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Minutes - 08/18/1959 - Board of TrusteesFr . MM01 man read the hater Franchise Orei- auoe vhiazh adhan be knom an 3 After Bone discussion it was decided a change ,5-18k as<hould be made in paragraph 15. Mr. Carley made the motion, seconded by Mr, Krueger to grant the fronahi se and adopt the ordinance, a copy of oahi.oh said ordinance g to httaohed hereto and b;, reference made, a part of these minutes. Tho, votings Mr. Calhoun - yes, Mr. Carley - yes, Mr. Kolar - yes, Mr, Krueger - yea and Mrs Mohlman - yes. Ages - 5, ways 0. J-(k-b The President read the Sourer Franchise Ordinance. Mr. Kolar made the motion, seecon d by M. Carley to adopt this ordinance uhlob SW( 15 shall be know as Oand grant the Franob�.a s with 8ana ph 13 basing ahaanfpd and other suggested ahanges being made, A copy of than Ordinance Is attached hereto and by r iferenas made a part of these minutes. The voting: Mr. C ao'ttm y ®s0 Mr. Carley R yes, Mr. Kolar - yea, We grueepr - yea and Mr. Xohlman v yes. Ayes - 51, Nays a 0. The motion to adjourn the meeting at 9TM vae made by Mr. Krueger seconded by Mr. Kolar and passed by the Board, i ORDINANCE N0. An ORDINANCE providing for a supply of water for domestic, commercial, industrial and public use and fire protection, granting to Oak Brook Utility Company, its successors and assigns, the prIvIlegs and franchise to construct, operate and rtaintai.n a water works and distribution system for said water supply in the Village of Oakbrook.. Illinois, and granting to the said Oak Brook Utility Company the right and privilege to construct, operate and maintain water pipes, water mains, appurtenances and connections in and upon the streets, avenues, allege, sidewalks, bridge& and pu'olic grounds in the Village of Oakbrook. for the supply of water for domestic, oommercial, industrial and public use and fire protection in the Village of Oak- brook, Illinois. BE IT ORDAINED by the President and Board of Trustees of the Village of Oskbrooks Illinois: Section_ 1. That there is hereby granted to Oak Brook Utility Company (hereinafter sometimes referred to as "Corporation"l, C M 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 tastes effect +nitil July 30, 19899 the franchise, right and privilege of supplying the Village of Oaltraokp I111r%ois (hereinafter sometimes referred to as "Village "), and the inhabi- tants of said Village with water for public and private use to be taken from wells located in said :pillage or adjacent thereto or from any other source which will best secure an abundant supply of suitable water for public and private use and fire protection, to- gether with the right to use the streets, avenues, alleys, side- walks, public grounds and bridges of the Village of Oakbrook within Its present or future corporate limits for placing, maintaining, taking up and repairing mains, pipes, hydrants, and other structure; appliances and devices for the service of water within the present or future corporate limits of sal d Village. Section 2. That the said Corporation shall have, during _ the e.ontinuance of this grant or any extension thereof, the right to use any a treets, avenues, allays, bridges, sidewalks or other r • • 5 -Al A ti public grounds in the present or future corporate limits of said Village for the water trains, service pipes, hydrants and other appliances and fixtures for the conveying of water and distributing the same to the said Village and the inhabitants thereof. All work done by said Corporation in laying down new mains, service pipes, hydrants or other appliances and fixtures and all repairing, re. Placing and removing of water mains, service pipes, hydrants or other appliances and fixtures shall be done in accordance with the provisions of any and all general ordinances of said Village govern- ing the excavation in and repair of streets, avenues, alleys, side- walks, 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 ouch refusal or neglect shall have been given by said Village to said Corporation, tho Board of Trustees of said Village may direct the necessary re -lairs 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 or such refusal or neglect on the part of said Corporation. Section I. That there shell be no unnecessary or unrea- sonable obstruction of the streets, avenues, alleys, sidewalks, bridges or vublic grounds of the said Village by the said Corpora- tion in constructing the said water works and distribution system or in placing, replacing, taking up or repairing any mains, service pipes, hydrants or other structures or devices for the supply of water 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 nearly as practica- ble 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 -2- repairing of such pipes, mains, service pipes, hydrants, structures or other devices or from any cause or thin; whatsoevttr arising out of or by reason of the occupancy or use of the streets, avenues, alleys, sidewalks, bridges or public grounds of .paid Village by said Corporation, including any expenses and attorneys' fees incur- red 'ay said Village in defending itself against any such claimsp demands, actions or causes of action. When making street excava- tions for the aforesaid purposes or for any other proper purvose, the said Corporation shall erect barricades at the and of all exca- vations 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 Dol- lars (05#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. SectioM !„i. That if the said Corporation shall dnaire to lag a main or pipe in a street, the grade of which has not been establishec g it shall be the duty of said Vill "-ge to establish said grades All mains and pipes laid in and upon said streets, avenues, alleys, sidewalks, bridges and public grounds shall conform to the grade established by said Village so ttA- ,t on the completion of said work no obstruction of pipes or other materials shall prevent the free use of any such street, avenue, alley, sidewalk, bridge or public ground. In any case where said Villagge shall make or cause to he trade any street improvements, including surfacing, resurfac- ing or widening of streets, resulting in any change in the street grade, the said tillage agrees to include in the cost of such Im- provements and to pay all necessary costs of raising, stop boxes, distribution mains, manhole covers, hydrant: locations and other changes necessary to the maintenance; of the water supply and to have -3- the work done under the terms of the general contract for such street improvements. If the Corporation shall be ordered or re- quested to make any such change, the cost of such work shall be billed to the Villages 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 authorised officer or agent of said Corporation. Sion. $hat the water supplied by said Corporation shall be goods clear water suitable for culinary and drinking pur- poses and shall conform to the standards for safe drinking water now or hereafter established by the Department of Public Health of the State of Illinois or such other department or agency of said State as shall hereafter have authority to establish such standards. Section 6. That in the operation of said water works and distribution system the Corporation shall use machinery and appli- ances of ..uch character and capacity as will furnish the necessary supply of water (excepting during periods of unusual and unavoida- ble casualties) for private and public use and fire protection along all limes of its water mains. Sin 3. That in compliance with its undertaking to furnish suitable water for privet.) and public use and fire protec- tion, the Corporatics. shall thoroughly flush out all dead -ends of water mains as often as may be necessary and shall thoroughly flush out all hydrants located upon its stater mains at least- once annually or as often as may be necessary. She Corporation shall make fre- quent inspections of sal.d hydrants arcs shall use every reasonable means to keep said hydrants and mains in as good operating condi- tion as possible. Se, ction 8. That the said Corporation shall not be re- quired to furnish water consumers with water service when all S-ISR proper bills for water used by such consumers have not been paid* particularly in the case of water consumers who have become delin- quent in their water bills and are still occupying or residing on the premises for which said delinquent bills for water have not been paid. S22tion is That the said Corporation shall not be obli- gated to furnish °water service to any property or properties# including property of the Villages where there is no water train abutting Lm# or adjacent to, aaid property or properties* The Corporation shall, however# make extension of its water 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 tittle, any application for extension of water mains is made by the lage or other partiess Section ti.Q4 That the `tillage hereby agrees to taste and the Corporation hereby agrees to furnish all the water which may be required by said pillage for any purposes whatsoever# including public fire protection, flushing of public gutters, sewers and streetss testing of fire apparatus and practice of fire departments# Village buildings# fire stations# park and library buildings and Public fountains which may be ccnatructed at any time during the terra of this ordinance and the said Village agroes to pay to thb Corporation for all of the water service so furnished to it by the Corporation in accordanoe with the applicable rate or rates set forth in the schedule of rates then on file with the Illinois Com- merce Cemnission or such ether regulatory body of the State of Illinois as may hereafter have authority to fix, establish or ap- prove rates. In consideration of the grant of this franchise by the Village, the Corporation agrees that no charge will be trade to the Village for any water service„ including public fire protection# furnished to said Village prior to June 30# 1961 ' W5w Section 119 That the Village shall use the fire hydrants located therein onlg for the purposes of extinguishing fires, for flushing public gutters and eb•aers and for testing of fire appara- tus and practice by the f3 re department. In using fire hydrants for flushing, only one hydrant shall be turned on at a time® using one line of hose with fire nozzle, and no hydrant shall be used for flushing during the existence of a fire or without first notifying the said Corporation of the time and place such use is required. If any hydrant shall be injured or damaged or rendered useless while In use by any officrr, agent or employee of the said Villages the said Villaga shall pay the said Corporation the cost of repairing r-A• replacing the same. In no case shall any hydrant be used by the Village for flushing of private sewers. Section 12. That tre Village and the Corporation hereby agree that this ordinance she-11 from time to time be sub feet to any and all rubs, 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 terns of this ordinance, and that any and all rulos p r eGulations and conditions of services which may be herefter adopted by the r �rpora- tion and approved by the Illinois Commerce Commission or such other regulatory body shall be and ecome a part of this ordinance to the same extent And with the same a -erect as if said rules$ regulations and conditions of service were herein set out in full, Sect . That the said Corporation shall charge all consumers for water service furnished to such consumers during the term of the franchise granted by this ordinance in accordance with the applicable rate or rates from time to time 194fully in effect and set forth in the schedule(s) of rates then on file with the Illinois Commerce Cotmeissi on or such o t.Or regulatory body as may -6- 4 1 t 5 -14a then have authority tc establish, fix or avprove stich rate or rates. Section the That ring 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, avenues, alleys, side - walks or public grounds of the Village for the purpose of construct- ing or installing mains, pipes9 service pipes or other devices and appurtenances or for c' nerwise carrying out the provisions of this ordinance. Section 1 e Nothing herein contained shall be construed as preventing the Corporation in the construction and installation of said water works and distribution system and in placing, replac- Ing, taking up, repairing or removing water pipes, mains, service pipes, hydrants or other devices for furnishing water services, from using any easements for water service or other public utility purposes which are shown on any plat or plats of any portion of in a feet at the time of said Village incorporation said VillagAher etofore or hereafter platted or recorded or any such easement which flay hereafter be created, granted or dedicated for any such utility purposes by any person, firm or corporation what- s oever e 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 09 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 con -irm the remaining portions of this ordinance and upon such ratification or confirimtiora the remaining portions of this ordinance shall remain in full force and effeote Section �e That title to all mains, pipes, service pipes, hydrants, and other 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 water service or other public utility purposes. -7- r ' .ra am* iq A shall, from the date of construction thereof, bo and remain in the Corporation, its auccessore and assigns. S2gtion ltd. That this ordinance shall, to the extent now or hereafter permitted by the statutes or law of the State of I111nois, inure to the benefit of and be binding upon any city, village or other municipal corporation to wt)ich the Village of Oak- brook may hereafter be attaohad or annexed or into which it may be incorporated and any agency, instrumentality or political eub- divis ion of the State of Illinois which my be authorized or em- powered to furnish water service within the present or future corporate limits of said Village, and shall also inure to the bone - 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 frarchis e to any public utility corporation organi zed under the 'lags of the State of Illinois or authorized to engage in public utility business within the State of Illinois and to any other perhon, firm or corporation authorized or empowered to own and/or operate a water utility business in sold State. Se, action 12. That the Corporation shall, within ninety (90) days after the passage of this ordinance, rile with the Village Clerk of the Village of Oal4)rook its unconditional acceptance signed by its President or its Vice President of the terms and con- ditions of this ordinance and after the filing of such acceptance this ordinance ahall constitute a contract between the parties thereto and shalt, subject to the riShte and powers vested in the Illinois Comerce Commission or such other regulatory body of the State of Illinois as may hereafter succeed to the rights and powers of the Illinois Commerce Cormi3sion or as may exarcise statutory jurisdietlon of water companies furnishIM water service in the State of Illinois, be the measure of the rights, oowers, obligatiora, privileges and liabilities of said Village and of said Corporation. Sec, tion ,20. That all ordinances or parts of ordinances 10 ��f !. , - jr'� ,7 . �;�' .., ,, , c i. u 5,i .q. .�.A tY��• Jr, n!`.f'.iiy r5..a� r1. f1� � 1: ^- �\ t ,4 _,4• "+TY ' y which are in conflict with the foregoing Provisions of this ordln- ancap or any of them, be and the same are$ to the extent of such conflicts hereby ropealed. geeotlon ?,.19 fiat this ordinance shall take affect and be in 1 orce immediately upon it's Pat. -age 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 Oakbrook this ..ej&Zb day of ,..&M.8 t - -, 1959 5 1.yaa 0 Nags t+. X I/ t x, President X = gw • • A .Y 4 A '�Li•F�aV�f• [..�. 1111 V�tla'4�� ;� • . ORDINANCE h4. An ORDINANCE providing for a sanitary sewer system and treatment plant for sewerage for sanitary pvaToses' grahting to Oak Brook Utility Company, its successors and assigns the privilege and franchise to construct, operate and m&intain a treatment plant 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 gr ivilege to copstruots 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 Oakbrook$ 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, I111nofs a Sec_ tion 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, 1989, the franchise, right and privilege of supplying the Village of Oakbrook, Illinois (hereinafter sometimes referred to as ";pillage "), and the inhabi- tants of said Village with sanitary sewerage treatment and disposal service fcr private and public use, together with the right to use the streets, avenues, alleys j sidewalks, public grounds and bridges of the Village of Oakbrook within its present and future corporate limits for placing, maintaining, taking up and repairing sewer remains, sewer pipes, laterals, ranholes, 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, durin the continuance of this grant or any extension thereof, the right to use any streets, avenues, alleys# bridges, sidewalks or other Sid R public grounds in the present or future corporate limits of said Village for the sewer r4ains, sewer. pipes, laterals* manholes, t:on- neetions 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 s sidewalks* bridges or other public grounds of said Village. In ..ase 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 completad 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 Corporatione Seca tion .10 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 sowerage, and the said Corporation shall restore all paved or unpaved streets, avenues, alleys and public grounds and all bridges and sidewalks as soon as real enably possible and as �2_ nearly as practicable to their former condition and shall hold the said Village free and harmless from Fny and all claims, demands, actions or causes of action arising frota the placing, replacing, taking up or repairing of such sewer mains, setter 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, in.. eluding 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 pt•rposes or for any other proper purpose, the said Corporation shall erect barricades at the end of all excavations and at all street crossings. Upe i 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 ($5p 000) Indemnifying said Village and its of €icers# servants and employees against all claims, demsands, actions or causes of action,arising from the mak- ing of excavations in the streets, avenues, alleys, sidewalks or other public grounds of said Village* Sees ction )I. That if the said Corporation shall desire to lay sewer trains, sewer pipes or laterals in a street, the grade of which has not been established, it shall be the duty of said Vil- la.ge to establish said grade. All sewer mains, sewer pipes and 1atF rals laid, In and upon said streets, avenues, alleys, sidewalkep bridges and public grounds shall conform to the grade established by said Village so that on the completion of said wort: no obstruc- tion of sewer mains, sewer pipes, laterals or other material shall prevent the free use of any such street, avenue, alley, sid ©walk, bridge or public grounds In any such case where said Village shal'. make or cause to be trade any street improvements, including -3- surfacing,@ resurfacing or widening of streets# resulting in any change in the street grades 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 term of the general contract for such street improvements. If the Corporation shall be ordered or requested to make any s uoh changes the cost of such work shall be billed to the Villages and the Village shall pay the Corporation for the same within n:Lnety (90) days after said work is completed. If such improver.�ents 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 Corporations That in the operation of said treatment plant and sewerage disposal system the Corporation shall use machfnery# facilities, structures and appliance:, of such character and capa- city as will furnish ®atisfactory treatment and disposal service (excepting during periods of unusual and unavoidable casualties) for private and public uses and shall use every reasonable meals 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 systems the Corporation shall obtain from the Sanitary Dater 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. Saion b. That the said Corporation shall noc be re- quired to furnisb consumers with sewer a+ervice when all proper bills for water and/or sewer service furnished to such consumers have not been pains particularly in the case of consumers who have _k- s -age become delinquent in their water and /or sever 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. 3 c. :Z, That the said Corwration shall not be obli- gated to furnish sewer service to any property or properties$ in- cluding property of the Villager 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 Comission and in force and Affect at the time any application for extension of setter 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 treatmout 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 oontbmplated that the sewer mains, laterals, pipes or outlets will be used for discharge of storm water, surface water, ground waters roof run -off, subsurface drainage or other matter not commonly discharged in sewers used for sanitary purposes. Sect g. That the Village hereby agrees to take and the Corporation hereby agrees to furnish all the sewer service which may be required by s aid Village for sanitary purposes, Inc lud- 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 Villago 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 1111nois as may hereafter have authority to fix9 establish 4W5_ 5 -18 1:S 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, 1961e Sect on 149 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 ''-e teas of this ordinance, and that all rules $ regulations and c ondit ions of service which may be hereafter adopted by the Corporation and approved by the Illinois Comeroe 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, Se..jgtti..o.g �,. 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 s ©t forth in the schedules) of rates then on file with the Illinois Commerce Com- mission or ouch other regulatory body as may then have authority to establish, fix or approve such rate or rates. S�ecti_g¢n U. 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, avenues, 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 ordinance. Section 122 Nothing herein contained shall be construed as preventing the Corporation in the construction of said sewerage treatment pi tnt and c olle,!t ion and disposal system and in placing, ng, -6- replacing, taking up, repairing or removing sewer mains, sewer pipes, lateralsv manholes, connections or other structures, appli- ances or devices for furnishing sewer service, from using any aneemonts for sewer servico or other public utility purpos ©s which in qffect arc hown on n fiat or plate of an portion of said Yillagel hera- at t9e time of Ja�d Village incorporation tofore or hereafter p]attod or recorded or any such easement which may hereafter be created, granted or dedicated for any such utility purposes by any porson, firm or corporation whatsvt •air. Sec, i n 14. That title to all sewer mains, sewer p: ,es, laterals, manholes, connootinns 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 ea..­-ents 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 tho Corporation shall, within ninety (90) days after the passago of this ordinance, File with the Vil-; lags Clerk of the Village of Oakbrook, Illinois, its unconditional acceptance signed by its President or its Vice President of the terms and oanditions 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 Comm©ren Commission or such other regulatory body of she State of Illinois as may hereafter sueeeod to the rights and powers of the Illinois Commerce •;ommission 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. See tion 16, That if any section or portion of any sec- tion of tale ordinance shall hereafter be deel3 red or determined -7- 'b I t T . by any court of compatent authority to be invalid, the Corporation at its election (to be given to tho Village by notice in writing within thirty (30) days after any such dee3aration or dotermina- tion) may ratify or confirm the remaining portions of this ordin- anco and upon such ratification or confirmation the remaining portions of this ordinance shall remain in full force and effect. Se e_ tion 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 my 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 Villages 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 timo 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 tho State of Illinois and to any other persons firm or corporation authorized or empowered to own and/or operate a seder utility business in the State of Illinois, Sec, iop 18. That all ordinances or parts of ordinances which are in conflict with the forogoing Provisions of this ordin- ance, or any of them, be and the same are to the extent of such conflict hereby repealed. Section 12. That this ordinance shall take effect and bo in force immediately after its passage and aoproval by the Village and publication according to law. Published in pamphlet form b #- oif�ie of the President and Hoard of Trustees of the Village or )4kbr ,)ok,, inois # this day of All�'u8$ 1959 0 as a�..gaoaA�� a —aaaar a Y 5 Ayes 0 mays Pre# n