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1967-022ORDINANCE 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 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 plant and 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. 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 constructing the said treatment plant and sanitary sewer system or in placing, replacing, taking up or repairing any sewer 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, bridges 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 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 grounds shall conform to the grade established by said Village so that on the completion of said work no obstruction of sewer 2nains, 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, resurfacing or 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. -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: 16111age Pr' dent ATTEST: Village Cylerk 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 plantand 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 r- epairing 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. Section 2 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 reason cE 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 constructing 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, bridges 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. S_ec.tion. 4. That if the said 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 grounds shall conform to the grade established by said Village so that on the completion of said work no obstruction of sewer'p'ains, 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, resurfacing or 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. ME 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 88.. 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 1 aw. AYES 4 NAYS 2 Passed this 24th day of July, 1967 ATTEST: Village Clerk Published this day of