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S-18B - 08/18/1959 - SEWER-WATER - Ordinances S ?*4 w;ter !,!'V'%L TIE S CO. Ig 59 , ORDITdAN'CiE NO. •• S&�/�R ��Aro1��+ISe An ORDINA110E providing for a sanitary sewer system and treatment plant for sewerage for sanitary purposes, granting to Oak Brook Utility Company, its successors and assigns, the privilege and franchise to construct, operate and maintain a treatment plat and sanitary sewer system for sanitary purposes in the Vil- lage of Oakbrook, Illinois, and granting to the said Oak Brook Utility Company the right and p ivilege to construct, operate and maintain sewer mains, sewer pipes, laterals, connections, manholes and other structures, appliances and devices in and upon the streets, avenues, alleys, sidewalks, bridges and public grounds in the Village of Oakbroo $ Illinois, for the treatment, collection and disposal of sewerage for sanitary purposes in the Village of Oakbrook, Illinois. BE IT ORDAINED by the President and Board of Trustees of the Village of Oakbrook, Illinois Section 1. That there is hereby granted to Oak 3rook Utility Company (hereinafter sometimes referred to as "Corporation"), a corporation existing under and by virtue of the laws of the State of Illinois, and its successors and assigns, from the date this ordinance takes effect until July 30, 1989s the franchise, right and privilege of supplying the Village of Oakbrook, Illinois (hereinafter sometimes referred to as "Village")$ and the inhabi- tants of said Village with sanitary sewerage treatment and disposal service for private and public use, together with the right to use the streets, avenues, alley's, sidewalks, public grounds and bridges of the Village of Oakbrook within its present and future corporate limits for placing, maintaining, taping up and repairing sewer mains, sewer pipes, laterals, manholes, connections, and other structures, appliances and devices for the treatment, collection and disposal of sanitary sewerage within the present or future corporate limits of said Village. Section 2. That the said Corporation shall have, during the continuance of this grant or any extension thereof, the right to use any streets, avenues, alleys, bridges, sidewalks or other public grounds in the present or future corporate limits of said Village for the sewer mains, sewer pipes, laterals, manholes, con- nections and other structures, appliances and devices for the treatment, collection and disposal of sanitary sewerage of the said Village and its inhabitants . All work done by said Corporation in laying down sewer mains, sewer pipes, laterals, manholes, connec- tions and other structures, appliances and devices and all repair- ing, replacing and removing of such sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances and devices shall be done in accordance with the provisions of any and all general ordinances of said Village governing the excavation in and repair of streets, avenues, alleys, sidewalks, bridges or other public grounds 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 unrea- sonable obstruction of the streets, avenues, alleys, sidewalks, bridges or public grounds of the said Village by the said Corpora- tion in constructing the said treatment plant and sanitary sewer system or in placing, replacing, taking up or repairing any sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances and devices for the treatment and disposal of sanitary sewerage, 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 -2- S-18 Q 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 sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances or devices or from any cause or thing whatsoever arisin 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, in- cluding any expenses and attorneyst 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 resolu- tion adopted by the President and Board of Trustees of said Village, the Corporation shall furnish to the Village an indemnity bond in a sum not exceeding Five Thousand Dollars ($5D000) indemnifying said Village and its officers, servants and employees against all claims, demands, actions or causes of action ;arisi ng from the mak- ing of excavations in the streets, avenues, alleys, sidewalks or other public grounds of said Villageo Section !L. That if the said Corporation shall desire to lay sewer mains, sewer pipes or laterals in a street, the grade of which has not been established, it shall be the duty of said Vil- lage to establish said grade. All sewer mains, sewer pipes and laterals 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 obstrue- tion of sewer mains, sewer pipes, laterals or other material shall prevent the free use of any such street, avenue, alley, sidewalk, bridge or public ground. In any such case where said Village shall make or cause to be made any street improvements, including -3- 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 sewer mains, sewer pipes, laterals, manhole covers, and other changes necessary to the maintenance of the sanitary sewerage collection and disposal service and to have the work done under the terms of the general 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 pur- pose of making such street improvements, then the same shall be done under the supervision of a duly authorized officer or agent of said Corporation. Section . That in the operation of said treatment plant and sewerage disposal system the Corporation shall use machinery$ facilities, structures and appliances of such character and capa- city as will furnish satisfactory treatment and disposal service (excepting during periods of unusual and unavoidable casualties ) for private and public use, and shall use every reasonable means to keep the same in as good operating condition as possible. In the construction, installation and operation of any treatment plant and the sewerage disposal system, the Corporation shall obtain from the Sanitary Water Board of the State of Illinois (or any other authorized agency or instrumentality of the State of Illinois ) such permits or authorizations as may now or hereafter be required by law. Section 6. That the said Corporation shall not be re- quired to furnish consumers with sewer service when all proper bills for water and/or sewer service furnished to such consumers have not been paid, particularly in the case of consumers who have -4- become delinquent in their water and/or sewer bills and are still occupying or residing on the premises for which said delinquent bills for water and/or sewer service have not been paid. Section 7. That the said Corporation shall not be obli- gated to furnish sewer service to any property or properties, in- cluding property of the Village, where there is no sewer main abutting on, or adjacent to, said property or properties. The Corporation shall, however, make extension of its sewer mains to serve customers within the Village upon such terms and conditions as are specified in rules and regulations of the Corporation on file with the Illinois Commerce Commission and in force and effect at the time any application for extension of sewer mains is made by the Village or other parties . Section 8. It is understood and agreed by and between the Village and the Corporation that the sewerage treatment plant and disposal system to be constructed, operated and maintained by the Corporation is for sanitary purposes only and that it is not intended or contemplated that the sewer mains, laterals, pipes or outlets will be used for discharge of storm water, surface water, ground water, roof run-off, subsurface drainage or other matter not commonly discharged in sewers used for sanitary purposes . Section 9. That the Village hereby agrees to take and the Corporation hereby agrees to furnish all the sewer service which may be required by said Village for sanitary purposes, includ- ing sewer service for all Village buildings, fire stations, and park and library buildings which may be constructed at any time during the term of this ordinance, and the said Village agrees to pay to the Corporation for all of the sewer service so furnished to it by the Corporation in accordance with the applicable rate or rates set forth in the schedule(s ) of rates then on file with the Illinois Commerce Commission or such other regulatory body of the State of Illinois as may hereafter have authority to fix, establish or approve rates . In consideration of the grant of this franchise by the Village, the Corporation agrees that no charge will be made to the Village for any sewer service furnished to said Village prior to June 30, 19610 Section 10. That the Village and the Corporation hereby agree that this ordinance shall from time to time be subject to rules, regulations and conditions of service adopted by the Corporation and filed with the Illinois Commerce Commission or any other regulatory body having jurisdiction thereof during the term of this ordinance$ and that all rules, regulations and c onditions of service which may be hereafter adopted by the Corporation and approved by the Illinois Commerce Commission or such other regula- tory body shall be and become a part of this ordinance to the same extent and with the same effect as if said rules$ regulations and conditions of service were herein set out in full. Section 11. That the said Corporation shall charge con- sumers for sewer service furnished to such consumers during the term of this ordinance in accordance with the applicable rate or rates from time to time lawfully in effect and set forth in the schedule(s) of rates then on file with the Illinois Commerce Com- mission or such other regulatory body as may then have authority to establish# fix or approve such rate or rates. Section 12. That during the term of this ordinance no charge shall be made by the Village to the Corporation for any per- mit or privilege to excavate in the streets, a venues$ alleys, side- walks or public grounds of the Village for the purpose of construct- ing or installing sewer mains, sewer pipes, laterals$ manholes., connections or other structures, appliances or devices or for otherwise carrying out the provisions of this ordinances Secion 13, Nothing herein contained shall be construee.4. as preventing the Corporation in the construction of said sewerage treatment plant and collection and disposal system and in placing, -6- replacing, taking up, repairing or removing sewer mains, sewer pipes, laterals, manholes, connections or other structures, appli- ances or devices for furnishing sewer service, from using any basements for sewer service or other public utility purposes which in effect are shown on any plat or plats of an portion of said Village/here- at the time of said Village incorporation tofore or hereafter platted or recorded or any such easement which may hereafter be created, granted or dedicated for any such utility purposes by any person, firm or corporation whatsoever. Section 14. That title to all sewer mains, sewer pipes, laterals, manholes, connections and other structures, appliances and devices constructed or laid in the streets, avenues, alleys, bridges, sidewalks and other public grounds of the Village or in property designated or dedicated as easements for sewer service or other public utility purposes shall, from the date of con- struction thereof, be and remain in the Corporation, its successors or assigns . Section 15. That the Corporation shall, within ninety (90) days after the passage of this ordinance, file with the Vil- lage Clerk of the Village of Oakbrook, Illinois, its unconditional acceptance signed by its President or its Vice President of the terms and conditions of this ordinance and after the filing of such acceptance this ordinance shall constitute a contract between the parties thereto and shall, subject to the rights and powers vested in the Illinois Commerce Commission or such other regulatory body of the State of Illinois as may hereafter succeed to the rights and powers of the Illinois Commerce �ornmission or as may exercise statutory jurisdiction of sewer companies furnishing sewer service in the State of Illinois, be the measure of the rights, powers, obligations, privileges and liabilities of said Village and of said Corporation. Section 16. That if any section or portion of any sec- tion 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 determina- tion) may ratify or confirm the remaining portions of this ordin- ance and upon such ratification or confirmation the remaining portions of this ordinance shall remain in full force and effect. Section 17. That to the extent now or hereafter permit- ted by the statutes or law of the State of Illinois, this ordinance shall inure to the benefit of and be binding upon any city, village or other municipal corporation to which the Village of Oakbrook, Illinois, may hereafter be attached or annexed or into which it may be incorporated and any agency, instrumentality or political sub- division of the State of Illinois which may be authorized or em- powered to furnish sewer service within the present or future corporate limits of the Village, and shall also inure to the bene- fit 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 utility business within the State of Illinois and to any other person, firm or corporation authorized or empowered to own and/'or operate a sewer utility business in the State of Illinois. Section 18. That all ordinances or parts of ordinances which are in conflict with the foregoing provisions of this ordin- ance, or any of them, be and the same are to the extent of such conflict hereby repealed. Section 19. That this ordinance shall take effect and be in force immediately after its passage and approval by the Village and publication according to law. Published in pamphlet for b f,,o Abr -qf the President and Board of Trustees of the Village, of GAkbroak I �inois, this _18th I. day of August 1959• 5 Antes 0 Nays, //(('��� Tres dent «Fi