1967-07-24 - Ordinance 1967-022 - PROVIDING FOR A SANITARY SEWER SYSTEM AND TREATMENT PLANT FOR SEWERAGE FOR SANITARY PURPOSES, GRANTING TO BUFFALO UTILITY COMPANY THE RIGHT AND PRIVILEGE TO CONSTRUCT, OPERATE AND MAINTAIN...ORD INANCE NO. O-67-22
AN ORDINANCE providing for a sanitary Sewer system and
treatment plant for sewerage for Sanitary purposes,
granting to Buffalo Utility Company; its successors
and assigns, the privilege and franchise to construct,
operate and maintain a treatment plarif and sanitary sewer
system for sanitary purposes in a certain area in the
Village of Buffalo crove, I11inois, and granting to the
said Buffalo Utillty Company the right and priviJ-ege to
construct, operate and maintain sewer mains, sewer pipes,
laterals, connectj.ons, manholes, and other structures, appliances
and devices in and upon the streets, avenues, alIeys, side-
waIks, bridges and public arounds in said area in the Village
of Buffalo Grove for the treatment, collection and disposal
of sewerage for sanitary purposes in the said area in the
Village of Buffalo crove, Illinois
BE IT ORDAINED by the President and Board of Trustees of
t}re Village of Buffalo Grove, Illinois:
Section 1. Ttrat there is hereby granted to Buffalo
Utility Company, an Illinois corporation (hereinafter sometimes
referred to as "Corporation"), and its successors and assj-gns, from
the date thj-s ordinance takes effect until December 31, 1987, the
franchise, right and privilege of supplying the area described in
Exhibit A attached hereto located in the Village of Buffalo crove
(hereinafter sometj-mes referred to as "Vi11age"), in which the
Corporation is authorized to render servi.ce by certificate of con-
venrenc e and necessity issued by the tllinois Comerce Commission
and ttre inhabitants of said area (witl: sanitary sewerage treatment
and disposal serv].c e for private and public use), together wi th the
right to use tJle streets, avenues, al1eys, sidewalks, public grounds
and bridges j-n the franchise territory for placi.ng, maintaining,
taking up and repairing sewer mains, sewer pipes, 1atera1s, manholes,
connections and other structures, appliances and devices for the
treatment, collection and disposal of sanitary sewerage in said
franchise area.
Section 2. llhat t}le said Corporation sha11 have, during
tJre continuance of this grant or any extension thereof, the right to
use any streets, avenues, al1eys, bridges, sidewalks or other public
grounds in the said area for the sewer mains, sewer pipes, laterals,
manhoJ-es, connections and other structures, appliances and devices
for the collection and disposal- of sanitary sewerage of the said area
and its inhabitants. AJ.l placing of facilities and alL \^rork done by
said Corporation in laying down sewer mains, sewer pipes, Iaterals,
manholes, connections, and other structures, appliances and devices and
all repairing, replacing and removing of such sewer mains, sewer pipes,
1atera1s, rnantroles, connections or other structures, appliances and
devices shal-1 be done in accordance with the provisions of any and all
general ordinances of said Vi11age. In case said Corporation re-
fuses or neglects to repair any such street, avenue, all-ey, sidewalk,
bridge or other public ground within a reasonable time after said
work is completed and notice in writing of such refusal- or neglect
sha1l have been given by said Village to said Corporation, the Board
of Trustees of said ViJ.lage may direct the necessary repairs ttrereof
to be made at the, expense of said Corporation and said Corporation
shall- be responsible for all damages sustained by any person or per-
sons by reason d such refusal or neglect on the part of said Corporation.
Section 3. lltrat there shaI1 be no unnecessary or un-
reasonable obstruction of the streets, avenues, alleys, sidewalks,
bridges or public grounds of the said Village by the said Corpora-
tion in constructing the said treatment plant and sanitary sewer
system or in placing, replacing, taking up or repairing any
-2-
sewer
mains, sewer pipes, laterals, manholes, connections or other
structures, appliances and devices for the treatment and disposal
of sanitary selrerage, and the said Coxporation shall restore all
paved or unpaved streets, avenues, alleys and public Arounds and
all bridges and sidewalks as soon as reasonably possible and as
nearly as practicable to their former condition and shall hold
the said Village free and harmless from any and all claims, de-
mands, actions or causes of action arising from the placing, re-
placing, taking up or repairing of such sewer mains, sei\ter piPes,
latera1s, manholes, connections or other structures, appliances
or devices or from any cause or thing vrhatsoever arisj-ng out of
or by reason of the occupancy or use of the streets, avenues,
alleys, sidewalks, bridges or public arounds of said Village by
said corporation, including any expenses and attorneys' fees,
incurred by said village in defending itself against any such
claims, demands, actions or causes of action. When making street
excavations for the aforesaid PurPoses upon denand furnish in-
demnity bond, the said Corporation shall erect barricades at the
end of aII excavations and at all street crossings'
Section 4. lltrat if the saicl corporation shall desire
to lay sewer mains, sewer pipes or laterals in a street, the
grade of which has not been established, it shall be the duty of
said Village to establish said grade. All sewer mains, sewer
pipes and laterals laid in and upon said streets, avenues, alleys,
sidewalks, bridges and public arounds shall conform to the grade
established by said village so that on the completion of said work
no obstruction of sewer prains, se\iter pipes, laterals or other
material shal1 prevent the free use of any such street, avenue, alIey,
sidewalk, briilge or public ground. In any case where said Village
sha1l rnake or cause to be matle any street improvements, including
-3-
surfacing, resurfacing or widening of streets, resulting in any
change in t]le street grade, t]le said corporation agrees to include
in the cost of such improvements and to pay all necessary costs of
raising se\^ter mains, sehrer pipes, latera1s, madhole covers, and other
changes necessary to the maintenance of the sanitary sewerage collection
and disposal service.
Section 5. trtrat in t}e operation of said treat$ent Plant
and sewerage disposal system the Corporation shall- use machinery,
structures and appliances of such character and caPacity as will fur-
nish satisfactory treatrent and disposal servj.ce (excepting during
periods of unusual and unavoidable casual-ties) for private and public
use, and shalI use every reasonable means to keep the same in as
good operating condition as possib1e. In tJle construction, installation
and operation of any treatment plant and the sewerage disposal system,
the Corporation shall obtain from the Sanitary Water Board of the
State of tllinois (or any other authorized agency or instrumental-ity
of the State of lllinois) such permits or authorizations as may now
or hereafter be required by law.
Section 6. lltrat the said Corporation shal1 not be re-
quired to furnish customers with sewer service when all proper bills
for water and,/or sewer service used by such customers have not been
paid, particularly in the case of customers who have become delin-
quent in their water atd/or sewer bills and are sti1l occupying or
residing on the premises for which said delinquent bil-ls for water
and/or sewer service ?rave not been paid.
-4-
Section 7.Fhat during the term of this ordinance no
charge sha1l be made by the Village to the Corporation for any
permit or privilege to excavate in the streets, avenues, a11eys,
sidewalks or public grounds of the franchise area in the Village
for the purpose of constructing or installi.ng sewer mains, sewer
pipes, laterals, manholes or other structures, devices and appur-
tenances or for otherwise carrying out the provisions of this
ordinance.
Section 8. Tlhat said corporation is to furnish sewer
to aII public facilities free of charge.
Section 9. Trhat if any section or portion of any
section of this ordinance sha1l hereafter be declared or d.eter-
mined by any court of competent authority to be invalid, the Cor-
poration at its election (to be given to the Village by notice in
writing within thirty (30) days after any such declaration or
determination) may ratify or confirm the remaj-ning portions of
this ordinance and upon such ratification or confirmation the re-
rnaining portions of this ordinance shall remain in fulI force and
effect.
Section 10.ltlat the Corporation shaIl, within sixty
(60) ilays after the passage of this ordinance, file with the Village
Clerk of the Village of Buffalo Grove its accePtance signed by its
President or Vice President of the terms and conditions of this
ordinance, and after the filing of such acceptance this ordinance
sha1l constitute a contract between the parties hereto and, subject
to the rights and po$rers vested in the lllinois commerce Corunission
or such other regulatory body of the State of Illinois as may here-
after succeed to the rights and poters of the lllinois cormnerce
Cormnission or as may exercise statutory jurisdiction of ser.rer com-
panies furnishing sanitary sewer service in the state of Illinois,
-5-
shall be the measure of the rights, power, obligations, privileges
and liabilities of said ViJ-Iage and of said Corporation.
Section 11. llhat this ordinance sha1I, to the extent
now or hereafter permitted by the statutes or 1aw of the State of
Illinois, inure to the benefit of and be binding up any city,
village or other municipal corporation to which ftre Village of
Buffalo Grove may hereafter be attached or annexed or into which
it may be incorporated and any agency, instrumental-ity or political,
subdivision of the State of Il1j.nois which may be authorized or
empowered to furnish sanitary sewer service within the franchise
territory, and sha1l also inure to the benefit of and be ginding
upon the successors and assigns of the Corporation.
Seciion 12. lfhis franchise is specifically limited
to the franchise area as set forth in exhibit "A".
Section 13. Trhat this ordinance shall be in fuII force
and effect immediately upon its adoption and publication according
to law.
AYES 4
ca.
Vil l age erk
NAYS 2
Passed this 24th day of Ju1y, 1967
APPROVED:
lage P ent
ATTEST:
Published this . - day of
ORDINANCE NO. 0 -67 -22
AN ORDINANCE providing for a sanitary Sewer system and
treatment plant for sewerage for Sanitary purposes,
granting to Buffalo Utility Company; its successors
and assigns, the privilege and.franchise to construct,
operate and maintain a treatment plan'tand sanitary sewer
system for sanitary purposes in a certain area in the
Village of Buffalo Grove, Illinois, and granting to the
said Buffalo Utility Company the right and privilege to
construct, operate and maintain sewer mains, sewer pipes,
laterals, connections, manholes, and other structures, appliances
and devices in and upon the streets, avenues, alleys,;side
walks, bridges and public grounds in said area in the Village
of Buffalo Grove for the treatment, collection and disposal
of sewerage for sanitary purposes in the said area in the
Village of Buffalo Grove, Illinois
BE IT ORDAINED by the President and Board of Trustees of
the Village of Buffalo Grove, Illinois:
Section 1. That there is hereby granted to Buffalo
Utility Company, an Illinois corporation (hereinafter sometimes
referred to as "Corporation "), and its successors and assigns, from
the date this ordinance takes effect until December 31, 1987, the
franchise, right and privilege of supplying the area described in
Exhibit A attached hereto located in the Village of Buffalo Grove
(hereinafter sometimes referred to as "Village "), in which the
Corporation is authorized to render service by certificate of con-
venience and necessity issued by the Illinois Commerce Commission
and'the inhabitants of said area (with sanitary sewerage treatment
and disposal service for private and public use), together with the
right to use the streets, avenues, alleys, sidewalks, public grounds
and bridges in the franchise territory for placing, maintaining,
taking up and repairing sewer mains, sewer pipes, laterals, manholes,
connections and other structures, appliances and devices for the
treatment, collection and disposal of sanitary sewerage in said
franchise area.
y"
Section 22.. That the said Corporation shall have, during
the continuance of this grant or any extension thereof, the right to
use any streets, avenues, alleys, bridges, sidewalks or other public
grounds in the said area for the sewer mains, sewer pipes, laterals,
manholes, connections and other structures, appliances and devices
for the collection and disposal of sanitary sewerage of the said area
and.its inhabitants. All placing of facilities and all work done by
said Corporation in laying down sewer mains, sewer pipes, laterals,
manholes, connections, and other structures, appliances and devices and
all repairing, replacing and removing of such sewer mains, sewer pipes,
laterals, manholes, connections or other structures, appliances and
devices shall be done in' accordance - with the provisions of any and all
general ordinances of said Village. In case said Corporation re
fuses or neglects to repair any such street, avenue, alley, sidewalk,
bridge or other public ground within a reasonable time after said
work is completed and notice in writing of such refusal or neglect
shall have been given by said Village to said Corporation, the Board
of Trustees of said Village may direct the necessary repairs thereof
to be made at the_.:expense of said Corporation and said Corporation
shall be responsible for all damages sustained by any person or per-
sons by reasoncf such refusal or neglect on the part of said Corporation.
Section 3. That there shall be no unnecessary or un-
reasonable obstruction of the streets, avenues, alleys, sidewalks,
bridges or public grounds of the said Village by the said Corpora-
tion in gonstructing the said treatment plant and sanitary sewer
system or in placing, replacing, taking up or repairing any sewer
-2-
mains, sewer pipes, laterals, manholes, connections or other
structures, appliances and devices for the treatment and disposal
of sanitary sewerage, and the said Corporation shall restore all
paved or unpaved streets, avenues, alleys and public grounds and
all bridges and sidewalks as soon as reasonably possible and as
nearly as practicable to their former condition and shall hold
the said Village free and harmless from any and all claims, de-
mands, actions or causes of action arising from the placing, re-
placing, taking up'or repairing of such sewer mains, sewer pipes,
laterals, manholes, connections or other structures, appliances
or devices or from any cause or thing whatsoever arising out of
or by reason of the occupancy or use of the streets, avenues,
alleys, sidewalks, bridge's or public grounds of said Village by
said Corporation, including any expenses and attorneys' fees,
incurred by said Village in defending itself against any such
claims, demands, actions or causes of action. When making street
excavations for the aforesaid purposes upon demand furnish in-
demnity bond, the said Corporation shall erect barricades at the
end of all excavations and at all street crossings.
Section 4. That if the said Corporation shall desire
to day sewer mains, sewer pipes or laterals in a street, the
grade of which has not been established, it shall be the duty of
said Village to establish said grade. All sewer mains, sewer
pipes and laterals laid in and upon said streets, avenues, alleys,
sidewalks, bridges and public grounds shall conform to the grade
established by said Village so that on the completion of said work
no obstruction of sewer mains, sewer pipes, laterals or other
material shall prevent the free use of any such street, avenue, alley,
sidewalk, bridge or public ground. In any case where said Village
shall make or cause to be made any street improvements, including
-3-
surfacing, resurfacingpor widening of streets, resulting in any
change in the street grade, the said Corporation agrees to include
in the cost of such improvements and to pay all necessary costs of
raising sewer mains, sewer pipes, laterals, manhole covers, and other
changes necessary to the maintenance of the sanitary sewerage collection
and disposal service.
Section 5. That in the operation of said treatment plant
and sewerage disposal system the Corporation shall use machinery,
structures and appliances of such character and capacity as will fur-
nish satisfactory treatment and disposal service (excepting during
periods of unusual and unavoidable casualties) for private and public
use, and shall use every reasonable means to.keep the same in as
good operating condition as possible. In the construction, installation
and operation of any treatment plant and the sewerage disposal system,
the Corporation shall obtain from the Sanitary Water Board of the
State of Illinois (or any other authorized agency or instrumentality
of the State of Illinois) such permits or authorizations as may now
or hereafter be required by law.
Section 6. That the said Corporation shall not be re-
quired, to furnish customers with sewer service when all proper bills
for water and /or sewer service used by such customers have'not been
paid, particularly in the case of customers who have become delin-
quent in their water and /or sewer bills and are still occupying or
residing on the premises for which said delinquent bills for water
and /or sewer service have not been paid.
e
-4-
Section 7._ -That during the term of this ordinance no
charge shall be made by the Village to the Corporation for any
permit or privilege to excavate in the streets, avenues, alleys,
sidewalks or public grounds of the franchise area in the Village
for the purpose.of constructing or installing sewer mains, sewer
pipes, laterals, manholes or other structures, devices and appur-
tenances or for otherwise carrying out the 'provisions of this
ordinance.
Section 8. That said Corporation is.to furnish sewer
to all public facilities free of charge.
Section 9. That if any section or portion of any
section of this ordinance shall hereafter be declared or deter-
mined by any court of competent authority to be invalid, the Cor-
poration at its election (to be given to the Village by notice in
writing 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 re-
maining portions of this ordinance shall remain in full force and
effect.
Section 10. That the Corporation shall, within sixty
(60) days after the passage of this ordinance, file with the Village
Clerk of the Village of Buffalo Grove its acceptance signed by its
President or Vice President of the terms and conditions of this
ordinance, and after the filing of such acceptance this ordinance
shall constitute a contract between the parties hereto and, subject
to the rights and powers vested in the Illinois Commerce Commission
or such other regulatory body of the State of Illinois as may here-
after succeed to the rights and powers of the Illinois Commerce
Commission or as may exercise statutory jurisdiction of sewer com-
panies furnishing sanitary sewer service in the State of Illinois,
-5-
shall be the measure of the rights, power, obligations, privileges
and liabilities of said Village and of said Corporation.
Section 11. That this ordinance shall, to the extent
now or hereafter permitted by the statutes or law of the State of
Illinois, inure to the benefit of and be binding up any city,
village or other municipal corporation to which The Village of
Buffalo Grove may hereafter be attached or annexed or into which
it may be incorporated and any agency, instrumentality or political
subdivision of the State of Illinois which may be authorized or
empowered to furnish sanitary sewer service within the franchise
territory, and shall also inure to the benefit of and be ginding
upon the successors and assigns of the Corporation.
Section 12. This franchise is specifically limited
to the franchise area as set forth in exhibit "A ".
Section 13. That this ordinance shall be in full force
and effect immediately upon its adoption and publication according
to law.
AYES 4 NAYS ... _2 .. .
Passed this 24th day of July, 1967
APPROVED:
....
th:lage Pr dent
ATTEST:
Village aferk
Published this day of