T3-92 •
CITY OF ELGIN
KANE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. T3-92
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY -
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 ELGIN, KANE AND COOK COUNTIES, ILLINOIS
ADOPTED BY THE CITY COUNCIL
OF THE
CITY OF ELGIN
THIS 2nd DAY OF December 1992
Published in Pamphlet Form
by Authority of the City Council of
the City of Elgin,
Kane and Cook Counties, Illinois,
this 3rd day of Dec. , 19,9Z .
•
PUBLICATION IN PAMPHLET FORM
STATE OF ILLINOIS )
COUNTIES OF KANE AND COOK ) SS.
)
CITY OF ELGIN )
I, • Dolonna Mecum , certify that I am the
City Clerk of the City of Elgin, Kane and Cook Counties, Illinois,
and as such officer I am the keeper of the records, files and
proceedings of the corporate authorities of said municipality.
I further certify that, as of the date hereof,
Ordinance No. T3-92 , adopted by the corporate authorities
on December 2 , 19_92_, the authorization to Commonwealth Edison
Company 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 Elgin, has been duly
published in pamphlet form in accordance with Section 1-2-4 of the
Illinois Municipal Code.
IN WITNESS WHEREOF, I have hereunto affixed my
official hand and the seal of the municipality this 3rd day
of December , 19 92.
(SEAL)
44) 4
City Clerk
ORDINANCE NO. T3-92
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY
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 ELGIN, KANE AND COOK COUNTIES, ILLINOIS
Be it ordained by the Mayor and City Council of the City of
Elgin, Counties of Kane and Cook, Illinois, as follows:
'
SECTION 1. DEFINITIONS
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.
1.1 'City' is the City of Elgin.
1.2 Licensee is the Commonwealth Edison Company.
1.3 'Clerk' -is the Clerk of the City of Elgin.
1.4 Competent Authority' 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 'Corporate Authorities' is the Mayor and City Council of
the City of Elgin.
1.6 'Edison Representative' is the person or persons
designated by the Licensee to be responsible for the day-to-day
performance of the Licensee's duties under this Ordinance and
who shall be available and accessible to the City for that
purpose during regular office hours.
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1.7 "Edison Emergency Representative is the person or
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
to 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 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/DSM• means applications of
technologies and techniques for increasing the efficiency of
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 •FERC" 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 Facilities" are those Facilities used or
constructed by the Licensee for the purpose of generating or
producing electric energy.
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1.12 "High Voltage Transmission Lines" means power lines
designed to transmit electricity at 138 kilovolts (138 kv) or
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.
„ � r
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 attorney's 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 governmental entity
other than the City.
1.18 "Overhead Distribution Facilities" are poles, wires,
cables and other overhead apparatus used in the distribution
4 -
of electricity of not to exceed 14,000 volts.
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 'Person' 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 Licensee's Electric System.
1.23 Transmission and Distribution Facilities' include all
lines, equipment and structures used in the transmission,
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distribution or sale of electric energy, wherever located.
Transmission and Distribution Facilities include High Voltage
Transmission Lines.
1.24 "Underground Facilities' are Transmission and
Distribution Facilities located under the surface of the
ground, excluding the underground foundations or supports for
Overhead Facilities.
1.25 'Utility Facilities' 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. "Utility
Facilities" 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 words
"may" is permissive.
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2.3 The provisions of this Ordinance shall be read as a
whole so as to effect the purposes of this Ordinance.
2.4 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 Riaht to Use Public 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 Emergency Access to Public Ways and Public Property.
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 Exemption From Parkins Restrictions.
While used in the course of installation, repair and maintenance
work on the Utility Facilities, Licensee's vehicles shall be exempt
from parking restrictions of the City.
7
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 specifications 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.
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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 witriin
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 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 that the Licensee shall apply for such formal
authorization at the earliest reasonable opportunity.
` 9 ` •
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.
4.1.5 All wires, conductors, transformers and other
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 Any Utility Facilities in the Public Ways that
have been, or are at any future time acquired, leased or
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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 reasonably feasible, so as to minimize the Licensee's
expenses in making such removals, changes or alterations. The
Licensee will not be responsible for the expense of removals,
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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 purpose aforesaid
shall be decided by the Municipal Electric Representative,
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and such decision shall be final.
4.3 Restoration of Public Ways 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
Property upon receiving the approval of the City Electric
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 of such
restoration.
4.3.4 If the Licensee fails to restore the Public Ways
or Public Property or to remove any obstruction therefrom, as
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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 Trimming of Trees and Vegetation. 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
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 performing such work.
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4.5 Tree Location Program.
4.5.1 Tree Removal and Replacement. 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 all stumps and 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 Licensee's receipt of a written request for
reimbursement.
4.5.2 Tree 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 trees species as will not attain a mature height
that will conflict with primary electrical lines and thereby
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require line clearance maintenance. Such policy shall not
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.
4.5.3 Tree'Locatiof. 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 Proarata. 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 Licensee's present or reasonably contemplated
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usage of the Utility Facilities. Such use 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 Undergrounding 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 Licensee will not be
unreasonably withheld. Scheduling of the requested work to be
performed will be in accordance with the Licensee's normal work
scheduling practices. The total cost for such work including,
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but not limited to, material, labor and overhead shall not exceed
.40 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 carried forward
for utilization in future years.
SECTION 5. SERVICE CONSIDERATIONS
5.1 Adequate Supply 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.
5.2 Duty 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.
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•
5.3 Nondiscrimination. The Licensee shall not, as to rates,
charges, service, facilities, rules, regulation or in any other
respect, make or grant any preference or advantages 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
r '
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.
5.4.2 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 Interruptions.
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.
5.5.2 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 after the
Licensee learns of such interruption. If, at the time such
notification is made, the Licensee is not able to provide an
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estimate of when service is expected to be restored, such
information shall be provided to the Municipal Electric
Representative or the Municipal Emergency Representative as it
becomes available. A major service interruption is defined
as: (1) an outage with an interrupted load of greater than
1,000 KVA 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. 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.
5.5.4 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 than 50
percent of the standard voltage for a period longer than one
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minute, except that where automatic reclosing equipment is used
only "circuit breaker lockout" shall be so considered, 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.
5.5.5 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.
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SECTION 6. ECONOMIC AND TECHNOLOGICAL PROVISIONS
6.1 Technological 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 ,Cogeneration and Small Power Production Facilities. The
Licensee shall provide, on a timely basis, such information as may
reasonably be required for interconnection with the Licensee's
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 18 C.F.R. 292, as it may be amended from
time-to-time.
6.3 Demand Side Management. 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 City's 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
faith judgment of the Licensee, the Licensee shall expend at least
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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 ICC's
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.
6.5 Economic Sources of Power. As part of its provision of
electricity to the City, the Licensee shall take efforts to obtain
electric power from sources other than its Electric System,
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when it considers obtaining such power to be cost effective and as
may be required by 83 Iil. 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 Emergency
Representative and the telephone number or numbers at which the
Edison Emergency Representative can be reached 24 hours a day.
- 24 -
7.1.3 The City agrees to provide the Licensee with the
name of the Municipal 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.
7.1.5 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 Maps. 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 putt' to Provide Tnformation. 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 provisions of
this Ordinance, other than those matters subject to the exclusive
jurisdiction of a Competent Authority other than the City. The
Licensee shall not be required to provide information as to which it
has a legal privilege to refuse to provide.
- 25 -
7.4 pisclosures of Documents or Information. The City
agrees 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.
7.5 Inspection 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 matters subject
to the exclusive jurisdiction of a Competent Authority other than
the City.
7.6 Superintendent of Public Works. The Superintendent of
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 notices.
7.7.1 notice to City. Unless otherwise specified
herein, all notices from the Licensee to the City under
- 26 -
this ordinance shall be made in writing and delivered to the
City Manager at the following address:
Mr. Larry Rice
City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
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. 0. Box 767
Chicago, IL 60690-0767
7.7.3 Changes in Person or Place for Notification: In
the event that either the City or 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 Construction Activities. The Licensee
and the City agree to exercise their best efforts to coordinate to
the extent practicable the timing of construction activities of each
so as to minimize any public inconvenience that might otherwise
- 27 -
occur. In conjunction with this goal, shortly after January 1 of
each year, as agreed by the parties, the Licensee shall meet with
the City and such other users of the Public Ways as may be invited
by the City to discuss scheduling of construction in the Public Ways
in that calendar year.
7.9 annual Meeting. 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 Changes. 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 Regulatory 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 thinks is the inconsistency. The
Licensee shall make a good faith effort to make such determination
- 28 -
and to give such notice prior to the expiration of any intervention
period or comment period.
7.12 Notice of Actions Before Competent 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 effort to make such determination
and to give such notice prior to the expiration of any intervention
period or comment period.
7.13 notice of Requests for Rate Changes. 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. If 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 request of the City,
the Licensee shall send the City a copy of the complete
- 29 -
application filed with the ICC. This provision shall not apply to
applications filed solely for the purpose of effectuating municipal
utility taxes.
SECTION 8. COMPENSATION
8.1 Municipal Compensation. 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; (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.
- 30
8.2 Waiver of Certain Fees and Charges. The consideration
provided to the City by this Ordinance shall be in lieu of: (1)any
permit, license, inspection or other similar fees or charges imposed
by the City upon Persons for use of the Public Ways; or (2) any
permit. or license fee imposed by the City upon any Persons for 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 City's
citizens and their properties.
9.2 Regulation of Public Ways 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 may from time-to-time be provided by ordinance, including
requirements for permit applications.
9.3 Municipal Acquisition 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.
- 31 -
9.3.2 Condemnation. Nothing herein shall be deemed or
construed to impair or affect, in any way or to any extent, the
right of the City to acquire the property of the Licensee, either by
purchase or through the exercise of the right of 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.
9.4.2 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.
- 32 -
9.5 Right 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 competition with the
_ Licensee or to acquire any or all of the Licensee's Utility
Facilities in such manner as may from time-to-time be provided
by law.
9.6 Small Power Production and Cogeneration. 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 61 years from its effective date, except that, at
the sole option of the City, it may be terminated at the end.of the
15th year prior to the year in which it would otherwise terminate,
provided that the City notifies Edison in writing of its intent to
- terminate within the first three months of the 15th prior 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
- 33 -
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 upon the Licensee 's filing of its acceptance as provided .
hereinabove or upon its passage and publication as required by law,
whichever is later.
10.4 Reopener. 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 any proposed amendment to this Ordinance. The subject
of any proposed amendment shall be set forth in written notice.
10.5 Amendments. Except for the amendments to Exhibit B
required under section 8. 1, no revision, modification or amendment
of this Ordinance shall be effective unless it has been passed by
the Corporate Authorities and accepted by the Licensee in writing.
10..6 Renewal. At any time during the first 60 days of the
last year occurring prior to the expiration date of this Ordinance,
Edison may request the City to enter into negotiations toward
renewing or extending this Ordinance. Any renewal or extension
shall be according to terms 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 under this Ordinance shall be terminated upon the end of
the term of this Ordinance, or at the end of the 15th year prior
- 34 -
to the term of this Ordinance 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 Rights Upon Termination.
10.8.1 Upon any termination of its rights and obligations
under this Ordinance, the Licensee shall not refuse to provide .
electric service to any potential customers 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's
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 Licensee's 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
- 35 -
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 Ordinance shall become
effective without such action as would be necessary to formally
amend the Ordinance.
11.2 In the event that the Licensee violates any terms of
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
- 36 -
•
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 of an
emergency, the notice need not be made in writing. If a Competent
Authority other than the City has determined that the action giving
rise to the City's notice constituted a violation of an applicable
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 Licensee's 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 purpose 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 Licensee's license; or (4) if the suspension expires
of its own terms. The original termination date of this
- 37 -
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 of this Ordinance for which the
City is a Competent Authority, then the Licensee shall be fined not
less than one Hundred Dollars ($100 .00) nor more than Five Hundred
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-DISCRIMINATION AND EQUAL OPPORTUNITY
12.1 gon-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, national origin or ancestry of any
applicant for employment by the Licensee.
- 38 -
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.
SECTION 13. LAWS, RULES AND REGULATIONS
13.1 Compliance with Laws. Rules and Regulations. 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
Regulations. 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.
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SECTION 14. INDEMNIFICATION, INSURANCE AND PERFORMANCE SECURITY
14.1 Indemnification. 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 Licensee, - ,
its officers, agents, employees, licensees and invitees in the
Public Ways or on Public Property pursuant to this Ordinance or
for injury to or death of any such employee, agent or licensee
while in the Public Ways or on Public Property 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 for bodily 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
- 40. -
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
Licensee's 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 Licensee shall, during
the life of this Ordinance, keep on file with the Clerk a 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.
- 41 -
SECTION 15. MISCELLANEOUS PROVISIONS
15.1 Transfer and Assignment.
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.
15.1.2 In the event of a transfer or assignment of the
Licensee's rights and privileges under this Ordinance, all
provisions of this Ordinance which are obligatory upon, or
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 Requirements as Voluntary Undertaking. The
Licensee and the City understand that the general operations of the
Licensee are under the jurisdiction of the ICC and the FERC. 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.
— 42 —
15.4 Scope 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 shall neither unreasonably interfere
with the rights, nor endanger or impair the property, of other
contractors, franchisees, licensee and permittees in the 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 gxpenses 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.
15.6.1 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
— 43 —
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 agrees it
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
otherwise agreed by the parties. Changes in the term of the
Ordinance or arrangement shall be subject to the provisions of
this Section, unless the change in the term is for a period of
more than 50 years.
15.6.2 In the event that the City grants any benefit 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 Severability. If any -section, paragraph, clause or
provision of this Ordinance shall be held invalid, the invalidity of
such section, paragraph, clause or provision shall not affect any of
the other provisions of this Ordinance.
— 44 —
15.8 Repealer. All ordinances, resolutions or orders, or
parts 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, Its Successors
and Assigns, to Construct, Operate and Maintain an Electric Light
and Power System in and through the City of Elgin, Kane and Cook
Counties, Illinois, passed May 26, 1966, are hereby repealed.
However, any claims for indemnification timely and properly made
under that last named ordinance survive this repeal.
15.9 Force Majeure. 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
- 45 -
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 ELGIN, ILLINOIS,
this 2nd day of December , 1992 .
AYES: Councilmembers Fox, Movian, Popple. Walters and Yearman
NAYS: Councilmembers Gilliam and VanDeVoorde
ABSENT: None -
APPROVED:
City Mayor
DATE: December 3 , 1992
(Seal)
ATTEST:
•
Clerk
- 46 - _
EXHIBIT A
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 —
EXHIBIT 'B-I
City of Elgin Municipal Facilities
Location Address
City Hall 150 Dexter Ct.
Fire Facility 550 Summit St.
Fire Facility 650 Big Timber Rd.
Fire Facility 1555 Larkin Ave.
Fire Facility 533 St. Charles St.
Public Works Facility 30 Ann St.
Public Works Facility 20 Ann St.
Public Works Facility S/E Grand in Lords Park
Park Facility Forest & Grand Blvd.
Police Facility Schuler & Commonwealth
Public Safety Kimball St. & CMSPPRR
Pubic Safety Facility National St. Bridge
Administration Facility 35 Ann St.
Memorial Facility 45 North St.
Museum Facility 350 Park St.
ESDA Facility S/E Gifford, 1/N Gasket
ESDA Facility Bluff City Blvd. & Gifford
ESDA Facility Trout Park Blvd.
ESDA Facility 1/N S. May St.
ESDA Facility 300 S. McLean Blvd.
ESDA Facility 1198 N. State St.
Public Works Facility 573 N. Crystal St.
Fire Facility 599 S. McLean Blvd.
Fire Facility 804 Villa St.
_ Fire Facility 2455 Royal Boulevard
ESDA Facility 420 May St.
— 48 —
4r
Exhibit B-II
City of Elgin Traffic Signals
Account # E-UC-76107
Point DI ,Supply Location
0009 Center Chicago
0010 Center Division
0011 Channing E. Chicago
0013 NS Chicago WS Willard
0014 Chicago Douglas Grove
0015 Chicago Grove
0016 Chicago Geneva
0017 Chicago Gifford
0018 Chicago Riverside Drive
0019 Chicago St. & Spring St.
0020 CNR Crystal & Chicago
0021 Ill Rt 31 & Davis Road
0022 Dexter Douglas
0023 Division Douglas
0024 Douglas Kimball
0025 Douglas North
0026 Dundee Congdon
0029 Kimball Dundee
0030 Dundee Lincoln
0031 Dundee Lovell
0032 Dundee North
0033 Dundee Page
0034 Dundee Park
0035 Dundee Slade
0036 Dupage Grove
0038 Fulton Grove Spring
0039 Grove Kimball
0040 Grove National
0041 Grove Prairie
0053 Highland McLean
0067 Kimball Spring
0071 Liberty May -
0080 May St. Charles
0081 • S/W CRNR Fleetwood & McLean
0082 McLean Lillian
0083 National Raymond
0086 North Spring
0094 Spring and Dexter
0095 Spring and Division
0097 State Lawrence
0098 State Wing
0106 Rt 19 Chicago Rt. 25 Liberty
0107 Rt 20 Villa Channing National
0108 Rt 20 Villa Channing National
0110 IL 25 Dundee - Liberty Congdon
- 49 - •
Exhibit" B-II
City of Elgin Traffic Signals
Account # E-UC-76107
point a Sunnly location
0111 IL 25 Dundee Luda
0112 IL 25 Liberty Laurel
0113 IL Rt 25 Liberty IL RT 58 Summit
0115 IL 31 Big Timber
0116 IL 31 State Chicago
0117 IL 31 State Oak
0118 IL 31 State Ryerson Walnut
0119 Route 31 & Davis Road
0120 IL Rt 58 & Hiawatha Drive
0121 IL 58 Summit Street
0122 Rte 58 & Waverly Drive
0123 US Rt 29 & Lyle Avenue
0124 Higland & Center
0125 Highland & Douglas
0126 US 20 Bus - Highland Grove
0127 Highland & Riverside
0128 Highland & Spring
0129 US 20 Bus - Highland IL 31 State
0132 US 20 Gifford
0133 US 20 Lovell Road -
0134 US 20 McLean S. Ramp
0135 McLean Blvd. US 20 N. Ramp
0136 US 20 Villa IL 25 Liberty
0137 US 20 Village Percy/St. Charles
0149 Bluff City Blvd. & Liberty St.
0150 Bluff City Blvd. & St. Charles
0162 15 Spring Street
0167 Larkin & McLean Blvd.
0168 IL Rt 31 & Tollgate Road
0195 Rt 20 Foothill & Randall
0196 Rt 20 Weld Road & Randall Road
0212 W/Rt 31, S/Rt 20 By-pass
0213 1-90 @ Illinois Rt 25
0214 N/W CRNR McLean & Spartan
- 0225 McLean Blvd & Weld Road
0226 McLean Blvd & Wst Bnd Rt 20
0227 McLean Blvd & Wst Bnd Rt 20
0228 McLean Blvd & Wst Bnd Rt 20 _
0229 McLean Blvd & Wst Bnd Rt 20
0230 McLean Blvd & Wst Bnd Rt 20
0231 McLean Blvd & Wst Bnd Rt 20
0232 McLean Blvd & Wst Bnd' Rt 20
0234 S/E Cor Summit Waverly
0385 Larkin Avenue Lyle Avenue
0386 IL 58 Summit Waverly
.
- 50 -
f
STATE OF ILLINOIS ) `
)
COUNTIES OF KANE AND COOK ) SS.
)
CITY OF ELGIN )
I, Dolonna Mecum ,, City Clerk of the City
of Elgin, Kane and Cook Counties, Illinois, do hereby certify that
the foregoing is a true and correct copy of an Ordinance duly passed
by the City Council of said City on the 2nd day of December
, A.D. 1992 , and duly approved by the Mayor of said City on
the 3rd day of December A.D. 1992 , the original of
which Ordinance is now on file in my office.
I do further certify that I am the legal custodian of
all papers, contracts, documents and records of said City.
WITNESS my hand and the official seal of said City
this 3rd day of December , A.D. 19 92.
City Clerk
150 Dexter Court
Elgin IL 60120
Address
(SEAL)
_Elm 1�
�,ofa� ,: _ _. _t- Agenda Item No .
-arV)
October 20, 1992
TO: soli lx and Members of the City Council
at
FROM: Larry L. Ricup city Manager
SUBJECT: Commonwealth Edison Franchise Agreement
PURPOSE
The purpose of this memorandum is to present to the
Mayor and City Council a new franchise agreement with Common-
wealth Edison.
BACKGROUND
In May, 1966, the City of Elgin adopted a franchise
ordinance with Commonwealth Edison (attached) . The ordinance
authorizes the utility to "construct, operate and maintain an
electrical light and power system in and through the City of
Elgin" and also to install "all such poles, wires, conduits
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 . . . " . In ex-
change for the above authorization, the City receives elec-
tric power at no charge at various facilities . The term of
the franchise ordinance is 50 years, expiring in 2016 .
Recently, Commonwealth Edison and the Northwest Munici-
pal Conference negotiated a "model" franchise agreement.
This agreement has been or is being adopted by municipalities
belonging to the Conference. Commonwealth Edison is also
making the "model" franchise agreement available to other
municipalities, including Elgin.
A copy of the "model" agreement is attached. If adopt-
ed, the proposed agreement would have a term of 61 years
(2053) and would replace the existing franchise ordinance
which is scheduled to expire in 2016 . However, the proposed
agreement may be terminated by the municipality 15 years
prior to the 61 year termination date.
T: !1 ..yodel" agreement contains some improvements over
the existing franchise ordinance, including free power for
traffic signals . The value of this item is estimated to be
between $90, 000 and $100, 000 per year. If the "model" ordi-
nance is adopted in 1992, Commonwealth Edison will refund any
payments made for traffic signal power this year. The free
power for traffic signals is in addition to the free power
currently received by the City for certain public facilities .
Another feature contained in the proposed franchise
agreement is a ten year tree planting program whereby Common-
wealth Edison will reimburse the City for one-half the City' s
cost of tree replacement up to a maximum of $125 per tree.
This program is designed to replace those trees which con-
flict with the utility' s overhead wires and poles .
In the new agreement, Commonwealth Edison agrees to
underground its overhead distribution facilities, not to
exceed 500 feet annually. Moreover, the number of feet avail-
able to be undergrounded which are not used may be carried
forward to future years. However, it is the staff ' s under-
standing the cost of any undergrounding will be added to the
electric bills of the utility' s customers in Elgin.
Also included in the franchise agreement is a "most
favored nations provision" which allows the City a right to
accept any changes that are different from those contained in
the "model" franchise agreement which could be granted to
other municipalities except for the City of Chicago.
Ms . Elizabeth Ilickovich will be present at the meeting
of October 28 to review the proposed franchise agreement and
to answer any questions you may have.
FINANCIAL IMPACT
The most significant financial impact if the new ordi-
nance were adopted would be that the City would receive power
for traffic signals at no charge. The value of this power is
calculated to be between $90,000 and $100,000 per year.
RECOMMENDATION
It is recommended that the new franchise ordinance be
accepted and staff directed to prepare the necessary ordi-
nance for the meeting on November 11.
La L. Ri' City Manager
LLR:amp
Attachment