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ment of Public Works and Buildings. Provided, however, the use of the Sag channel of the Sanitary District of Chicago shall not be prevented nor shall it be considered an obstruction within the meaning of this section, but the State may require, in the development of its waterways and the use of said Illinois & Michigan canal such changes in the crossing of the Illinois & Michigan canal by said Sag channel as may be necessary for the use of said Illinois & Michigan canal by the State. § 4. The Attorney General of the State of Illinois is hereby authorized and directed to institute in the name of the People and to prosecute whatever suits are necessary to protect and maintain the rights of the State in and to said Illinois & Michigan Canal throughout its entire ninety-six mile course from the south fork of the south branch of the Chicago River to the point at which it connects with the Illinois at LaSalle. § 5. The Department of Public Works and Buildings is authorized, after due notice and hearing, to make whatever orders are necessary to make effective the provisions of this Act. Said hearings shall be conducted and said orders shall be made and enforced in the manner prescribed in the Act entitled, “An Act creating a Rivers and Lakes Commission for the State of Illinois, and defining the duties and powers thereof,” approved June 10, 1911, in force July 1, 1911, and amendments thereto. § 6. All Acts and parts of Acts in conflict herewith are hereby repealed. APPROVED June 17, 1919.
§ 1. Location—name. § 13. Publication notice of letting contracts. § 2. General route — Department of Public Works and Buildings § 14. Contracts — bond — insurance of may change. workmen.
§ 3. Dimensions of channel and locks. § 15. Grants power to stop work on contract when not satisfactory
$ 4. Route deemed most advantage- —may relet contract. Ous. - § 16. Drainage or sewer system to be $ 5. Terms used—how construed. restored if interfered with or destroyed. $ 6. Denartment of Public Works and Buildings to control. $ 17. City councils and village boards —plans and specifications sub$ 7. Defines power of Department of mitted to-siling objections. Public Works and Buildings. - § 18. Concerning Joliet—sanitary Dis$ 8. Eminent domain Act to apply— trict of Chicago to have access additional compensation may to waterway. be awarded. § 19. Concerning Ottawa. $ 9. Attorneys fees to be taxed as costs in certain cases. $ 20. Concerning bridges along route. $ 10. Right of action for damages not $ 21. Leasing of surplus water. smpaired—State not liable. § 22. Rules and regulations to be ob$ 11. May use public property when served by lessee of water deemed necessary. power. $ 12. Procedure in construction. § 23. State liable for certain damages.
$ 24. Claims for damages. § 27. Creates “The Waterway Main- tenance Fund.” $ 25. State liable for injuries or death of employees. § 28. Repeal.
§ 26. Police rules and regulations to be posted and published.
(SENATE BILL No. 252. APPROVED JUNE 17, 1919.)
AN ACT in relation to the construction, operation and maintenance of a deep waterway from the water power plant of the Sanitary District of Chicago at or near Lockport to a point in the Illinois River at or near Utica, and for the development and utilization of the water power thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: A deep waterway shall be constructed from the water power plant of the 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. Such waterway shall be known as “The Illinois Waterway.” § 2. The general route of “The Illinois Waterway” shall be as follows: Commencing at the water power plant of the Sanitary District of Chicago, at or near Lockport, in the township of Lockport, in the County of Will, thence through the tail race of the Sanitary District of Chicago to the junction of such tail race and the Desplaines River, the Desplaines River and Illinois and Michigan Canal through the City of Joliet, the Desplaines River to the Illinois River and the Illinois River to a point therein at or near Utica. If, in the judgment of the Department of Public Works and Buildings, the utilization of sections of the Illinois and Desplaines rivers is not practicable or feasible, then the general route above described may be deviated from in such sections and in lieu thereof the Illinois and Michigan Canal may be used and improved, or channels outside of such rivers may be constructed. § 3. The channel of the Illinois Waterway, where practicable, shall be not less than one hundred and fifty feet bottom width. The minimum depth of channel in the earth sections shall be not less than eight feet and in the rock sections not less than ten feet. The minimum depth over mitre sills of the locks shall be not less than fourteen feet. The minimum width of locks shall be not less than one hundred and ten feet and the minimum length shall be not less than six hundred feet usuable length. § 4. The General Assembly hereby declares and finds that “The Illinois Waterway” along the route herein defined, with the minimum width and depth of channel herein prescribed, is practicable for a general plan and scheme of a deep waterway and is deemed most advantageous for such plan of deep waterway. § 5. The terms used in this Act shall be construed as follows: (a) The term “waterway” shall refer to “The Illinois Waterway;”
(b) The term “appurtenances” when used with reference to or in connection with the term “The Illinois Waterway,” or in connection with the term “waterway,” shall comprehend all dams, locks (including the lock connecting the Sanitary District Channel with “The Illinois Waterway),” power plants, docks, dry docks, terminals, landings, walls, dykes, embankments, basins, pools, laterals, buildings, structures or appliances necessary, convenient or incident to the construction, operation or maintenance of “The Illinois Waterway.” § 6. The construction, maintenance, control and operation of “The Illinois Waterway” and its appurtenances shall devolve upon the Department of Public Works and Buildings. § 7. Subject to the conditions and limitations prescribed by this Act, and subject to any conditions and limitations which the Federal government or the officers thereof may lawfully impose, the Department of Public Works and Buildings shall have power: (1) To prepare plans and specifications for the construction of “The Illinois Waterway” and its appurtenances; (2) To construct, control, manage, maintain and operate such waterway and its appurtenances; (3) To use or to lease, in whole or in part, the surplus waters of such waterway or the power developed therefrom ; (4) To construct, maintain and operate power plants, structures, buildings and appliances relative thereto for the utilization of the surplus waters arising from the construction, maintenance or operation of the waterway, and to lease, sell or otherwise dispose of the whole or any part of the electrical current or energy thereby generated; (5) To establish and collect reasonable rates of toll for the passage through and the use of such waterway, dams, locks and other appurtenances within the limits of the State, but such waterway and its appurtenances shall be free for the transportation of any property of the United States or persons in the service thereof passing through the same; (6) To prescribe reasonable rules and regulations in respect to all matters connected with the navigation and use of such waterway and its appurtenances; (7) To acquire by donation, purchase, contract or exchange any property, real or personal, necessary or incident to the construction, maintenance, equipment, operation or repair of the waterway and its appurtenances; (8) To acquire by condemnation under the eminent domain laws of this State all property necessary to be taken or damaged for the construction, maintenance, operation or repair of such waterway and its appurtenances; (9) To enter upon and use any lands, waters, streams and materials of any description, necessary for the prosecution of the works contemplated by this Act; (10) To repair, replace or reconstruct any and all public bridges along the line of such waterway in order to provide safe and suitable navigation along such waterway, and to require the removal or alteration of bridges owned, controlled or operated by private corporations or persons which hinder or obstruct navigation; (11) To exercise, during the construction of such waterway, police jurisdiction over such waterway and its appurtenances throughout its entire extent and within a distance of one mile on either side thereof outside the limits of cities and villages, and to prescribe reasonable police rules and regulations for the preservation of the public peace, the protection of property and the conservation of health; (12) To prescribe and enforce, during the construction of such waterway, sanitary regulations for all camps, boarding and rooming houses and dwellings where employees of the department or of the contractors on such waterway and its appurtances are domiciled; (13) To sell and dispose of any machinery, tools, fixtures, stone, debris, material or personal property unnecessary for the proper management, construction, repair or use of the waterway or its appurtenances; (14) To sell or to lease, from time to time, any of the lands or lots acquired for use in the construction of such waterway, or in the development of power incident thereto and no longer needed for the maintenance, use and operation of such waterway or water power; (15) To employ, without reference to the State civil service act, as many engineers, draftsmen, surveyors, agents, clerks, superinteding or expert help, laborers and other persons as may be necessarry to the designing and construction of the waterway and its appurtenances; (16) To make application to the Federal Government for all necessary permits; (17) To make all contracts and to do all acts necessary to carry into effect the powers herein granted. § 8. Before the Department of Public Works and Buildings shall enter upon, take or damage private or public property for the construction, maintenance, enlargement or extension of the waterway or its appurtenances it shall make just compensation therefor. If such just compensation cannot be agreed upon between the Department of Public Works and Buildings and the owner of such private or public property, it shall be ascertained, determined and found in the manner provided by the eminent domain laws of this State. When the amount of compensation has been ascertained, determined and found in the manner provided by the eminent domain Act, or by any other law, the Department of Public Works and Buildings, upon payment of the amount of the judgment of the court, and such further amount, if any, as may be ordered by the court to cover any additional compensation that may be awarded on appeal or on a re-trial, into the county treasury for the use of the defendant or defendants as their respective rights and interests may appear and costs of suit, may enter upon, take possession of and damage the private property described in the petition. § 9. If it appears to the court on a motion to tax costs in any eminent domain proceeding brought under the provisions of this Act that the amount awarded to the defendant for private property taken or damaged exceeds the amount offered by the Department of Public Works and Buildings before the institution of eminent domain proceed
ings for such private property and for damages, then the court shall tax as costs of suit a reasonable attorney’s fee for the defendant. $10. Nothing in this Act shall be construed to affect or impair the right of action which any person or corporation may have against the Sanitary District of Chicago for damages to property, nor shall any damages caused by the Sanitary District of Chicago be compensated by the State. § 11. When, in the judgment of the Department of Public Works and Buildings, it shall be necessary for the economical and successful construction, maintenance and operation of such waterways and its appurtances, to enter upon and use any public property or property held for public use, such department shall have the right so to do, and to enter upon, occupy, use, widen, deepen and improve such waterway or any public works connected therewith, but the public use of such property shall not be unnecessarily interfered with. The property mentioned in this section shall include only such property or interests in property which the State has lawful power to appropriate to the use of such waterway and its appurtenances without making compensation therefor. § 12. In the construction of such waterway, its appurtenances and appliances, the Department of Public Works and Buildings may, in its judgment and discretion, proceed in either of the following ways: (1) It may let the same or any part or portion thereof to the lowest responsible bidder; or > (2) It may do the same or any part or portion thereof, by the direct employment of services, labor, materials and equipment, and may procure and employ for such purpose the necessary superintendents, agents, office force, laborers, workmen, implements, tools, machinery and all other employees, equipment and services necessary or incidental to such construction. § 13. Before any contract entailing the expenditure of five thousand dollars or more is entered into, public notice shall be given of the time and place at which proposals shall be received for entering into contracts, which notices shall be previously published for at least once a week for four weeks in two daily newspapers printed in the City of Chicago, in two engineering and contracting journals of general circulation in the United States, and in such other publication as may be deemed proper. § 14. In the letting of contracts for the construction of such waterway, its appurtenances and appliances, or any part or parts thereof, the Department of Public Works and Buildings shall, as a condition for the acceptance of any bid, exact a bond payable to the People of the State of Illinois, with security to be approved by the department, conditioned for the faithful performance of the contract in accordance with its terms and conditions. As a further condition precedent to the acceptance of such bid, the department shall require that the contractor shall adequately insure all his workmen and other employees against risk of all injury or death arising out of and in the course of such employment. The compensation for either injury or death shall be paid according to the provisions of an Act entitled, “An Act to promote the general