1967-023............
ORDINANCE No. 0 -67 -23
AN ORDINANCE providing for a supply of water for
domestic, commercial, industrial and public use and
fire protection, granting to Buffalo Utility Company,
its successors and assigns, the privilege and franchise
to construct, operate and maintain a water works and dis-
tribution system for said water supply 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 water pipes, water mains,
appurtenances and connections in and upon the streets,
avenues, alleys, sidewalks, bridges and public grounds
in the said area for the supply of water for domestic,
commercial, .industrial and public use and fire protection.
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 located
in The Village of Buffalo Grove (hereinafter sometimes referred
to as "Village ") described in Exhibit "A° attached hereto and
made a part hereto (hereinafter sometimes called "franchise
territory "), in which area the Corporation is authorized to render
service by certificate of convenience and necessity issued by the
Illinois Commerce Commission and the inhabitants of said area with
water for public and private use to be taken from wells located in
said Village of Buffalo Grove or_.adjacent thereto or from any other
source which will best secure an abundant supply of suitable water
for public and private use and fire protection, together with the
right to use the streets, avenues, alleys, sidewalks, public
grounds and bridges in the franchise territory for placing,main
taining, taking up and ,.repairing mains, pipes, hydrants, and other
structures, appliances and devices for the service of water in
said franchise territory subject to conditions hereinafter set
forth.
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 franchise territory for the water mains,
service pipes, hydrants and other appliances and fixtures for the
conveying of water and distributing the same to the said franchise
territory and the inhabitants thereof. All placing of facilities
and all work done by said Corporation in laying down new mains,
service pipes, hydrants or other appliances and fixtures and all
repairing, replacing - and - removing of water mains, service pipes, hy-
drants or other appliances and fixtures shall be done in accordance
with the provisions of any and all general ordinances of said
Village. In case said Corporation refuses 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 no-
tice in writing of such refusal or neglect shall have been given by
said Village to said Corporation, the Board of Trustees of the
Village may direct the necessary repairs thereof to be made at the
expense of said Corporation and said Corporation shall be respon-
sible for all damages sustained by any person or persons by reason
of such refusal or neglect on the part of said Corporation.
Section 33. 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 Cor-
poration in constructing the said water works and distribution
system or in placing, replacing, taking up or repairing any mains,
service pipes, hydrants or other structures or devices for the
supply of water and the said Corporation shall restore all paved
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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, demands,
actions or causes of action arising from the placing, replacing,
taking up or repairing of such pipes, mains, service pipes, hy-
drants, structures or other 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 ex-
penses 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 pur-
poses upon demand furnish indemnity 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 a main or pipe in a street, the grade of which has not
been established, it shall be the duty of said Village to estab
lish said grade. All mains and pipes 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 pipes or other
materials 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 or side-
walk improvements, the Corporation agrees to pay all necessary
costs of relocating, raising or lowering stop boxes, distribution
mains, hydrant locations and other changes in the water supply
facilities of the Corporation resulting or made necessary by
said street or sidewalk improvements.
Section 5.. That the water supplied by said Corporation
shall conform to the standards for safe drinking water now or
hereafter established by the Department of Public Health of the
State of Illinois or such other department or agency of said
State as shall hereafter have authority to establish such stand-
ards.
Section 6. That the said Village and the Corporation
hereby agree that this ordinance shall be subject to all rules
and regulations approved by the Illinois Commerce Commission or
any other regulatory body having jurisdiction over the Corporation
during the term of this ordinance, and that all of such rules and
regulations which may be hereafter approved by the Illinois
Commerce Commission or such other regulatory body shall be and
become a part of this ordinance to the same extent and with the
same effect as if said rules and regulations were herein set out
in full.
Section 77.. That the said Corporation shall charge
customers for water service furnished to such customers during the
term of existence of the franchise granted by this ordinance in
accordance with the applicable rate-or rates from time to time
lawfully in effect and set forth in the schedule of rates then
on file with the Illinois Commerce Commission or such other regu-
latory body as may then have authority to establish, fix or
o
approve such rate or rates.
Section 8. 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,
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sidewalks or public grounds of the Village in the franchise area
for the purpose of constructing or installing mains, pipes, ser-
vice pipes or other devices and appurtenances or for otherwise
carrying out the provisions of this ordinance. w
Section 9. That the said Corporation is to furnish
water free of charge to the Village for fire protection.
Section 10. That if any section or portion of any
section of this ordinance shall hereafter be declared or determined
by any court of competent authority to be invalid, the Corporation
at its election (to be given to the Village by notice in writing
within thirty (30) days after any such declaration or determina-
tion) may ratify or confirm the :remaining portions of this ordi-
nance and upon such ratification or confirmation the..remaining
portions of this ordinance shall remain in full force and effect.
Section 11. That the Corporation shall, within sixty
(60) days after the passage of this ordinance, file withthe
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 hereafter succeed to the rights and powers of the
Illinois Commerce Commission or as may exercise statutory-juris-
diction of water companies furnishing water service in the State
of Illinois, shall be the measure of the rights, power, obligations,
privileges and liabilities of.said Village and of said Corporation.
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Section 12.� That this ordinance shall, to the extent
now or hereafter permitted by the statutes of law of the State of
Illinois, inure to the benefit of and be binding upon 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 water service within the franchise territory,
and shall also inure to the benefit of and be binding upon the
successors and assigns of the Corporation.
Section 13. This franchise is specifically limited
to the franchise area described in Exhibit "A °.
Section 14. That this ordinance shall be in full force
and effect immediately upon its adoption and publication according
to law.
AYES. 4.... NAYS 3, ...
Passed this 24th day of July, 1967
APPROVED:
PIP
i lage Pre i ent
ATTEST:
Village 'Clerk
Published this day of
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ORDINANCE No. 0 -67 -23
AN ORDINANCE providing for a supply of water for
domestic, commercial, industrial and public use and
fire protection, granting to Buffalo Utility Company,
its successors and assigns, the privilege and franchise
to construct, operate and maintain a water works and dis-
tribution system for said water supply 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 water pipes, water mains,
appurtenances and connections in and upon the streets,
avenues, alleys, sidewalks, bridges and public grounds
in the said area for the supply of water for domestic,
commercial, industrial and public use and fire protection.
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 located
in The Village of Buffalo Grove (hereinafter sometimes referred
to as "Village ") described in Exhibit "A" attached hereto and
made a part hereto (hereinafter sometimes called "franchise
territory "), in which area the Corporation is authorized to render
service by certificate of convenience and necessity issued by the
Illinois Commerce Commission and the inhabitants of said area with
water for public and private use to be taken from wells located in
said Village of Buffalo Grove or adjacent thereto or from any other
source which will best secure an abundant supply of suitable water
for public and private use and fire protection, together with the
right to use the streets, avenues, alleys, sidewalks, public
grounds and bridges in the franchise territory for placing,main-
taining, taking up and repairing mains, pipes, hydrants, and other
%77
MW W
structures, appliances and devices for the service of water in
said franchise territory subject to conditions hereinafter set
forth.
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 franchise territory for the water mains,
service pipes, hydrants and other appliances and fixtures for the
conveying of water and distributing the same to the said franchise
territory and the inhabitants thereof. All placing of facilities
and all work done by said Corporation in laying down new mains,
service pipes, hydrants or other appliances and fixtures and all
repairing, replacing and removing of water mains, service pipes, hy-
drants or other appliances and fixtures shall be done in accordance
with the provisions of any and all general ordinances of said
Village. In case said Corporation refuses 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 no-
tice in writing of such refusal or neglect shall have been given by
said Village to said Corporation, the Board of Trustees of the
Village may direct the necessary repairs thereof to be made at the
expense of said Corporation and said Corporation shall be respon-
sible for all damages sustained by any person or persons by reason
of 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 Cor-
poration in constructing the said water works and distribution
system or in placing, replacing, taking up or repairing any mains,
service pipes, hydrants or other structures or devices for the
supply of water and the said Corporation shall restore all paved
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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, demands,
actions or causes of action arising from the placing, replacing,
taking up or repairing of such pipes, mains, service pipes, hy-
drants, structures or other 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 ex-
penses 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 pur-
poses upon demand furnish indemnity 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 a main or pipe in a street, the grade of which has not
been established, it shall be the duty of said Village to estab-
lish said grade. All mains and pipes 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 pipes or other
materials 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 or side-
walk improvements, the Corporation agrees to pay all necessary
costs of relocating, raising or lowering stop boxes, distribution
mains, hydrant locations and other changes in the water supply
-3-
WW
Wr W
facilities of the Corporation resulting or made necessary by
said street or sidewalk improvements.
Section 5. That the water supplied by said Corporation
shall conform to the standards for safe drinking water now or
hereafter established by the Department of Public Health of the
State of Illinois or such other - d6partment or agency of said
State as shall hereafter have authority to establish such stand-
ards.
Section 66.. That the said Village and the Corporation
hereby agree that this ordinance shall be subject to all rules
and regulations approved by the Illinois Commerce Commission or
any other regulatory body having jurisdiction over the Corporation
during the term of this ordinance, and that all of such rules and
regulations which may be hereafter approved by the Illinois
Commerce Commission or such other regulatory body shall be and
become a part of this ordinance to the same extent and with the
same effect as if said rules and regulations were herein set out
in full.
Section 7. That the said Corporation shall charge
customers for water service furnished to such customers during the
term of existence of the franchise granted by this ordinance in
accordance with the applicable rate or rates from time to time
lawfully in effect and set forth in the schedule of rates then
on file with the Illinois Commerce Commission or such other regu-
latory body as may then have authority to establish, fix or
approve such rate or rates.
Section, 8. 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,
-4-
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sidewalks or public grounds of the Village in the franchise area
for the purpose of constructing or installing mains, pipes, ser-
vice pipes or other devices and appurtenances or for otherwise
carrying out the provisions of this ordinance.
Section 9. That the said Corporation is to furnish
water free of charge to the Village for fire protection.
Section 10. That if any section or portion of any
section of this ordinance shall hereafter be declared or determined
by any court of competent authority to be invalid, the Corporation
at its election (to be given to the Village by notice in writing
within thirty (30) days after any such declaration or determina-
tion) may ratify or confirm the remaining portions of this ordi-
nance and upon such ratification or confirmation the remaining
portions of this ordinance shall remain in full force and effect.
Section 11.. That the Corporation shall, within sixty
(60) days after the passage of this ordinance, file withthe
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 hereafter succeed to the rights and powers of the
Illinois Commerce Commission or as may exercise statutory juris-
diction of water companies furnishing water service in the State
of Illinois, shall be the measure of the rights, power, obligations,
privileges and liabilities of said Village and of said Corporation.
-5-
WW
Section 12. That this ordinance shall, to the extent
now or hereafter permitted by the statutes of law of the State of
Illinois, inure to the benefit of and be binding upon 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 water service within the franchise territory,
and shall also inure to the benefit of and be binding upon the
successors and assigns of the Corporation.
Section 13. This franchise is specifically limited
to the franchise area described in Exhibit "A ".
Section 14. That this ordinance shall be in full force
and effect immediately upon its adoption and publication according
to law.
AYES 4 NAYS 3.._.____
Passed this 24th day of July, 1967
APPROVED.,
ATTEST:
Village Clerk
Published this day of