HomeMy WebLinkAboutRESOLUTIONS-1995-007-R-95•
1-4-95
7-R-95
A RESOLUTION
Authorizing the City Manager to Negotiate Conditions
for Easements with the Metropolitan Water
Reclamation District of Greater Chicago
Phase IV Sewer System Improvements
WHEREAS, the City of Evanston requires two temporary easements and two 25
year easements from the Metropolitan Water Reclamation District of Greater Chicago
(MWRDGC) for Phase IV of the Sewer System Improvements Plan; and
WHEREAS, such easements are in the best interest of the citizens of the City of
Evanston.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager of the City of Evanston is hereby authorized
to sign the easement agreement marked as Exhibit A attached hereto and incorporated
herein by reference.
SECTION 2: That the City Manager of the City of Evanston is hereby authorized
and directed to negotiate any additional conditions as are in the best interest of the City
of Evanston.
SECTION 3: This Resolution shall be in full force and effect following its
.passage and approval in the manner required by law.
Mayor
ATTES
City Clerk
Adopted: 1995
r
FMF:MKW:Imw 9/26/94
• EASEMENT AGREEMENT
(Environmental)
Rev. 2/24/94
THIS AGREEMENT, made and entered Into this 1st day of September,
1994, by and between the METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, a municipal corporation organized and existing under the
laws of the State of Illinois, hereinafter called the "District" and
the CITY OF EVANSTON, hereinafter called the "Grantee".
WHEREAS, the Grantee desires two 25-year non-exclusive easements and
two temporary construction easements as part of Phase IV of its sewer system
improvement program as follows:
A. A 25-.year easement for relief sewer and facilities as
shown and described in Exhibit A, depicted as P.E.-G.
B. A 25-year easement for relief sewer as shown and de-
scribed in Exhibit A, depicted as P.E.-I.
C. A temporary easement to facilitate construction of the
improvement and facilities as shown and described in Exhibit A,
depicted as T.E.-F.
D. A temporary easement to facilitate construction of the
improvement and facilities as shown and described in Exhibit A,
depicted as T.E.-J.
The above described easements to be for real estate legally described and
depicted in Exhibit- A which is attached hereto and made a part hereof; and
WHEREAS, the District is willing to grant to the Grantee the easement
aforesaid, upon the conditions hereinafter set forth;
� I �
NOW, THEREFORE, for and in consideration of the representations,
covenants, conditions, undertakings, and agreements herein made, the parties
hereto agree as follows: 0
1.01 The District hereby--. grants unto the Grantee a non-exclusive
easement, right, privilege and authority for 25 years commencing on
September 1, 1994, and terminating on August 31, 2019, for the sole
and exclusive purpose to construct, reconstruct, operate, maintain,
repair and remove its improvements and facilities and access thereto
hereinafter for convenience sometimes called "Improvements and Facilities"
upon the real estate legally described and depicted in Exhibit A which is
attached hereto and made a part hereof, hereinafter called the "Easement
Premises".
1 .0 2 The District reserves the right of access to and use of the surface
of the easement premises.
1.03 The Grantee covenants and agrees in consideration of the grant 'of •
said
easement to pay to.. the
District a
one-time easement fee in the amount of
TEN
AND NO/100... DOLLARS
($10.00),
which is payable contemporaneously
with
Grantee's execution and
delivery
hereof.
1T0-4-I-NTER,t•M--Argt+U-kI=—E*A &EM•E-N-T—F-E-E—kD-J•UgTM-ENTS. i
anniversary of the effective date of this Easement, the annual :-annual
to paid by
Grantee to District shall be adjusted by multiplying the it fee or
the fee in effect for the previous one-year period/ the percentage of change
in the Consumer Price Index for th iC� cago Metropolitan Area, more
specifically, the "Chicago All Items Consumer Price Index for All Urban
Consumers (CP1U) on a 82-1984 Base" which for the month of January,
1993 was 143. ,- ublished by the United States Department of Labor, Bureau
of La or -Statistics, as established for the month of January immediately
receding -the term- of -this- Easement-(in--the-case-of-the-firT"rrnvai-fete
adju-st-ment—hereunder)--end—every--month—of—January—"rea4ter—d --*-- #►e—
• hereof. in the event the CPIU is discontinued, the Bo=d_of—t,ommiss ioners of
the District shall, in its sole discretion—seMict and utilize any other economic
activity index' ailthe'"United States government which reasonably reflects
an i o—a et iv ity—in—t-he---Metropetit-e n--Gtvioego—Ame-
1 .0 5 In addition to the aforesaid, the Grantee shall also pay, when due,
all real estate taxes and assessments that may be levied, charged or imposed
upon or against the Easement Premises described in Exhibit A and submit to the
District evidence of such payment within 30 days thereafter.
2.01 Grantee shall construct, install, operate, maintain and remove the
"Improvements and Facilities", in a good and workmanlike manner at its sole
cost, risk and expense.
• ARTICLE THREE
3.01 The construction and installation of the Improvements and
Facilities of the -Grantee on the Easement Premises shall be in accordance with
plans and specifications therefor prepared at Grantee's expense and supplied to
the District by the Grantee. No . work shall commence until said plans and
specifications have been approved in writing by the Chief Engineer of the
District.
3.02 The . construction and installation of the Improvements and
Facilities by the Grantee on the Easement Premises shall be done to the
satisfaction of the Chief Engineer of the District.
3.03 The Grantee shall compensate the District for any additional costs
that the District may sustain in any future construction of sewers, reservoirs
or any other surface or underground structures caused by the presence, of the
Improvements and Facilities of the Grantee on the Easement Premises..
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3.0 4 Upon completion of the construction of the dropshaft and
connecting structures by the Grantee, the District shall assume ownership of •
the dropshaft and TARP structures.
3.05 The attached drawings described as Exhibit B which are - listed
below depict the existing District facilities in the area. Grantee agrees to
safeguard the facilities during proposed construction and to provide District
with unrestricted vehicular access to maintain the facilities at all times.
Drawing Sheet Facility
S - 21 Mainstream Tunnel System
Contract No. 73-058-AH
3.06 A separate sewer permit application for this project is currently
under review by the District. This permit will be issued upon satisfaction of
all the technical requirements and execution of this easement agreement.
3.07 The Grantee shall relocate or remove the Improvements and
Facilities existing or constructed upon the Easement Premises at no cost to the
District:
A. in the event that the subject premises are adjacent to
any channel, waterway or reservoir, and said channel, waterway
or reservoir is to be widened by the -District or any other
governmental agency; or
B. In the event that any agency of government, having
jurisdiction over said channel, waterway or reservoir requires
the relocation or removal of said improvements; or
C. In the event that said relocation or removal is required
for the corporate purposes of the District.
ARTICLE FOUR
4.01 The District expressly retains its interest in and rights to the use
and occupation of the Easement Premises subject to the easement rights herein
granted, and the District may grant further easements, assign, sell or lease the
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same to other parties subject to the Grantee's right of use and a reasonable
• means of access to said improvements and Facilities for construction,
reconstruction, operation, maintenance, repair or removal thereof.
4.02 The Grantee shall be solely responsible for and shall defend,
indemnify, keep and save harmless the District, its Commissioners, officers,
agents and employees, against all injuries, deaths, losses, damages, claims,
patent claims, liens, suits, liabilities, judgments, costs and expenses which
may in any wise accrue, directly or indirectly, against the District, Its
Commissioners, officers, agents or employees, in consequence of the granting of
this Easement, or which may in anywise result therefrom or from any work
done hereunder, whether or not it shall be alleged or determined that the act
was caused through negligence or omission of the Grantee or Grantee's
contracts, subcontractors or their agents and the Grantee shall, at Grantee's
sole expense, appear, defend and pay all charges of attorneys and all costs and
other expenses arising therefrom or incurred in connection therewith, and, if
any judgment shall be rendered against the District, its Commissioners,
officers, agents or employees, in any such action, the Grantee shall, at .the
Grantee's sole expense, satisfy and discharge the same provided that Grantee
shall first have been given prior notice of the suit in which judgment has been
or shall be rendered, Grantee shall have been given an opportunity to defend the
same and the District shall have given Grantee its full cooperation. Grantee
expressly understands, and agrees that any performance bond or insurance
protection required by this Easement, or otherwise provided by Grantee, shall
in no way limit the responsibility to indemnify, keep and save harmless and
defend the District as herein provided.
4,03-(a_)---the-Gf-entee, .pFEer-te-eRtering-upon seid-premises-eh
same for the purposes for which this Easement is granted, shall pro main-
tain and keep in force, at Grantee's expense, the followi lic liability and
property damage insurance in which the Distri s Commissioners, officers,
agents and employees, are a named Lrrsured as well as fire and extended
coverage, and all-risk pro insurance ("CLAIMS MADE" policies are
unacceptable) In w ' hr'ihe District is named loss payee from a company to be
• approved a District, each .afore -referenced policy shall have limits of not
then-tt}e-#euow+ag�--
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,
^ e CMP-R-E"E*Sl V-E—G EN ER•A-L--LIA BI L-IT-Y
Combined Single Limit Bodily Injury Liability
Property Damage Liability (Including Liability for Envir ental
Contamination of Adjacent Properties
fh* the amount of not less than $4 000;000.00
per Occurrenc�i
nd
�/XLL RISK PROPERTY INSURANCE
�I icitlding Coverage for Environmental Contamination
y� of Easement Premises)
in the amount of not less than $4,000,000.00
pa�.�cC►renro
Prior to entering upon said premises, and thereafter on the anniversary
date of such policies, the Grantee shall furnish to the District certificates of
such insurance or other suitable evidence that such insurance coverage has been
procured and is maintained in full force and effect. Upon District's written
request, Grantee shall provide District with copies of the actual insurance
policies within ten (10) days of District's request for same. Such certificates
and insurance policies shall clearly identify the premises and shall provide
that no change, modification in or cancellation- of any insurance shall become i
effective until the expiration of thirty (30) days after written notice thereof
shall have been given by the insurance company to the District. The provisions
of this paragraph shall In no wise limit the liability of the Grantee as set forth
in the provisions of paragraph 4.02 above, or
4.03 (b) The Grantee prior to entering upon said premises and using the
same for the purposes for which this Easement is granted, shall prepare and
transmit to the District an acknowledged statement that the Grantee is a
self -insurer, and that -it' undertakes and promises to Insure the District, its
Commissioners, officers, agents, servants and employees on account of risks
and liabilities contemplated by the indemnity provisions of this Easement
(Article Four, Paragraph 4.02) above; and that such statement is Issued in lieu
of policies of insurance or certificates of insurance in which the District, its
Commissioners, officers, agents, servants and employees would be a named or
additional insured, and that it has funds available to cover those liabilities in
the respective amounts therefor, as set forth as follows:
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i
COMPREHENSIVE GENERAL LIABILITY
• Combined Single Limit Bodily Injury Liability
Property Damage Liability (Including Liability for Environmental
Contamination of Adjacent Properties)
In the amount of not less than $4,000,000.00
per Occurrence
and
ALL RISK PROPERTY INSURANCE
(Inci.u.ding. Coverage for Environmental Contamination
of Easement Premises)
in the amount of not less than $4,000,000.00,
per Occurrence.
This statement shall be signed by such officer or agent of the Grantee
having sufficient knowledge of the fiscal structure and financial status of the
Grantee, to make such a statement on behalf of the Grantee and undertake to
assume the financial risk. on behalf of the Grantee and will be subject to the
approval of the District.
0 . ARTICLE FIVE
5.01 In the event of any default on the part of the Grantee to faithfully
keep and perform all singular the covenants, agreements and undertakings
herein agreed by it to be kept and performed, or if said Improvements and
Facilities are abandoned, the District shall give the Grantee notice in writing of
such default or abandonment; and if such default or abandonment shall not have
been rectified within thirty (30) days after receipt of such notice by the
Grantee, all rights and privileges granted herein by the District to the Grantee
may be terminated by the District; and upon such termination, the Grantee shall
immediately vacate the Easement Premises and remove its Improvements and
Facilities from said real estate and restore the land to its condition prior to
Grantee's entry thereon, all at the sole cost of the Grantee.
5.02 The Grantee. shall have the right to give the District written notice
to cease and terminate all rights and privileges under this agreement. in the
0
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event of such termination, the Grantee shall have a period of one -hundred
twenty (120) days from and after such termination date to remove the
Improvements and Facilities and to restore --the land to Its original condition at
no cost to the District.
The expiration of said removal and restoration date shall in no event
extend beyond the expiration date of this Easement.
5.0 3 The. Grantee understands and agrees that upon the expiration of this
Easement, Grantee shall have removed or caused to be removed its
Improvements and Facilities and any other things which Grantee has erected or
placed upon said Easement Premises. Grantee further agrees to yield up said
Easement Premises in as good condition as when the same was entered upon by
the Grantee. Upon ....Grantee's failure to do so, the District may do so at the sole
expense and cost of Grantee.
6.01 The Grantee also agrees that if the District incurs any additional
expense for additional work which the District would not have had to incur if •
this Easement had not been executed, then, in that event, the Grantee agrees to
pay to the District such additional expense as determined by the Chief Engineer
of the District, promptly upon rendition of bills therefor to the Grantee.
6.02 The Grantee covenants and agrees that It will reimburse the
District, make all necessary repairs at its sole cost and expense and otherwise
keep and save harmless the District from any loss, cost or expense arising out
of the granting of this Easement suffered to property of the District by way of
damage to or destruction thereof, caused by any act or omission of the Grantee,
Grantee's agents, employees, contractors, subcontractors, or anyone else acting
through or on behalf of Grantee, its agents, employees, contractors, or
subcontractors.
6.03 During the term of this Easement, the District shall not be liable to
the Grantee for any loss, cost or expense which the Grantee shall sustain by
0
reason of any damage to its property or business caused by or growing out of the
construction, repair, reconstruction, maintenance, existence, operation or
failure of any of the sewers, structures,- channels or other works or equipment
of the District now located. or to be constructed on said Easement Premises, or
on the land of the bistrict adjacent to said Easement Premises.
7.01. Detailed plans of subsequent construction or material alteration of
the Grantee's Improvements and Facilities shall first be submitted to the Chief
Engineer of the District for approval. Construction.. work shall not begin until
such approval is given to Grantee in writing.
7.02 The Grantee, prior to entering upon said premises and using the
same for the purposes for which this Easement is granted, shall, at Grantee's
sole cost and expense, obtain all permits, consents and licenses which may be
required under any and all statutes, laws, ordinances and regulations of the
District, the United States of America, and any other regulatory body having
jurisdiction over the Easement Premises, the Grantee or its activities
thereunder, the State of Illinois, the Qounty, or the city, village, town or
municipality in which the subject property is located, and furnish to the
District suitable evidence thereof.
7.03 Any notice herein provided to be given shall be deemed properly
served if delivered in writing personally or mailed by registered or certified
mail, postage prepaid, return receipt requested to the District in care of the
General Superintendent, 100 East Erie Street, Chicago, Illinois 60611, or to
the Grantee in care of:
City Manager
City of Evanston
2100 North Ridge
Evanston, Illinois 60201
or to such other persons 'or addresses as either party may from time to time
designate.
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8 . 0 1 The Grantee, prior to entering upon said premises and using the to
same for the purposes for which this Easement is granted, shall, at Grantee's
sole cost and expense, obtain all permits, consents and licenses which may be
required under any and all statutes, laws, ordinances and regulations of the
District, the United States of America, the State of Illinois, the county, or the
city, village, town or municipality in which the subject property is located,
and furnish to the -District suitable evidence thereof.
8.0 2 The Grantee covenants and agrees that. it shall strictly comply with
any and all statutes, laws, ordinances and regulations of the District, the United
States of America, the State of Illinois, the county and the city, village, town or
municipality In which the subject property is located, which in any manner
affect this Permit, any work done hereunder or control or limit in any way the
actions of Grantee, its agents, servants and employees, or of any contractor or
subcontractor of Grantee, or their employees.
8.03 The Grantee agrees to protect all existing District facilities within •
the Easement Premises, including, but not limited to, intercepting sewers,
sludge lines, utility lines, dropshafts, connecting structures, siphons and
manholes.
8.04 Grantee agrees to abide by and implement the District's Waterway
Strategy Resolution as adopted by the District's Board of Commissioners, and
attached hereto as Exhibit C and made a part hereof.
ARTICLE NIN-E
GENERAL ENVIRONMENTAL PROVISIONS
9.01 DEFINITIONS
A. "Environmental Laws" shall mean all present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals,
plans, authorizations and similar items, of all government agencies,
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departments, commissions, boards, bureaus, or instrumentalities of the United
States, state and palitical subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees, judgments, orders, notices or
demands relating to industrial hygiene, and the protection of human health or
safety from exposure to Hazardous Materials, or the protection of the
environment In any respect, including without limitation:
( 1 ) all requirements, including, without limitation,
those pertaining to notification, warning, reporting, licens-
ing, permitting, investigation, and remediation of the presence,
creation, manufacture, processing, -use, management, distribu-
tion, transportation, treatment, storage, disposal, handling, or
release of Hazardous Materials;
(2) all requirements pertaining to the protection of
employees or the public from exposure to Hazardous
Materials or injuries or harm associated therewith; and
(3) the Comprehensive Environmental Response, Compen-
sation and Liability Act (Superfund or CERCLA) (42 U.S.C. Sec.
9601 gt_ M.), the Resource Conservation and Recovery Act
Act (Solid Waste Disposal Act or RCRA) (42 U.S.C. Sec. 6901
gt =.), Clean Air Act (42 U.S.C. Sec 7401 gt_ =.), the
Federal Water Pollution Control Act (Clean Water Act)
(33 U.S.C. Sec, 1251 D_L sad•), the Emergency Planning and
Community Right -to -Know Act (42 U.S.C. Sec. 11001 e_L S=) ,
the Toxic Substances Control Act (15 U.S.C. Sec, 2601 gj
=.), the National Environmental Policy Act (42 U.S.C. Sec.
4 3 2 1 gj the Rivers and Harbors Act of 1988 (33 U.S.C.
Sec. 401 ej =.), the Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 21 =.), the Safe Drinking Water Act (42 U.S.C.Sec.
300 (f) et sect., the Illinois Environmental Protection Act
(415 ILCS 5/1 et sea.) and all rules, regulations and guidance
documents promulgated or published thereunder, Occupational
11 -
Safety and Health Act (29 U.S.C. Sec. 651 al egg.) and all
similar state, local and municipal laws relating to public health,
safety .or the environment. 0
B. "Hazardous'' Materials" shall mean:
(1) any and all asbestos, natural gas, synthetic
gas, liquefied natural gas, gasoline, diesel fuel, petro-
leum, petroleum products, petroleum__ hydrocarbons, petro-
leum by-products, petroleum derivatives, crude oil and
any fraction of it, polychlorinated biphenyls (PCBs),
trichloroethylene, ureaformaldehyde and radon gas;
(2) any substance (whether solid, liquid or
gaseous in nature), the presence -of which (without re-
gard to action level, concentration or quantity threshold
requires investigation or _= remediation under any federal,
state or local statute, regulation, ordinance, order,
action, policy or" common law;
(3) any substance (whether solid, liquid or gaseous
in nature) which is toxic, explosive, corrosive, flam-
mable, infectious, radioactive, carcinogenic, mutagenic,
or otherwise hazardous or dangerous;
(4) any substance (whether solid, liquid or gaseous
in nature) the presence of which could cause or threaten
to cause a nuisance upon the area subject to easement or
to adjacent properties or pose or threaten to pose a hazard-
ous threat to the health or safety of persons on or about
such properties;
(5) any substance (whether solid, liquid or gaseous
in nature) the presence of which on adjacent properties
could constitute trespass by or against Grantee or District;
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(6) any materials, waste, chemicals and sub-
stances, whether solid, liquid or gaseous In nature, now
or hereafter defined, listed, characterized or referred to
in any Environmental Laws as "hazardous substances,"
"hazardous waste," "infectious waste," "medical waste,"
"extremely hazardous waste," "hazardous materials,"
"toxic chemicals," "toxic substances," "toxic waste,"
"toxic materials," "contaminants," "pollutants,"
"carcinogens," "reproductive toxicants," or any variant
or similar designations; `.
(7) any other substance (whether solid, liquid or
gaseous In nature) which is now or hereafter regulated or
controlled under any Environmental Laws (without regard
to the action levels, concentrations or quantity thresholds
specified herein); or
• (8) any result of the mixing or addition of any of the
substances described in this Subsection B with or to other
materials.
C. "Phase I Environmental Assessment" shall mean:
(1) an assessment * of the Easement Premises and a
reasonable area of the adjacent premises owned by the District
performed by an independent and duly qualified, licensed
engineer with experience and expertise in conducting
environmental assessments of real - estate, bedrock and
groundwater of the type found on the Easement Premises and
said assessment shall include, but not necessarily be limited
to a historical review of the use (abuse) of the Easement
Premises, a review of the utilization and maintenance of
hazardous materials on the Easement Premises review of the
Easement Premises' permit and enforcement history (by re-
view of regulatory agency records), a site reconnaissance and
physical survey, inspection. of Easement Premises, site inter-
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views and site history evaluations, basic engineering
analyses of the risks to human health and the environ-
ment of any areas of identified concerns, and prepara- •
tion of a written report which discusses history, site
land use, apparent regulatory compliance or lack thereof
and which includes historical summary, proximity to and
location of USTs, LUSTs, TSOFs, CERCLA site flood plain,
maps, photograph log references, conclusions and recommenda-
tions.
D. "Phase II Environmental Assessment" shall mean:
(1) an assessment of the Easement Premises and a reasonable
area of the adjacent property owned by the District performed by an
independent and duly qualified, licensed engineer with experi-
.ence and expertise in conducting environmental assessments of real
estate, bedrock and groundwater of the type found on the
Easement Premises and said assessment shall include, but not neces-
sarily be limited to, extensive sampling of soils, groundwaters
and structures, followed by laboratory analysis of these samples •
and interpretation of the results, and preparation of a written re-
port with boring logs, photograph logs, maps, investigative proce-
dures, results, conclusions and recommendations.
9.02 MANUFACTURE, USE, STORAGE, TRANSFER OR DISTRIBUTION OF
HAZARDOUS MATERIALS UPON OR WITHIN THE EASEMENT
Grantee, for itself, its heirs, executors, administrators, and successors
covenants that to the extent that any Hazardous Materials are manufactured,
brought upon, placed, stored, transferred, conveyed or distributed upon or
within the Easement Premises, by Grantee or_ its subtenant or assigns, or any of
its agents, servants, employees, contractors or subcontractors, same shall be
done in strict compliance with all Environmental Laws.
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Construction or installation of new or reconstruction of any
underground interconnecting conveyance facilities for any material or
substance Is = permitted without the advance written consent of the Chief
Engineer of the District.
9.03 USE OF PREMISES (RESTRICTIONS - ENVIRONMENTAL)
Grantee shall use the Easement Premises only for purposes expressly
authorized by Article 1.01 of this Easement Agreement. Grantee will not do or
permit any act that may impair the value of the Easement Premises or any
part thereof or that could materially increase the dangers, or pose an
unreasonable risk of harm, to the health or safety of persons to third parties
(on or off the Easement Premises) arising from activities thereon, or that
could cause or threaten to cause a public or private nuisance on the Easement
Premises or use Easement Premises in any manner (1) which could cause the
Easement Premises to become a hazardous waste treatment, storage, or
disposal facility within the meaning of, or otherwise bring the Easement
Premises within the ambit of,- the Resource Conservation and Recovery Act of
1976, Section 690.1 et sea. of Title 42 of the United States Code, or any
similar state law or local ordinance, (ii) so as to cause a release or threat
of release of Hazardous Materials from the Easement Premises within the
meaning of, or. otherwise bring the Easement Premises within the ambit of, the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, Section 9601 et sea. of Title 42 of the United States Code, or any similar
state law or local ordinance or any other Environmental Law or (iii) so as to
cause a discharge of pollutants or effluents into any water source or system, or
the discharge into the air of any any emissions, which would require a permit
under the Federal Water Pollution Control Act, Section 1251 of Title 33 of the
United States Code, or the Clean Air Act, Section 741 of Title 42 of the United
States Code, or any similar state law or local ordinance.
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9.04 CONDITION OF PROPERTY (ENVIRONMENTAL)
A. In the event Grantee has used the Easement Premises under a
prior easement agreement, Grantee warrants and represents that as a
result of . the easement grant, the Easement Premises and improvements
thereon, Including all personal property, have not been exposed to
contamination by any Hazardous Materials, that there has not been thereon a
release, discharge, or emission, of any Hazardous Materials during its
occupancy of the premises as defined by any Environmental Laws, and that
the Easement Premises does not contain, or is not affected by
underground storage tanks, landfills, land disposal sites, or dumps.
B. In the event of a release, emission, discharge, or disposal of
Hazardous Materials in, on, under, or about the Easement Premises or the
improvements thereon, Grantee will take all appropriate response action,
including any removal and remedial action after the execution date of this
Easement Agreement.
9.05 INDEMNIFICATION (ENVIRONMENTAL)
A. In consideration of the execution and delivery of this Easement
Agreement, the Grantee Indemnifies, exonerates, and holds the District and its
officers, officials, Commissioners, employees, and agents ("Indemnified
Parties") free and harmless from and against any and all actions, causes of
action, suits, losses, costs, liabilities and damages and expenses Incurred in
connection with any of these (irrespective of whether any such Indemnified
Party is a party to the action for which indemnification is here sought),
including reasonable attorney's fees, costs and disbursements, incurred by the
Indemnified Parties as a result of or arising out of or relating to (i) the
imposition of any governmental lien for the recovery of environmental cleanup
costs expended by reason of Grantee's activities, or (Ii) any Investigation,
litigation, or proceeding related to any environmental response, audit,
compliance, or other matter relating to the protection of the environment, or
16
(III) the release or threatened release by Grantee, its subsidiaries, or its
• parent company, of any Hazardous Materials, or the presence of Hazardous
Materials on or under the Easement Premises, or any property to which the
Grantee, its parent company or any of its subsidiaries has sent Hazardous
Materials, (including any losses, liabilities, damages, injuries, costs,
expenses, or claims asserted or arising under any Environmental Law),
regardless of whether caused by or within the control of the Grantee, its parent
company or its subsidiaries, provided that, to the extent District is strictly
liable under any Environmental Laws, Grantee's obligation to District under
this indemnity shall be without regard to fault on the part of the Grantee with
respect to the violation of law which results in liability to District.
9.06 ENVIRONMENTAL COVENANTS
Grantee agrees to and covenants as follows:
A. Grantee covenants and agrees that, throughout the term of the
Easement Agreement, all Hazardous Materials which may be used upon the
• Easement Premises shall be used or stored thereon only in a safe, approved
manner, in accordance with all generally accepted industrial standards and all
Environmental Laws.
0
B. Grantee has been issued and is in compliance with all permits,
certificates, approvals, licenses, and other authorizations relating to
environmental matters and necessary for Its business, if any.
C. Grantee, to
the
best of its
knowledge, is not
a potentially responsible
party with respect
to
any other
facility receiving
waste of the Grantee
(whether or not from
the.
Easement Premises) under
CERCLA or under any
statute providing ,
for
financial
responsibility of
private parties for
cleanup or other actions
with respect
to the release or
threatened release of any
Hazardous Materials.
- 17 -
D. Grantee will take all reasonable steps to prevent a violation of any •
Environmental Laws. There will be no spill, discharge, leaks, emission,
injection, escape, dumping, or release of any toxic or Hazardous Materials by
any persons on the area to be used and under the Easement Agreement.
E. Grantee will not allow the Installation of asbestos on the area
described in Exhibit A or any item, article, container or electrical equipment,
Including but not limited to transformers, capacitors, circuit breakers,
reclosers, voltage regulators, switches, electro-magnets and cable, containing
PCBs.
F. The aforesaid representations and warranties shall survive the
expiration or termination of the Easement Agreement.
9.07 COVENANTS (ENVIRONMENTAL)
Grantee shall cause its parent company and each of its respective
subsidiaries, contractors, subcontractors, employees and agents to: •
A. (1) Use and operate all of the_ Easement Premises in compli-
ance with all applicable Environmental Laws, keep all material per-
mits, approvals, certificates, and licenses in effect and remain in
material compliance with them;
(2) undertake reasonable and cost-effective measures to mini-
mize any immediate environmental impact of any spill or leak of any
Hazardous Materials;
B.
Notify District
by telephone within two hours of the
release of
Hazardous
Materials, including
the extent to
which the identity of the
Hazardous
Materials
is known, the
quantity thereof and
the cause(s) of the
release, and
provide
District within'
72 hours of the
event, with copies of
all written
notices
by Grantee, its
, parent and its
subsidiaries that are
reported to •
government regulators or
received from the
government regulators.
- 18 -
• C. Provide such information that District may reasonably request
from time to time to determine compliance by the Grantee with this Article.
D. Grantee covenants and agrees to cooperate with District in any
Inspection, assessment, monitoring or remediation instituted by District during
the Easement Agreement.
9.08 COMPLIANCE (ENVIRONMENTAL)
The Grantee
will
cause its
parent company
and each of its subsidiaries, If
any, to exercise
due
diligence
to comply with
all applicable treaties, laws,
rules, regulations,
and
orders of
any government
authority.
A. In the event of a spill, leak or release of hazardous waste carried by
Grantee, its employees or its agents Grantee shall conduct a Phase I
Environmental Assessment, at its own expense, with respect to the Easement
Premises and a reasonable area of the adjacent property owned by the District
Y
• and submit the written report to the District within 90 days after the spill,
leak or discharge. After review of each Phase I Environmental Assessment,
District, at its sole discretion, may require Grantee, at Grantee's expense, to
obtain a Phase 11 Environmental Assessment with respect to the premises used
under the Easement Agreement. The written report of the Phase II
Environmental Assessment shall be submitted to District within 120 days of
District's request for same. If the Phase II Assessment discloses the presence
of any Hazardous Materials contamination on the Easement Premises or
adjacent premises, Grantee shall take immediate action to remediate the
contamination and to restore the Easement Premises described in Exhibit A and
adjacent premises owned by the District to a clean and sanitary condition and to
the extent required by any and all Environmental Laws.
B. Capacitators, transformers, or other environmentally sensitive
installations or improvements shall be removed by Grantee prior to the end of
the Easement Agreement unless directed to the contrary in writing by the
• District.
- 19 -
C. If any Environmental Assessment reveals, or District otherwise
becomes aware of, the existence of any violation of any Environmental Laws that •
either Grantee is unwilling to remediate or that District is unwilling to accept,
District shall have the right and option to terminate this Agreement and to
declare it null and. void,. D. In the event Grantee should receive a Notice of Environmental
Problem, Grantee shall promptly provide a copy to the District, and in no event
later than seventy-two (72) hours from Grantee's and any tenant's receipt or
submission thereof. "Notice of Environmen-tal Problem" shall mean any notice,
letter, citation, order, warning, complaint, inquiry, claim, or demand that:
(i) the Grantee has violated, or is about to violate, any Environmental Laws;
(ii) there has been a release, or there is a threat of release, of Hazardous
Materials, on the Easement Premises, or any improvements thereon; (III) the
Grantee will be liable, in whole or in part, for the costs of cleaning up,
remediating, removing, or responding to a release of Hazardous Materials; (iv)
any part of the Easement Premises or any improvements thereon is subject to a
lien in favor of any governmental entity for any liability, costs, or damages,
under •any Environmental Laws, arising from or costs incurred by such •
government entity- iii response to a release of Hazardous Material, Grantee shall
promptly provide a copy to the District, and in no event later than seventy-two
(72) hours from Grantee's and any tenant's receipt or submission thereof.
E. Not less than one (1) year prior to the expiration of the Easement,
Grantee- shall have caused to be prepared and submitted to the District a written
report of a site assessment in scope, form and substance, and prepared by an
independent, competent and qualified professional and engineer, registered in
the State of Illinois, satisfactory to the District, and dated not more than
eighteen (18) months prior to the expiration of the Easement, showing that:
(1) the Grantee has not caused the Easement Premises and
any improvements thereon to materially deviate from any re-
quirements of the Environmental Laws, including any licenses,
permits or certificates required thereunder; •
20 -
(2) the Grantee has not caused the Easement Premises and
• any improvements thereon to contain: (1) asbestos in any form;
(11) urea formeldehyde; (ill) items, articles, containers, or
equipment which contain fluid containing polychlorinated bi-
phenyls (PCBs); or (lv) underground storage tanks which do
not comply with Environmental Laws;
(3) the engineer has identified, and then describes, any
Hazardous Materials utilized, maintained or conveyed on or
within the property, the exposure -to which is prohibited, limited,
or regulated by any Environmental Laws;
(4) if any Hazardous Materials were utilized, maintained
or conveyed on* the Easement Premises, the engineer has con-
ducted and submitted a Phase II Environmental Assessment of the
Easement Premises, which documents that the Easement Premises
and improvements are free of contamination by Hazardous Materi-
• als;
U
(5) the engineer has identified and then describes, the sub-
ject matter of any past, existing, or threatened investigation,
inquiry, or proceeding concerning environmental matters by any
federal, state, county, regional or .local authority, (the"Authori-
ties"), and describing any submission by Grantee concerning
said environmental matter which has been given or should be given
with regard to the Easement Premises to the Authorities; and
(6) the engineer includes copies of the submissions made
pursuant to the requirements of Title III of the Superfund Amend-
ments and Reauthorization Act of 1986, (SARA) Section 110011
et sea. of Title 42 of the United States Code.
- 21 -
9.09 INSPECTION AND RIGHT OF INSPECTION (ENVIRONMENTAL) `
A. In the event' Grantee gives notice pursuant to the provisions of Notice
of Environmental Problem, within ninety (90) days Grantee shall submit to
District a written report of a site assessment and environmental audit, in
scope, form and substance, and prepared -by an. Independent, competent and
qualified, professional, registered engineer, satisfactory to the District,
showing that the engineer made all appropriate inquiry consistent with good
commercial and customary practice, such that consistent with generally
accepted engineering practice and procedure, no evidence or Indication came to
tight which would suggest there wasa release of substances on the Site or
Property which could necessitate an environmental response action, and which
demonstrates that the Site and Property complies with, and does not deviate
from all applicable environmental statutes, laws, ordinances, rules, and
regulations, including .licenses, permits, or certificates required thereunder,
and that the Grantee is in compliance with, and has not deviated from, the
representations and warranties previously set forth.
B. District hereby expressly reserves to itself, its agents, attorneys, •
employees, consultants, and contractors, an irrevocable license and
authorization to enter upon and inspect the Easement Premises and
improvements thereon, and perform such tests, including without limitation,
subsurface testing, soils, and groundwater testing, and other tests which may
physically invade the Easement Premises or Improvements thereon, as the
District, In its sole discretion, determines is necessary to protect its
interests.
C. Paragraphs 1.04 and 4.03(a) hereof, which have been crossed out
are expressly excluded as operative terms of this permit.
22 -
•
IN WITNESS WHEREOF, on the day and year first above written, the
• parties hereto have caused .these presents, including Riders and Exhibits, if
any, to be duly executed, duly attested and -their corporate seals to be hereunto
affixed.
THE METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
By: ------- ------ -- ------------------
Chairman, Committee on Finance
ATTEST:
-------------------------------
Clerk
CITY OF EVANSTON
By: ----------------------------------------
Its.----------------------------------
ATTEST:
------------- ---------------
Its:
----------------------
23 -
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
1, Theodore Williamson, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that Nancy Drew Sheehan, personally known to me to be the Chairman of
the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation
District of Greater Chicago, a. municipal, corporation, and Mary -C. West, personally known to me
to be the Clerk of said municipal corporation, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, appeared before me this day
in person and severally acknowledged that as such Chairman of the Committee on Finance and
such Clerk, they signed and delivered the said instrument as Chairman of the Committee on
Finance of the Board of Commissioners and Clerk of said municipal corporation, and caused the
corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given
by the Board of Commissioners of said munlcipal corporation, as their free and voluntary act
and as the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of A.D. 1994.
NOTARY PUBLIC
My Commission Expires:
•
9
•
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
1, , a Notary Public in and for said County, In the
State aforesaid, DO HEREBY CERTIFY that , personally
known to me to be the President of
a corporation, and
personally known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that as such
President and such Clerk (Secretary) they signed
and delivered the said instrument as
President and such Clerk (Secretary) of said
corporation and caused the corporate seal of said
corporation to be affixed thereto pursuant to authority given by the Board of
of said corporation, as their free
Ond voluntary act and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of A.D. 19,.
My Commission Expires:
0
-----------------------------
NOTARY PUBLIC
I
Rev. 3/93
EXHIBIT
WRTERWRY STRRTEGY RESOLUTION
•
On March 21, 1.985, the Board of Commissioners of the
Metropolitan Water Reclamation District of Greater Chicago
("District") adopted an Order establishing Generic Criteria for
Implementation of the Waterway Strategy Resolution in connection
with the leasing or long-term permit occupancy of District
waterways lands. R copy of that Order, transmittal letter, and
Waterway Strategy Resolution are attached. Rlso attached is a
copy of Commissioner Troy's Ordinance prohibiting st-0rage of solid
materials in proximity to a waterways bank where there is risk
that the materials will fall into the water.
These Criteria must be addressed and specifically provided for in
connection with each District waterways land lease and permit.
Prospective bidders or permittees are advised that these Criteria
will be imposed as conditions of the occupancy of District land.
0
EX I (3 17 C.
•
•
Tsy:sg
• Xardh 21,' 1485 _
To the Honorable, the President and Members of
the Board of Co= issioners of The Metropolitan
Sanitary District of Greater Chicago --'
Ladies and Gentlemen:
The General Superintendent reports that he is in receipt of a co=unicaticM
frost the Attorney consisting of two (2) pages and attachment, concerning a request
for Order approving Generic Criteria for Implementation of the Uaterti:ay Strategy
Resolution of the Board of C==Issioners of The Metropolitan Sanitary District
of Greater Chicago with respect to Sanitary District Lands which Abut Watel ays
(a copy of which letter is attached hereto and made a part hereof).
The General Superintendent reco—n-mends passage of appropriate orders as
requested in said letter.
Your Corr ittee, having considered the natter, recor-ends passage of the
following orders:
ORDERED: That the Generic Criteria for Imple-nentation of the Vater ay
Strategy Resolution of the Board of Cornissioners of The Metropolitan Sanitary
District of Greater Chicago with respect to Sanitary District lands which abut
waterways, as set forth in the attac%—,.ent to the transmittal letter under this
agen-t iten, be and the sane is hereby authorized and approved; and it is further
07,DERED: That the attached letter be printed in full in the Record -of
Proceedings.
Approved as to Fora S Legality:
Head Assistant Attorney
Attorney
Respectfully submitted,
Joanne H. Alter, Chairman,
Committee on Real Estate.
APPROVED:
Nicholas J. ':elas, President,
Board of Co--issioners of The
Metropolitan Sanitary District
of Greater Chicago.
THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICA00
• �..:� Transmittal Letter For Boar '
d et�I�'Ie ng
•
Y.r. Rai-zond R. Ri: kus
General Superintendent
O F F I C E
February 26, 1985 for the
March 9,1985 Board Meeting
Deferred and Resubmitted for the
March 21, 1985 Board Meeting
ACr\-DA Sl',Yf►,RY: Request for Order Approving Ceneric Criteria for
_ _.. %ple:entation of the Watevway Strategy Resolution
of the Board of Co=issioners of The Metropolitan
Sanitary District of Creater Chicago with respect
to Sanitary District Lands which Abut 'Waterways.
-------------------------------------- ---------
Dear Sir:
Since the &!;,pticn of the Vatervay Strategy Resolution by the Board of
Co—issioners of 74he Metropolitan Sanitary District of Greater Chicago on
February 23, 1984, which Resolution established the policy whereby the
Metropolitan Sanitary District dedicated a portion of its real estate adjacent
to waterways to recreational and aesthetic interests which would be balanced
with the desire to co-=ercially rent and develop said lands, the Chief Engineer,
under the direction of the General Superintendent, has been working to establis
specific criteria for the uniform L:.plet,entation of the Resolution with respect*
to all of tee Sanitary District's waterways lands. This has proved to be a
herculean task.
At the r-ee:ing of the Board of Cozznissioners of The Yetropolitan Sanitary
District of Greater Chicago on February 21, 1985, authority was granted to the
Central Superintendent to develop site -specific criteria for addressing the
Vaterway Strategy Resolution with respect to three particular parcels of
Sanitary District Iand on the Sanitary and Ship Canal due to the fact that
overall criteria for all of the waterzays had not yet teen developed and the
Chief Eng!neer advised against any long -Lena leasing activity until uniform
procedures Lnple7enting the Board's policy as stated in the t:aternay Strategy
Resolution were prepared and presented to the Board of Conr.issioners for its
approval. Under separate agenda ite=s, we are presenting the ratter of the
request to cc-.-.ence statutory procedures for lease of those three specific
parcels previously alluded to, addressing not only the usual matters relating
to leasing but the site -specific Waterway Resolution implementing criteria for
each parcel.
0
Mr. Raymond R. Rimkus � •' March .7, 1985 Eoard Meeting
General Superintendent - Z - Deferred i Resubmitted for the
_ ?larch 21, 1985 Board KeetfU
In thf course of the development of the site -specific criteria for
these parcels, the Chief Engineer reviewed the specific criteria for each
parcel and distilled carte into general criteria for Implementation of the
waterway Strategy Resolution, which, it is felt, addresses most contingencies
to be encountered in connection with leasing or other use of any site along
the District's wa:erways. A copy of those general criteria is attached
hereto. It is believed that the approval. of these criteria by the Board of
Cum=issioners will provide the general guidelines by which the Ceneral
Superintendent may evaluate requests for the leasing of Sanitary District
waterway lands and determine applicants' willingness to comply therewith so
that when any specific parcel is considered for offer for leasing, all or
so=e of these general criteria may be developed and applied as specific
restrictions in connection with the proposed leasing of a parcel developed
to address the gate: -way Strategy Resolution.
Accordingly, it is respectfully requested that the Ceneral Superinten-
dent reco =-_end to the Board of Co=.Issioners that it accept and approve the
attached criteria as being adequate to provide general guidance in addressing
the :•'pact of the Waterway Strategy Resolution with respect to leasing or
development of any parcel of Sanitary District waterways land. Fenceforth,
With respect to each specific leasing activity, site -specific criteria developed
In conformity with these guidelines, will be established by staff and presented
to the Board of Cor=issfoners when approval to co�_,ence statutory leasing
procedures is reeuested with respect to any specific parcel.
Recor=tended:
Ray�.,ond R. Ri:�kus
Ceneral Superintendent
Approved:
Frank E. Dalton
Chief Frgfneer
prer red by:
=ret'.erick M. Foldnan '
head Assistant Attorney
Respectfully submitted,
Allen S. Lavin, Attorney
.
ASL: F`iF. sg
1
s It is the intent of the Sanitary District to have a well -maintained
and attractive river edge on all of the property it owns adjacent to
the inland waterway system. In order to accomplish this goal. the
Sanitary District requires a 60-foot waterway edge easement to be
Included in its land leases. The lessee will be responsible for
bank stabilization and the construction and maintenance of a
landscaped visual screen.
The Sanitary District will allow a 20 percent plus or minus variation
in the 60-foot scenic easement in order to allow for site development
criteria, existing topography, existing vegetation, and the develop —
rent of a "t.atural" river's edge.
The Sanitary District will allow its river edge property to be
utilized by the lessee for the purpose of waterborne commerce.
However, the lessee will be responsible for the construction and
maintenance of a docking facility co.,.patible with the visual intent
of the scenic easement.
The Sanitary District will not allow the permanent storage of
• unsightly r..aterials and/or debris within either the scenic easement
.or the docking area. In addition, the unscreened storage of material
will not be allowed anywhere within the lease.
It is the intent of the Sanitary District to maintain, where possible,
a "natural" appearance to its properties by retaining existing
vegetative cover. However, the Sanitary District recognizes that
site development will sometimes necessitate the removal of existing
vegetative cover. In those cases the Sanitary District will require
the lessee to reestablish vegetative cover in the sane quantities and
qualities as those removed. The reestablished plant materials are to
be considered as an addition to the landscaping required within the
scenic ease-nent.
The Sanitary District, within its leasing procedures, requires that
the lessee comply with local zoning and setback requirements. In
addition, the Sanitary District will reserve the right to retain
access across the leased parcel to obtain access to the water -edged
lands.
0
•
0 R D I F A N C E'
WHEREAS, The Metropolitan Sanitary District of Greater
Chicago Is empowered to prevent pollution of waterways within its
jurisdiction;
i.'HEREAS: The Metropolitan Sanitary District of Greater
Chicago is charged with the duty to study, investigate, and from
time to time determine ways and means for removing from the waters
within such Sanitary District so far as practicable, all pollution,
and to determine methods of abating pollution that is detrimental
to public health or to animals, fish, or aquatic life, or detri-
aental to the practicable use of the waters for the purposes of
recreation, industry, or agriculture;
WHEREAS: In recent years, the introduction of debris into
waterways under the jurisdiction of The Metropolitan Sanitary
District of Greater Chicago from privately -owned lands adjacent to
such waterways, has been experienced with increasing frequency;
NOW, 7Xr-REFORE, BE IT ORDAINED, by the Board of Commissioners
of The Metropolitan Sanitary District of Greater Chicago
ARTICLE I
Section 1) That all persons, whether legal or natural, who
own land adjacent to waterways under the jurisdiction of The Metro-
politan Sanitary District of greater Chicago shall maintain his
property in such a way as to prevent any debris, garbage, wastes, or
other wastes as defined in Ch. 42, Ill. Rev. Stat., Sec. 326bb (1),
. from entering waterways under the jurisdiction of The }fetropolitan
Yetropolitan SanitLzy ristrict of Greater Chicago.
Section 2) Failure of landowners for property adjacent to
waterways under the jurisdiction of The Metropolitan Sanitary Distric
of Greater Chicago to use, operate, or maintain their property as
A.
' set forth In Section I herein, shall be deemed a violation of tbis
Ordinance.
Section 3) When in the opinion of the General Superintendent
of The Metropolitan Sanitary District of Greater Chicago, the land—
owner of property has acted contrary to the terms of this Ordinance,
the General Superintendent, shall, by conference, conciliation, or
persuasion, endeavor to the fullest extent possible to eliminate or
remedy such violation.
If those efforts have been unsuccessful, the General Super—
intendent may order any person who causes or allows actions contrary
to this Ordinance to show cause before the Board of Commissioners of
the Sanitary District why such actions should not be discontinued.
A notice shall be served on the offending party, specifying the time
and place of a hearing to be held by the Board of Commissioners re—
garding the violation, and directing the offending party to show
cause before the Board why an order should not be made directing
the discontinuance of such actions. The notice of the hearing
shall be served personally or by Registered or Certified Mail at
least ten (10) days before the hearing; service may be had on any
agent or officer of a corporation or municipality.
The Board of Commissioners may, itself, conduct the hearing
and take the evidence or may designate any of its members or any
officer or er_ployee of the District:
• (a) to issue in the name of the Board, notices of hearings
requesting the attendance and testimony of witnesses and the
production of evidence relevant tc any ratter involved in any such
hearings;
(b) to take the evidence; and
(c) to transmit a report of the evidence srd hearing, •
Including transcripts and other evidence, together with recom—
mendations to the Board of Commissioners for action thereon.
s At any public hearing, testimony taken before the Board
or any person designated by Its must be under oath and recorded
stenographically. The transcript so recorded, will be made
available to any member of the public or any party to the hearing
upon payment of the usual charges therefor.
After the Board has reviewed the evidence, it may issue
an order to the party responsible for the action directing that
within a specific time period, the discharge be discontinued unless
adequate facilities or devices shall have been installed or existing
adequate facilities or devices are properly operated to prevent
actions contrary to the terms of this Ordinance and any other such
orders as the Board may deers necessary.
• ARTICLE II
Court Proceedings
Section 1) Violation of Order to be Considered Nuisance.
A violation of an Order of the Board of Commissioners shall be con—
sidered a nuisance. If any person maintains or operates his property
so as to be in violation of the order of the Board of Commissioners,
the Sanitary District, acting through the General Superintendent, maq
com—pence as action or proceeding in the Circ,Vi.t Court in 'and for the
cout.ty in which the Sanitary District is located, or operates facili—
ties, for the purpose of having the violation stopped either by aan—
darus or injunction.
Section 2) Penalties
S7hoever fails to comply with any provisions of this Ordinance or
with an Order of the Board of Commissioners issued in pursuance of
this Ordinance, shall be fined not less than $100.00, nor more than
• $1,000.00, for each offense. Each day's continuance of such fail—
ure is a separate cfferse. The penalties so imposed, plus reason—
able attorneys' fees, court costs and other expenses of litigation,
are recoveratle by the Sanitary District upon its suit, as debts
are recoveratle at law. -
Section 3) in
unctive Relief
In addition to the penalties provided in the foregoing Section,
whenever a person violates any provision of this Ordinance or
fails to comply with any Order of the Board of Commissioners.
the Sanitary District acting through the General Superintendent,
may apply to the Circuit Court of Cook County for the issuance
of an injunction restraining the person violating the Ordinance
or failing to comply with the Board Order.
ARTICLE III
Savings Clause
If the provisions of any paragraph, section o•r article
of this Ordinance are declared unconstitutional or invalid by
the final decision of any court of competent jurisdiction, the
provisions of the remaining paragraphs, sections or articles
shall continue in full force and effect. •
ARTICLE IV
Ef`ective Date.
.This comprehensive Amendment shall take effect imnediately
upon passage by the Board of Commissioners.
DATED: THIS 7TH DAY OF FEBRUARY,1985.
Approved as to Form b Legality:
Principal Assistant A orney
Attorney
Respectfully submitted,
RICHARD J. TROY, Vice President
Approved:
NICHOLAS J. ME.LAS, President,
cf Corrnissioners of The Metrop
Sanitary District of Greater C
4. . D
E
I]
APPROVED AS TO FORM AND LEGALITY:
----------------------------------------------------------
Head Assistant Attorney
----------------------------------------------------------
Attorney
APPROVED:
---------------------------------------------------------
Generai Superintendent