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HomeMy WebLinkAboutORDINANCE - 1175 - 9/27/1977 - METRO SANIT. DIST OF GREATER CHGOORDINANCE NO. 1175 AN ORDINANCE GRANTING PERMISSION TO THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO TO CONSTRUCT , RECONSTRUCT, REPAIR, MAINTAIN AND OPERATE THE O'HARE-ELAN SOLIDS PIPELINE WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE BE IT ORDAINED BY THE President and Board of Trustees of the Village of Elk Grove Vi.IJ.age, Counties of Cook and DuPage, State of Illinois, as follows: Section 1. That subject to the conditions herein stated, the perpetual ease- ment, right and authority be and the same is hereby granted and given to the Metropolitan Sanitary District of Greater Chicago (hereinafter referred to as "Sanitary District''), to construct, reconstruct, repair, maintain, and operate the O'Hare -Egan Solids Pipeline (71-311-25 ),together with appurtenances thereto, hereinafter designated as "The System", upon, under, and through all the streets, highways, public lands, public rights-of-way, and public easements of the Village of Elk Grove Village (hereinafter referred to as "The Village") within the terri- torial limits of the Village traversed by said System, which right-of-way within said territorial limits are described as follows, to wit: That portion of the Natural Gas Pipeline of America fee strip bounded on the west by Arlington Heights Road and on the east by Higgins Road, within Sections 26, 27, and 28, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Section 2. That the location, size, and manner of construction of The System shall be in accordance with plans and specifications prepared by the Sanitary District, as approved by the Village engineers. Section 3. That the rights hereby granted to the Sanitary District are so granted upon the following conditions: (a) That the Sanitary District shall, at its own expense, make such changes in the location of the police and fire alarms and street lighting, and electric wires of the Village as may be rendered necessary by the const- ruction of The System of the Sanitary District. (b) That the Sanitary District shall, at its cost and expense, install all such safety devices and traffic control signals as may become necessary and required by The Village for the public convenience, health and safety, as a result of any routing or rerouting of traffic caused by the construction contemplated in this ordinance. (c) That The System of the Sanitary District shall be constructed, recon- structed, repaired, and efficiently maintained and operated solely by the Sanitary District at its sole expense and cost, and The Village shall not be held responsible in any manner for the location or manner of construction, repair, or operation of the same. (d) That the Sanitary District shall indemnify, save, and keep harmless The Village from any and all claims for damage to real and personal property and injuries to or death suffered by persons by reason of the construction, reconstruction, repair, maintenance, or operation by the Sanitary District of The System within the corporate limits of The Village. (e) That The Sanitary District shall, at its sole cost and expense, restore to their former condition of usefulness the pavements of all streets, public alleys-q.highways, and public storm and sanitary sewers, as well as all other structures., shrubs, trees, and sod which may be disturbed or interfered with or damaged by the construction, maintenance, repair or operation of The System, as well as all walks, crosswalks, curbs, gutters, catch basins, and ditches within five (5) working days and shall thereafter maintain such restoration from time to time as may be necessary, but not to exceed two (2) years. All surplus excavation and other spoil shall be removed from the paved streets, public alleys, and highways by the Sanitary District. (f) All Village streets, crossings will be auge red except Charing Cross Road and the west one-half of Ridqe Avenue. Restoration of the open cut streets will be made in accordance with Village ordinances and guaranteed for a period of two (2) years. (g) That the Sanitary District and its contractors are hereby given and granted the right to use in the construction of The System such motor trucks, excavators, hoisting engines, and other plant equipment and mat- erials as may be necessary for the complete construction of said work provided such equipment is within weight limitations governed by Village ordinances or permission is obtained from the Elk Grove Village Chief of Police to exceed said limits. (h) That the Sanitary District shall, at its own expense and cost, make such alterations in the location of the water mains of The Village as may be rendered necessary by the construction of The System of the Sanitary District. And in all such cases, where it shall become and be necessary that water service pipes be removed, cut off, or damaged in any way on account of the construction of The System the Sanitary District is hereby authorized to remove, alter, repair, and replace such water service pipes at its own cost and expense, providing any water service pipes disturbed shall be replaced by the Sanitary District, provided, however, that all work done on said water mains and water service pipes shall be subject to the approval of the Village engineer. (i) That the Village, in consideration of the passage of this ordinance and the mutual benefits thereby give, grant, and issue without fees or cost therefor, to the Sanitary District or to any contractor to whom this work or any part thereof specified in this ordinance shall be awarded, all permits or licenses required for doing said work upon application and shall not require the Sanitary District or its contractors to deposit any sums of money required under any ordinance of The Village for similar work, and shall furnish the Sanitary District or any con- tractor to whom said work or any part thereof shall be awarded, at any existing water connection or hydrant, or such suitable connection as may be installed, a maximum of 3,000 gallons of water per day for use in the performance of said work (provided that the water so furnished will not interfere with the necessary water supply for The Village), at the then regular rate charged by The Village to its customers, all said water to be measured through meters furnished by the Sanitary District or its contractors, and further, shall not require the payment by the Sanitary District of any fees or salaries for inspectors employed by The Village on said work. - 2 - Section 4. That this ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this 27th day of September 1977, APPROVED this 27th day of September 1977, VOTE: AYES: 6 NAYS: 0 ABSENT: 0 ATTEST: Eleanor G. Turner Village Clerk - 3 - Charles J. Zettek Village President