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Home My WebLink AboutORDINANCES-1991-076-O-91I 7/1/91 • 76-0-91 AN ORDINANCE Granting the Metropolitan Water Reclamation District of Greater Chicago Permission to Rehabilitate Evanston Intercepting Sewer 1 (Chicago Avenue) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That subject always to the conditions herein stated the right, and authority be and the same is hereby granted and given to the Metropolitan Water Reclamation District of Greater Chicago (hereinafter referred to as "District"), to rehabilitate Evanston Intercepting Sewer 1, to be rehabilitated in accordance with Contract Documents titled "Evanston Intercepting Sewer 1A, Contract 90- • 048-2S", hereinafter designated as "Sewer", upon, under and through all the streets, highways, public lands, public right-of- way, and public easements of the City of Evanston (hereinafter referred to as "The City") within the territorial limits of The City traversed by the right-of-way of said Sewer as shown on Exhibit 9A attached hereto and made a part hereof, legally described as follows: The right-of-way of Chicago Avenue lying between the North line of Lake Street and the South line of Dempster Street and the right-of-way of Dempster Street lying between the East line of Chicago Avenue and the East right-of-way line of Hinman Avenue in the East 1/2 of the Southwest 1/4 and the West 1/2 of the Southeast 1/4 of Section 18 and the East 1/2 of Northwest 1/4 and the West 1/2 of Northeast 1/4 of Section 19, all being in Township 41 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. 1 • V 76-0-91 • SECTION 2: That the rehabilitation of the Sewer shall be in accordance with plans and specifications prepared by the District. Said plans and specifications shall be submitted to the City Engineer prior to the work commencing for review and comment. SECTION 3: That the rights hereby granted to the District are so granted upon the following conditions: (a) That the District shall, at its own expense, make such changes in the location of the police and fire alarms and street lighting, electric wires of The City as may be rendered necessary by the rehabilitation of the Sewer of the District. (b) That the District shall, at its cost and expense, install all such safety devices and traffic control signals or signs as may become necessary and • required by The City for the public convenience, health and safety as a result of any lane closures routing or rerouting of traffic caused by the rehabilitation contemplated in this Ordinance. (c) That the Sewer of the District shall be rehabilitated and efficiently maintained and operated solely by the District at its sole expense and cost; and The City shall not be held responsible in any manner for the location or manner of rehabilitation or operation of the same. (d) That the District shall indemnify, save, and keep harmless The City from any all claims for damage to real and personal property and injuries to or death suffered by persons from any and all claims of whatsoever kind or nature arising by reason of the rehabilitation by the District of the Sewer within the corporate limits of The City. (e) That the District shall, at its sole cost and expense, restore to their former condition of usefulness the pavements of all streets, public alleys and highways, as well as all other structures, shrubs, trees and sod which may be disturbed or interfered with or damaged by the 2 V 76-0-91 • rehabilitation of the Sewer, as well as all walks, crosswalks, curbs, gutters, catch basins, and ditches as soon as practicable, and shall thereafter maintain such restoration from time to time as my 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 District. (f) That the City does hereby order and direct all persons, partnerships, or corporations which shall at the time of the rehabilitation of the Sewer own, operate, or maintain any conduits, wires, poles, pipes, gas mains, cables, and equipment or other structures within any portion of the streets, public alleys and highways to be excavated in the rehabilitation of the Sewer, at his, its, or their own expense, to make such changes in the location of such conduits, wires, poles, pipes, gas mains, cables, and equipment or other structures as may be rendered necessary by the rehabilitation of the Sewer. (g) That the District and its contractors are hereby given and granted the right to use in the rehabilitation of the Sewer such motor trucks, excavators, hoisting engines, and other equipment as • may be necessary. (h) That the District shall, at its own expense and cost, make such alterations in the location of the watermains of The City may be rendered necessary by the rehabilitation of the Sewer of the 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 rehabilitation of the Sewer of the 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 rehabilitation of the Sewer, the 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 District; provided, however, that all work done on the said water mains and water service pipes shall be subject the approval of The City Engineer. (i) The City in consideration of the passage of this ordinance and the mutual benefits thereby give, grant, and issue without fees or other cost 0 3 76-0-91 V • therefor, to the 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 District or its contractors to deposit any sum of money required under any ordinance of The City for similar work, except if the District or its contractors connects to or modifies the sewers and water mains of The city, then the District or its contractors will be required to be licensed by The City by posting a bond and providing a certificate of insurance. The City shall furnish to the District or any contractors to whom said work or any part thereof shall be awarded, at any existing water connection or hydrant or such suitable water connection as may be installed, all water needed in the performance of said work (provided that the water so furnished will not interfere with the necessary water supply for the City at the then regular rate charged by The City to its consumers, all said water to be used will be measured through meters provided by The City. The City shall not require the payment by the District of any fees or salaries for inspectors employed by The City on said work. • (j) That the District shall notify The City of any interruption in utility services to residents of The City to be caused by the rehabilitation program. Such notice shall be made at least twenty-four hours before the interruption is to occur. In the case of an emergency interruption in utility services caused by the District's rehabilitation process, The City shall be immediately notified of the interruption of services caused by the District's actions. The District shall earnestly endeavor to promptly restore any utility service interrupted by its rehabilitation process. Where the interruption would continue for some period of time, the District shall construct facilities for temporary utility services. The utility services herein included shall comprise those of The City and those furnished by any public utility. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. • 4 v ET`ROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CE ICAG0 AN O N E✓U4--5foanC-e % Norf!/ /ii�e of Lo.-c St GRANTOR(S) A./of f'o NEGOTIATOR Moz DRAWN BY V) `,t c t �- /� Sou fb Ae c��Pm s�erSf. �, %`,�'ec• /,�� /: .'� i E 2 5 q Sec. /8 mil/- /4571 N. /i�KE�2Nw4�rc./9-4/--/4 � �-///ire Wk;liE F, E!zl, fIWJee. /9-4/-///4 !.(/, �✓ c7 � S 7-o r! /i7T i-- r c e�0 7"i h c- •� �; :- r // fo/ios-� by /nve r s i'or� !_i'•�i:� ) PROJECT 90-0�8-25 P C M S No. 76-0-91 SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: 1991 Adopted: L Z , 1991 Approved: 9VI 2,3 , 1991 J Mayor ATTEST: ':) is . De ut ' t Clerk ApCp_oved as t form: -Corpo at'on Counsel 0 5