HomeMy WebLinkAboutORDINANCES-1993-105-O-938 -
09-09-93
105-0-93
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
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
1
other public places in the municipality subject to the conditions
and regulations thereinafter set forth; and
WHEREAS, the successor to Commonwealth Edison Company
(Public Service Company Division) is Commonwealth Edison Company;
and
WHEREAS, it is the desire of Commonwealth Edison
Company and the City of Evanston to extend the terms of said
Ordinance No. 13-0-57 for a period of seven (7) years to commence
from March 5, 1992 to March 5, 1999 and to provide that all the
terms of said Ordinance No. 13-0-57 shall remain in full force
and effect until March 5, 1999; and
WHEREAS, it is the desire of Commonwealth Edison
Company and the City of Evanston that from and after March 5,
1999, the terms of this authorization shall be those set forth in
Section 3 of this ordinance unless the City of Evanston by its
City Council shall determine to terminate said authorization.
Such termination shall be accomplished by an ordinance adopted by
the City Council of the City of Evanston within one hundred
eighty (180) days prior to March 5, 1999.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Ordinance No. 13-0-57 adopted by the
City Council of the City of Evanston on the 4th day of March,
1957, be amended by striking the words "thirty-five (35) in
Section 1 of said ordinance and inserting in lieu thereof, the
words "forty-two (42)".
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1
SECTION 2: The duration of Ordinance No. 13-0-57 be and
it is hereby extended in accordance with Section 1 of this
Ordinance, and all its terms shall remain in full force and
effect for that period.
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.
SECTION 4: This ordinance shall be in full force and
effect from and after its passage, approval and publication in
the manner provided by law and the acceptance of this ordinance
by Commonwealth Edison Company. This ordinance shall be
retroactive to March 5, 1992.
Introduced: �% , 1993
Adopted.
Xi/ % , 1993
TES
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Ci Clerk
A p ove as to
Corporate n Counsel
Approved: -t'��i% _2 � , 1993
Mayor
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ORDINANCE NO.
i
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY
TO USE THE PUBLIC WAYS AND - r.. �&-% ' PUBLIC PROPERTY
. IN CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND
MAINTENANCE OF AN ELECTRIC SYSTEM IN AND THROUGH THE
CITY OF E4ANSTON# . COOK COMITY, ILLINOIS __,._._.--
Be it ordained by the City Council of the City of Evanston,
County of Cook, Illinois, as follows:
SECTION 1. DEFI3rITION8 .
As used in this Ordinance, the following terms, phrases and
words and their derivations shall have the meanings given in this
section, unless the context or use clearly indicates another or
different meaning is intended.
I.I. nCity+s is the City of Evanston.
1.2 "Licenssell is the Commonwealth Edison Company.
1.3 "Clerk" is the Clerk of the City of Evanston.
1.4 "Competent Authorityll means and includes any governmental
body or forum vested by law with authority to do the act or
make the order, rule or regulation involved.
1.5 nCorporate Authorities�i is the Mayor and City Council of
the City of Evanston.
1.6 nEdison Representative" is the person or persons
designated by the Licensee responsible for the day -today
performance of the Licenseels duties under this Ordinance and -
who shall be available and accessible to -the City].for _ -
purpose during regular office houDoll
rs.=
1 - MEdi3Cn +->. o`.►'� .�' 1 Ca _ 1
Mesrgeacy�,: Ztaprasaatstiv �s _ e.. �
._-v. - _ - - �t-:-•'+a�i. - _ _ __ _ _"'._ - _ - ?— -spar
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persons designated by the Licensee responsible for the
performance of the Licensee's duties under this ordinance
during emergencies and at all times other than the Licensee's
- regular office hours and who shall be available and accessible
tc the City for that purpose during emergencies and at all
times other than the Licensee's regular office hours. The
Edison Representative may also be designated as the Edison
Emergency Representative.
1.8 s•Electric System„ shall mean 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 City.
1.9 ••Energy Efficiency/DSWO means applications of
technologies and techniques for increasing the efficiency of
- -- -• - - - -. - . - _ :�= .�- _ -jam
electric energy use or managing demand for electric energy.
Such applications may be designed to achieve greater end use
benefits from electric energy consumed, -reductions in electric
energy consumption, shifts*of electric energy demand to times
when it can be met more economically, or other ~initiatives
designed to manage or reduce demand for electric energy.
1.10 n.PZ •• means and refers to the Federal Energy Regulatory
Commission or other authority succeeding to the regulatory
powers of the Federal•Energy Regulatory Commission.
1.11 ••Generating pacilities•• are those Facilities used. --or==
constructed by the -Licensee for the purpose of generating or
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.. , _producing ' elect_ric_renergy • _ _ ,.:y- ;- �_ _ : *-'
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1.12 ••High `4oltage"Traaam3ssion . Liass•• .means power lines
designed to transport electricity at 138 kilovolts (138 kv) 028
more.
1.13 "ICC" means and refers to the Illinois Commerce
Commission or other authority succeeding to the regulatory
powers of the Illinois Commerce Commission.
1.14 "Liability" includes, but is not limited to: actual or
claimed loss or damage to property or injury to or death of
persons;
actual
or claimed
responsibility for such loss,
damage,
injury or
death; and
any and all judgments, decrees,
costs and expenses .of every sort and kind incident to such
loss, damage, injury, death or responsibility, including, but
not limited to, court costs, fines and attorneys fees.
1.15 "Municipal Electric Representative$' is the person or
persons designated by the City to be responsible for the day-
to-day implementation of this Ordinance on behalf of the City
during regular office hours.
1.16 (•Municipal Emergency Electric Representative$$ is the
person or persons designated by the City to be responsible for
the implementation
of this
Ordinance
on behalf
of the. --City
during emergencies
and at
all times
other than
the City•s
regular office hours.
1.17 "Other Ways" means rights -of -way within the City -that
are under the jurisdiction and control _of ,..a
entity other than the City. _
140-18 "overhead Distribution Facilities" are,�poles,, ices,
cables and other overhead apparatus used �in�the- di 1 ba ion -
}2�#'c 4 _ :--- •. . - ._ _— .-aJ,_ ..� .r �`::=�`4ii}``Y T� �-^+Y.SC:—.._ _. _ - t_ "— _+:-- _.. y." _'�-.�y . -_�' s-=-
of electricity:_- of motto exceed Y14 000 ' volts
_�- __ - =ten= _ - �, a _ ; ansa.:; �se'.e.:� -_ �o ►�--�-y.,,.
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1.19 „Overhead .Facilities", are Transmission -and Distribution
Utility Facilities located on or above the surface of the
ground, including -the underground foundations -or supports for
such facilities.
1.20 "Personll means one or more individuals, associations,
firms, partnerships, trusts, private corporations, municipal
corporations, receivers, or trustees.
1.21 "Public Property" means all real property and all
improvements thereon, owned, leased to, leased by or otherwise
controlled by the City. --
1.22 "Public Ways'+ means the surface, the air space above
the surface and the area below the surface -of __any - public
right-of-way, including, but not limited to, any street,
highway, avenue, drive, boulevard, lane, path, alley,
sidewalk, waterway, bridge, tunnel, park, parkway or other -
public right-of-way including public utility easements or
rights -of -way over which the City has jurisdiction, and - any=
temporary or permanent fixtures or improvements located
thereon now or -hereafter held by the City in which -the City -
holds rights sufficient, without consent of any other Person,
to permit Licensee the use thereof -for the -purpose of
installing or maintaining Licensees- Electric: System .
1.23 esTransmission and Distribution Facilitiesn_-Unclude=a 1=``
.lines, equipment and structures used in the -transmission
distribution or sale of electric energy, wherever- located.
-_i- �_..Q�,.:�_,_-
_.:_.: �l�/�_-S��--^- -a-..
Transmission --and 'Distribution Facilities -include 8igii "Voltage'=
Transmission Lines.
1.24. „Underground Facilitiese• are --Transmission and
Distribution Facilities located under the surface of the
-ground; excluding the underground foundations or supports for
Overhead Facilities.
1.25 I'Utility Facilitiest• are and refer to and include, but
are not limited to, property, land, structures, equipment,
plants, works, systems and improvements of the Licensee, such
as pipes, electric substations, conduits, wires, transformers,
.cables, poles and meters, used in the production,
transmission, distribution or sale of electricity within the
city. Mutility Facilitiesw includes all Generating
Facilities, Transmission and Distribution Facilities, Overhead
Facilities and underground Facilities.
SECTION 2. RULES-OF.CONSTRUCTION --
This Ordinance shall be construed in accordance with the
following provisions.
2.1 When not inconsistent with the context, words -used in the
present tense .include the future -tense words -in- the plural number
include the singular -number, and words in the singular number
include -the plural number:
2.2 The words - !shall and will• - are• --mandatory •and -the-word .
"may. -is permissive." :___ - - =- a::�.e=�' _ = -
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- - .• • �" • - --_ • d_--' r ..e_+ __ _ �-~ � r -� . _� - _ �. '.� =C �:" � e_i�� _ _ �- -.-3 t,i-. ems_-�i w;�?'I: . ---'v-_ i•` `-.
law.
9.6 Small Power Production and Cocreneration.. The City
expressly reserves the right to engage in the production of
electric energy, both from conventional power plants and from
cogeneration and small power production facilities.
SECTION 10. TERM AND TERMINATION
10.1 Term. The franchise granted by. this Ordinance shall
last for a term of fifty (50) years from March 5, 1999, except
that at the sole option of the City, it may be terminated at the
end of the 35th year thereafter, provided that the City notifies
Edison in writing of its intent to terminate within the first
three months of the 35th year.
10.2 Acceptance. The Licensee shall accept this Ordinance
by filing with the Clerk an unconditional written acceptance
hereof, to be duly executed according to law, along with proof of
compliance required by Sections 14.2 and 14.3. The failure of the
Licensee to so accept this Ordinance within 30 days of enactment
shall be deemed a rejection hereof by the Licensee, and the
rights and privileges herein granted shall absolutely cease and
determine unless said period of time shall be extended by an
ordinance duly passed by the Corporate Authorities for that
purpose before the expiration of the 30 day period.
10.3 Effective Date. This Ordinance shall be in full force
and effect on March 5, 1999, unless the City Council by
ordinance, terminates the authorization herein granted within the
period from one hundred eighty (180) days prior to the
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-fix
effective date to the day prior to the effective date. Such terodnation does not
10.4 R=,,w=.= . At any time, but no more than once in any 10 year period,
either party may require both parties to negotiate in good faith on a,a1
to this Ordinance. 7he subject of the V&uIwA�ed cu,=&4=1L shall be set
forth in written notice.
10.5 1,1 ..L ..Ls. Except for the a.=.,&.=.Ls to Exhibit B required red under
Section 8.1, no revision, modification or aLL=XAIL= t of this Ordinance shall be
effective unless it has been passed by the Q"ku.ate Authorities and accepted by
the Licensee in writing.
10.6 Renewal. At any duce during the first 60 days of the last year
occurring prior to the expiration date of this ordinance, Bdison may request the
City to enter into negotiations toward renewing or eKtending this Ordinance. Any
renewal or extension shall be according to term that are mutually agreeable and
the City shall not be bound to accept any particular terms or to renew any or all
of the rights granted by this Ordinance.
10.7 Termination. The rights and obligations of the Licensee tinder this
Ordinance shall be terminated upon the end of the teen of this Ordinance, or at
the end of the 35th year if the City has exercised its option to terminate under
Section 10.1, or upon the Licensee's forfeiture as provided in section 11.
10.8 Richts Upon Termination.
10.8.1 Upon auy termination of its rights and obligations under this
• . ....- - .�•� _-N MUM - - . .� . ..- - - w - .- . . •
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within the City unless a petition for abandonment has been
filed with and approved by the ICC.
10.8.2 Notwithstanding the termination of the Licensee -Is
rights and obligations hereunder, by forfeiture or otherwise,
the Licensee shall remain subject to all other applicable
regulations and authority of the City, without limitation, as
long as the Licensee continues to provide electrical service
within the City or -the Licensees Utility Facilities remain in
the Public Ways or on Public Property.
10.8.3 Any claims for indemnification for Liability
incurred by the City, its boards, committees, commissions,
officers, agents and employees arising from any incidents that
'occurred on or before the termination of this Ordinance shall
survive the termination, provided that such claims for
indemnification are timely made.
SECTION 11. REMEDIES
11.1 Subject to the limitations in Sections 11.2, 11.3 and
11.4 below, in the event the Licensee or the City fails to fulfill
any of their respective obligations under this Ordinance the City
or the Licensee, whichever the case may be, will have claims for
.breach of- contract and specific performance against the other in
addition to any other remedy provided under this Ordinance or
otherwise provided by law, except that no remedy that would have.
the effect of amending the specific provisions of --this
shall become effective without such action as would be necessary to.
- '=Ormally amend ,the'Ordinance:
- -- --.35
11.2. In the event that the Licensee violates any terms o
this Ordinance for conduct that is subject to the exclusive
jurisdiction of a Competent Authority other than the City, the sole
remedy for such violation shall be before that other Competent
Authority. For purposes of determining the applicability of this
Section 11.2,
no provision of this
Ordinance may
be used as the
sole basis
to
defeat the exclusive
jurisdiction of
such Competent
Authority.
11.3. - In the event that the Licensee violates any term of
this Ordinance for conduct that is also a violation of another
applicable City ordinance, the Licensee shall be subject to
remedies under that other ordinance plus ordinary contract remedies
under this Ordinance. Licensee shall not be subject to be fined
under both Section 11.6 of this Ordinance and another ordinance of
the City for the same conduct.
11.4 Subject
to the limitation of
Section 11.2,
at the option
of the City, upon
the finding by the
City that the
Licensee has
failed or refused to observe any. terms and conditions of this
Ordinance, the City may notify the Licensee in writing of the terms
and conditions which it has not observed. The notice shall inform
the Licensee of the actions which the Licensee must take to correct
the violation and shall grant the Licensee a reasonable period of
time to cure such failure or violation, _ _ In the case v of , an
emergency, the notice need not be made in writing. If a_ C_o_mpet�n+ent
-. - � - — _ ••_ - �- .. _ .�-T .r a �... r -- _ � .. -rya--.?r..._ � � _ �•.I .ii�'
Authority other than the City has determined that the action giv' _
rise to the City•s notice constituted -a .violation of an applicable
--_ - ;.36
rule; regulation "or- order of such Competent Authority, then the
cure' period - granted - by the City shall be no less than the cure
period ordered by such Competent Authority. If the Licensee does
not eliminate or correct such failure or violation in accordance
with the notice, the Licensees rights under this Ordinance may be
forfeited or the Licensee may be subjected to any other remedies
afforded by this Ordinance, including the assessment of fines.
11.5 In the event that a Competent Authority revokes or
suspends any license, certificate or other authorization held by
the Licensee for the purposes of either operating any portion of
its Utility Facilities -within the City or providing electrical
service within the City, then the Licensee's rights under this
Ordinance shall likewise be revoked or suspended, without further
notice from the City. The Licensee's rights under this Ordinance
shall be reinstated (1) if the Competent Authority rescinds its
revocation or suspension; (2) if the revocation or suspension order
is overturned upon review by a Competent Authority; (3) if the
Competent Authority reinstates the Licensees license; or (4) if
the suspension expires of its own terms. The original termination
date of this Ordinance shall not be affected if the rights
forfeited under this Ordinance are reinstated as provided herein.
11.6 If, after failing to correct a violation of the terms
and conditions of this Ordinance in accordance with the notice
issued to the Licensee under Section 11.4, the Licensee is found
guilty of violating any provision ~ofvthis Ordinance for which the
City is a Competent Authority, then the Licensee shall be fined not
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less than One Hundred Dollars ($100.00) nor more than Five Hundre
Dollars ($500.00) for each. offense,. and a separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues. -
SECTION 12. NON -DISC TION AND EQUAL OPPORTUNITY
12.1 Non -Discrimination. The Licensee represents that it
will not discriminate against any person employed or seeking
employment with respect to hiring, promotion or tenure, or to
terms, conditions or privileges of employment, on account of race,
color, sex, religion, national origin or ancestry, including,
without being limited to, any employment practice whereby the
Licensee or any agency engaged or used by the Licensee makes
inquiry with respect to the race, color, sex, religion, nation
original or ancestry of any applicant for employment by_the-
Licensee.
12.2 Affirmative Action.
12.2.1 The Licensee shall make good faith efforts to
expand opportunities for minorities and women in all areas of ..
employment, including but not limited to: hiring, promotion,
recruitment or recruitment advertising, compensation, and
selection for training and apprenticeship.
12.2.2 The Licensee shall continue and expand - its-
minority purchasing program and its efforts to�promote ,and.
enhance contracting opportunities for minorities. _
---- 38 --
SECTION 13. LAWS, RULES AND REGULATIONS
13.1 Compliance with Laws. Rules and Recrulations. While this
Ordinance remains in effect, the Licensee shall promptly and fully
comply with all applicable statutes, ordinances, judgments,
decrees, orders, rules and regulations of any Competent. Authority
other than the City having jurisdiction over the Licensee's
activities.
13.2 Compliance with Municipal Ordinances, Rules and
Reculat ons. While this Ordinance remains in effect, the Licensee
shall promptly and fully comply with all applicable orders, rules,
regulations and ordinances of the City.
13.3 Violation of Laws. Rules and Regulations. Any claim by
the City that the
Licensee
has violated any provision -of
this
Section 13 .. shall • be
subject
to the procedures . set forth in
Section
11 of this Ordinance.
SECTION 14. INDF.aapICATION, INsuRANCE AND -PERFORMANCE SECURITY
14.1 Jndemnification. The Licensee shall indemnify, -become
responsible for and forever save harmless -the City, its boards;
committees, commission, officers, agents and employees from any and
all Liability incurred by them:
14.1.1 for loss or damage to property of -the Micensee,
its officers, agents, employees, licensees and inviteei-in the
Public Ways or on Public ;Property _-pnrsd;_i t- to tiffs -0rd Tian e =
or .for injury to- or- -death ." of �any.:�sucii=:employee; agent'vz�-_-
` licensee -=while ``in` =the ---Public= Ways or -7 on ._Public 'Property -
_.39 -
pursuant to this Ordinance, however arising; and
14.1.2 arising directly or indirectly from any act or
omission of the Licensee or any Person acting on its behalf
done or claimed to have been done by virtue of or pursuant to
this Ordinance or by virtue of or pursuant to order, rule,
regulation or authorization by the ICC.
14.2 comprehensive Liability Insurance or Self -Insurance,. At
all times while this Ordinance remains in effect, and in
recognition of the indemnification provided in the foregoing
Section 14.1, the Licensee shall, at its own cost and expense,
maintain a program of third party liability insurance and/or self-
insurance to protect the City, its officers, employees and agents
from any liability forbodily injury, death, and property damage
occasioned by the activities of the Licensee under this ordinance.
As proof of compliance with this requirement, the Licensee shall,
during the life of this ordinance, keep on file with the Clerk a -
certificate of insurance and/or an affidavit of self-insurance.
Said certificate and/or affidavit shall show the types and amounts -
of coverage. Any affidavit of self-insurance shall be signed by an
employee or officer of the Licensee who has knowledge of 'the=
Licensees self-insurance program and is authorized to make
representations as to the scope of said program, and shall -contain
a statement making such representations.
14.3 : _Indemnification Security. As security - -for - the -
indemnification required _ in -- Section 14.1, -the Lid ensee ='shall,
during the life --of --this _Ordinance, .-keep on file' -_with ' the -Clerk..
` - -40
good and sufficient bond in the penal sum of Five Thousand Dollars
($5,000.00) conditioned to protect and indemnify the City as
provided in Section 14.1. Said bond shall be subject to the
approval of the Corporate Authorities. The City reserves the
right: (1) to require the Licensee to renew said bond whenever, in
the opinion of the Corporate Authorities, such action may be
necessary; and (2) to require the Licensee to increase the amount
of said bond or to provide additional or other security in the
event said bond is insufficient to fully cover a claim made against
it, provided that the amount of the increased bond does not exceed
the -total amount of the claim made against it, and provided further
that the value or amount of such other or additional security does
not exceed Five Thousand Dollars ($5, 000.00) or the total amount of
the claim made against -the original bond, whichever -is'greater.
SECTION 15. MISCELLANEOUS PROVISIONS
15.1 Transfer and Assicnment.
15.1.1 Except in the event of the merger, consolidation-'
or reorganization of the Licensee, the Licensee shall not have
the right to assign its rights and privileges under this
Ordinance or to otherwise transfer it in any manner
whatsoever, without the prior written approval of the City,
.Pursuant to an ordinance enacted 'by- the Corporate Authorities:
.13.1.2 In -the event of a transfer-: or assignment - of -the
Licensee • s rights and -privileges � wide= --this Ordinance, "aIl"
provisions -of -=this.Ordi.nance ;which are obligatory upon'_,,!"_
g
41 -
which inure to the benefit of, the Licensee shall also -be#
obligatory upon and shall inure to the benefit of any and all
successors and assigns of the Licensee.
15.2 Ordinance as Contract. This Ordinance shall have the
effect of and shall be a contract between the City and the Licensee
and shall be a measure of the rights and obligations of the City as
well as of the Licensee.
15.3 Ordinance Recuirements as ooluntary Undertaking. The
Licensee and the City understand that the general operations of the
Licensee are under the jurisdiction of the ICC and the FMC. The
Licensee has voluntarily agreed to perform the duties and
obligations set forth in this Ordinance, provided that such
performance does not violate any applicable regulatory standard or
any applicable statutes, ordinances, or judgments .or decrees -of
administrative or judicial tribunal.
15.4 scone of Ordinance. No privilege or exemption is
granted or conferred to Licensee by this Ordinance unless
specifically provided herein. The permission and authority granted
by this Ordinance are not intended to limit or. -modify any
agreement, franchise, license or permit previously granted by the
City to any other Person for, .the use or occupancy of the Public
Ways, and the Licensee shall therefore exercise the rights granted
by this Ordinance in such a manner, as..shail-neither unreasonably.
interfere with the rights, nor endanger or Umpair theproperty, of
other contractors, franchisees, _licensees andtpermittees_in the
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Public Ways. The City agrees to require other contractors,
franchisees, licensees and permittees of the City to exercise their
rights under such agreements, franchises, licenses and permits in
such a manner as shall neither unreasonably interfere with the
rights nor endanger or impair Utility Facilities of the Licensee
located in the Public Ways.
15.5 ESpenses To Be Borne By Licensee. Unless specifically
provided to the contrary, the Licensee shall be responsible for
procuring, through rates or otherwise, the revenues necessary to
meet the expenses of its performance under and its compliance with
this Ordinance.
15.6 Most Favored Nations Provisions.
13.6.1 In the event that the Licensee accepts from.any_
Illinois municipality, other than the -City -of Chicago,, an
electric ordinance or amendments to an electric ordinance
containing terms, conditions or provisions different from
those contained in this Ordinance, or if any other arrangement
is
at any time made with
any municipality
other
than the City.
of
Chicago, the Licensee
shall inform the
City
in writing of
such fact and provide a copy of such ordinance or other
arrangement to the City. If, within 90 days of such notice,
the City adopts such other electric ordinance or other`
arrangement of such other municipality, the Licensee- agreesJit
will accept such ordinance or other arrangement., _ In such
event, the term of the new ordinance will expire at the time
-. the original_=ordinance was scheduled. -to =expire, unless -
43
.vim
otherwise agreed by the parties. This provision shall not#
apply to the term of the ordinance if the term is for more
than 50 years.
15.6.2 In the event that the City grants any benef it to
any other electric utility regarding the use of the Public
Ways, such benefit shall be offered in writing to the
Licensee, under the same terms and conditions, within 30 days
after it has been granted to such other electric utility. If
the Licensee requests the extension of the benefit to it, the
City will take such steps as to provide such benefit to the
Licensee under the same terms and conditions, including
amending this Ordinance accordingly.
15.7 Severabilitv,. If any section; -paragraph, clause or
provision of this Ordinance shall be held invalid, the invalidit
of such section, paragraph, clause or provision shall not affect
any of the other provisions of this Ordinance.
15.8 Rerealer. All ordinances, resolutions or orders, or
pants thereof, in conflict with the provisions of this Ordinance,
or containing provisions granting any right, privilege or license
to the Licensee or to any of its predecessor companies, including
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,+ passed
March 5, 1957, are hereby repealed. However, any claims for
indemnification timely .andproperlymade-.under that last named
-
44
is
2.3 The provisions of this Ordinance shall be read as a whole
so as to effect the purposes of this Ordinance.
2o4 Section headings are descriptive and used merely for the
purpose of organization. Where inconsistent with the text, section
headings are to be disregarded.
SECTION 3. RIGHTS GRANTED
3.1 Grant of R3.cht to Use Piibl c Ways and Public Property.
The City hereby grants to the Licensee the right, permission and
authority to construct, operate and maintain in and through the
City its Electric System and to construct, operate and maintain all
such Utility Facilities as may be necessary or convenient for such
Electric System, in, upon, along, over, across, above and under the
Public Ways and Public Property in the City, for the period of time
and upon the terms and conditions hereinafter specified.
3.2 Emercencv Access to Public Ways and Public Provertv.
In the event of an emergency which the Licensee reasonably believes
poses a threat of immediate harm to the public or to any of the
Utility Facilities, the Licensee is hereby granted access to the
Public Ways and Public Property, without a permit, to ameliorate
the .threatened harm. The Licensee shall promptly advise the City
of the emergency.
3.3, J;aemotion 7;'= Parkins Restrictions. While used in the
course of installation, repair and maintenance work on the".IItility
Facilities; Licenseels vehicles shall be exempt from parking
restrictions of the..
-_ -7 -
r
SECTION 4. CONDITIONS OF GRANT
4.1 Construction and Location of Facilities.
- 4.1.1 The Licensee or any Person acting on its behalf
may construct, repair, maintain, renew or replace Utility
Facilities located in the Public Ways, on Public Property, or
on Other Ways, subject to the following conditions:
4.1.1.1 The Licensee shall obtain a permit in
accordance with the applicable ordinances of the City.
• The Licensee shall include with its permit application
such plans and schedules for restoration of the Public
Ways or Public Property as the City may require by
ordinance.
4.1.1.2 The Licensee shall obtain all necessary
approvals from any Competent Authority for the
performance of said work, and such work shall be
performed in accordance with the plans and specif ications
approved or prescribed by Competent Authority.
4.1.1.3 Except as provided in this Ordinance,
neither the Licensee nor any Person acting on its behalf
shall take any action or allow any action to be done
Which may impair or damage the Public Ways, any property
located on the Public Ways, or the Public Property.
_-.-.-.• - - _ . ._ .ter.. _ . -_ '- _ _
4.1.1.4 ._ Neither. the Licensee nor any .person acting
on its behalf may interfere unreasonably with the use of
the Public Ways or Public Property by the general public
or by other Persons authorized to use or be present upon
said Public Ways or Public Property.
4.1.1.5 The Licensee shall provide reasonable
notice to the City before beginning any work in Other
Ways within the City.
4.1.1.6 To the extent practicable, the Licensee
shall notify the City of plans to undertake any
construction, repair, maintenance or replacement- of
Utility Facilities in conjunction with the .annual
planning meeting provided for in Section .7.8.. This
notice shall be in addition to any other notice
requirements imposed by other applicable ordinances. The
notice requirements of this paragraph do not apply to the
installation of lateral service connections to individual
customers.
4.1.1.7 1 In the event of an emergency, --if prior
acquisition of formal authorization is not possible, the
Licensee or any Person acting on its behalf may undertake
the work described above without first acquiring formal
authorization, provided that the -Licensee uses its best
efforts to contact the ,{Municipal Emergency Electric
Representative prior to performing such work and provided
further thate-,Licensee : shall _:apply for such formal
authorization at the earliest reasonable opportunity.
4.1.2 All Transmission and Distribution Facilities
erected hereunder shall be placed in alleys wherever
practicable so to do, and shall be so- placed, wherever
located, so as not to interfere unnecessarily with travel on
or access to the Public Ways.
4.1.3 Unless specifically permitted by the City, all
Utility Facilities erected under this Ordinance shall be
located so as not to injure any drains, sewers, catch basins,
water pipes, pavements or other public improvements.
4.1.4 All poles shall be of sufficient length to be
anchored substantially in the ground and to extend to a height
of at least 25 feet above the surface. Poles shall be
adequately braced wherever necessary.
4.1.3 All wires, conductors, transformers and othes
apparatus that are attached to utility poles shall be at a
sufficient height to preclude interference with free use of
the Public Ways.
4.1.6 Prior to filing any application with a Competent
Authority for the construction of any Generating Facilities or
High Voltage Transmission Lines within the corporate limits of
the City, the Licensee -shall meet with the City to discuss
such -plans. - - -
-• -- � 4:1.7 .. Utility'- -- -
A ty "Facilities iii the Public = Ways �-that�-
- have been,- or are "at" any _ future time acquired-ieased-. or--,
MKO
10
utilized in any manner by the Licensee are thereupon to be
deemed authorized by and shall be subject to all the
provisions of this Ordinance.
4.1.8 Except as otherwise provided herein, the Licensee
shall not be required to change the location, the height
above, or the depth below the Public Ways of those Utility
Facilities in place as of the effective date of this
Ordinance.
4.2 Relocation or Removal of Facilities.
4.2.1 Upon receiving at least 30 days notice from the
City, the Licensee shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of
any Utility Facilities in Public Ways or Public Property
whenever the -.Corporate Authorities shall have determined that
such removal, relocation, change or alteration: (1) is
reasonably necessary for the construction, repair,
maintenance, improvement or use of such Public Ways or Public
Property; (2) is reasonably necessary for the location,
construction, replacement, maintenance, improvement or use of
other property of the City; or (3) is reasonably necessary for
the operations of the City. The City agrees to engineer the
projects in the Public Ways or Public Property -either so as
not to" require any such removal, relocation, change -or.
alteration or, if --that is not reasonab�l�y feasii)le, so - as . to'--.:
�i 1 � T '' � _ -�i/ �.� ti ✓ �. ifs: 1'~ � - -_
minimize the Licenseels expenses in -making such removals,-._ -
cbAn4ezi o=`altei-ab:,The - Licensee -will-aot be responsible
--
for the expense of removals, relocations, changes or
alterations required by the City primarily for the purpose of
assisting either private projects or a municipal electric
utility.
4.2.2 Whenever it shall be necessary for the City or any
other Person to move along or across the Public ways, any
vehicle, equipment, structure or other object of such height
or size as' will interfere with any of the Licensee -*s Overhead
Facilities, the Licensee shall temporarily remove such
Overhead Facilities from such place as must necessarily be
crossed by such vehicle, equipment, structure or other object,
provided that: (1) the Licensee shall receive at least 24
hours notice thereof from the City Electric Representative;
(2) the Licensee shall have received payment for such removal,
where payment is required; and (3) such temporary removal
shall be done at such time of the day or night as will least
interfere with the Licensee's use of such wires and poles for
the benefit of the inhabitants of the City and the successful
operation of the Licensee's Electric System. It is understood
that the Licensee shall bear the expense of any such temporary
removals for projects being undertaken by or for the benefit
of the City or its agent and that the - expense of all other
such temporary removals shall be borne by the Person
requesting such removal. All questions -as to the.time.:when='
any of said wires and poles shall be so cut, removed_or_-
adjusted for.,the the purpose_:: aforesaid _ -shall _be. - -: decided by,� theme
zs1 :sue=
-2 2 - _-
Municipal. Electric .Representative, and such .decision shall be
f i.nal .
4.3 Restoration of Public Wags or Public Property.
4.3.1 When the Licensee, or any Person acting on its
behalf, does any work in or affecting the Public Ways or
Public Property, it shall, at its own expense, remove any
obstructions therefrom and restore such Public Ways or Public
Property to as good a condition as existed before the work was
undertaken, unless otherwise directed by the City.
4.3.2 If weather _ -or other conditions do not permit the
complete restoration required by this paragraph, the Licensee
may temporarily restore the affected Public Ways or Public
P3foperty upon .receiving the approval of the_CityElectric--
Representative,, provided that such approval shall not --be
unreasonably withheld. Such temporary restoration shall be at
the Licensee's sole expense and the Licensee shall promptly_
undertake and complete the required permanent restoration .-when-.-
the weather or other conditions no- -longer . prevent :_such.
permanent restoration. _
4.3.3 Upon the request of the City, the Licensee shall
restore the Public. Ways or-. Public Property to. a better.
condition than existed . before -.the -work was " undertaken;
provided that .the City .shall bear. any additional costs ofs=cit;:
restoration.
4.3.4 If the Licensee fails to restore the Public Ways
or Public Property or to remove any obstruction therefrom, as
required by this paragraph, the City may, after communications
with the .Edison Representative and after affording the
Licensee a reasonable opportunity to correct the situation,
give seven days written notice to the Licensee, and thereafter
restore such Public Ways or Public Property or remove the
obstruction therefrom. No such prior written notice shall be
required in the event that the City determines that an
emergency situation exists. The Licensee shall pay the City
for any such restoration or removal within 14 days after
receiving a bill from the City for such work.
4.4 Trimminc of Trees and Vecetation. From time -to -time,
when- the Licensee believes it to be warranted by existing
conditions, the Licensee shall, at its own expense, cause the trees is
and vegetation growing upon or overhanging any of the Public Ways
or Public Property in the City where Utility Facilities are erected
to be trimmed in such a manner that there shall be a proper
clearance between the nearest wires or equipment and any portion of
the trees or vegetation. The trees and vegetation shall be trimmed
so that no branches, twigs or leaves come in contact with or in any
way interfere with -the Utility Facilities. The Licensee shall
notify =the City Electric Representative no less - than seven -days
before it-- plans : to- perform"such work. - The City' -Electric
Representative shall approve the time, place and manner- of-:
perf orming such work.
14 -
4.5 Tree Location PTovram-
4.5.1 Tree Removal and Reolacement,. The Licensee and
the City agree to develop a cooperative program for the
removal and replacement of certain municipally owned trees
located in the Public Ways or on Public Property which
conflict or potentially conflict with the Overhead Facilities.
The trees to be removed and replaced shall be designated by
the City after consultation with the Edison Representative.
Within 30 days after receipt of a written notice from the City
of trees to be removed, the Licensee shall schedule a removal
date acceptable to -the City, and shall remove the designated
trees and dispose of all tree brush except that the City shall
dispose of allstumpsand logs over four inches in diameter_..
The City shall purchase, plant and maintain all trees planted
pursuant to the tree removal and replacement program, and_the:
Licensee shall reimburse the City for one-half of the City-s-
cost of tree replacement, up to a maximum amount of $125 per
tree. The reimbursement shall be made.to the City within_60-
days after the Licenseels receipt of a written request for -
reimbursement.
4.5.2 =ee Selection. The City agrees to implement a__
policy for the purpose of regulating tree planting - on ,the
Public Ways or Public Properties ,so as to .allow only: such low
growing tree species ..-as will -not; .attain a, -mature. height
. _' _. .. - �-.-- � _ � .- • + - -.� a-- ... � aT :n. ev. � �+� �Yr. � iw t..i114 _
will conflict with ,.primary _- electrical , ,lines, : and , there v. -
- require _line Cl@aranCeSuch policy -shall not=�
--- - -_
-Z
preclude planting upright, columnar or pyramidal shaped trees
to the side of power lines, thereby avoiding the need for
severe and disfiguring line clearance tree trimming.
405.3 TSee Location. The City agrees that it will
,attempt to locate new trees and other new vegetation on the
Public Ways and Public Property so as to minimize contact with
Utility Facilities'.
4.5.4 Duration of Proaram.'The Tree Location Program
provided for in the foregoing paragraphs shall remain in
effect for the first 10 years of this Agreement, after which
it shall be renewed on terms that are mutually agreeable.
4.6 Use of Utility Facilities.. The Licensee shall, when
requested by the City, (1) permit its Overhead Facilities to be
used for the suspension and maintenance of wires and (2) permit its
Underground Facilities to be used for the running and maintenance
of wires, both as may be reasonably required either by the City or
by other Persons holding a valid municipal license or -other valid
authorization to use the Public Ways or Public Property. Except as
provided in the following sentence, the City shall be entitled to
make such use without charge. Such'use by other Persons, and such
use by
the
City for a proprietary purpose,
shall
be
subject to
such
terms
and
conditions,- including fees,
as
the
Licensee
may
reasonably require. Such use of the Utility Facilities -shall .be
under the supervision and direction of - the - Licensee so as not -to-
materially --interfere with the --Licensees present - or =reasonably--
contemplated ' usage of the Utility inicilities : `_ Such' may not- be -
for the purpose of allowing any Person to transmit or distribute
electricity. The City agrees to save and keep harmless the
Licensee from any and all liability incurred by the Licensee_as.a
result of the City"s use of the Utility Facilities pursuant to this
paragraph. In no event shall the City be responsible for liability
incurred by the Licensee as a result of the use of the Utility
Facilities by other Persons.
4.7 Removal of Facilities. The Licensee shall promptly
remove from the Public Ways and Public Property all above ground
wires and the supports therefor whose use is abandoned and shall
either promptly remove or board up or render reasonably
unaccessible all other Utility Facilities whose use is abandoned..or -
discontinued. The Licensee shall take reasonable steps to prevent
any such non -removed Utility Facilities from -becoming nuisances. _
4.8 Underaroundinc of Facilities. The Licensee will relocate.
its Overhead Distribution Facilities in or on Public Ways and
Public Property in the City, other than alleys, by placing the_
Overhead Distribution Facilities underground, or rerouting them if
necessary; if so requested by the City. The Overhead.Distribution_
Facilities to be placed underground or rerouted shall not exceed
500.feet annually and will be determined by the mutual agreement of
the Licensee and the City; the agreement of the Licenseewillnot.-
.
be unreasonably withheld. Scheduling of the requested work toee�
.- _ .• _ ._ _- ! ^.JY• _... � 1'► :- i ir'.�..ir. Jim
performed will be in accordance with the. Licenseers ..-normal -work,
scheduling practices. The total cost for such work including, but,- -
not limited =to,- material labor .and=averhwidt!shall -not exceed :40 =
r•- - :.ate . - - .. _
percent of the revenues collected by the Licensee in the prior
calendar year for electric service in the City; except that if, on
or before November 15, 1991, the Licensee had made a written offer
to the City to underground its Overhead Distribution Facilities at
the rate of either 500
feet
annually or
2,500 feet every five
years, then the cost of
such
work shall
not be subject to the
foregoing limitation.
The
number of
feet available to be
undergrounded or rerouted in any year which are not utilized may be
carried forward for utilization in future years.
SECTION S. SERVICE CONSIDERATIONS
5.1 Adecuate Suwoly of Power. The Licensee shall at all
times take all reasonable and necessary steps to assure an adequate
supply of electricity to its customers within the City at the
lowest reasonable cost consistent with long term reliable supplies.
The Licensee shall from time to time make such enlargements and
extensions of its Facilities as are necessary to adequately provide
for the requirements of the City and its residents.
3.2 putt' to Provide Electricity. The Licensee shall furnish
electricity within the corporate limits of the City to the City and
to the inhabitants thereof, and to any person or persons or
corporation doing business -in the City. All such electricity shall
be furnished at the rates and under the terms and conditions -as
provided -from ` time=to-time by " the ICC.
5.3'-Nond acriminaticn. The Licensee shall not, as to rates,
charges --"service; -'facilities, rules, .regulations or =in -;.any -=other
-
Orespect, make or grant any preference Pr- .- advantage- - -to any
corporation or person or subject any Person to any prejudice or
disadvantage; provided that nothing in this grant shall be taken to
prohibit the establishment from time to time of graduated scales of
charges and classified rate schedules to which any customer coming
within an established classification would be entitled.
5.4 Maintenance of Facilities.
5.4.1 All Utility Facilities shall be maintained in good
condition.
S.4.2 All Utility Facilities shall be maintained in such
a manner that they *do not create hazardous conditions for the
Public Ways or Public Property.
5.5 service Interruvtions.
5.5.1 The Licensee shall make -all -reasonable _efforts to
prevent power surges and interruptions of service. When power
surges or interruptions occur, the Licensee shall reestablish
service with the shortest possible -delay consistent with
general safety and public welfare. _
S.S.2 The Licensee shall make all reasonable efforts to
notify the Municipal Electric Representative or the -Municipal
Emergency Electric Representative.' of major service
interruptions within the City_ within _ one- ,,hour _ afters the
Licensee learns of such interruption. If. at ,the ti ,.such _
notification is. made, :the Licensee, is..}}mt .able -to r,.-.&Ude =an
estimate of when service_ is expected •tobe_.restoredr such
_ N
Winformation shall.fie = provided rto =rthe ."Mticipal "Elect-
Representative or the Municipal Emergency Representative as -its
becomes available. A major service interruption is defined
as: (1) an outage with an interrupted load of greater than
1,000 R'VA and persisting for 15 minutes or more; or (2) any
outage with a significant impact, as such term may be defined
by agreement between the City and the Edison Representative,
lasting 15 minutes or more.
5.5.3 No less than 24 hours prior to beginning scheduled
maintenance, scheduled repairs or other scheduled work on its
Utility Facilities that may result in an interruption of
electric service to customers in the City, the Licensee shall
make a good faith effort to provide written notice to
potentially affected customers and to the Municipal Electric
Representative of the scheduled time and estimated duration of
-the -work;- V - The -Licensee shall make a good faith effort to
notify potentially affected customers and the Municipal
Electric Representative prior to performing any emergency work
on its Utility Facilities that may result in an interruption
of electric service to customers in the City.
3.5.4 The Licensee shall keep records of interruptions
affecting service within the City. An interruption will be
considered as a failure of any portion of the system or
equipment- whereby the voltage is reduced to less thin .50-
percent - of 'the standard voltage for a period longer .than -one--.
= minute, except -that' where automitic' recl ing- equipmentfee
- used
-only '!aircnit`breaker _lockouts shall - be so considered_
�Ci�•"$.T''1Y3.�__"'�.�Ca_-.'
"�e
C]
r-.yam. _---_ - —a .-. "-- .�• _ �.QL.
unless the ICC promulgates a rule or regulation setting forth
a different standard for defining an interruption; provided
that the Licensee shall notify the City of any _docket opened
,by any Competent Authority that would change the standard, and
provided further that the standard set forth herein shall
remain in effect if the Competent Authority sets no standard
by rule or regulation. The record shall show the date, time
of day, duration, extent and cause of the interruption.
3.5.3 The Licensee shall also maintain records showing
the average customer outage frequency and duration both within
the City and for the Licensee's system as a whole.
5.5.6 Upon the request of the City, but no less than
once a year, the Licensee shall provide the City with reports._
providing the information contained in the records maintained_
pursuant to Sections 5.5.4 and 5.5.5.
5.5.7 On October 23, 1991, the Licensee filed with the
ICC the rider set forth in Exhibit A hereto to provide for a
service policy allowing customers whose electric service is
interrupted because of an operating error or equipment -
malfunction for twelve or more consecutive hours to receive a
credit against the monthly customer charge.
SECTION 6. ECONOMIC AND TECBNOLOGICAL PROVISIONS
6.1 Technolocical Advances. The Licensee shall investigate,
develop and incorporate technological advances into its equipment
and service in its sole discretion and subject to order of
Competent Authority. Upon the request of the City, the Licensee
shall discuss such technological advances at the annual meeting
provided in section 7.8.
6.2 Coaeneration and Small Power Production Facilities,. The
Licensee shall provide, on a timely basis, such information as may
reasonably be required for interconnection with the Licenseels
system by the City, if. the City desires to develop a Qualifying .
Facility, and by any Person doing business in the City that desires
to develop a -Qualifying Facility related to its business in the
City. A Qualifying Facility is a cogeneration facility or small
power production facility which meets the criteria for
qualification set forth in subpart B of 1S C.F.R. 292, as it may be
amended from time to time.
6.3 pemand Side Manacement. The Licensee shall make
systemwide expenditures in connection with the least cost. planning
process of $25,000,000 through 1996 in furtherance of its
recognition of the Cityls strong commitment to energy conservation
and compliance by the Licensee with the least cost planning
provisions of the Public Utilities Act. In addition, to the extent
that Energy Efficiency/DSM programs are identified during the _five
year period described above that are cost -justified -In the :-good
fait_ h judgment of _the _Licensee, the _Licensee _shall -:expend at _least.:Oh'_
- _
an additional $25,000,000 in the implementation of such_programs.
The Licensee shall implement cost-effective Energy Efficiency/DSM
programs, consistent with the_ Licensee's least cost: -planning
requirements as an integral part of the Licensee's provision of
electricity to its customers. Examples of programs which the
Licensee will consider for its Energy Efficiency/DSM program are
home weatherization and the maintenance of appliances and air-
conditioning systems at peak efficiency. The Licensee shall be
required to implement only those Energy Efficiency/DSM programs
that are approved by the ICC and for which the Licensee can recover
from its customers (i) program costs, (ii) offsets for lost revenue
and stranded investment (if any) resulting from such program and
(iii) any appropriate return to the Licensee on such costs, lost
revenues and stranded investments, as approved by,_the.,ICC._ The
Licensee shall provide the City with notice of the specifics of the
Energy Efficiency/DSM programs within two business days of the
ICUs acceptance of the Licensee's proposal for filing._.
6.4 Environmental Protection.. The Licensee shall make such
efforts as it deems necessary to meet the standards. required for
its Utility Facilities in the City to meet applicable federal and
state air and water pollution• laws. Upon the request of -the City;
the Licensee shall discuss such environmental matters at the annual
meeting provided for in Section _ 7.9._ _
6. S Iconom4c sources of POvOr. As part of its
Lprovision of
electricity to, the city, the _Licensee._sbaI Ltak_e -efforts-;*
efforts to obtain -
electric power 'from sources - other_:than = Its Electric System, = vhen � it�
considers obtaining such power to be cost effective and as may be$
required by 83 Ill. Admin. Code, Part 430, as it may be amended -from
time to time. In connection therewith, the Licensee shall make
such adjustments to -its rates as required by the ICC.-
SECTION 7. ADMINISTRATION
7.1 Representatives.
7.1.1 The Licensee agrees to maintain such local offices
and facilities as it deems adequate for the purposes of
providing repair and maintenance services and personnel
available during office hours to address concerns- the City
might have regarding the provision of electric service and the
administration of this Ordinance. The Licensee shall provide
the City with the location and telephone number of the local$
office and-- the name and telephone number of -the Edison
-
Representative.
7.1.2 -The Licensee further agrees to maintain such local
offices and facilities as it deems adequate for the purposes
of providing -the City with 24-hour emergency service
pertaining -to the operation of the Utility - Facilities. The
Licensee shall provide the City with the location and
telephone number of the.local'office, the name -of the Edison
o
Emergency -Representative and -the telephone number or- numbers
►zy.-
at which the Edison Emergency Representative can 'be readied 24- -
- hours-�a
---"
1 A �, yet • !'�` i�.
_ 7 :1. 3 = = The -=City -agrees -to `provide -the Micenseewith ..the
-
r_ _a --_-
- -- - - - 24 --
16
name of the ~�Mtinicipal _ Electric Representative and the
telephone number or numbers at which the Municipal Electric
Representative can be reached during office hours.
7.1.4 The City agrees to provide the Licensee with the
name of the Municipal Emergency Electric Representative and
the telephone number or numbers at which the Municipal
Emergency Electric Representative can be reached 24 hours a
day.
7.1. S The City and the Licensee agree that each one will
promptly notify the other party in the event that any of the
information required. under the foregoing sections is changed,
so as to keep such information current at all times while this
Ordinance remains in effect.
7.2 Facilities Mafl9. Upon the request of the City, the
Licensee shall provide the City with a current map or set of maps,
showing the location of all Utility Facilities installed in or
under Public Ways within the corporate limits of the City provided
that the Licensee shall not be required to prepare new maps to
comply with this provision if no such maps exist.
7.3 nuty to provide Information. The Licensee shall, from
time to time, furnish such additional information as the City.may
reasonably deem to be necessary to enable it to determine whether
the Licensee is complying or has complied with the r�.,.�sions of
this Ordinance, other than those'^ provisions .specified :in= Section
11.2. The Licensee shall not be required to -rA..r de information as.
_ -to which - it' has a 1 privilege -.to .:.refuse �to _=provide.
-25
tvtt
_
7.4 Piaclosnre of Documents or Information. The City agree
that no documents or information provided to the City by the
Licensee in accordance with this ordinance shall be made available
to the public if such documents or information are exempt from
disclosure under the provisions of the Freedom of Information Act
or Section 5-108 of the Public Utilities Act, as such statutes may
be amended from time to time.
7.-S Insoection of Facilities. The Licensee shall permit the
City, at reasonable times and upon reasonable notice, to inspect
the
Utility Facilities within
the
corporate
boundaries of the
City
so
as to determine whether
the
Licensee
is complying or
has
complied with the provisions of this Ordinance other than those
provisions specified in Section 11.2.
7.6 Sucerintendent of Public Works. The Superintendent o
Public Works, or such other person as'the Corporate Authorities may
designate from
time
to time, is hereby
designated the official of
the City having
full
power and authority
to take appropriate action_
for and on behalf of the City to administer and enforce the
provisions of this ordinance and to investigate any alleged
violations or failures of the Licensee to comply with the
provisions hereof or to adequately and fully discharge its
responsibilities and obligations hereunder.
7.7 Aotices. -
_ -- -- ---
7.7.1 not ce to City. unless otherwise specified
.1..1,«
herein, all notices from the Licensee to the City**s�under
__ — _ .. ��—rr.... - — _ — ....�_..•�t� M - — �.. ��.iM� ��..I.y..�i+_}iif -�.si%-.�,.l�� —
ordinance shall~ be made in �writing £ and delivered �t_ o
_
I
Kirsten Davis at the following address:
Ms. Kirsten Davis
City Clerk
_City of _ _ Evanston _ ..
2100 Ridge Avenue — - -�
.Evanston, Illinois 60201
7.7.2 Notice to the Licensee.
Unless otherwise
specified
herein,
all notices from
the
City under
this
ordinance
shall
be made in writing
and
delivered to
Ms.
Kathryn Houtsma, Director, Regulatory Affairs, at the
following address:
Ms. Kathryn Houtsma
Director, Regulatory Affairs
Commonwealth Edison Company
P.O. Box 767
Chicago, Illinois 60690.
7.7.3 Chances in Person or Place for Notification.
In the
event that either
the City
or the.Licensee changes
-.the.
person
to whom written
notices
are to be directed or.
the
address to which such notices are to be sent, the party making
the change shall promptly notify the.other party. of -such
change in writing.
7.7.4 All notices shall. be effective .upon their .receipt-
by the person or persons to whom they are -directed. -
7.8 coordination of cohstruction Activities.. The -Licensee
and the City agree to exercise their best efforts to -coordinate to
-the extentrpracticable_the timing of construction activ ties,.oft
each so as to Minimize ze any public-. inconveniences__ thati_ht,
- - - .. � S sue- _ � _ � _ -T-t• .. - ; - � - _ - _ - _ -. --- — - -
otherwise occur. In con junction:._with- this goal,♦��h� �y_.:.:after-
of each year, as.i:agreed rb�ythe arties;-�the;i.i nsee
_ --
L• --��--�.-=:e .-?yGi.'w- •• _ _- �� __ _ _ - _ --+tic
shall meet with the City and such other users of the Public Ways . ago
may be invited by the City to discuss scheduling of construction in
the Public Ways in that calendar year.
7.9 Annual Keetinc. No less than once -a year, the Licensee
shall attend a meeting of the Corporate Authorities to provide a
status report of the Licensee's activities within the City during
the previous year, to outline its planned activities for the next
year, and to answer questions the Corporate Authorities may have
regarding the Licensee's performance under this Ordinance.
7,10 Notice of Boundary Chances. The City agrees to notify
the Licensee in writing of any ordinance, statute or court or
administrative action that causes a change in the City's
boundaries. Failure to give such notice excuses the Licensee both
from non-compliance with this Ordinance and from the non -collection
of municipal utility -taxes within --the area affected until such
notice is given.
7.11 Notice of Reculatory Chances. In the event that either
the ICC or the FERC opens a docket or proposes an administrative
rule that 1). would directly affect the Licensee and 2) would, in
the Licensee's opinion, be inconsistent with or change any
provision of or -duty under this Ordinance, the Licensee, within
seven days of determining such inconsistency, shall notify the City
of such docket - or - proposed rule and -what it th r is the
inconsistency: The' Licensee shall - make a ' good- faith effort to
::�_�.=
sdah -determinatio.-n: - and to - give- such notice _prior .-to. the _ expirati- -
o!--any intervention period or "comment .`period.
-28-
- - -
• 7.12 Notice of Actions Before comfletent Authorities. In the
event that the Licensee becomes a party to any proceedings of a
Competent Authority that 1) would directly affect_the. Licensee and
2) would, in the Licensee's opinion, be inconsistent with or change
any provision of or duty under this ordinance, the Licensee, within
seven days of determining such inconsistency, shall notify the City
of such proceeding and what it thinks is the inconsistency. The
Licensee shall make a good faith of fort to make such ' determination
and to give such notice prior to the expiration of any intervention
period or comment period.
7.13 Notice of Reauests- for Rate Chancres. The Licensee
shall notify the City of any applications the Licensee may make to
the ICC to effectuate any change in its rates, including the riders
thereto. The notice shall be made in accordance with the notice -
provisions of this ordinance, and shall be sent no later than two_
business days following the date on which the rate application is,
accepted for filing by the ICC. For each rate or charge affected
by the application, the notice shall contain a statement of the. -
existing rates or charges and all proposed rates or charges. -1f..
the proposed rates or charges are. to be phased in over a period of
time, the notice shall also contain a statement of the proposed
rates or charges for each increment and the time -period each._
incremental increase is to be in effect. Upon the written requy
of the City, the Licensee shall send_ the City` .a aopy_d oft
complete application filed with the ICC.. This provision shall_not
apply to applications filed :solely _for` the .pnipose : of effectuating=_
municipal utility taxes.
SECTION 8. COMPENSATION
8.1 Municival Comvensation. The Licensee. will during each
calendar year
throughout
the
life of
the Ordinance, supply
without
charge to the
City such
an
amount
of electric energy as
may be
reasonably necessary for: (1) lighting . and various other uses in
municipal buildings solely occupied for municipal purposes and not
for purposes of revenue (or such part thereof as may from time to
time be so occupied) as may be identified as eligible for such
electric energy. by the parties; and (2) traffic signals. The
foregoing arrangement shall be effective beginning with readings
made after the date hereof of meters measuring electric energy for
the above purposes at locations set forth in Exhibit B hereto.
Exhibit B shall be amended from time to time during the term of
this Ordinance so as to maintain a current list of the locations
and traffic signals eligible to receive service under the terms of
this section. None of said electric energy so to be supplied
without charge to the City shall be used by the City for heating,'
street lighting, water pumping or other such power purposes. Nor
shall any of said energy be resold for any purpose whatsoever.
8.2 Ra ver of Certain Fees and Charces. The consideration
provided to- the -City by this Ordinance shall be in lieu of: (1) any
permit; licezise, inspection �`or other similar fees or charges
imposed by stile -City to 'Persons for- use of the Public Ways; or -(2}
an ermit or 1 ^'~ -' -
any-permit -license!' .imposes by~the City upon any Persons for _
WNW
,ems. �`�_ �._ .F+.. �--�•-= -
the; operation of a business similar to that conducted by the
Licensee.
SECTION 9. MUNICIPAL RIGHTS RESERVED
9.1 police Powers. The City expressly reserves the right to
adopt, from time to time, in addition to the provisions contained
herein, such ordinances, rules and regulations as the Corporate
Authorities may deem necessary in the exercise of the police power
for the protection of the health, safety and welfare of the City0s
citizens and their properties.
9.2 Requlation of -Public Aays and Public Property. The City
expressly reserves the right to enforce reasonable regulations
concerning access to or use of the Public Ways or Public Property,.
as
requirements for permit applications.
may from time to time be provided by ordinance, including
9.3 Municipal Aca'uisition of Facilities.
9.3.1 Purchase. At any time while this Ordinance
remains in effect, upon written notice from the City to the
Licensee, the City may offer to purchase from. the Licensee any
or all of the Utility Facilities located within the City, or
any lesser interest thereof, free and clear of all mortgages
and other liens in any manner provided for by law. _
9.3.2 =demnation. Nothing herein shall be deemed
construed to impair or affect, in any way or to any -exert
the right of the City to acquire the property of the Licensee`— _
- Ail' a.s'•i:.�.tf+'J
either by purchase - or through the =exereseothe; righto -�
31 - -
eminent domain, and
nothing
herein
contained
shall be
construed to contract
away or to
modify
or abridge,
either for
a term or in
perpetuity,
the
City's right
of
eminent domain.
9.3.3
Continuation
of
Service. In
the
event the City
takes
any action
pursuant to this
Section
9.3, the
Licensee
agrees
that it
shall continue to
supply
electric
service
within the
City and shall
continue to comply with
the
provisions
of this Ordinance
until the acquisition of
the
Utility Facilities has
been finalized
and the ICC
has
authorized the Licensee
to discontinue
service within
the
City-.
9.4 Non -Exclusive Grant.
9.4.1 Nothing in this Ordinance shall be construed to
grant the Licensee an exclusive franchise to operate within
the corporate limits of the City.
S.4.2
The City reserves
the right to make
a similar use
or grant a
similar use in the
Public Ways to any
other Person.
9.4.3 The City agrees to require all other contractors,
subcontractors, franchisees, licensees and permittees in the
Public Ways not to interfere unreasonably with the rights of
the Licensee in the Public Ways.
9;S Itiaht to Compete -with Licensee. Nothing in this
ordinance shall be construed as a waiver of the City"s rights_to
own and 'operate an electric utility in compet�iyti{o,,.n with the-
__ —
Licensee or to acquire any or -all of the =_Licensee • s --Utility - -- -
� e.... -• ^ L ' i.f -ems. -+r _.�^� I
Facilities iri such manner as may from time to.:time.be provided by,
-32
��'-�'�== "-- - --- - _ � � - - --..~- _ -- _ - { - _mom._.;:.;..:_....._ . ` • _ - - - . _. .. _..._.i,.� :-3e�:- -
ordinance survive this repeal.
15.9 Force Maieure. The Licensee shall not be deemed in
violation of this Ordinance for the delay in performance or failure
to perform in whole or in part its obligations under this Ordinance
due to strike, war or act of war (whether an actual declaration is
made or not), insurrection, riot, act of public enemy, fire, flood
or other act of God or by other events to the extent that such
events are caused by circumstances beyond the Licensee's control
and are not caused by negligence on the part of the Licensee or any
Person acting on its behalf. In the event that the delay in
performance or failure to perform affects only part of the
Licensee's capacity to perform its obligations under this
Ordinance, the Licensee shall perform such obligations to the
extent it is able to do so in as expeditious a manner as possible.
Licensee shall promptly notify the City Electric Representative in
writing of any event covered by this Section and the date, nature
and cause thereof. Furthermore, Licensee, in such notice, shall
indicate the anticipated extent of such delay and the obligations
under this Ordinance to be affected thereby.
PASSED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS,
this day of 19
AYES:
NAYS:
ABSENT: �- _
QI
_ � - _ -- -- =�- - - - - .���-• - �_4 - -ter-- _ :-..
The customer will be entitled to a reduction in charges for service
equal to the Monthly Customer Charge for any month in which service
to the customer is interrupted for a period of 12 consecutive hours
or more due to any of the following conditions: (i) company
equipment malfunction not caused by weather; (ii) Commonwealth
Edison employee or contractor error; (iii) accident involving
Commonwealth Edison employee or contractor; (iv) damage to company
equipment caused by Commonwealth Edison employee, agent or
contractor; or (v) overloaded company distribution equipment not
caused by customer negligence. If the duration of any service
interruption resulting from any of the causes referred to in items
(i) through (v) is equal to or. exceeds 24 consecutive -hours, or if
there is more than one such service interruption-of-12 consecutive
hours in a month, the customer will be entitled to an additional
reduction in charges equal to the Monthly Customer Charge -for such
month multiplied by the number of increments of 12 consecutive
hours of interruption in -excess of the first such 12 consecutive
hours.' In applying this provision to any outage in a month -in
which the Customer Charge changes,, the Customer Charge in effect at
the start of the outage in question shall be used.
47
,Irk,