HomeMy WebLinkAboutORDINANCES-2015-092-O-15I
0 7/2/2015
92-0-15
AN ORDINANCE
Granting an Extension of the Electric Ordinance with Commonwealth
Edison Until September 12, 2020
WHEREAS, the City Council of the City of Evanston ("City Council") on
March 4, 1957, did adopt Ordinance 13-0-57, entitled "Electric Ordinance," authorizing
the Commonwealth Edison Company ("ComEd"), then known as the Public Service
Company Division, its successors and assigns, to construct, operate, and maintain an
electric light and power system in and through the City of Evanston, Cook County,
Illinois; and
WHEREAS, said Ordinance granted ComEd the right, permission, and
authority to construct, operate and maintain in and through the City of Evanston for a
term of thirty-five (35) years a system for the production, transmission, distribution and
sale of electricity for lighting, heating, power, and other purposes within and outside the
corporate limits of the municipality, and to construct, operate, and maintain all such
poles, wires, conduits, manholes, vaults, and other apparatus and equipment as may be
necessary or convenient for such a system in, upon, along, over, across, above, and
under each and all of the streets, alleys, avenues, and other public places in the
municipality subject to the conditions and regulations thereinafter set forth; and
WHEREAS, the City Council on September 27, 1993, did adopt Ordinance
105-0-93 entitled "An Ordinance Amending Ordinance No. 13-0-57 Granting Authority
to Commonwealth Edison Company to Construct, Operate and Maintain an Electric and
10 Power System in the City of Evanston," which ordinance extended the term of the
92-0-15
• Electric Ordinance for a period of seven (7) years, from March 5, 1992, to March 5,
1999; and
and
WHEREAS, Section 3 of Ordinance 105-0-93 reads as follows:
Section 3: Unless terminated by the City Council by
ordinance within one hundred eighty days (180) prior to
March 5, 1999, the terms of the authority herein granted
shall be as hereinafter set forth in Exhibit A attached hereto
and incorporated herein by reference.
WHEREAS, the City of Evanston's Energy Commission recommended
that the City Council terminate the authority granted to ComEd in Ordinance 105-0-93
and not become subject to the terms of Exhibit A to Ordinance 105-0-93; and
WHEREAS, the City Council on October 12, 1998, adopted Ordinance 91-
0-98, which: (a) terminated the authority granted to Commonwealth Edison to use the
public ways and other public property in conjunction with its construction, operation, and
maintenance of an electric system in and through the City of Evanston after March 5,
1999; and (b) negated the authority of the enactment of the aforesaid Exhibit A; and
WHEREAS, the City Council on July 12, 1999, did adopt Ordinance
95-0-99, which granted a three (3) year extension of Ordinance 13-0-57 until
July 14, 2002; and
WHEREAS, the City Council on July 14, 2003, did adopt Ordinance
68-0-03, which granted a one (1) year extension of Ordinance 13-0-57 until
July 14, 2004; and
•
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92-0-15
• WHEREAS, the City Council on July 14, 2004, did adopt Ordinance
77-0-04, which granted a three (3) year extension of Ordinance 13-0-57 until
July 14, 2007; and
WHEREAS, the City Council on July 9, 2007, did adopt Ordinance
68-0-07, which granted a three (3) year extension of Ordinance 13-0-57 until
July 14, 2010; and
WHEREAS, the City Council on. August 9, 2010, adopted Ordinance 58-0-
10, which granted a five (5) year extension of Ordinance 13-0-57 until September 12,
2015; and
WHEREAS, ComEd, having notice and being aware of the adoption of
Ordinance 58-0-10 and the September 12, 2015 termination date of the existing
•
authority, requests that the
City extend
the grant
of authority for
five
(5) years
until
September 12, 2020 with an
option for
five (5)
additional years
that
the City
may
is
exercise at its sole discretion; and
WHEREAS, the City Council determined it is in the best interests of the
City to approve such an extension with this Ordinance 92-0-15,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
a part hereof.
SECTION 1: That the foregoing recitals are found as fact and made
SECTION 2: The Electric Ordinance and subsequent extensions of the
authority through several legislative actions, most recently Ordinance 58-0-10, will
expire on September 12, 2015, is hereby extended until September 12, 2020, and all its
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92-0-15
terms of the Electric Ordinance, 13-0-57, and Ordinance 58-0-10, shall remain in full
force and effect until September 12, 2020. The terms contained in Exhibit 1 attached to
Ordinance 58-0-10, supplement the terms contained in Ordinance 13-0-57, which also
remain in full force and effect until September 12, 2020. Ordinances 13-0-57and 58-0-
10 are attached as Exhibit A and incorporated herein by reference. ComEd hereby
accepts the terms of this Ordinance 92-0-15, as memorialized in Exhibit B, attached
hereto and incorporated herein.
SECTION 3: That the City may, until September 12, 2020, exercise its
option to re -extend the grant of authority for an additional five (5) years to September
12, 2025. The decision whether to exercise said option shall be within the City's sole
discretion.
•
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That this ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
Introduced: J�►� �3 2015 Approved:
Adopted: Jam` �� 2015 V1 12015
Attest:
Rod reene,,gity Clerk
17�
i abeth B. Tisdahl, Mayor
Approved as to form:
W. Gran Farrar, Corporation Counsel
• EXHIBIT A
ORDINANCE 13-0-57 AND ORDINANCE 58-0-10
C7
92-0-15
Certificate as Keeper of
Records, Files and Seals
STATE OF ILLINI TOIS )
COUNTY OF COOK )
I, RODNEY GREENE, City Clerk of the City of Evanston in the County of Cook and State aforesaid,
and Keeper of the Records, Files and Seal of said City, do hereby certify that attached hereto is a true
and correct copy of 58-0-10, AN ORDINANCE Granting an Extension, Until September 12, 2015, of the
all of which appear from the records and files in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate sea] of the City of Evanston this
day of tAT 2010
jod'n.y lark
•
7/13/2010
58.0-10
AN ORDINANCE
Granting an Extension, Until September 12, 2015,
of the Electric Ordinance to Commonwealth Edison
WHEREAS, the City Council of the City of Evanston on March 4,
1957, did adopt Ordinance No. 13-0-57 entitled "Electric Ordinance," an
ordinance authorizing Commonwealth Edison Company (Public Service
Company Division), its successors and assigns, to construct, operate, and
maintain an electric light and power system In and through the City of Evanston,
Cook County, Illinois; and
WHEREAS, said Ordinance granted to the Commonwealth iwdison
Company, then known as the Public Service Company Division, the right,
permission, and authority to construct, operate and maintain in and through the
City of Evanston for a term of thirty-five (35) years a system for the production,
transmission, distribution and sale of electricity for lighting, heating, power, and
other purposes within and outside the corporate limits of the municipality, and to
construct, operate, and maintain all such poles, wires, conduits, manholes,
vaults, and other apparatus and equipment as may be necessary or convenient
for such a system In, upon, along, over, across, above, and under each and all of
the streets, alleys, avenues, and other public places in the municipality subject to
the conditions and regulations thereinafter set forth; and
0
E
58-0-10
WHEREAS, the City Council of the City of Evanston on September
27, 1993, did adopt Ordinance 105-0-93 entitled "An Ordinance Amending
Ordinance No, 13-0-57 Granting Authority to Commonwealth Edison Company
to Construct, Operate and Maintain an Electric and Power System in the City of
Evanston," which ordinance extended the term of the "Electric Ordinance" for a
period of seven (7) years, from March 5, 1992, to March 5, 1999; and
WHEREAS, Section, 3 of Ordinance 105-0-93 reads as follows:
Section 3: Unless terminated by the City Council by
ordinance within one hundred eighty days (180) prior
to .March 5, 1999, the terms of the authority herein
granted shall be as hereinafter set forth In Exhibit A
attached hereto and incorporated herein by reference,
• and
WHEREAS, the Energy Commission recommended that the City
Council terminate the authority granted in Ordinance 105-0-93 and not become
subject to the terms of Exhibit A to Ordinance 105-0-93; and
WHEREAS, the City Council on October 12, 1998, did adopt
Ordinance 91-0-98, which Ordinance did: (a) terminate the authority granted to
Commonwealth Edison to use the public ways and other public property in
conjunction with its construction, operation, and maintenance of an electric
system in and through the City of Evanston after March 5, 1999; and (b) negate
the authority of the enactment of the aforesaid Exhibit A; and
WHEREAS, the City Council on February 22, 1999, did adopt
Ordinance 14-0-99, which extended the duration of Ordinance 13-0-57 until
June 3, 1999; and
0
-2—
58-0-10
WHEREAS, the City Council on May 24, 1999, did adopt Ordinance
80-0-99, which extended the duration of Ordinance 13-0-57 until July 15, 1999;
and
WHEREAS, the City Council on July 12, 1999, did adopt Ordinance
95-0-99, which granted a three (3) -year extension of Ordinance 13-0-57 until
July 14, 2002; and
WHEREAS, the City Council on July 8, 2002, did adopt Ordinance
64-0-02, which granted a ninety (90) -day extension of Ordinance 13-0-57 until
October 14, 2002; and
WHEREAS, the City Council on October 14, 2002, did adopt
• Ordinance 98-0-02, which granted a nine (9) -month extension of Ordinance 13-
0-57 until July 14, 2003; and
WHEREAS, the City Council on July 14, 2003, did adopt Ordinance
68-0-03, which granted a one (1) -year extension of Ordinance 13-0-57 until
July 14, 2004; and
WHEREAS, the City Council on July 14, 2004, did adopt Ordinance
77-0-04, which granted a three (3) -year extension of Ordinance 13-0-57 until
July 14, 2007; and
WHEREAS, the City Council on July 9, 2007, did adopt Ordinance
68-0-07, which granted a three (3) -year extension of Ordinance 13-0-57 until
July 14, 2010; and
58-0-10
WHEREAS, the City Council on July 12, 2010, did adopt Ordinance
45-0-10, which granted a sixty (60)-day extension of Ordinance 13-0-57 until
September 12, 2010; and
WHEREAS, the City of Evanston and Commonwealth Edison have
concluded negotiations concerning the possible grant of a new authority to
Commonwealth 'Edison to use the public ways and other public property and
agreed upon additional applicable terms In the event the duration of 13-0-57 is
extended beyond September 12, 2010; and
WHEREAS, Commonwealth Edison, having notice and being
aware of the adoption of 45-0-10 and the September 12, 2010, termination date
• of the existing authority, requests that the City extend the grant of authority for
five (5) years until September 12, 2015 with an option for five (5) additional years
that the City may exercise at its sole discretion; and
WHEREAS, the City Council has determined it is in the best
interests of the City to approve such an extension,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
made a part hereof.
SECTION 2: That the duration of Ordinance 13-0-57, which
terminates on September 12, 2010, is hereby extended until September 12,
2015, and all Its terms shall remain in full force and effect for that period. The
terms contained in Exhibit 1, attached hereto and incorporated herein, shall
• . —4—
0
58-0-10
supplement the terms contained in Ordinance 13-0-57 and be In full force and
effect until September 12, 2015,
SECTION 3: That the City may, until September 12, 2015,
exercise its option to re -extend the grant of authority for an additional five (5)
years to September 12, 2020, The decision whether to exercise said opflon shall
be within the City's sole discretion.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That this ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner provided by
• law. t � t
Introduced: VtX� 2010 Approved:
Adopted: I , 2010 2010
EII eth B. T isdahl, Mayor
Attest: Approved as to form:
IZ17
Rodney G ene, City ClerM W. Grant Farrar, City Attorney
513-0-10
EXHIBIT 1
Projects and Programs in the City of Evanston
•
0 —6-
•
Exhibit A - Projects and Programs to the City of Evanston
:<:,-. �..-.: ,:�,c?Pro eel._. �,,,-"a�....`yi;�.�;.,'-._. �: � �'ar,investi ahon_Resultsand,[i ,Action ^ -,rys - , �� r, ;�.i • ;;Sched le,�„rd „`� ir_„
On a regular basis, ComEd Inspects Its distribution circuits, for broken or damaged
equipment includng, (e.g. transformer--, wires, rightning protection, etc...) At the
Project 1 - Distribution Circuit beginning of the year ComEd will provide a fist ofcircuits to be trimmed and inspected
Inspections & Tree Trimming and any significant items found. ICC Requirement
On a yearly basis, CornEd will provide a report of arty 1 % feeders that serve Evanston.
Astatement of any remedial actions wit be included. (4th Qtr_ calendar year) As
reported to the Ilino is: Commerce Commission, criteria based on frequency and
Project2- 1% Circuit Reporting
duration, plus additional analysis,
Annual
Schedule of Reports: The annual report will be essentially fndentical to the model
Annual Report provided by ComEd with the following addifions. These reports will
include progress on projects and programs identifiedn ExlilbitA, twice a year. Insecta
new section entitled: "Inspection by Feedee'v,hich will Include a list of the feeders in
Semi Armual (October 29,2011), April
Evanston and when they were fast inspected and the next inspecdion cycle. Inserta
74. 2011 Octnbes28,2011, April
new section, under Tree Trimming Report by Feeder, a Fist offeeders in Evanston will
27,2012, October26, 2012, Apra
be added including when they were last trimmed and the next trimming cycle Inserta
26,2013. October 25. 2013, April 25,
new section Skokielrechny Relfablity Report Outage Data provided semi annually_
2014, October 31, 2014, April 24.
Project 3 - RelabiFty Reports
(First 6 months, then hull 12 months.)
2015)
Project 4- Summer Critical
ComEd will provide a list of 'Summer Critical" work for Evanston on an annual basis.
Annual
ComEd will identify any feeders in Evanston that are loaded greater than 90%. Feeder
listwill be provided on an annual basis For the feeders provided, ComEd will provide
Project 5 - Feeder Loading
the actual peak loading loading of -the previous year.
Semi Annual
ComEd Distribution Planning Department Wit meet with Evanston TRG annually to
000rclinate information about expected future major toad additions. ComEd will also
Projea 6 - Distribution Planning
share airy work affecting Evanston in the 5 year Capacity plan on an annual basis.
Semi Annual
ComEd will provide a fist of Substations serving Evanston that are loaded above 90
Substation list will be provided on an annual basis and will include the actual peak
loading of the previous year for those stations along with the design capacity of the
Project 7 - Substation Capacity
station.
Semi Annual
On an annual basis, ComEd will provide the most recent updated map ofai Evanston
feeders and fist the toga number of Evanston customers served on each feeder by
Project8- Feeder Map
Residential and Commerical!Industrial.
Annual
Exhibit 070110 DRAFT 7r2M10
• • •
EWJbltA - Prgects and Programs In the City of Evanston
A'dditigj7 l`P[?i Tatfis a%'3`'v = j4<; t: r ii..: Y>-.''r'` r '_ a:• c; ._ _ ; �u j x,?
-_ •r �::i"y,,,
Ifni'ro4�r�'en�u::,>..,_.c.,,;�K•:_La _ - ���%.�:::,-r��__,;,�....4�. ,_ut �', .�,,, z. :�,i- F'
..P. >>err.:...._•_>..�,r:•4-e[;'(+..—, ,...�::....,-;'�.;...• - 3i�- dr3Fi3): ^or{ ..rdG�'.,c,.lt- — _.�,�,v.
Rules enacted by the Illinois Commerce Commission require Itfumois utilities to report on
certain service standards. Specifically, depending on the voltage level at which the
customer receives service, ComEd and other utilities aitempt to limit the number of
rpntrollable Interruptions and the duration of those interruptions experienced by
customers. Underlhe rules, Illinois utilities must develop processes to identify,
analyze, and correct the service reliability for customers who experience a number or
Program 1 - Customers with
duration of interruptions that exceeds the target numbers- The full text of flhe rules, as
Multiple Outages (Multiple & Long
well as other information relating to service refiabTity, may be found on the Illinois
Duration)
Commerce Comnfissio0's web site htlp://www.iccstate.iLuis
ComEd's Dispatch Center coordinates the efkq is of regional reporting centers, which
are located throughout the service territory,ComEd also continues to rework its
emergeruy restoration program. now called the Storm Restoration Program. C=Ed
monitors weather conditions and attempts to anticipate the path of severe weather
events. In some cases ComEd writ place crews in areas that are likely to be affected
by a severe storm to respond more quicidy should the storm hit and interrupt service
ComEd uses local crews to respond to weather emergencies. We also have contracts
and agreements with other utilities and private companies to supplement our crews in
Program 2 - ServiceInterruption
severe emergencies. ComEd has enhanced comrmrnicatons with field emergency
Management
restoration personnel.
ror each feeder level interruption that lasts for more than fifteen minutes. ComEd
notifies each affected municipality by fax or e-mail within one hour after ComEd teams
of the interruption. ComEd is committed to updating the information every two hours by
subsequent Faxes or e-mails. The notice typically desonbes the location of the
interruption, an estimate ofthe number ofcustomers, affected. and an estimated time
for fun restoration of service. Beginning in 1999, the fax notices now include a direct
phone number to ComEd's dispatch center in Joliet that municipal officials may dial for
more detailed information on the restoration efforts. The fax notification program
reports only'leeder-leveY interruptions Le., incidents that affect 1000 kya or more of
electric load. On an annual basis. ComEd sends each municipality a fax nofiffcation
Program 3 - Outage Notification to form that the municipality must complete with fax numbers and names of the persons
Municipalities
who are to receive no5fication from ComEd. .
ExhibitA 070110
DRAFT
7/2l2010
• • •
Exhibit A - Projects and Programs In the City of Evanston
. - - yrq? h•.r•: �'r g;% - = sen:6`$ ^:i:� ; �-»` - > :3'k`:�!i ' i,r= u:�=:'r; s:' -
A_diiifionahP.Yo rams :,mot; 3 - r•�^i;>.. s;;;y ,:`} : ..•��� �rx f •. :, . •-�
_ -$1' -n: ,3._ '':�:=� -tY�r '-"'r%� .i.. .h%1 i.p• ...-s'Fj<._�a�`_._,..a.,.
9 _a+,"'' �n .:.:,.�` :.t.. '%:r:` : y } <.4;;5'",•, _ ".L :?fI='d't.. ti: ho�,;•,•�X k;t/y rii-_:a. f .��_.: yt=;.i
'f.fw1'��,,-- "e.-M�:t4j�f:Y.�y '�'-.-,1-..�5,S �`: P.�:.�'�[S^lr�:1',4.-
:.'.vL .1'. Ji.:r -_.5.�i,:S:.:yr�'-iiX-5`i-v:'S'!�-el!Yv:7.T vv7 r..S9•.�-M.i.r..r�..J;C'•
fmYOVemr311LS'l�'.` �Hi .YY,x•�-!i.(.. ��•:..:'i''!•�=;'j1:...'K•a.. .a.JkY..'... .if!iL;'G`t`f�-t:'M%_•
..: P -... ..- . _. ... �,�...� ......-._...,"i:�.,..•.1!s r.... per:^.. h s .__ � 4a<xr•` 4'+^ '.v ..+`:,c,
�'u;n j•�iii>:1..a
.fc., .....<�, 7..+
:-��.'r..isr.:y-YS�:ii:i�.:!.`.r.r.l_o-..�nr.:
The fax notification system gives municipalities current information on restorationW97Y`;
'''
efforts in their communifies.From time to time, ComEd may interrupt electric service in
order to replace or repair equipment, or to accommodate private or governmental
llaWy{ ; a ^, Qt„`
conr demolition efforts. structionlion,
municipalEd lements a planned
`Y ri ZJ s
h
honwever, sue that customBefore ersandC officials are awarelofiehe
* ,
interruption and are given sufficient lime to respond- In most circumstances. ComEd
notifies the customers who would be affected by the interruption by marl. COmEd also
notifies the municpal official designated on the fax notifidadon form by fax or a mail
r J ?„S • ` �, %:? )'i ;
least twenty-four hours priorto the interruption There are fimes, however, when
y; {";;k `.
ComEd must Interrupt service on short notice. In those rases. ComEd will contact
afrected customers by telephone and municipal officials by fax with as much lead time
Program 3 - Con't as possible
ComEd has developed e-Outage, an Internet site that reports fnformafion on service
intemrptons by region, within the ComEd service territory- By entering a password,
municipal officials currently can access the site to obtain current information on how
long customers in the town have been out of service, and when available, an estimate
Program 4 - Internet Applications restoration time. it also allows municipal officials to view service interruptions in their
(E-Outage) community on a geographic map.
On August2, 2001, the Illinois General Assembly passed Public Act 92-0214 that
specifies how utilities will trim trees in Illinois. The law specifies the standard by which
utlitieswBi trim trees and what nofification utilities are required to give customers and
municipalities. For details regarding the new law see
http:/Avwwltl0.stated.us/govemmertVgetlegi"s.rdm and HBIT76.11On November l 1,
2002 the City of Evanston approved a Tree Trimming Agreementwith ComEd. The
various Councils of Government, including the Northwest Municipal Conference,
approved this agreement The agreement, which is for a four-year period, allows
ComEd to continue to trim trees to the standards set In Public Act 92-0214. By signing
the agreement, Evanston is qualified to participate in ComEd's Munrdpal and Customer
Program 5- Tree Trimming & Tree Tree Replacement Program B. ComEd win provide on an annual basis, the 11stof
Agreement feeders in Evanston and when they were last trimmed and the next trimming cycle.
Corn Ed agrees to cooperate Mail the City of Evanston (City) during the term of this
franchise extension to help it achieve its goal of 20% green power for City facilities
served by Corn Ed by offering to the City any future Com Ed green power initiatives
developed by Corn Ed to the extent the same are offered to customers of the same
Program 6 - Green Power Gass and in the same territory as the City. Evanston has expressed its interest in
Initiatives serving as a demonstration municipality for any Uwe green initiatives.
Exhibit A 070110
UT-TiTaai
TW-010
•
Exhibft A- Projects and Programs In the City of Evanston
In support ofa unique community revitalization project at Church Street and Dodge
Avenue, upon a formal request by the Oily and review by ComEd, Cam Ed will consider
leasing loft City a fimited portion of vacant land at a site that also includes a Com Ed
substation for parking for six (6) vehicles. Any such lease to the City would rimit the
CiVs use of the property to parkmg for time adjacent redevelopment project. Such
Program 7 - Economic leasing of this property to the City would be subject to any requisite regulatory
Development Initiatives- (Church approvals, safety and access conditions and ComEd would retain the right to terminate
& Brown Substation Lincoln & the lease 'rfsuch property is required by Com Ed. Aesthetic improvements to Lincoln &
Green Bay Substation) Green Say, i.e_ painting of equipment -
In the event of an emergency, if prior acquisition of formal authorization is not possible,
ComEd or any person acting on its behalf, may undertake the emergency work without
first acquiring forma! authorization, provided that CornEd shall apply forsuch formal
Program 8 - Emergency authorization at the earliest reasonable opportunity, typically w thin 72 hours, but not to
Construction in the Pubrrc ROW exceed 10 business days.
ComEd agrees to provide the city with the available monthly list of electric service
cutoffs (of customers that have been cut for more than 30 days) by address The
report will be generated once per month during the cut season. (April 1st- November
30th) The Illinois Administrative code Title 83, Chapter I Part 280.135 does not allow
shut off during the period of December Istthrough March 31st ComEd reserves the
Program 0 • Not'mf=fion of Cutoff rightto modify this process if kcal or regulatory changes occur. but not without
Electric Service notification and discussion with the city.
E*4,iblt A 070110 DRAFT 7/2f2010
_ ELECTRIC ORDINANCE
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISONT
t i. COMPANY (PUBLIC SERVICE COMPANY DIVISION), ITS
SUCCESSORS AND ASSItGNS, TO CONSTRUCT, OPERATE
AND MAINTAIN AN ELECTRIC LIGHT AN POWER SYSTEM
IN AND THROUGH THE CITY OF EVANSTON, COOK
COUNITY, 1LLINOIS.
BE IT ORDAINED BY THE CITY COUNCIL OF EVANSTON
ILLINOIS:
SECTION 1. That the right, permission and authority be
and the same are hereby granted Lo COMMONWEALTH EDISON COMPANY
(PUBLIC SERVICE COMPANY DIVISION), an Illinois corporation, its
successors and assigns, (hereinafter referred to as the "Grantee"),
to construct, operate and maintain in and through the CITY OF
EVANSTON (hereinafter, referred to as the "Municipality"), in the
County of COOK, and State of Illinois, for a term of Thirty-five
(35) years, a s-stem for the production, transmission, distrlbu-
tion and sale of electricity for lighting, heat.i.ng, power and
other, purposes within and outside the corporate limits of the
Municipality, and to c")n3truct, operate and main Lain all such
poles, wires, conduits, manholes, vaults and other apparatus
and equipment as may be necessary or convenient for such sys-
tem in, upon, along, over, across, above and under each and all
of the streets, alleys, avenues and other public places in the
Municipality, subject to the conditions and regulations herein-
after set forth.
SECTION 2. All poles and wires erected hereunder shall
be ,laced In alleys wherever practicable so to do, and shall be so
placed, whether on street;, alleys, avenues or other public places,
as not to interfere unnecessari.l;; with travel on such streets, alleys,
a,.,enues and other public Maces, and shall be erected under the
2-25-57 -2-
direction of the City Council or its authorized agent. Grantee
0 shall, at its own expense, whenever ordered so to do by the City
Council of the Municipality, make such adjustment and re -locations
of its poles, wires and other facilities Installed in, on or under
streets, alleys, avenues or other public places, as may be reason-
ably necessary to avoid interference with street Iimprovements
approved by the City Council or with utilities owned and operated
by the Municipality. All poles erected under this ordinance shall
be not less than twenty-five (25) feet in height, and shall be so
located as not to injure unnecessarily any drains, sewers, catch
basins, water pipes, pavements, or other like public improvements,
but should any drain, sewer-, catch basin, water pipe, pavement or
other like public improvement be injured by such location, the
Grantee shall forthwith repair the damage caused by such injury to
the satisfaction of the Director, of Public ;forks of the Municipality
or such other duly authorized agent, and in default thereof the
Municipality may repair such damage and charge the cost thereof to,
and collect the same frorn, the Grantee.
Said Director of Public Works, or such other duly author-
ized agent, of the Municipality is hereby authorizer) and directed
to call' -upon the Grantee to, and the Grantee may of its own accord,
cause the trees --rowing upon or overhanging all of the streets,
alleys, avenues and other public places in the Municipality upon,
which electric light or power lines are erected hereunder to be
trimmed from time to time in such manner that there shall be a
proper clearance between the nearest wires on said lines and any
portion of the trees. Said trees shall be so trimmed that none of
the branches, twigs or leaves of said trees shall come in contact
with or in anywise interfere with the wires or other equipment upon
said lines. Said trees shall be trimmed under the direction of the
City Council or. its authorized agent, by and at the expense of the
Grantee.
All abandoned Doles shall be removed as soon as the use
• thereof is discontinued. All poles shall be set in straight lines
o far as practicable, and all overhead wire . conductor's and cables
2-25-57
shall, sc, far as practicable, be kept at least eighteen (18) feet
• above the level of the "round.
The Municipality shall have the right to the use of .one
cross arm on the poles of the Grantee for the police and fire alarm
service wires of the Municipality, provided that any such cross arms
and wires of the Municipality shall be so placed and maintainer by
the Municipality, under the direction of the Grantee, as not t5 in-
terfere with the wires of said Grantee.
The Grantee shall be subjected to all reasonable regulations
which may now or hereafter be prescribed by general ordinance of the
Municipality with respect to the use of the public streets, alleys,
avenues.and other public places of the Municipality.
It is understood that nothing contained herein shall be con-
strued to prevent the Municipality from exercising rights of taxation
provided, or to be provided, by the laws of the State of Illinois.
SECTION S. When at any time hereafter any house or build-
ing shall be moved by permission of the Municipality, or its proper
• officers, along, across or upon any of the streets, alleys, avenues
or other public places of the Municipality, the Grantee, its succes-
sors and assigns, shall upon receiving written notice from the Muni-
cipality to that effect, and within twenty-four (24) hours after
receiving such written notice, so cut, remove or adjust its said
wires or poles that the same will in no way interfere with the moving,
of any such house or building, provided, however, that such cutting,
removin.g and adjusting of said wires and poles shall be done at such
time of the day or night as will least interfere with the public use
by the Grantee of such wires and poles for the benefit of the in-
habitants of the Municipality and the successful operation of the
Grantee's electric light and power system. All questions as to the
time when any of said wires and poles shall be so cut, removed, or
adjusted for the purpose aforesaid shall be decided by the Munici-
pality, or, its proper, officers, and such decision shall be final.
SECTIO14 4. The Grantee shall indemnify, become respon-
sible for, and forever save harmless the Municipality from any and
2-25-57
•
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all judgements, damages, decrees, costs and expenses, including
attorneys' fees, which. the Municipality may legally suffer or incur
or which may be legally obtained against the Munieipal.ity for or by
reason of the use and occupation of any street, alley, avenue or,
other public place in the Municipality by the Grantee pursuant to
the terms of this ordinance or legally resulting from the exercise
by the Grantee of any of the privileges herein granted, and, .as
additional security therefor, the Grantee shall, during the life of
this ordinance, keep or, File with the City Clerk of the Municipality
,
2. good and sufficient,,bond in the penal sum of Fifteen Thousand Dollars
($15,000) conditioned to protect and indemnify the Municipality as in
this Section provided, and said bond shall be subject to the approval
of the City Council of the Municipality, and the Municipality shall
have the right from time to time, whenever in the opinion of the
said City Council the same may be necessary, to require the Grantee
• to renew or provide additional or other security on said bond.
SECTION 5. After the passage of this ordinance and within
thirty (30) days after passage, this ordinance, if' accepted, shall
be accepted by the Grantee by its filing with the City Clerk of the
Municipality an unconditional written acceptance hereof, to be duly
executed according to law, and a failure of the Grantee to so accept
this ordinance within said period of time shall be deemed a rejection
hereof of the Grantee, and the rights and privileges herein granted
shall after the expiration of said period of thirty (30) days, if
not so accepted, absolutely cease and determine, unless said period
of time shall be extended by the Municipality by ordinance duly
passed for that purpose and before the expiration of said period of
thirty (30) days.
SECTION b. All provisions of this ordinance wt;ich are ob-
ligatory upon, or which inure to the benefit of, said Commonwealth
•
•
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Edison Cc=pa:y (Public Service Cc=;ary Dlyisicn) sr.all a:so be at.
liaa.oy C.r., and snail inurr to the ber.efi: c: arty and a:1 sxces-
ae-s and assigns of said aa;,orizilen; and :be road "Grantee` Where -
ever ap;ea=i:wr i ; :Mils orai:.ascr s al; S,e:u_e and :c :a;cen ._ rean
roz only said Cc_. =,n*dealta Edison Ccm;&.,% (?gib_:: Srrrice Con,^a:y
but also each and all of such successors ar= assigns.
SECTIONT. MUs ordin;6%ce, if accepted by t.`e Cm -tee
as h�-tInabove provided, shall be In full' force and effect on and
aftsf}�Zla't'L �. 19�� and shall fro= and after the ef-
fective date, supersede, cancel and be in lieu of any and all
other exist -.-a or prior gets of right, yer=Vssian and au:.`.orit,
to said Grantee or a q r—edecessar companies or asal;rors or the
Grantee, to construct, operate and malataln any sys:ec% for the
production, transaission, distribution and sale of electricity for
lig.'�t:rg, heating, power and other purposes within the Mlunicipality.
PA33M SY : C[1 CMMCIL GF r';.;.Y,,"'-. AHD
ILLL`I0=, vas --DAY W? A.D.
a'�°-"`-_ , 19•r•
z � A- /' _ .
Cl% Clrru .
APPRCV= BY ZIiE MAYOR W THE CZTX CICA �iEVANS ON
ILLZ==, .= k� DAY 0! '21;1�- A.D.. 19..E
aetyor
• AZ'l=:
c:i Luarx
a
• STATE OF !LT,INOIS
COUNTY OF COOK ss,
CITY OF —EVANSTON
C)
y e I*
the City of Evanston, o o k
County, 1111noi5,
do hereby certiCy that the foregoing is a true
and correct copy
of an Ordinance J'Aly passed by rh(- C11,y Council
of said City on
the 1r day of A.D.
19,!�17) and duly
approved by the Mayor of, said City on the
--e/ ir3ay of
A.D. 19_L2, the original of
which Ordinance
is now on file in my office.
I do further certify that T am the legal custodian of
all papers, cont.racts, documents and records of
said Cj.ty,
WITNESS my hand and the official seal
of said City
This day of
A.D, 19
(71ty Clerk
Address
(Seal)
E
92-0-15
EXHIBIT B
ACKNOWLEDGMENT AND AGREEMENT TO THE TERMS OF
ORDINANCE NO.92-0-15 AND EXTENSION OF THE 1957 FRANCHISE
ORDINANCE UNTIL SEPTEMBER 12, 2020
Commonwealth Edison Company hereby acknowledges and agrees to the terms
of Ordinance No. 13-0-57, terms of the Ordinance No. 58-0-10, as amended, and the
to the extension provided in Ordinance 92-0-15, which shall now extend through and to
September 12, 2020.
COMMONWEALTH EDIS OMPANY
By:
Its Senior Vice-PNsid nt. qulatory and External Affairs
40 ATTEST:
9