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HomeMy WebLinkAboutORDINANCES-1999-095-O-99• 06/21 /99 95-0-99 AN ORDINANCE Granting an Extension 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 • 1 95-0-99 • 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 Granting Authority to Commonwealth Edison Company to Construct, Operate and Maintain an Electric Light and 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 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. 0 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 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 • 2 95-0-99 WHEREAS, the City of Evanston and Commonwealth Edison Company have engaged in 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 aware of the adoption of 105-0-93 and the March 5, 1999 termination date of the existing authority, has requested that the City extend the grant of authority for ninety (90) days from and after March 5, 1999; 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. 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 15, 1999 is hereby extended until July 14, 2002 and all its terms shall remain in full force and effect for that period. The City may thereafter annually extend the duration of ordinance 13-0-57 for a maximum of two (2) one-year periods. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. • 3 95-0-99 SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: Adopted: ATTEST: ity rk zR 12 J Approved a-s to form: c-,,' J �-� Corporation Coun I , 1999 , 1999 Approved: 2 © .1999 Mayor E C •