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§ 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 lift 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.

"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 (7) 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 (412) feet.

"I" From Lock "C" to Lock "D" (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 in the Desplaines River, which would accrue to and be the property of the State.

"K" From a point at or near Dresden Island, hereinbefore described, 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 feet, with practically vertical walls, the center line of said channel extending for a distance of about 600 feet in a southwesterly direction to at point 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 meridian 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

material excavated from said channel in the first or most easterly 2,000 feet thereof, or so much of same as is situated in said section twenty-four (24), shall be placed or deposited on the northerly side of said channel.

Except as is hereinabove otherwise provided, the center line of said. channel shall be as nearly as practicable the center line of the proposed waterway, as recommended by the United States engineers in their report. and survey of the Illinois River during the year 1902 and 1904, as appears from Sheet No. 52 of said report and survey of the Illinois River now on file in the War Department at the United States Government.

That portion of the channel above described as the first 600 feet thereof, or any other part thereof as may be necessary for the requirements of navigation, may in the discretion of the commission be widened to a width of approximately 150 feet. A suitable guard lock or other safety device shall be installed in said channel. At the westerly or lower end of said channel, at or near its place of junction with the Illinois. River, a lock shall be constructed of not less than 55 feet in width and of not less than 300 feet in length, and of a sufficient depth to maintain not less than 8 feet of water for navigation purposes between upper and lower levels. Said lock to be known as Lock "E." But nothing in this Act contained, nor anything the said commission may do thereunder, shall ever have the effect of, or be construed as creating, recognizing, establishing or enlarging any right, title, interest or claim of any person or corporation whatsoever in and to the said Marseilles Dam or any interest therein, or the right to maintain the same, in or to any water power thereby developed; nor as waiving, restricting, or limiting any right or power of the State of Illinois with respect to said dam or water power, or at any time hereafter preventing or interfering with the State of Illinois in the exercise of any right, power or option it may lawfully have in respect to or concerning the said dam or water power.

"M" Thence the channel of said waterway shall continue in the Illinois River at a depth not less than eight (8) feet and a width of channel of not less than one hundred fifty (150) feet, for a distance of about sixteen (16) miles below Marseilles Dam to a point just above Starved Rock, where a dam and lock shall be constructed; said lock to be designated and known as Lock "F."

"N." At the aforesaid point (described in paragraph "M") above Starved Rock in the Illinois River, there shall be constructed a permanent and substantial dam of concrete of the most modern design and type, at least equal to or better than the design and type of the dam across the Mississippi River at or near the city of Keokuk, Iowa, sufficient to control the water in the pool created by said dam to an elevation of one and one-half (12) feet above previous maximum high water at the highway bridge across the Illinois River at Ottawa. The elevation of the crest of this dam shall not exceed minus one hundred and twenty-one (121) Chicago city datum, and the water in the pool above said dam at the highway bridge at Ottawa shall be so controlled during all except flood stages of water that the elevation of the water at said highway bridge shall not exceed an elevation of minus one hundred and twenty-one (121) Chicago city datum. Whenever the stage of water at the highway bridge in the city of Ottawa shall exceed minus one hundred twenty-one (121) Chicago city datum, the sluice gates shall be immediately opened

and the stage of water shall be maintained at minus one hundred twentyone (121) Chicago city datum, as nearly as possible, and the said gates shall remain open, if necessary, to their full capacity to maintain said water at said stage, and if the excess water, with the sluice gates all open, shall still raise the stage of water above minus one hundred twenty-one (121) Chicago city datum, said sluice gates shall be kept open until the stage of water at said highway bridge shall again reach minus one hundred twenty-one (121) Chicago city datum.

The sluice gates in said dam shall be of capacity at least 30 per cent larger than any flood water flow of record, and shall be so controlled, operated and manipulated that the stage of water at the highway bridge at Ottaawa shall at no time exceed one and one-half (12) feet above the high water heretofore existing at said highway bridge across the Illinois River at Ottawa, Illinois. A lock designated as Lock "F" shall be constructed in connection with this dam; said lock shall have a width of not less than fifty-five (55) feet and a length of not less than three hundred (300) feet. Provision shall also be made at this site for enlarging this lock to a width of not less than eighty (80) feet and a length of not less than six hundred (600) feet, or an additional lock may be constructed not less than eighty (80) feet wide, and not less than six hundred (600) feet in length.

"O." In the construction of said dam at Starved Rock provision shall be made for the development of water power which may be created at this site. This power, as well as other water power created by water passing through said waterway or canal shall be utilized by the State and may be leased and the income therefrom shall be applied to the payment of the interest and principal on bonds issued for the construction of the work named herein.

“P.” The channel of the Illinois River below the aforesaid dam shall be improved so as to secure a depth of not less than eight (8) feet of water, and a width of not less than one hundred fifty (150) feet, to a point at or near Utica.

"Q." The said Illinois Waterway shall be constructed so as to afford for navigation a channel of a depth of approximately, but not less than eight (8) feet throughout its course at all times. Additional depth of the channel as commerce may require, may be hereafter provided for through appropriate legislation, by and with the co-operation of the State and the Federal Government, when a sufficient depth of channel in the lower Illinois River and the Mississippi River shall have been attained or provided for by the Federal Government to warrant the deepening of the channel of the aforesaid Illinois Waterway; it being deemed and hereby declared that the said Illinois Waterway is practical for a general plan and scheme of deep waterway along the route hereinbefore mentioned, and is deemed most advantageous for such plan of deep water

way.

7. Wherever, in the construction, maintenance, use and operation. of any dam, controlling works, embankment, wall, crib or other improvement or structure, any existing drainage or sewer system constructed and maintained by any city, village or incorporated town is destroyed or materially interfered with, then it shall be the duty of the Illinois Waterway Commission to alter, rebuild or reconstruct or otherwise provide for

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