S-18A - 08/18/1959 - WATER - Ordinances — v G- .0S
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ORDINANCE N0. 1i►A+W N c-h rs d
An ORDINANCE providing for a supply of water for
domestic, commercial, industrial and public use
and fire protections granting to :Oak Brook Utility
Company$ its successors and assigns$ the privilege
and franchise to construct, operate and maintain
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,
alleys, sidewalks$ bridges and public grounds in
the Village of Oakbrook for the supply of water
for domestic, commercials industrial and public
use and fire protection in the Village of Oak-
brooks 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 Brook
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 30s 1989, the franchises
right and privilege of supplying the Village of OaTtraok9 Illinois
(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 Village 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 structure4
appliances and devices for the service of water within the present
or future corporate limits of said Village.
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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.
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public grounds in the present or future corporate limits of said
Village for the water mains, 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, sidewalks, 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 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
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repairing of such pipes, mains, service pipes, hydrants, structures
or other 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 attorneyst fees incur-
red by said Village in defending itself against any such claims,
demands, actions or causes of action. When making street excava-
tions for the aforesaid purposes or for any other proper purpose,
the said Corporation shall erect barricades at the end of all exca-
vations and at all street crossings . Upon demand of the Villages
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 ($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 a main or pipe in a street, the grade of which has not been
established, it shall be the duty of said Village to establish said
grade. 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 that 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 Village shall make or cause
to be made any street improvements, including surfacing, resurfac-
ing or widening of streets, resulting in any change in the street
grade, the said Village 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
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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 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 the water supplied by said Corporation
shall be good, 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 such character and capacity as will furnish the necessary
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supply of water (excepting during periods of unusual and unavoida-
ble casualties ) for private and public use and fire protection
along all lines of its water mains.
Section Z. That in compliance with its undertaking to
furnish suitable water for private and public use and fire protec-
tion, the Corporation 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 water mains at least once annually
or as often as may be necessary. The Corporation shall make fre-
quent inspections of sa;_d hydrants and shall use every reasonable
means to keep said hydrants and mains in as good operating condi-
tion as possible.
Section 8. That the said Corporation shall not be re-
quired to furnish water consumers with water service when all
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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.
Section 9• That the said Corporation shall not be obli-
gated to furnish water service to any property or properties,
including property of the Village, where there is no water main
abutting on, or adjacent to, said 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 time any application for extension of water mains is made
by the Village or other parties -
Section 10. That the Village hereby agrees to take and
the Corporation hereby agrees to furnish all the water which may be
required by said Village for any purposes whatsoever, including
public fire protection, flushing of public gutters, sewers and
streets, testing of fire apparatus and practice of fire departments,
Village buildings, Fire stations, park and library buildings and
public fountains 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 water service so furnished to it by the
Corporation in accordance with the applicable rate or rates set
forth in the schedule of rates then on file with the Illinois Com-
merce Commission or such other 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 made to
the Village for any water service, including public fire protection,
furnished to said Village prior to June 30, 1961.
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Section 11. That the Village shall use the fire hydrants
located therein only for the purposes of extinguishing fires, for
flushing public gutters and sewers and for testing of fire appara-
tus and practice by the fire 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 officer, agent or employee of the said Village, the
said Village shall pay the said Corporation the cost of repairing
or replacing the same. In no case shall any hydrant be used by the
Village for flushing of private sewers.
Section 12. That the Village and the Corporation hereby
agree that this ordinance shall from time to time be subject to any
and all rule s, 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 any and all rules, regulations and
conditions of service which may be herafter adopted by the Corpora-
tion 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.
Section 13. 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 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
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then have authority to establish, fix or approve such rate or rates.
Section 1LL. 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 mains, pipes, service pipes or other devices and
appurtenances or for otherwise carrying out the provisions of this
ordinance.
Section . 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 effect at the time of said Village incorporation
said VillagAheretofore 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 what-
soever.
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 invalids 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 17* 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
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shall, from the date of construction thereof, be and remain in the
Corporation, its successors and assigns .
Section 18. That this ordinance shall, to the extent now
or hereafter permitted by the statutes or law of the State of
Illinois, inure to the benefit of and be binding upon any city,
village or other municipal corporation to which the Village of Oak-
brook 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 water service within the present or future
corporate limits of said 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 corpporation organized
under the laws of the State of Illinois or authorized to engage in
public utility business within the State of Illinois and to any
other person, firm or corporation authorized or empowered to own
and/or operate a water utility business in said State.
Se-, ction 19. That the Corporation shall, within ninety
(90) days after the passage of this ordinance, file with the Village
Clerk of the Village of Oakbrook 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 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 water companies furnishing water service in the
State of Illinois, be the measure of the rights, powers, obligations,
privileges and liabilities of said Village and of said Corporation.
Sec_ n 20. That all ordinances or parts of ordinances
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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 21. That this ordinance shall take effect and be
in force immediately upon 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 Oakbrook this _..jL_tb day of
&uj us�t , 1959-
5 Ayes e� ,
0 Nays
President
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