« ForrigeFortsett »
so much and such parts of such drainage and sewer systems as to restore the same to as good efficiency as before the passage of this Act. In the altering, rebuilding and reconstructing of such drainage and sewer systems, streets, avenues, alleys and private property shall be replaced and restored to as good a condition as they were before said work was commenced. The work of altering, rebuilding and reconstructing or otherwise providing for such drainage and sewer systems shall be done by the commission under the general supervision of the city council or board of trustees of the city, village or incorporated town affected, and to its reasonable satisfaction, the whole cost thereof to be paid by the Illinois Waterway Commission, and the work to be done and completed prior to the completion of any dam or other work or structure causing such drainage or sewer system to be changed or interfered with.
Modern bridges of adequate size and of suitable design, including all necessary piers, abutments, sub-structures, superstructures and approaches, shall be constructed across the full width of the channel to replace present structures owned by municipalities, townships and counties, wherever changes or rebuilding in said existing bridges shall, in the opinion of the said Illinois Waterway Commission, become necessary, the original cost of the same to be borne by the Illinois Waterway Commission. One-half (1/2) of the cost of maintaining these bridges shall be borne by the municipality, township or county, and one-half (1/2) of such cost shall be borne by the State.
The work of building, constructing and paving approaches, retaining walls, and sidewalks, and other work made necessary by the raising and lengthening of bridge spans as aforesaid, shall be done by the Illinois Waterway Commission, under the supervision of city councils of cities, boards of trustees of villages, or the highway commissioners or other authorities having supervision of roads and bridges in the municipalities affected, and shall be paid for by the Illinois Waterway Commision.
At the city of Ottawa dykes shall be built along the east side of the Fox River and along the north side of the Illinois River commencing at or near a point at the center line of Shabbona Street produced to the Fox River and extending along the banks of the Fox River and Illinois River to a point at or near the intersection of Chester and Canal Streets, and the lowlands back of said dykes shall be filled with sand, earth or other material to an elevation of not less than minus one hundred and seventeen (117) Chicago city datum, all at the cost and expense of the Illinois Waterway Commission. In filling that part of said lowlands lying back of said dykes and lying south of Main Street and west of Division Street, the Illinois Waterway Commission shall fill the same to a depth of 18 inches from the top surface of said fill with good soil suitable for the raising of a good grass sod thereon. It shall also be the duty of the Illinois Waterway Commission to dyke and fill with sand, earth or other material the ravine in said city of Ottawa commonly known as the “West Side Ravine,” from its junction with the Illinois River to a point at or near Ottawa Avenue, the elevation at the top of said dyke and fill to be minus one hundred and ten (110) Chicago city datum, all at the expense of the Illinois Waterway Commission.
All that land lying north and west of Fox River in the city of Ottawa from a point about midway between Madison and Jefferson Streets to a point at or near the aqueduct of the Illinois and Michigan Canal, and all that land lying north of the Illinois River between the Chicago, Burlington and Quincy railroad bridge and Clay Street shall be filled with earth, sand or other suitable material, so that no part of the surface of said land shall have a lower elevation than minus one hundred nineteen (119) Chicago city datum. No filling shall be done north of River Street, west of Ontario Street. It shall be the duty of the city council of the city of Ottawa to procure the consent of the property owners whose lands are to be filled, but in case consent cannot be obtained by said city council, the said lands may be taken or damaged as is in this Act provided. It shall also be the duty of the Illinois Waterway Commission, at its cost and expense, to dyke and fill with sand, earth or other suitable material, to an elevation of minus one hundred and ten (110) Chicago city datum, the following described property now owned by the State of Illinois, to-wit: All that land lying to the west of the Fox River north of the Illinois River, east of LaSalle Street and south of the lateral canal or side cut, situated in the city of Ottawa. Said land above described, excepting that portion thereof which is north of the south lines of blocks twenty (20) and twenty-one (21) of State's addition to the city of Ottawa, shall, when dyked and filled to the elevation aforesaid, be and the same is hereby dedicated to the public as a public landing, subject to any existing rights of any lessee thereof until the expiration of any such lease. If, when said Illinois Waterway Commission is ready to fill said land last above described, there shall be any valid and binding lease of or right to use any part of said land for a tail race, then such tail race shall be enclosed and covered by a suitable structure. The work of building said dykes and of making the fills hereinbefore mentioned in this section shall be begun by said Illinois Waterway Commission immediately after the water is turned in on said dam and shall be completed by said Illinois Waterway Commission within one year from the time said water is first turned in against the said dam. It shall be the duty of the Illinois Waterway Commission to build, construct and maintain, wherever necessary, along the north and south sides of the Illinois River, exclusive of islands, from the dam at or near Starved Rock eastwardly to the city limits of the city of Ottawa, good, substantial and permanent walls or dykes of such character and materials as will prevent seepage from the river to the lands adjoining, the said walls or dykes to have a core of concrete, extending from top of said wall or dyke down to bed rock or hard pan, said core to be in thickness not less than one foot. The center line of said dykes or walls, from a point not more than 1,000 feet east of said dam to be constructed at or near Starved Rock shall not exceed a greater distance than 150 feet back from water line at normal stage of water: Provided, this requirement of proximity of 150 feet to the water shall not have any application to that part of the north bank shore or edge of said river lying or situate between the proposed dam and the commencement or beginning of the high land or elevation to the east thereof constituting the westerly end of Buffalo Rock; along which said stretch of territory said Illinois Waterway Commission shall have the right to construct said walls or dykes as far north from the north edge of the water in said river as may be absolutely necessary in order to create a practical waterway under the provisions of this Act, said dykes or walls, however, in no case or event to be north of, upon, or to interfere with the right of way of the Chicago, Ottawa and Peoria Railway as now existent. It shall be the duty of the Illinois Waterway Commission to build, construct and maintain the dykes or walls herein described, so that, together with the natural banks of said river, impervious to seepage, the elevation of the banks of said river on both sides thereof between the points aforesaid shall in no place be less than an elevation of minus one hundred and five (105) Chicago city datum. It shall also be the duty of the Illinois Waterway Commission to build, construct and maintain, between the points last above named, on both sides of said river, drains, ditches or intercepting sewers of sufficient character and description to dispose of all the water from all creeks, ditches, drains, and all surface water naturally flowing into said river between said points. § 8. When it shall be necessary, in the opinion of said commission, for the economical and successful construction, operation and maintenance of said waterway and other public works herein specified, to enter upon and use any public property, or property held for public use, said commission shall have the power to do so and to enter upon, occupy, use, widen, deepen and improve the waterway, canal, pool or lakes, but the public use thereof shall not be unnecessarily interfered with. The property which the said commission is authorized to enter upon and use under this section includes all property and all interest in property which the State of Illinois has lawful power to appropriate to the use of said waterway or other public works without making compensation therefor. § 9. Whenever the said commission shall pass an ordinance or resolution for the construction of any part of the said waterway or canal, or other public works, or adjacent thereto, the making of which will require that private property should be taken or damaged, such commission shall cause the compensation therefor to be ascertained and paid, and acquire possession thereof in the same manner, as nearly as may be, as is provided for in an Act entitled “An Act to provide for the exercise of the right of eminent domain,” approved April 10, 1872, and the amendments thereto: Provided, that the proceedings to ascertain such compensation shall in all cases be instituted in the county where the property sought to be taken or damaged is situated in the Circuit or County Court of said county. The property which the said commission is authorized to acquire under this section shall include all property and all interest in property which the State of Illinois has not the lawful power to appropriate to the uses of said waterway and other public works without making compensation therefor. The State of Illinois shall be liable for all damages to real estate or other property, which shall be overflowed or otherwise damaged by reason of the construction, enlargement or use of any channel, ditch, drain, outlet, embankment, wall, dam, crib, or other improvement or structure of any kind made under the provisions of this Act; and action to recover such damages may be brought against the said Illinois Waterway Commission in the county where any such real estate or property is situated, or in any county through which said Illinois Waterway extends or in which any part of it shall exist, at the option of the party whose property shall be claimed to have been so damaged; and all suits to recover any such damages shall be begun in the Circuit Court of the county so selected by such party in which to bring the same, and service of summons shall be had in the manner as provided by law for the service of summons at common law upon corporations, by leaving a copy of such summons with any member of the said commission who shall be found in the county where the suit is brought or by leaving a copy thereof at the principal office of said commission and informing the person in charge of said office of the nature thereof; and in case judgment is rendered against the defendant in such action the said judgment shall be held, deemed and considered as a binding and conclusive judgment against the State of Illinois, in all respects and for all purposes; and the same shall be promptly paid in like manner and out of the same funds as other payments are made for the expense and cost of constructing said waterway. Nothing herein contained shall deprive either party to said judgment to right of appeal or writ of error as in other cases. And in case judgment shall be rendered against the defendant for damages as aforesaid, the plaintiff shall also recover his reasonable attorney’s fees to be taxed as costs of such suit: Provided, however, that in order to recover such attorney’s fees it shall appear on the trial that the plaintiff had duly notified the commission in writing, at least sixty (60) days before such suit was commenced, by leaving a copy of such notice with some one of such commissioners, stating in such notice that the plaintiff claims damages to the amount fixed in such notice by reason of the causes which shall in such notice be stated, and that he intends to bring suit for the same: And, provided, further, that in case it shall appear that the said commission did prior to the beginning of such suit, offer the plaintiff in settlement of such damages, an amount which shall be as large or larger than the amount of damages recovered by the plaintiff in such suit, no such attorney’s fees shall be recovered. This section shall extend to and apply to any corporation, municipal or otherwise, which shall be a plaintiff in any such action, as well as to natural persons. § 10. Subject to the limitations contained in this Act, the said commission is hereby authorized to acquire by purchase, all property, real and personal, which in the opinion of said commission is necessary or desirable for the construction, equipment and maintenance of the public works hereinbefore specified, and to appoint and employ all assistants, agents and employees, to enter into all contracts and to do all other acts which in the opinion of said commission may be necessary or desirable for the construction of said waterway and for the erection, equipment and maintenance of said power plants, locks. bridges, dams and appliances and the necessary adjuncts thereto. All contracts for work to be done and material required by said commission under authority of this Act, the expense of which will exceed five hundred (500) dollars, shall be let to the lowest responsible bidder therefor, upon not less than thirty (30) days’ public notice. The terms and conditions upon which said contract shall be let shall be given by publication in three newspapers of general circulation in the State of Illinois printed in the English language and also in two engineering papers for circulation in the United States; and said commission shall have power and authority to reject any and all bids and re-advertise: Provided, however, that said commission shall or may cause any piece or pieces of work to be performed by direct employment of labor without the letting of a contract, which, in the discretion of the commission evidenced by the affirmative vote of not less than three (3) of the commissioners, can be most economically performed by that method; and all labor so employed shall be under the direction of the chief engineer and his properly authorized assistants: And, provided, further, that with the approval of the Governor, machinery for doing said work may be purchased upon a like vote without soliciting competitive bids, where in the judgment of the commission the machinery to be purchased is not subject to competition. The said commission is hereby directed, in letting contracts for the construction of the aforesaid public works, to require of all contractors, as a condition precedent to the acceptance of their bids, that such contractors and their sub-contractors shall adequately insure all workmen and other employees employed by them against risk of all injury or death suffered in the course of their employment. All compensation for either injury or death shall be paid according to a law approved June 28, A. D. 1913, entitled, “An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries, or death, suffered in the course of employment within this State, providing for the enforcement and administering thereof, and a penalty for its violation, and repealing an Act entitled, “An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment.” The commission shall further require all contractors and subcontractors to file with said commission the name of the company or companies furnishing the insurance and the acknowledgment of such company or companies that such insurance has been furnished. In case the State shall undertake the construction of said public works, or any part thereof, by the direct employment of labor, any employee of the State injured in the course of his employment, or in case of his death in consequence of said injury, his dependents shall be relieved and compensated out of the funds under the control of said commission in accordance with the Workmen's Compensation Act heretofore referred to in this section. § 11. Said commission is hereby vested with all police powers necessary to preserve the peace and protect property and preserve health within the territory contiguous to said waterway, within a distance of two (2) miles on either side thereof, but excluding therefrom all territorv within which any incorporated city, town or village is vested by