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(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 erpert 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.
S 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:
(i) 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
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 administration thereoi, and 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,” approved June 28, 1913, in force July 1, 1913, and all amendments thereto or revisions thereof. All contractors shall file with the Department of Public Works and Buildings the name of the company or companies furnishing the insurance and the acknowledgement of such company that such insurance has been furnished.
§ 15. If, in the judgment of the Department of Public Works and Buildings, work under any contract is not being performed according to the contract or for the best interests of the State, it shall hare the power to suspend or stop the work under such contract while it is in progress and perform the remaining parts by its own forces. It shall thereupon become its duty to complete the same in such manner as will accord with the contract and specifications and be for the best interests of the State, or the contract may be canceled and readvertised and relet in the manner in which original contracts shall have been let, and any cost in excess of completing the contract beyond the price for which the same was originally awarded shall be charged to and paid by the contractor failing to perform the work.
Every contract shall reserve to the Department of Public Works and Buildings the right to suspend or cancel the contract as above provided, and to complete the same or readvertise and relet the same as the Department of Public Works and Buildings may determine, and shall also reserve to such department the right to enter upon and complete any item of the contract.
$ 16. Wherever in the construction, maintenance, use and operation of such waterway and its appurtenances, any existing drainage or sewer systems constructed or maintained by any city or village, are destroyed or materially interfered with, the Department of Public Works and Buildings shall alter, rebuild or reconstruct or otherwise provide for so much or such parts of such drainage or sewer systems so as to restore the same to as good efficiency as found when the work herein provided for is commenced. In the altering, rebuilding and reconstructing of such drainage and sewer systems, streets, avenues and alleys shall be replaced and restored to as good condition as they were when such work was commenced, such alterations, rebuilding or reconstruction 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, damaged or interfered with.
$ 17. When the plans and specifications for the construction of such waterway and its appurtenances shall have been perfected, such plans and specifications shall be submitted to the city councils and village boards of the respective cities and villages along the line of such waterway before any work of construction is commenced. Within thirty days of the filing of such plans and specifications with the respective city or
village clerks, any such city council or village board may file objections thereto, in writing, with the Department of Public Works and Buildings on the ground that such plans and specifications do not
(a) provide for proper and adequate protection of such city or village against damage from overflow or flood waters; or
(b) do not provide adequately for the altering, rebuilding or reconstructing of drainage or sewer systems or other public works or bridges and approaches, which will be destroyed or materially interfered with by such improvement; or
(c) do not provide for the proper location of public landing places, in case the Department of Public Works and Buildings, shall in its discretion, provide for a public landing in such city or village.
Upon the filing of such objections the Department of Public Works and Buildings shall adjust any differences that may exist. It shall, if such differences cannot be adjusted amicably and to the satisfaction of all parties, review and check such plans and specifications with an engineer selected by the objecting city or village, but compensated by the Department of Public Works and Buildings. If the Department of Public Works and Buildings and the engineer of the objecting city or village cannot agree, then the Department of Public Works and Buildings and such engineer of the objecting city or village shall agree upon a third engineer, who shall be compensated by the State, and such respective engineers shall constitute an arbitration board to consider such plans and specifications and the objections thereto. In case the Department of Public Works and Buildings and the engineer of the objecting city or village cannot agree upon a third engineer, then such third engineer shall be designated and appointed by the resident circuit judge, if there be one, otherwise by the presiding judge of the circuit court of the county within which such objecting city or village is situated. The plans and specifications as approved by a majority of such arbitration board shall be the plans and specifications in accordance with which such work shall be constructed as it affects such city or village. All changes and alterations in plans and specifications shall follow the same course of procedure as the original plans. If no objections are filed with the Department of Public Works and Buildings within thirty days after the filing of such plans and specifications, and alterations therein if any, with the city and village clerks, then the construction work shall be prosecuted in accordance with the plans and specifications, and alterations therein if any, so filed.
The compensation of the engineer employed by the city or village and that of the engineer on the arbitration board shall be fixed by the Department of Public Works and Buildings in advance of employment.
Each city to which plans and specifications are submitted, as aforesaid, shall at all times have the right to inspect and examine the work in such city in order to ascertain if such work is being prosecuted in accordance with the plans and specifications.
$ 18. In the construction of such waterway through the city of Joliet the elevation of the water surface at normal stage shall not be higher at Granite street than minus forty and five tenths (40-5/10)