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Sanitary District of Chicago, at or near Lockport, in the township of Lockport, in the county of Will, to a point in the Illinois River at or near Utica, in the county of La Salle, and that there shall be erected, equipped and maintained by the State of Illinois, power plants, locks, bridges, dams and appliances sufficient and suitable for the development and utilization of the water power of said waterway or canal, and that the cost of constructing, erecting and equipping the aforesaid public works shall be paid out of the proceeds of bonds of the State of Illinois to be issued and sold as hereinafter provided.
$ 2. The construction, management and operation of said waterway or canal, power plants, locks, bridges, dams and appliances shall be under the control of a board of five (5) commissioners (at least one of whom shall be a civil engineer), to be known as the Illinois Waterway Commission; no more than three (3) of which said commissioners shall belong to or be affiliated with the same political party.
The said commissioners shall be appointed by the Governor, by and with the advice and consent of the Senate. If appointed while the Senate is not in session, their tenure of office shall nevertheless begin from the date of their appointment. The Governor shall each year designate one of said commissioners to be the chairman of said commission.
Of the commissioners first appointed, two shall hold office until the first day of July in the year 1917; two shall hold office until the first day of July in the year 1919, and one shall hold office until the first day of July in the year 1921. The successors in office of the commissioners first appointed as aforesaid, shall also be appointed by the Governor, by and with the advice and consent of the Senate, and each successor in office thus appointed shall hold office for a term of six (6) years from the date of the expiration of the term of his predecessor and until his successor is duly appointed and qualified, except that members who shall be appointed to fill vacancies occurring otherwise than by lapse of time, shall hold office only for the unexpired term of the member in whose place the new member shall be appointed.
The said commission shall adopt an official seal and may authenticate all its official acts with the same.
For all legal purposes the said commissioners shall be deemed officers of the State and all business, contracts, writing and acts shall be done and made and suits prosecuted by them or against them in the name of the Illinois Waterway Commission. Before entering upon the duties of his office, each commissioner shall take and subscribe the following oath :
"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of member of the Illinois Waterway Commission according to the best of my ability; I do further affirm that I do not own land on or adjoining the route of the Illinois Waterway or Canal, and that I am in no manner, either directly or indirectly, interested in any land within five (5) miles of center line of said contemplated waterway or canal which will be directly affected by its construction other than a
common interest as a citizen of this State, and that I will not buy or trade in any land which will be so directly affected on the route or within five (5) miles of center line of the same, during the time that I act as commissioner under this Act.” Each commissioner shall also give an official bond, payable to the People of the State of Illinois, in the sum of fifty thousand (50,000.00) dollars, with at least two sufficient surities, to be approved by the Governor, conditioned for the faithful performance of the duties of his office and for a faithful accounting for moneys entrusted to him. as such commissioner whenever and as often as he shall be lawfully required. Such oath and bond shall be filed in the office of the Secretary of State. § 3. The said commission may by and with the approval of the Governor, appoint a secretary, a chief engineer, an attorney, and such additional accountants, engineers, experts, inspectors and other employees as it may deem necessary to carry out the provisions of this Act and perform the duties and exercise the powers conferred by law upon the commission. The positions of secretary, chief engineer, attorneys, private secretary, and experts temporarily employed shall be exempt from the classified civil service of this State. The commission shall each year select one of their number to act as the treasurer of the commission, and the total bond of the member acting as such treasurer shall be seventy-five thousand ($75,000.00) dollars, or such larger sum as the commission shall fix. The chairman shall be the executive officer of said commission, and shall sign all official documents emanating from or authorized by said commission. All appointees of said commission shall hold their respective employments during the pleasure of the commission and said commission shall prescribe the duties and with the consent of the Governor fix the compensation of all its appointees, agents and employees. Said commission shall have power to pass all ordinances, rules and regulations, which may in the opinion of said commission be necessary for the proper management and conduct of its business and to accomplish the objects for which it is created. All business of said commission shall be transacted at regular meetings of the commission or at meetings held in accordance with its rules. The affirmative vote of at least three (3) members of said commission shall in all cases be necessary to transact business and to authorize the making of any contract or appropriation or expenditure of money. § 4. Each of the aforesaid commissioners shall receive a salary of five thousand ($5,000.00) dollars per year, payable in equal monthly installments, and that one of the said commissioners who shall be designated as chairman of the commission shall, in addition to his annual salary of five thousand ($5,000.00) dollars, as commissioner, receive the further sum of one thousand ($1,000.00) dollars per year, making his salary six thousand ($6,000.00) dollars per year, so long as he shall be chairman of said commission.
§ 5. The secretary shall furnish such bonds as the commission shall prescribe and he shall be the custodian of the records of said commission and shall enter upon a permanent record the official minutes of all meetings of said commission, in which shall be entered all the official acts of said commission and the record of the votes of the several members of the commission upon all ordinances, acts or resolutions authorizing the making of contracts or the expenditure or appropriation of moneys.
The said commission before entering into any contract for the construction of any part of said waterway or canal, or any other of the said public works connected therewith, shall cause to be made plans and specifications for said public works, together with reliable and carefully prepared detailed estimates of the cost of constructing, completing and installing all of said public works. No change of plan which shall materially increase the expense of any such work or create any claim against the State for damage arising therefrom shall be made unless a written statement, setting forth the object of the change and the expense thereof, is submitted to the commission and its assent thereto be obtained at a meeting when at least four members of the commission are present. The commissioners may at any time suspend any contract while the work is in progress if in their judgment the work is not being performed to the best interests of the State, and may complete the same in such manner as will be to the best advantage of the State, and the cost of completing the said contract shall be paid by the bondsman for contractor or by the contractor failing to perform the work.
§ 6. “A.” The route adopted for said waterway or canal shall be through and along the Sanitary District channel or tail race from the water power plant at Lockport, where the existing lock twenty-two (22) feet in width and one hundred thirty (130) feet in length, between the upper and lower gates, shall be reconstructed to a width of not less than fifty-five (55) feet, and in length between the upper and lower gates, not less than three hundred (300) feet, or an additional lock alongside of the existing lock shall be constructed not less than fifty-five (55) feet wide, and not less than three hundred (300) feet long. The existing drop under normal conditions of flow shall be maintained; such lock to connect said Illinois Waterway with the main channel of the Sanitary District of Chicago.
“B.” The channel of the tail race of the Sanitary District of Chicago's power plant from the aforesaid lock to its junction with the upper basin at Joliet, a distance of about two (2) miles, shall be used substantially as it now exists.
“C” From the junction of the aforesaid tail race to the State dam at Jackson Street, Joliet, the basin shall be improved by the removal of existing sediment and obstructions so that a channel of not less than eight (8) feet in depth and two hundred (200) feet in width shall be obtained.
“C-1” Provided, if the Sanitary District of Chicago at any time develops water power in the Desplaines River below Joliet and destroys thereby all or any part of the water power at said Jackson Street dam,
said district shall restore to the State at said point in electrical energy ten thousand horse power now existing at said dam, or as much thereof as shall be destroyed, and the State shall have the rental therefrom. “D’” The existing lock at the lower end of said upper basin and at the entrance to the Illinois and Michigan Canal shall be rebuilt or a new lock constructed to a width of not less than forty-five (45) feet, and in length, of not less than two hundred fifty (250) feet. The list shall remain substantially as at present. This lock shall be designated as Lock “A.” “E” From Lock “A” to Lock “B,” which last mentioned lock is to be constructed immediately north of DuPage River, the channel shall follow and occupy the present Illinois and Michigan Canal, and said canal shall be enlarged so as to obtain a minimum depth of eight (8) feet, and a minimum width of thirty-six (36) feet on the bottom and minimum width of sixty (60) feet at the water line. “F” The said Lock “B” shall have a width of not less than fortyfive (45) feet and a length of not less than two hundred fifty (250) feet, and a lift of about twelve (12) feet. “G” From Lock “B” to Lock “C” (which said Lock “C” is hereinafter provided for) a distance of about fifteen hundred (1500) feet, the channel of the Illinois and Michigan Canal is to be followed and utilized. This section of the channel is to be deepened so as to have a depth of not less than eight (8) feet and a bottom width of not less than thirty-six (36) feet and a water surface width of not less than sixty (60) feet. This is the section of the channel crossing the DuPage River. “H” Lock “C” shall be constructed at or near the present Lock Number Seven (?) of the Illinois and Michigan Canal and shall have a width of not less than forty-five (45) feet and a length of not less than two hundred fifty (250) feet, and a lift of about four and one-half (4%) feet. “I” From Lock “C” to Lock “Do” (which said Lock “D” is hereinafter provided for), a distance of about six (6) miles, the channel shall follow and utilize the channel of said canal, deepened to not less than eight (8) feet. The width of the surface of the water shall be maintained at not less than sixty (60) feet and the width upon the bottom shall be not less than thirty-six (36) feet. “J” At or near a point opposite the upper end of Dresden Island, Lock “D” shall be built connecting the Illinois and Michigan Canal with Illinois River and shall be of the following dimensions: Width of not less than forty-five (45) feet, length not less than two hundred fifty (250) feet. Provided, however, that if the alleged rights now claimed by the Economy Light & Power Company to a dam and water power in the Desplaines River near its junction with the Kankakee River shall be finally declared invalid by any court of competent jurisdiction or shall in any manner be terminated or in any manner acquired by the State so as to permit the use for such waterway of the Desplaines River between Brandon Road and Dresden Heights, then, and in that case, the commission shall, with the written approval of the Governor, change the route of the waterway from a point at or near Brandon Road in the Illinois and Michigan Canal, where a lock not less than forty-five (45) feet wide
and not less than two hundred fifty (250) feet in length shall be constructed, thence a channel constructed not less than thirty-six (36) feet wide on bottom and not less than sixty (60) feet wide at water surface, to a point in the Desplaines River at or near Brandon Road and thence in the Desplaines River to Dresden Heights where the channel shall not be less than eight (8) feet in depth and one hundred fifty (150) feet in width. At or near Dresden Heights a lock and dam shall be constructed of suitable size, that shall conform in dimensions with other locks as provided in the Illinois River as hereinafter mentioned and water power developed as the property of the State of Illinois. No work shall be done toward reconstructing Illinois and Michigan Canal between a point at or about Brandon Road and Dresden Heights prior to April first (1st) nineteen hundred and sixteen (1916); unless, before that time, the alleged rights now claimed by the Economy Light & Power Company to a dam and water power in the Desplaines River near the junction with the Kankakee River shall be finally declared valid by the Supreme Court of the United States. The commission is authorized to collect data—make surveys, maps, etc., for the purpose of estimating and reporting to the Governor and the next General Assembly the cost of developing that part of the Desplaines River between Joliet and Brandon Road, and also the cost of developing power at Brandon Road and probable income from such power developed, with a view at an early date of incorporating the channel of the Desplaines River between the Sanitary District power house at or near Lockport, Ill., and Brandon Road into the Illinois Waterway, and for the purpose of conserving, preserving and developing for the State the water power that can be developed at or near Brandon Road o o Desplaines River, which would accrue to and be the property of the State. “K” From a point at or near Dresden Island, hereinbefore destribed, the waterway shall follow the channel of the Illinois River for a distance of about twenty-four (24) miles, to a point in the Illinois River at Or about the west end of Ballards Island, thence on an angle to a point on south bank about one thousand (1,000) feet east of the south end of dam at Marseilles, Illinois. This channel shall be dredged where necessary so as to secure a minimum depth of eight (8) feet and a width of not less than one hundred fifty (150) feet. “L” From this point in the south bank of the river there shall be Constructed a channel for purposes of navigation only, which shall afford A waterway not less than 8 feet in depth and a width of substantially 100 foot, with practically vertical walls, the center line of said channel extending for a distance of about 600 feet in a southwesterly direction to a Mint not less than 500 feet south of the top of the south bank of said river, and thence in a westerly direction, substantially parallel to the Illinois River, to a point at the south bank of the Illinois River near or opposite Bell’s Island, but the northerly boundary line of the right of way for said channel through section twenty-four (24), township thirtythree (33) north, range four (4) east of the third (3rd) principal meri. dian shall no where be farther north of the center line of said channel than 100 feet nor shall it anywhere approach the top of the south bank of the Illinois River nearer than four hundred and fifty feet. No