
dered necessary by the construction of the
Intercepting Sewer of The Sanitary District
of Chicago; provided such changes are made
in a neat and workmanlike manner.
(b) That the Intercepting Sewer of The Sanitary
District of Chicago shall be constructed, re-
constructed, repaired, and efficiently main-
tained and operated solely by The Sanitary
District of Chicago at its sole cost and ex-
pensej 9.nd theeaid Village of Mount Pros-
pect shall not be held responsible in any
manner for the location or manner of con-
struction, reconstruction, maintenance, re-
pair, or operation of the same.
(c) That The Sanitary District of Chicago shall
indemnify and hold harmless the Village of
Mount Prospect from any and all claims for
damage to real and personal property and
injuries or death suffered'by persons by
reason'of the const~uction, reconstruction,
repair, maintenance., or operation of the
Intercepting Sewer within the corporate
limits of Baid Village of Mount Prospect.
(d) That The Sanitary District of Chicago agrees
that in the event that any of the pavements
of streets, puhlic'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 con-
struction, maintenance, repair or opera-
tion of the Intercepting Sewer, or by any
work required in the maintenance, remov-
ing, altering, or repairing of water mains
and their appurtenances, necessitated by
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said construction;l maintenance, repair. or
operation, 'The Sanitary District of Chi-
cago shall, at its own sole cost and expense,
restore said public property of the Vil-
lage of Mount Prospect to its former con-
dition of usefulness 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 al~eys, and highways by The Sani-
tary District of Chicago within a reason-
able time. The, public use of said streets,
public alleys and highways within the Vil-
lage of Mount P~ospect, above specitied,
shall not be unnecessarily interrunted or
interfered with. -
(e) That as far as it is practicable, The
Sanitary District of Chicago shall con-
struct 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 useful-
ness.
(f) That the Village of Mount Prospect does
hereby order and direct all persons,
partnerships, or corporations who shall
at the time of the construction'of the'
Intercepting Sewer own, operate, or'
maintain any conduits, wires, poles,
pipes, gas mains, cables, electric,
steam and'street railway tracks and
equipment, or other structures with-
in any' portion of the streets, public
alleys, and highways to be excavated
in the construction of the Intercept-
ing Sewer at his, its, or their own
expense, to make such changes in'the
location of such conduits, wires,
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poles, gas mains, cables, electric,
steam and street railway tracks and
equipment, "or other structures, as may
be rendered'necessary by the construction
of the Intercepting Sewer; provided, how-
ever, that the Village of Mount Prospect
shall not be liable for any damages what-
soever due to the failure of any person,
partnership, or corporation, to carry out
and perform the provisions aforesaid.
(g) That The Sanitary District of Chicago and
its contractors are hereby given and granted
the right to use in the construction of the
Intercepting Sewer, trucks and excavating
equipment on the surtace of said streets,
public alleys, and h~ghways, and may also
use in said construction such exeavators,
hoisting engines~ and other plant and equip-
ment as maybe necessary tor the complete
construct ion of said work; provided" however,
that such use will not damage existing under-
ground utilities or conflict with existing
ordinances of the Village of Mount Prospect.
(h) That in all eases where it shall become and
be necessary to maintain water service, main-
tain, remove, alter, repair, or restore water
mains in the streets, public alleys, and
highways of the Village ot Mount Prospect on
account of the construction, repair, mainten-
ance, operation, and existence of the Inter-
cepting Sewer, The Sanitary District of Chicago
is hereby authoriz'd and directed to maintain
water service, maintain, remove, alter, repair,
or restore such water mains at its sole cost
aQd expense. In all eases where it shall become
and be necessary that water serviee pipes be
removed, cut otf, or damaged in any way on account
of the construction of the Intercepting Sewer,
The Sanitary District of Chicago is hereby au-
thorized 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 at the Intercepting Sewer with-
out cutting through its or their cross section,
The Sanitary Dist~lct of Chicago shall support
said water pipes and appurtenances ana maintain
service thereot without interruption until the
work thereabouts i8 completed~
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(i) That the Village Clerk is hereby author-
ized and directed to issue, without fees
or cost therefor, to The Sanitary District
of Chicago or to any contractor to wbom
the work or any part thereof speeified in
this ordinance shall be awarded, all per-
mits or licenses required for doing said
work and shall not require from The Sani-
tary District 'of 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 Sanitary
District of Chicago or its contractors 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 con-
sumers, all said water to be measured
through meters furnished by The Sanitary
District of Chicago or its contractor, and,
further, shall not require the payaent by
The Sanitary District of Chicago of any
fees or salaries tor inspectors employed by
the Village of Mount Prospect on sald work~
Section~. The Village of Mount Prospect does
hereby agree that before passing any ordinance for the in-
stallation, construction, extension, or reconstruction,
modification, or chaBge of any deseriptioB of any sewer or
system of sewers to care for domestic sewage or drainage,
that it will first procure the approval of the Chief Engineer
of The Sanitary District of Chicago of all plans and specifi-
cations for the installation, construction, extension, recon-
struction, modification, or change of any sewer or system of
sewers, which plans and specifications shall conform to the
rules and regulations of The Sanitary District of Chicago for
connections to sewers and the maintenance thereof. And any
such sewer or system of sewers shall be so eonst~cted and
maintained so as to prevent a leakage or seepage of ground
water into the same in excess of five thousand (5,~OO) gallons
of water per mile of sewer during anyone period of twenty-
four (24) consecutive hours.
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Section 5.
This ordinance shall be in force and
effect from and after its passage and approval, and the
acceptance of the same by The Sanitary District of Chicago
within ninety (90) days from the date of the passage thereof,
which acceptance shal~ be evidenced by a certified copy pf
the order, resolution, or ordinance of the Board of Trustees
of The Sanitary District of Chicago accepting the same filed
with the Village Clerk of the Village of Mount Prospect.
Presented:
Ju Iy :<2 19-5-Z
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rJlt/y.2~ 1952
~ /7 2~ 19S-2
VOTE: - Ayes
Trustees:
&Y~1 e , .Tb bCJTS'ol] J..QI11S
J...q. J V'.,.. .J 'W
~j €.' Nays . '",1 e r; ,.' J SO't-v
Trustees:
APPROVED: ~ None,
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President, Village of Mount Prospect.
PAssed:
Approved:
ATTEST:
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APPROVED FOR THE SAlUTARY DISTRIC'l'OF CHICAGO -
As
Approved:
As to
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STA'l'E OF ILLIlfOIS
COUNTY OF COOK SS
VILLAGE OF MOmrr
PROSPECT.
I~ ' Village Clerk of the
Village of Mount Prospeet,ook 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 A 2 ~ day of
~ 1;/ , A.D., 1952, and approved by the
President of' said Village, who signed the salle on the 22 Ad
ds;,- ef r;;;t 1;/ ' A.D. , 1952, as appears trOll the
records and files in my office remaining.
I further certify that the seal hereto affixed
i8 the corporate seal of the Village of Mount Prospeet.
GIVEN under lilY hand and seal this ...z ..3~day of
~1
, A.D., 1952.
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VILLAGE OF JIIO... PIlOS CIf
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Chi.,., A~. la, 1952.
To ,he a...._le, tM ""a14.1ent aDd
__be" ot \be Boari of 'trwrt... of
The SanlMrJ' Dl.~lcrt of Chi.....
Gent.le_n:
Your e..1\te. on Iql.neenaa Npor$8 \bat; 1'18. ln
reeelpt ota comaun1oa'loa trOll t.Chiel lkllwer ln wbiG he
.4",1... tJiat 1a GOJmeoU- ,,1th the cenet.runloa. of U".I" De.
FlaiM. Ia-.rcept1A& Sewer, Con1U-ana 10. U-A &ad. 11-1,1\ 1.
De.....,. ,. obuin ......." trOll ~ Vlllap of Mount hoe,....
coverll'l1 tbe work to ... 4.. upon, \JiDder, &ad 'brouab Hrtaln
.,".~.p.abUc al1Aara, aadb1&bR18 in ..14 Vl1lap, and. .,., ,he
Pre.lel.a' udBoard. or 'rru.au.. or Mid. YllJ.ap of Mo." . h..,...
.. July II, 19'2, ,....4 an oJ'tU.un. gan-t,lq -. ........,. ....-
men' rip'. to TM Sanluary Dt.tri., of Cb1IQO, tON of "bloh
ordinaace 1. .....1'"" '1"__1 'te4 to the Board. hariq beea ap,..oved
b1 the Attomer ud. Chi.f Iq1JlMl", whloh orilnanH ",v.i.re. 'ba'
tbe ... be &0..".4 by The Sani\al'7 Dt.viet of Chioa.ae w1"b1n
JdMt14&78 from \M ....otlt. ........ _, the Preal.ua' and Board
of Tru... of tAe Villa.. of Mo\m" Prupan.
IOUI"' c..s.".... banal 0_14e"4 the .tMI", ......a48
the ....&&_ of the toUMDiol"dtlr.:
ORDIUD I That the Ord1u.nH MniDaboYe ret.l"Nd ~O"
puMa b7 ~be fr..1__ .. Board. of TruaM.. of tbe V11lap ot
Mouat, Proapeot on July 12, 19S2, be uci the .... 1. hereby ...,.4
by The SalUtary 01avl" of Chlcqo; and l' 1.~her
OlDllUm: That ,he tona or aa1d ord.lnanoe be prtn_d 1n
tbe Pro...dlnp or 'beiloal-<1; &ad. 1t 1. ~r
OIDBIWh Tha"be Cle~ of TM San1\U1 Dl.triot ot
Ch1cqo 'be and be 1. berelty authorl..d and. 41no.' 1)0 tile with
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"he Vl1lap Clerk 01 ,. Vllla&e of Molmt, Proa,... eu.ok 4Hu.ab
.. _, be --ua.rr "'0 uk. ..14 aoceptaaee ettecHal.
..,.nt,,111 aubld.""d.
(~ wm. S. Nordburg
rIaaa, ~''" _ GilaMrlal.
Approftd. ..\0 'orm aDd Iepli',.:
~ ~ltQ~Y
le.. or . . aUllt tome '1
Russell W. Root
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THE
SANITARY DISTRICT OF' GH ICAGO
VILLAGE
OF
MT. PROSPECT
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