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Chicago city datum, and in the event that the shoal reach between the upper basin of the Illinois and Michigan ('anal and the crossing of the Elgin, Joliet and Eastern Railway is deepened two feet or more than the elevation of the water surface at normal stage shall not be higher at Granite street than minus forty-one Chicago city datum, and the channel through said city shall not be less than two hundred and seventy feet in width between Spring street on the north and Lafayette street on the south. Any dams constructed in connection with and for the maintenance of this pool of water shall be of such design as to quickly dispose of all flood waters. Adequate intercepting sewers shall be constructed of sufficient size and at such depth as will provide outlets not only for the present sewers that may be interfered with by the construction of such waterway, but also of sufficient size and depth to take care of all the watershed tributary to the Des Plaines River that may be interfered with by changing the water levels through the city of Joliet. The Department of Public Works and Buildings is authorized to utilize such riparian rights of the Sanitary District of Chicago in, through and near the city of Joliet and along the Des Plaines River in the County of Will as, in its judgment, may be found necessary for the construction, maintenance and operation of such waterway, or for the development of water power in connection therewith, and the Department of Public Works and Buildings shall not be required to make compensation to such Sanitary District for the right so utilized, except that the Department of Public Works and Buildings shall reimburse such Sanitary District for any expense to which it may be put as a result of such act of the Department of Public Works and Buildings in the maintenance and operation of such Sanitary District channel. The Sanitary District of Chicago shall not be deprived of access to such waterway over any walls or embankments constructed, or of the enjoyment of dockage rights in connection with any property it has acquired or owns, subject only to the use of such property by the Department of Public Works and Buildings for waterway and power purposes.
$ 19. In the construction of the waterway through the city of Ottawa the elevation of the water level at normal stage in the pool at the LaSalle street highway bridge across the Illinois River at Ottawa shall not exceed the elevation of minus one hundred twenty and one-half feet Chicago city datum. Any dams constructed in connection with and for the maintenance of this pool of water shall be of such design as to quickly dispose of all flood waters.
In the reconstruction of outfall sewers in the City of Ottawa they shall be of adequate size and laid at such depth as shall not interfere with the working efficiency of the present sewerage system and shall also be of such size and depth as will promptly and rapidly permit the discharge of any additional sewage or water that may result or accrue by reason of the construction, maintenance or operation of such waterway. All remedial or preventive construction shall be done as will prevent any and all damage to property of the City of Ottawa, its sewerage system, streets and alleys. The same protective construction herein provided for the City of Ottawa shall apply to all other cities
and villages along the route of the Illinois Waterway not herein otherwise specifically provided for.
In the prosecution of the work west of the City of Ottawa the Department of Public Works and Buildings shall protect, restore or rebuild the road bed of the Chicago, Ottawa and Peoria Railway Company.
§ 20. If, in the construction of “The Illinois Waterway” present public bridges are damaged or materially impaired, the Department of Public Works and Buildings shall repair, replace or reconstruct such public bridges and approaches. The cost of maintaining the roadway and sidewalks of bridges so repaired, replaced or reconstructed shall be borne by the political division or municipality in which such public bridges are situated and all other costs of maintenance and operation of such public bridges shall be borne by the State. All bridges along the route of such waterway shall be controlled by the Department of Public Works and Buildings for the purposes of navigation.
$ 21. Before any lease of surplus waters of such waterway or the power developed therefrom shall be entered into, public notice shall be given of the time and place at which proposals will be received, which notice 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 of the principal engineering and contracting journals of general circulation in the United States, and in such other publications as the Department of Public Works and Buildings may deem proper. The lease, if a satisfactory bid is received, shall be awarded to the highest responsible bidder. The successful bidder shall, before entering upon the performance of such lease, enter into a bond in a penal sum to be fixed by the Department of Public Works and Buildings, payable to the People of the State of Illinois, with sureties to be approved by such Department, conditioned to comply with all the terms of such lease and faithfully to fulfill any such contract. No contract or lease shall be made for a period exceeding thirty years. Any lease of undeveloped power shall provide that all plans, specifications and contracts for the construction and installation of plants and equipment shall first be submitted to and approved by the Department of Public Works and Buildings and such Department shall keep an accurate account of the actual cost of such approved construction and equipment as the work progresses. Any lease for undeveloped power may be made in either of the following manners:
(1) The contract may provide that the lessee shall amortize the cost of his plant and equipment during the term of the lease and shall deliver such plant and equipment, free of cost, to the State at the termination of the lease; or
(2) The contract may provide that the plant and equipment may remain the property of the lessce until the expiration of his lease, or its termination by the State. Said lease shall further provide that the State may purchase such plant and equipment at cost, less depreciation, at either the expiration or termination of the lease.
If the State decides under the second provision not to take over the plant and equipment at the expiration or termination of such lease, a
re-advertisement for bids for use of such surplus waters shall be had in the same manner as provided for in the original letting. In the event that the lessee whose lease has expired or terminated, is not the best bidder or an equal bidder, such lessee shall turn over, transfer and convey to the successful bidder such plant and equipment upon payment by the successful bidder to the lessee whose lease has expired or terminated, of the cost, less depreciation, of such plant and equipment.
The rental specified for surplus waters, waterpower or for electrical energy shall be subject to re-valuation each ten years of the term created.
In determining the depreciation on plants and equipment installed by any lessee and in re-valuing surplus waters, waterpower or electrical energy at each ten year period, the Department of Public Works and Buildings shall appoint one appraiser and the lessee one appraiser and the two appraisers thus appointed shall agree upon a third appraiser. In the event they cannot agree upon a third appraiser, the Chief Justice of the Supreme Court of Illinois shall appoint a third appraiser. The finding of such appraisers shall be binding upon the State and the lessee.
The Public Utilities Commission shall have the power to fix the rate which shall be charged by the lessee or his assigns for any electrical energy developed from such waterpower in the event of a lease for distribution of such electrical energy. The provisions of this section shall not apply to sales for a period of ten years or less when such sales are made direct to consumers or industries of any waterpower or electrical energy developed by the State, but such sales for a period of ten years or less when made direct to consumers or industries may be made by the Department of Public Works and Buildings without advertising.
In awarding contracts for the use of undeveloped or developed power, all other things being equal, preference shall be given to municipalities.
$ 22. The Department of Public Works and Buildings shall maintain such waterway and shall prescribe reasonable rules and regulations in the interest of navigation, which shall be observed by any lessce of water power.
In the use of water power the Department of Public Works and Buildings shall not permit nor allow the stage of water in the pool levels to be lowered nor the currents elsewhere to be increased to an extent to prevent, impede or interfere with navigation.
§ 23. The State shall be liable for all damages to real estate or personal property within or without the radius or zone of the “Illinois Waterway” which shall be overflowed or otherwise damaged by reason of the construction, maintenance or operation of the “Illinois Waterway" and its appurtenances. It shall also be liable for all damages to persons caused by the construction, maintenance or operation of the "Illinois Waterway” and its appurtenances, such damages to persons who are employees to be ascertained, determined and fixed as provided in this Act.
§ 24. All claims for damages to persons (except to employees) and all claims for damages to property, real or personal, shall be ascertained, determined and fixed by the Department of Public Works and Buildings,
and paid out of any moneys which shall from time to time be provided for the payment of such claims.
In case the claimant and the Department of Public Works and Buildings cannot agree on the amount of such damages, the question shall be submitted to arbitration. The claimant shall select one arbitrator and the Department of Public Works and Buildings shall select another. If the arbitrators so selected cannot agree, then the two arbitrators shall select a third arbitrator. In case the two arbitrators cannot agree upon a third arbitrator, then the resident judge, or if there be none, the presiding judge of the Circuit Court of the county wherein the damage arose shall select such third arbitrator. The decision of a majority of such arbitration board shall be binding and conclusive upon the State and the claimarit.
The compensation of the arbitrators shall be fixed by the Department of Public Works and Buildings in advance of appointment and such compensation shall be paid by the State.
All claims for damages to persons or property shall be filed with the Department of Public Works and Buildings within five years after the jury complained of.
S 25. In case the Department of Public Works and Buildings shall construct such waterway or its appurtenances, or any part or parts thereof, by the direct employment of services, labor, materials and equipment, the State shall be liable for accidental injuries or death suffered hy any employee arising out of and in the course of his employment, the amount of such liability to be ascertained by reference to the provisions of the Act commonly called the “Workmen's Compensation Act.” The Court of Claims shall have and exercise jurisdiction over all claims for compensation hereunder and shall make and file its finding and determination in each case.
$ 26. The police rules and regulations prescribed by the Department of Public Works and Buildings shall be posted in at least twentyfive of the most prominent places along the route of such waterway in each county through which such waterway passes. Such rules and regulations shall also, within ten days after they are promulgated, be published at least once in a newspaper in each city or village situated along the route of such waterway, if a newspaper is published in such city or village. No rule or regulation imposing any fine, penalty or forfeiture shall take effect until ten days after it is so posted and published. The certificate of the publisher, with a written or printed copy of such rules and regulations annexed, stating the number of times when the same shall have been published and the dates of the first and last papers containing the same, shall be sufficient evidence of the publication therein set forth. Such rules may be proved by a copy thereof certified by the Department of Public Works and Buildings.
$ 27. The gross or total proceeds, receipts and income arising from the operation, management and maintenance of “The Illinois Waterway" and its appurtenances, including all receipts from the utilization or lease of water power, shall be covered into a special fund in the treasury which shall be known as "The Waterway Maintenance Fund."
§ 28. If any section, subdivision, sentence or clause in this Act shall be held to be invalid, the invalidity thereof shall not affect the remaining parts of this Act.
$ 29. The following Act is hereby repealed: An Act entitled, “An Act to provide for the construction of a deep waterway or canal to be known as the Illinois Waterway, from the water plant of the Sanitary District of Chicago at or near Lockport, in Will County, Illinois, to a point in the Illinois River at or near Utica, in La Salle County, Illinois, to provide for the issuance of bonds to pay for said deep waterway, to provide for the development and utilization of the water power that may be generated from the water flowing through said waterway, to create a commission to be known as the Illinois Waterway Commission, and to make an appropriation to carry out the provisions of this Act,” approved June 18, 1915; in force July 1, 1915.
APPROVED June 17, 1919.
(SENATE BILL NO. 290. APPROVED JUNE 17, 1919.) An Act authorizing the issuance of bonds of the State of Illinois for
the construction of "The Illinois Waterway," including the erection and equipment of power plants, locks, bridges, dams and appliances and providing for the payment thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Governor and Secretary of State are hereby authorized and directed to have prepared and from time to time to execute and deliver to the State Treasurer bonds of the State of Illinois to the amount of twenty million dollars ($20,000,000.00) for the purpose of constructing a deep waterway from the present water power plant of the Sanitary District of Chicago at or near Lockport in the county of Will, to a point in the Illinois River at or near Utica, including the erection and equipment of power plants, locks, bridges, dams and appliances.
§ 2. Said bonds shall be known as Illinois Waterway bonds, shall be of the denomination of one thousand dollars ($1.000.00) each, numbered from 1 to 20,000 both inclusive, be dated the first day of January 1920, and bear interest, evidenced by coupons, at the rate of four (4) per centum per annum, pavable semi-annually, and both principal and interest shall be payable at the office of the State Treasurer. One million dollars ($1,000,000.00) in amount of said bonds shall become due on the first day of January in each of the years 1921 to 1940 beth inclusive:
§ 3. The said bonds and coupons shall be in substantially the following form: