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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 -2 - 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, -4- 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. -5- 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 WW ,qw MW 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 -2- WW W W 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- WW W - 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