(A) Subject to the condition herein stated, the perpetual easement, right and authority is hereby granted and given the Metropolitan Water Reclamation District of Greater Chicago, hereafter referred to as the “District”, to construct, reconstruct, repair, maintain and operate the North Avenue Relief Sewer, Upper Des Plaines 10A (82-169-2S), together with the appurtenances thereto, hereinafter designated the “relief sewer”, upon, under and through all the streets, highways, public lands, public rights-of-way and public easements of the village within the territory limits of the village traversed by the right-of-way of the relief sewer.
(B) The location, size and manner of construction on the relief sewer shall be in accordance with plans and specifications prepared by the District, as approved by the village’s engineers.
(C) (1) The District shall, at its own cost and expense, change the location of the police and fire alarms, street lighting and electric wires of the village as may be rendered necessary by the construction of the relief sewer.
(2) The District shall, at its cost and expense, install all safety devices and traffic-control signals as may become necessary and required by the village for the public convenience, health and safety as a result of any routing or rerouting of traffic caused by the construction contemplated in this section.
(3) The relief sewer shall be constructed, reconstructed, repaired and efficiently maintained and operated solely by the District at its sole expense and cost; the village shall not be held responsible in any manner for the location or manner of construction, reconstruction, repair or operation of the same.
(4) The District shall indemnify, save and keep harmless the village from any and all claims for damage to real and personal property and injuries to or death suffered by persons for reasons of the construction, reconstruction, repair, maintenance or operation by the District of the relief sewer within the corporate limits of the village.
(5) The District shall, at its sole cost and expense, restore to their former condition of usefulness the pavements of all streets, public alleys and highways as well as all other structures, shrubs, trees and sod which may be disturbed, interfered with or damaged by the construction, maintenance, repair or operation of the relief sewer as well as all walks, crosswalks, curbs, gutters, catch basins and ditches as soon as practicable and thereafter shall be maintained the restoration from time to time as may be necessary, but not to exceed two years. All surplus excavation and other soil shall be removed from the paved streets, public alleys and highways by the District.
(6) The village hereby orders and directs all persons, partnerships and corporations which shall, at the time of the construction of the relief sewer, 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, public alleys and highways to be excavated in the construction of the relief sewer at his, her, its or their own expense, to make changes in the location of the 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 relief sewer.
(7) The District and its contracts are hereby given and granted the right to use in the construction of the relief sewer the motor trucks, excavators, hoisting engines and other plant equipment that may be necessary for the complete construction of the work.
(8) The District shall, at its own expense and cost, alter the location of the water mains of the village as may be rendered necessary by the construction of the relief sewer of the District. In all such cases, where it shall become and be necessary that water pipes are removed, cut off or damaged in any way on account of the construction of the relief sewer, the District is hereby authorized to remove, alter, repair and replace the water service pipes at its own cost and expense, providing any water service pipes disturbed shall be replaced by the District; provided, all work done on the water mains and water service pipes shall be subject to the approval of the village’s engineers.
(9) The village, in consideration of the passage of this section and the mutual benefits thereby, gives, grants and issues without fees or other cost therefor to the District or to any contractor to whom this work or any part thereof specified in this section shall be awarded, all permits or licenses required for doing the work upon application and shall not require the District or its contractors to deposit any sum of money required under any ordinance of the village for similar work, except for the District or its contractors, connects to or modifies the sewers and water mains of the village, then the District or its contractors will be required to be licensed by the village by posting a bond and providing a certificate of insurance. The village shall furnish the District or any contractors to whom the work or any part thereof shall be awarded, at any existing water connection or hydrant or a suitable water connection as may be installed, all water needed in the performance of the work; provided, the water so furnished will not interfere with the necessary water supply for the village, at the regular rate charged by the village to its consumers, all water to be used will be measured through meters provided by the village, where a deposit will be used toward meters provided by the village, where a deposit will be used toward the cost of water used; and, further, the village shall not require the payment by the District of any fees or salaries for inspectors employed by the village on the work.
(10) The District shall notify the village of any interruption in utility services to residents of the village to be caused by the construction program. The notice shall be made at least 24 hours before the interruption is to occur. In the case of an emergency interruption in utility services caused by the District’s construction process, the village shall be notified immediately of the interruption of services caused by the District’s actions. The District shall earnestly endeavor to promptly restore any utility service interruption by its construction process. Where the interruption would continue for some period of time, the District shall construct facilities for temporary utility services. The utility services herein included shall comprise those of the village and those furnished by any public utility.
(Prior Code, § 51.10) (Ord. 89-6, passed 8-14-1989) Penalty, see § 51.99