G-28 - 08/15/1961 - AGREEMENT - Ordinances 13 CWQt4 6 F
O� �wrpccT'�or�-»
OAK BRWK.
1AT;Wory CC,
• ORDINANCE NO.� WA-rrzR?.-FSEWSK
P�f2M/TS
An ORDINANCE providing for the granting of building permits to the
Oak Brook Utility Company in connection with its franchise to
construct and operate a sanitary sewer system and treatment plant
for sewerage for sanitary purposes and to construct and operate a
water works and distribution system for the supply of water within
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 the Village of Oak Brook, Illinois (hereinafter sometimes
referred to as " The Village"), has previously granted certain privileges and
franchises to the Oak Brook Utility Company (hereinafter sometimes referred to
as " The Corporation'), extending until July 30, 1989, and that in connection with
these franchises the Oak Brook Utility Company has constructed and installed certain
facilities, and over the period of the franchises shall, in the normal course,
construct and install certain other facilities to provide those services for which it
was formed and granted franchises.
Section 2. That the Village of Oak Brook, Illinois, has previously agreed
that no building permit fees, in any form, shall be charged for the construction and
installation of the facilities of the Corporation, or those facilities installed by or
for the Corporation.
Section 3. That the Village of Oak Brook, Illinois, shall, upon the written
request of the Corporation, issue valid building permits, when the Corporation is
constructing and installing facilities required and authorized by the franchises
previously granted by the Village of Oak Brook, Illinois, when such request to the
so
Village Pres ident is accompanied by a certificate from.a-Registered Prufessional
Engineer indicating that the work to be done is in conformance with the requirements of
the current National Plumbing Code, Illinois Commerce Commission, State of Illinois
Department of Public Health, and applicable governing provisions of the County of
DuPage, Illinois, as well as conforming to the land uses of appropriate zoning bodies.
Section 4. To eliminate needless delays in the installation of facilities,
the Corporation may proceed with the installation of such facilities seventy-two hours
after the receipt by the Village president of the written request of the Corporation,
accompanied by the required Engineer's Certificate, for the issuance of a valid
building permit. The Village of Oak Brook, Illinois , shall, as expeditiously as
possible, issue such valid building permits retroactive to the commencement of
construction
Section 5. The Corporation shall assume the responsibility for constructing
and installing facilities in conformance with the hereinbefore referenced authorities.
If the Village of Oak Brook, Illinois, shall ascertain a discrepancy in either the
plans, specifications or construction, it shall bring this discrepancy to the attention
of the Corporation, and the Corporation shall eliminate any valid discrepancies.
Section 6. That the Village of Oak Brook, Illinois, shall not interfere with
the timely construction and installation of facilities , as defined in this ordinance,
by the Corporation, but shall report to the Corporation any defined valid violations
or discrepancies for the action noted in Section 5. of this ordinance.
Section 7. 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 authorized officer's of the Corporation
of the terms and conditions of this ordinance and after theing 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 sucfeed to the
rights and powers of the Illinois Commerce Commission or as may exercise
statutory jurisdiction over water or sewer companies providing water or sewer ser-
i
vice in the State of Illinois, be the measure of the rights, powers, obligations,
i
privileges and liabilities of said Village and of said Corporation.
Section 8. 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
uniting 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 9. That to the extent now or hereafter permitted by the statutes of
law of the State of Illinois, this ordinance shall inure to the benefit of and be binding
i
upon any city, village or other municipal corporation to which the Village of Oak Brook,
y
Illinois, may hereafter be attached or annexed or into which it ma be incor p orated and
any agency , i.nstrumenta lity or political subdivision of the State of Illinois which
may be authorized or empowered to furnish sewer or water service within the present
or future corporate limits of the Village, and shall also inure to the benefit of and
be b:.nding upon the successors and assigns of the Corporation.
!�! - ..ie
Section 10. 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 11. That this ordinance shall take effect and be in force immediately
after its passage and approval by the Village and publication according to law.
i
G
Published,in pamphlet form by order of the President and Board of
Trustees of the Village of Oak Brook, P_linois, this /j day of
1961.
Ayes
President
O Nays
Clerk
i
C E R T I F I C A T E
I, AGNES P. O'BRIEN, Village Clerk of the Village of
Oakbrook, and keeper of the records thereof, do hereby certify
h A. D. 1961
that I did on the �.. 3 y of / , 9
publish the above arid foregoing ordinance, duty passed and
approved by the President and Board of Trustees of the Village
of Oakbrook (being a municipality with less than five hundred
population in which no newspaper is published) by posting a
notice and copy of said ordinance in three prominent places
within said municipality, to-wit :
s�
IN '.FITNESS IMMEREOF I have hereunto set my hand and
the seal of said Village this Z/�Zi ay of A. D.
lie
19 6l .
r
Village Clerk
i