HomeMy WebLinkAboutORDINANCES-2010-058-O-10r�
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7/13/2010
58-0-10
AN ORDINANCE
Granting an Extension, Until September 12, 20159
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 Edison
• 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
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58-0-10
WHEREAS, the City Council of the City of Evanston on September 0
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
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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
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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 •
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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 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: o� �p , 2010
Adopted: q , 2010
Attest:
Approved:
�I ,2010
Eli th �BTis6ahl, Mayor
Approved as to form:
Rodney Grbene, City Clerks At W. Grant Farrar, `City Attorney
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58-0-10
EXHIBIT 1 •
Projects and Programs in the City of Evanston
•
ME
• • •
Exhibit A - Projects and Programs In the City of Evanston
Project • _ investigation Kesuits ana Kequirea Actions Schedule
On a regular basis, ComEd inspects its distribution circuits, for broken or damaged
equipment including, (e.g. transformers, wires, lightning protection, etc...) At the
Project 1 - Distribution Circuit beginning of the year ComEd will provide a list of circuits to be trimmed and inspected
Inspections & Tree Trimming and any significant items found. ICC Requirement
On a yearly basis, ComEd will provide a report of any 1 % feeders that serve Evanston
A statement of any remedial actions will be included. (4th Qtr. calendar year) As
reported to the Ilinois Commerce Commission, criteria based on frequency and
Project 2- 1 % Circuit Reporting
duration, plus additional analysis.
Annual
Schedule of Reports: The annual report will be essentially indentical to the model
Annual Report provided by ComEd with the following additions. These reports will
include progress on projects and programs identifiedin Exhibit A, twice a year. Insert a
new section entitled: 'Inspection by Feeder' which will include a list of the feeders in
Semi Annual (October 29,2010, April
Evanston and when they were last inspected and the next inspection cycle. Insert a
29, 2011 October 28,2011, April
new section, under Tree Trimming Report by Feeder, a list of feeders in Evanston will
27,2012, October 26, 2012, April
be added including when they were last trimmed and the next trimming cycle. Insert a
26,2013, October 25, 2013, April 25,
new section Skokiefrechny Reliablity Report. Outage Data provided semi annually.
2014, October 31, 2014, April 24,
Project 3 - Reliability Reports
(First 6 months, then full 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
list will 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 will meet with Evanston TRG annually to
coordinate information about expected future major load additions. ComEd will also
Project 6 - Distribution Planning
share any work affecting Evanston in the 5 year Capacity plan on an annual basis.
Semi Annual
ComEd will provide a list 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 of all Evanston
feeders and list the totla number of Evanston customers served on each feeder by
Project 8 - Feeder Map
Residential and Commerical/Industrial.
Annual
Exhibit A 070110 DRAFT 7/2/2010
Exhibit A - Projects and Programs In the City of Evanston
Additional Programs &
Improvements
Rules enacted by the Illinois Commerce Commission require Illinois utilities to report on
certain service standards. Specifically, depending on the voltage level at which the
customer receives service, ComEd and other utilities attempt to limit the number of
controllable interruptions and the duration of those interruptions experienced by
customers. Under the 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 the rules, as
Multiple Outages (Multiple & Long
well as other information relating to service reliability, may be found on the Illinois
Duration)
Commerce Commission's web site http://www.icc.state.il.us
ComEd's Dispatch Center coordinates the efforts of regional reporting centers, which
are located throughout the service territory.ComEd also continues to rework its
emergency restoration program, now called the Storm Restoration Program. ComEd
monitors weather conditions and attempts to anticipate the path of severe weather
events. In some cases ComEd will place crews in areas that are likely to be affected
by a severe storm to respond more quickly 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 - Service Interruption
severe emergencies. ComEd has enhanced communications with field emergency
Management
restoration personnel.
For 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 learns
of the interruption. ComEd is committed to updating the information every two hours by
subsequent faxes or e-mails. The notice typically describes the location of the
interruption, an estimate of the number of customers affected, and an estimated time
for full 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 'feeder -level" interruptions i.e., incidents that affect 1000 kva or more of
electric load. On an annual basis, ComEd sends each municipality a fax notification $
Program 3 - Outage Notification to form that the municipality must complete with fax numbers and names of the persons
Municipalities who are to receive notification from ComEd. .
Exhibit A 070110 DRAFT 7/2/2010
0 0 0
• • •
Exhibit A - Projects and Programs In the City of Evanston
Additional Programs &
Improvements
The fax notification system gives municipalities current information on restoration
efforts in their communities. From time to time, ComEd may interrupt electric service in
order to replace or repair equipment, or to accommodate private or governmental
construction or demolition efforts. Before ComEd implements a planned interruption,
however, we make sure that customers and municipal officials are aware of the
interruption and are given sufficient time to respond. In most circumstances, ComEd
notifies the customers who would be affected by the interruption by mail. ComEd also
notifies the municipal official designated on the fax notification form by fax or e-mail at
least twenty-four hours prior to the interruption. There are times, however, when
ComEd must interrupt service on short notice. In those cases, ComEd will contact
affected 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 information on service
interruptions 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 August 2, 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
utilities will trim trees and what notification utilities are required to give customers and
municipalities. For details regarding the new law, see
http://www100.state.il.us/government/getlegis.cfm and HB1776.A. On November 11,
2002, the City of Evanston approved a Tree Trimming Agreement with 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 Municipal and Customer
Program 5- Tree Trimming & Tree Tree Replacement Program. B. ComEd will provide on an annual basis, the list of
Agreement feeders in Evanston and when they were last trimmed and the next trimming cycle.
Com Ed agrees to cooperate with 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 Com Ed by offering to the City any future Com Ed green power initiatives
developed by Com Ed to the extent the same are offered to customers of the same
Program 6 - Green Power class and in the same territory as the City. Evanston has expressed its interest in
Initiatives serving as a demonstration municipality for any future green initiatives.
Exhibit A 070110 DRAFT 7/2/2010
Exhibit A - Projects and Programs In the City of Evanston
Additional Programs &
Improvements
In support of a unique community revitalization project at Church Street and Dodge
Avenue, upon a formal request by the City and review by ComEd, Com Ed will consider
leasing to the City a limited 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 limit the
City's use of the property to parking for the 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 if such property is required by Com Ed. Aesthetic improvements to Lincoln &
Green Bay Substation)
Green Bay, 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 formal authorization, provided that ComEd shall apply for such formal
Program 8 - Emergency authorization at the earliest reasonable opportunity, typically within 72 hours, but not to
Construction in the Public 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 1 st - November
30th) The Illinois Administrative code Title 83, Chapter I Part 280.135 does not allow
shut off during the period of December 1st through March 31st. ComEd reserves the
Program 9 - Notification of Cutoff right to modify this process if legal or regulatory changes occur, but not without
Electric Service notification and discussion with the city.
Exhibit A 070110 DRAFT 7/2/2010
0 0 is