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S-105 - 03/28/1966 - SEWER-WATER - Ordinances s I �., RJ-rR VC. t � OAK BROOK uI'�,i T1es Ste.we SysteM ORDINANCE NO. 105 lei(0 L AN ORDINANCE providing for a sanitary sewer system and treatment plant for sewerage for sanitary purposes, granting to Northwest Utilities Company, its successors and assigns, the privilege and franchise to construct, operate and maintain a treatment plant and sanitary sewer system for sanitary purposes in that part of the Village of Oak Brook, Illinois hereafter described and granting to the said Northwest Utilities Company the right and privilege 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 said part of the Village of Oak Brook, Illinois, for the treatment, collection and disposal of sewerage for sanitary purposes in the Village of Oak Brook, Illinois. BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Illinois: Section 1 . That there is hereby granted to Northwest Utilities 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 December 31 , 1995, the franchise, right and privilege of supplying that part of the Village of Oak Brook, Illinois (hereinafter sometimes referred to as "Village"), lying South of the r East-West Tollway and the inhabitants of that part of said Village with sanitary 1 sewerage treatment and disposal service for private and public use, together with the right to use the streets, avenues, alleys, sidewalks, public grounds and bridges of that part of the Village of Oak Brook within its present and future corporate limits lying South of the East-West Tollway for placing, maintaining, taking 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 that part of the present or future corporate limits of said Village. i 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 lying South of the East-West Tollway for the sewer mains, sewer pipes, laterals, manholes, connections 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, connections and other structures, appliances and devices and all repairing, 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 unreasonable obstruction of the streets, avenues, alleys, sidewalks, bridges or public grounds of the said Village by the said Corporation 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 Corpora- tion 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 -2- 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 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 Corporation shall furnish to the Village an indemnity bond in a sum not exceeding Five Thousand Dollars ($5, 000) 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 sewer mains, sewer pipes or laterals in a street, the grade of which has not been established, it shall be the duty of said Village 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 obstruction 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 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 -3- Sr Io5 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 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. Section 5. 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 capacity as will furnish satisfactory treatment and disposal service (expecting 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 required to furnish consumers with sewer service when all proper bills for water and/or sewer service furnished to such consumers have hot, been paid, particularly in the case of consumers who have 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 obligated to furnish sewer service to any property or properties, including 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 -4- S-10s ' 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 Corporation hereby agrees to furnish all the sewer service which may be required by said Village in that part of the Village South of the East-West Tollway for sanitary purposes, including 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. 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 conditions of service 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, regulations and conditions of service were herein set out in full. -5- S-Io5 Section 11 . That the said Corporation shall charge consumers for sewer service furnished to such consumers during the terms 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 Commission 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 permit or privilege to excavate in the streets, avenues, alleys, sidewalks, or public grounds of the Village for the purpose of constructing or installing sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances or devices or for otherwise carrying out the provisions of this ordinance. Section 13. Nothing herein contained shall be construed as preventing the Corporation in the construction of said sewerage treatment plant and collection and disposal system and in placing, replacing, taking up, repairing or removing sewer mains, sewer pipes, laterals, manholes, connections or other structures, appliances or devices for furnishing sewer service, from using any easements for sewer service or other public utility purposes which are shown on any plat or plats of any portion of said Village in effect at the time of said Village incorporation heretofore or hereafter platted or recorded or any such easement which may here- after 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 construction thereof, be and remain in the Corporation, its successors or assigns. -6- �-105 Section 15. Main extensions shall be made by the Corporation within the area described in this ordinance in accordance with the following rules which shall also be incorporated in the Corporation's rules, regulations and conditions of service now or hereafter on file with the Illinois Commerce Commission, unless the Commission shall order and direct a change therein': "EXTENSION OF SEWER MAINS (STREET SEWERS) Unless provided by special contract between the Company and the applicant, the Company will extend its sewer mains within its service area on the following terms and conditions: (a) Upon application being made for an extension of a sewer main the Company shall determine the necessary size of main and shall make an estimate of the cost of the proposed extension, including pipe, wyes, and all other materials, and all other costs such as labor, permits, etc. , including the Company's expense for supervision, engineering, insurance, tools and equipment, accounting and other over- head expenses. (b) If the estimated cost of the extension is not greater than two and one-half ( 2 1 /2) times the Company's estimate of annual revenue to be received from Customers who will immediately attach to the extension, the Company will finance and make the extension without the require- ment of any payment. Customers will be considered as immediately attaching Customers if at the time the application for extension is made, they shall sign contracts for at least one (1) year's service and will guarantee to take sewer service at their premises within thirty (30) days after the extension is completed. -7- (c) If the estimated cost of the proposed extension exceeds two and one-half ( 2 1 /2) times the Company's estimate of immediate annual revenue, the applicant or the applicant's authorized agent shall contract for such extension and shall pay in advance to the Company the estimated cost of the extension. (d) If the actual cost of an extension contracted for under subparagraph (c) of tH s rule be less than the estimated cost of such extension, the Company shall refund to the applicant the difference between the estimated cost and the actual cost as soon as such actual cost is determined by the Company, and if the actual cost exceeds the estimated cost, the applicant will pay to the Company the difference between the actual cost and the estimated cost as soon as such actual cost is determined by the Company and the applicant is notified in writing of the amount of such difference. (e) The Company shall make refunds during the first ten (10) years after the date upon which the applicant is notified by the Company in writing that the extension has been completed and placed in service to the party who has contracted and paid for an extension as follows: (1) Inuring the first ten (10) years after the date when the applicant is notified that the extension has been completed and placed in service, the Company shall refund for each Customer taking service from said extension an amount equal to two and one-half ( 2 1 /2) times the annual sewer bill of such Customer for the first year of service. Such refund shall, at the option of the Company, be paid in one lump sum on or prior to the 31st day of December of the year in which the first year's service to such Customer shall have been completed or in n of more than ten (10) installments each equal to not less than twenty-five percent (25%) of such annual sewer bill beginning on the date hereinabove specified. In the event the Company elects to pay in installments, each unpaid installment shall bear interest payable by the Company at the rate of three percent (37o) per annum from the date hereinabove specified until paid. (f) The total amount of the refunds made by the Company shall in no event exceed in the aggregate the amount paid to the Company for the extension, plus interest if the refunds are paid in installments. (g) No interest shall be paid by the Company on the applicant's payment or on any unrefunded balances, except as above specified. (h) No refunds shall be made for Customers attaching to such extension after the expiration of said ten (10) year period. (i) The right to receive refunds under this rule shall be personal to the contracting applicant and shall not be assignable as collateral security or otherwise except with the written consent of the Company. -8- (j) All decisions in connection with the manner of installation of said main extension, the type of materials to be used therein and the maintenance thereof after the same shall have been constructed shall be and remain in the exclusive control of the Company and such main extension shall be and remain the property of the Company, and neither the contracting applicant nor any other party shall have any right, title or interest therein. (k) The Company reserves the right to further extend its sewer mains from and beyond each sewer main extension made under this rule. The applicant or the applicant's agent paying; for an original extension shall not be entitled to any refund for the attaching of Customers to any such further extension. (1) Extensions made under this rule shall be on the basis of a main size of eight (8) inches in diameter, except that in special cases exceptions can be made by the Company to comply with good engineering principles and the present and future requirements of the community. If the Company desires to make the extension of main with pipe larger than eight (8) inches in diameter, then the additional cost of the larger pipe shall be borne by the Company unless the applicant shall agree to make payment therefor. (m) All main extensions, except those that may be installed by the Company without the necessity of a contract or by special contract, will be made by contract with the applicant in accordance with the conditions of this particular rule as above outlined. A written form of main extension agreement conforming with the provisions for contracts for extensions made under this rule shall be furnished by the Company and be made available to all parties making applications for extensions under this rule. " The Corporation shall not impose or make any "tap-on", "tie-in" or similar charge in connection with the extension of mains in the area described in this ordinance. Section 16. Within five (5) years after the date of passage of this ordinance and upon not less than six (6) months prior written notice to the Corporation, the Village shall have the right to purchase the Corporation's entire treatment plant and sanitary sewer system within the corporate limits of the Village for a price equal to the original cost of construction of such system (as defined by General Order of the Illinois Commerce Commission plus an additional three per cent (3%) of such original cost per year multiplied by the number of full years between the effective date of this ordinance and the purchase date any part of such system shall have been in service, i. e. on each year's improvements and addition to the system, the purchase -9- price of such addition shall be increased by such three per cent (3%) of original cost per year for each full year of service between the dates specified above in determining the total purchase price of the system; provided, however, that the Village shall simultaneously purchase the Corporation's water works and distribution system. Section 17. The Corporation shall give or cause to be given reasonable notice to the Village of any and all proceedings before the Illinois Commerce Commission to which the Corporation is a party. Section 18. That the Corporation shall, within ninety (90) days after the passage of this ordinance, file with the Village Clerk of the Village of Oak Brook, 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 Commission 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 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 to the extent now or hereafter permitted 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 -10- Village of Oak Brook, Illinois, 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 sewer service within the present or future corporate limits of the 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 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 21. That all ordinances or parts of ordinances which are in conflict with the foregoing provisions of this ordinance, or any of them, be and the same are to the extent of such conflict hereby repealed. Section 22. 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 form by order of the President and Board of Trustees of the Village of Oak Brook, Illinois, this day of ,,Lc� 1966. � . President Clerk -11-