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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