HomeMy WebLinkAboutORDINANCES-2004-077-O-04•
6/30/04
77-0-04
AN ORDINANCE
Granting an Extension
Until July 14, 2007 of the Electric Ordinance
To Commonwealth Edison
WHEREAS, the City Council of the City of Evanston did on March 4, 1957, adopt
an 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
WHEREAS, the City Council of the City of Evanston did on September 27, 1993,
adopt Ordinance 105-0-93 entitled "An Ordinance Amending Ordinance No. 13-0-57
0 Granting Authority to Commonwealth Edison Company to Grant Authority to
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Commonwealth Edison Company to Construct, Operate and Maintain an Electric and is
Power System in the City of Evanston" which ordinance extended the term of the
"Electric Ordinance" for a period of seven 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 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 did on October 12, 1998 adopt Ordinance 91-0-98 9
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
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 •
wh-ich-granted a three=year-extension of Ordinance 13--0-57 until -July 14, 2002; and -
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• WHEREAS, the City Council did on July 8, 2002 adopt Ordinance 64-0-02 which
granted a 90-day extension of Ordinance 13-0-57 until October 14, 2002; and
WHEREAS, the City Council did on October 14, 2002 adopt Ordinance 98-0-02
which granted a nine month extension of Ordinance 13-0-57 until July 14, 2003; and
WHEREAS, the City Council did on July 14, 2003 adopt Ordinance 68-0-03
which granted a one year extension of Ordinance 13-0-57 until July 14, 2004; and
WHEREAS, the City of Evanston and Commonwealth Edison Company have
concluded negotiations concerning the possible grant of a new authority to
Commonwealth Edison to use the public ways and other public property; and
WHEREAS, Commonwealth Edison, having notice and being aware of the
adoption of 68-0-03 and the July 14, 2004 termination date of the existing authority, has
• requested that the City extend the grant of authority for three years from and after July
14, 2007; and
WHEREAS, City Council has determined it is in the best interests of the City to
approve such extension,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the duration of Ordinance 13-0-57 which terminates on July
14, 2004 is hereby extended until July 14, 2007, and all its terms shall remain in full
force and effect for that period.
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 3: This ordinance shall be in full force and effect from and after its is
passage, approval and publication in the manner provided by law.
Introduced: A,<. l' % Z- , 2004
Adopted: 12— , 2004
Appr ed: ��2004
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ATTEST:
Clerk
Appr kl as to form:
Corporation Counse •
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