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HomeMy WebLinkAboutORDINANCES-1974-033-O-7433-0-74 AN ORDINANCE Permitting the Metropolitan Sanitary District of Greater Chicago to Con- struct and Operate a Tunnel and Reservoir System Within the City of Evanston BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That subject always.to the conditions herein stated, the perpetual easement, 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 Tunnel andReservoir - Main 0 Stream System - Tunnels and Shafts - Addison Street to Wilmette Contract No. 72-049-2H and Tunnels and Shafts Connecting Structures Addison Street to Wilmette - Contract No. 73-058-2H, together with the 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 City of Evanston, (hereinafter referred to as "The City") within the terri- torial limits of The City traversed by the right-of-way of said System. SECTION 2: That the location, size, and manner of con- struction of the System shall be in accordance with plans and specifications prepared by the Sanitary District, as approved by The City (as shown on exhibit A attached hereto and made a part hereof.) SECTION 3: That the rights hereby granted to the Sanitary District are so granted upon the following conditions: �..R....�_�¢ w.... �`e'.w..v..r...�+..« ._ � _.� � _«. _. .. �. �- ...� ..�_. ..... .�... � .. ....._.-. .P..... �.,.—�., .�.... .v....._,e..�.-,_n�....-..n... .....-^v....— ^w+r.... ....-..�....... .tp_. n.... u.. �_. re, • • • 33-0-74 -2- (a) That the Sanitary District shall, at its own ex- pense, 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 construction 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 City 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 con- structed, reconstructed, repaired, and efficiently main- tained and operated solely by the Sanitary District at its sole expense and cost; and The City shall not be held responsible in any manner for the location or manner of construction, reconstruction, repair, or operation of the same. (d) That the Sanitary District shall indemnify, save, and keep harmless The City from any and all claims for damage to real and personal property and injuries to or death suffered by persons by reason of the construc- tion, reconstruction, repair, maintenance, or operation by the Sanitary District of the System within the cor- porate limits of The City. (e) That the Sanitary District shall, at its sole cost and expense, restore to their former condition of useful- ness 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 construction, maintenance, repair, or operation of the System, as well as all walks, cross- walks, curbs, gutters, catch basins, and ditches as soon as practicable, 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) That The City insofar as it has the legal authority so to do, does hereby order and direct all persons, part- nerships, or corporations which shall at the time of the construction of the System own, operate, or maintain any conduits, wires, poles, pipes, gas mains, cables, electric, steam and street railway tracks and equipment or other structures within any portion of the streets, • • .7 33-0-74 -3- public alleys and highways to be excavated in the con- struction of the System, at his, its, or their own ex- pense, to make such changes in the location of such conduits, wires, poles, .pipes, gas mains and cables, electric, steam and street railway tracks, and equipment: or other structures as may be rendered necessary by the construction of the System. (g) That the Sanitary District and its contractors are hereby given and granted the right to use in the con- struction of the System such motor trucks, excavators, hoisting engines, and other plant and equipment as may be necessary for the complete construction of said work. The use of said equipment shall be in compliance with all ordinances of The City and shall be restricted to those streets and routes as The City of Evanston shall approve. - (h) That the Sanitary District shall, at its own expense and cost, make such alterations in the location of the water mains of The City as may be rendered necessary by the construction of the System of the Sanitary Dis- trict. 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 authori- zed to remove, alter, repair, and replace such water service pipes at its own cost and expense, providing any water service pipes distrubed 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 City of Evanston. (i) That The City, 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 award- ed 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 City for similar work, and shall furnish the Sanitary District or any contractor 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, a 33-0-74 • -4- all said water to be measured through meters furnished by the Sanitary District or its contractors; and fur- ther shall not require the payment by the Sanitary District of any fees.or salaries for inspectors em- ployed by The City on said work. Introduced: Passed: April 1, 1974 April 8, 1974 Approved: Recorded: April R_ 1A71L Vote: Vote: Nays: None Ayes: 13 • Alderman: Alderman: Lange, Kneafsey, Jan, Lytle, Wyandt, Summers, Alexander, Geraghty, Fitzsimons, Brinkman, Winfield, Approved: Pittsford and Hoover. /s I Edgar Vanngman _ ,Tr - Mayor ATTEST: /c/ MAilrl CP T? _ T�vnum Clerk Approved as to form: /s/ Jack M. SieRel Corporation Counsel