HomeMy WebLinkAboutORDINANCES-1992-024-O-923-19-92
3-23-92
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AN ORDINANCE
Providing Compensation for
The Use of Public Rights -of -Way
WHEREAS, the City of Evanston is a home rule
municipality as defined by Article 7, Subsection 6 of the
Constitution of the State of Illinois; and
WHEREAS, pursuant to such home rule powers, the City of
Evanston has authority to exercise any power and perform any
function pertaining to its government and affairs; and
WHEREAS, in addition to said home rule powers, the City
of Evanston and all other cities and villages in the State of
Illinois, have been granted specific authority relating to the
control of public rights -of -way, including but not limited to,
• the provisions of Division 80 of Chapter 24 of the Illinois
Revised Statutes; and
WHEREAS, said home rule powers and said statutory
authority includes the right to regulate the use of the public
rights -of -way, the regulation of openings in the public rights -
of -way and the prevention of encroachments or obstructions upon
the public rights -of -way; and
WHEREAS, pursuant to its home rule and statutory
authority over the public rights -of -way, the City of Evanston has
heretofore granted franchises to public utilities for the use of
the public rights -of -way, which franchises contained compensation
for the use of public rights -of -way; and
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• WHEREAS, the Illinois Supreme Court has heretofore held
that municipalities have the full right and authority to grant or
withhold franchises for the use of the public rights -of -way; and
WHEREAS, the granting of certificates of convenience
and necessity by the Illinois Commerce Commission does not
deprive municipalities of the right to require franchises and
compensation for the use of the public rights -of -way; and
WHEREAS, in the absence of franchises for public
utilities, said public utilities are not allowed to utilize
public rights -of -way without the payment of compensation as
determined by the corporate authorities of municipalities,
including the City of Evanston;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
• SECTION 1: That Chapter 2 of Title 7 of the City Code
of the City of Evanston be and it is hereby
amended by adding thereto Section 7-2-15 to read as follows:
7-2-15 Payments by Utilities for the Use of Public
Rights -of -Way
(A) The City Council may by ordinance grant franchises to
public utilities, including but not limited to companies
engaged in providing gas and electric service. Such
franchises shall provide for reasonable compensation for the
use of the public streets.
In the event that a company which has previously held a
franchise with the City continues to operate within the
City after the expiration of its franchise, it shall pay to
the City as compensation for the use of the streets a dollar
amount equal to the value of the free service or other
consideration provided to the City during the last franchise
year. Said amount shall be payable in twelve (12) equal
monthly installments on or before the fifteenth day of each
month and shall be in addition to any other fees, charges or
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taxes imposed by the City upon such company under the
provisions of this Code.
Any entity holding a certificate of convenience and
necessity from the Illinois Commerce Commission, which does
not have a franchise and shall fail to make the payments
herein provided shall be fined not less than Five Hundred
Dollars ($500.00) per day for each day it uses the public
streets. The imposition of such fines shall be in addition
to the payment required hereunder, and shall not limit the
City's right to take legal action to recover the payments
required.
(B) Severability Clause: Should any portion of this
subsection (A) be declared invalid or unenforceable, such
invalidity or enforceability shall not affect the validity
or enforceability of the remaining portions of said
subsection (A).
SECTION 2: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
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:
ATTES
/. City Clerk
Ap ved as t for
Corpora 'on Counsel
, 1992
1992
Approved : 2/ 1992
_ ,�3-�--
Mayor