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G80-99 CITY OF ELGIN ORDINANCE NO. G80-99 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BY ADDING CHAPTER 6.86 ENTITLED "EMERGENCY ENERGY PLAN" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF JANUARY 2000 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of January 2000. rak STATE OF ILLINOIS ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on January 12, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. G80-99 entitled "Ordinance Amending the Elgin Municipal Code, 1976, as Amended, by Adding Chapter 6.86 Entitled "Emergency Energy Plan", which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G80-99, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the (!"0'' municipal building commencing on January 14, 2000, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on January 14, 2000. Municipal Clerk (SEAL) Ordinance No. G80-99 Revised AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING CHAPTER 6 . 86 ENTITLED "EMERGENCY ENERGY PLAN" WHEREAS, the City of Elgin is an Illinois home rule municipal corporation as provided for in Article VII , Section 6 of the 1970 Constitution of the State of Illinois and, as such, may exercise any power pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; and WHEREAS, the City Council further finds that it is the most basic and important responsibility of the City of Elgin to insure the protection of the health, safety and welfare of all persons and property within the City; and WHEREAS, the City Council further finds that the City of Elgin, on or about December 2 , 1992 , Adopted Ordinance No. T3-92 and thereby entered into a franchise agreement with Commonwealth Edison Company to use the public rights-of-way and other public property in the City of Elgin in conjunction with the construction, operation and maintenance of an electric system in and through the City of Elgin (hereinafter referred to as the "Electric Franchise Agreement" ) ; and WHEREAS, the City Council further finds that the Electric Franchise Agreement, in Section 9 . 1 thereof, reserves to the City the right and power to adopt, from time to time and in addition to the provisions set forth in the Electric Franchise Agreement, such ordinances, rules and regulations as the corporate authorities of the City of Elgin 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 property; and WHEREAS, the City Council further finds that certain public utilities, including but not limited to Commonwealth Edison Company and such successors in interest as may be the case under the Electric Franchise Agreement, and such other or future suppliers, retailers or distributors of electricity in the City as may be the case, have developed plans, commonly known as "rolling blackout" plans, whereby deliberate service outages would be imposed on portions of the City under certain circumstances, such as when the demand for electricity exceeds the supply; and WHEREAS, the City Council further finds that during the month of June, 1998 , such a public utility, Commonwealth Edison Company, informed the public that, due to weather conditions and unavailability of electricity for distribution, it was prepared to put into action its rolling blackout plan for the City of Elgin; and • WHEREAS, the City Council further finds that the impacts of such rolling blackouts are exclusively local in nature and threaten to jeopardize the public health, safety and welfare insofar as such outages cause interruptions of essential services to the community, such as traffic signalization; operation of water pumping stations; police, fire and public works communications; public medical facilities and equipment, sewer and storm water pumping stations, and other vital government facilities, as well as insofar as such outages impairs the ability of the City to deliver emergency services and response to calls for same; and WHEREAS, the City Council further finds that certain types of governmental and non-governmental facilities and their patients, residents, users and customers, such as hospitals, nursing homes, dialysis centers, persons on life-support systems, schools, high-rise buildings and day care centers are at a particularly high risk if their electrical service is interrupted due to the interruption of power to life-sustaining medical equipment, elevators, alarms, and fire detection and suppression equipment; and WHEREAS, the City Council further finds that since the events of June of 1998 , Commonwealth Edison Company has publicly admitted that its rolling blackout plan was conceived and designed solely for the purpose of protecting Commonwealth Edison Company' s electric transmission and distribution equipment and utterly without knowledge or regard for the vital public facilities and services whose electricity would have been interrupted or for the clear and present danger to the health, welfare and safety of persons and property within the City that would have resulted from the implementation of its rolling blackout plan; and WHEREAS, the City Council further finds that since the events of June of 1998, the City of Elgin has had an opportunity to review Commonwealth Edison Company' s rolling blackout plan that had been expected to have been used within the City, and determined that had such plan been put into action the health, safety and welfare of persons and property within the City would in fact have been greatly endangered; and WHEREAS, the City Council further finds that the City of Elgin needs to know where and when such service outages are likely to be imposed by any electric public utility, whether Commonwealth Edison Company or any successor in interest to Commonwealth Edison Company or any other person or entity that now or in the future that engages in the sale, transmission and delivery of electricity to service addresses within the City, so that public health and safety agencies and other personnel can be deployed quickly and efficiently, and so that alternative means to meet service needs can be deployed quickly and efficiently, and so that alternative means to meet service needs can be sought or implemented; and WHEREAS, the City Council further finds that the City of eft Elgin must be made aware of emergency energy plans developed by any electric public utility, whether Commonwealth Edison Company or any successor in interest to Commonwealth Edison Company or any other person or entity that now or in the future that engages in the sale, transmission and delivery of electricity to service addresses within the City, and must be notified in advance when those plans are implemented, especially when the implementation involves intentional outages, sometimes known as "rolling blackouts, " so that the City may provide necessary services and assistance to the public; and WHEREAS, the City Council further finds that the facts and occurrences of June, 1998 are likely to reoccur and that legislative action to address the potential dangers to the public health, welfare and safety aforesaid and to provide for the same is urgently required; and WHEREAS, the City Council further finds that the requirements on public electric utilities to be imposed by this Ordinance are reasonable and necessary to protect the public health, safety and welfare and are within the City' s lawful powers derived from the 1970 Constitution of the State of Illinois to enact ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . The foregoing recitals and findings, and each of them, are hereby made a part of this Ordinance and are hereby incorporated by reference as if set forth verbatim in this Section 1 . Section 2 . That Title 6 entitled "Business Licenses and Regulation" of the Elgin Municipal Code, 1976, as amended is hereby further amended by adding Chapter 6 . 86 entitled "Emergency Energy Plan" as follows : "CHAPTER 6 . 86 EMERGENCY ENERGY PLAN 6 . 86 . 010 DEFINITIONS . As used in this chapter, unless the context otherwise requires, "Electric utility company" means any person or entity engaged in the business of distributing, transmitting, or otherwise delivering electricity, regardless of its source, for use or consumption within the City. The term shall not eft include any person or entity who delivers electricity to fewer than 50 persons within the City. • "Emergency energy plan" means a planned course or action developed by an electric utility company to be implemented when the demand for electricity exceeds, or is at significant risk of exceeding, the supply. 6 . 86 . 020 SUBMITTAL OF EMERGENCY ENERGY PLAN. Every electric utility company must have adopted an emergency energy plan no later than 30 days after the effective date of this chapter, or within 30 days after becoming an electric utility company, whichever is later. The city manager in the exercise of reasonable discretion, may extend this 30 day period for an additional 30 days for good cause shown. Every such company shall submit to the city manager any emergency energy plan adopted by the company no later than 30 days after the effective date of this chapter, or within 24 hours of the time the plan is adopted, whichever is later. The company shall notify the city manager within 24 hours of any significant revisions to a plan and the rationale for the revisions . Such revisions shall be submitted as soon as is practicable and reviewed in accordance with Section 6 . 86 . 040 of this chapter. ruk 6 . 86 . 030 CONTENTS OF EMERGENCY ENERGY PLAN. The emergency energy plan shall include, at a minimum, information detailing: The circumstances that would require the implementation of the plan; The levels or stages of the emergency plan; The geographic limits of each outage area; The number of customers within each outage area; Identification of customers and facilities within each outage area for which a service interruption would pose increased risk to public health and safety, including but not limited to, hospitals, nursing homes, schools, buildings in excess of 80 feet in height, day care centers, persons on life support systems, radio and communication facilities for police, fire, or public works personnel, sewer and storm water pumping facilities and treatment facilities, and fresh water pumping stations and treatment facilities; and The anticipated sequence and duration of service interruptions . 6 . 86 . 040 REVIEW OF PLAN. Upon submittal of the emergency energy plan to the city, the city shall review the plan to confirm its compliance with Section 6 . 86 . 030 and the other requirements of this chapter and either accept or reject the plan. Such acceptance or rejection must be made by the city, in writing, within 30 days after date on which the plan was submitted. If a plan is rejected, the reasons therefor shall be stated in writing. In such case a revised plan shall be resubmitted within 30 days after notice of the rejection is given. The city shall accept or reject the revised plan in writing within 30 days after the date on which it was resubmitted. An electric utility company is in violation of this chapter if it fails to have in place an emergency energy plan approved by the city within 120 days after the plan was required to be submitted under Section 6 . 86 . 020 of this chapter. 6 . 86 . 050 IMPLEMENTATION OF EMERGENCY ENERGY PLAN. eft Whenever an electric utility company determines that it is necessary to implement an emergency energy plan, the company shall notify the city manager or his or her designee, pursuant to a notification procedure approved by the city manager. The notification shall be made as soon as practicable and shall be made prior to implementation of the plan. The city manager may waive the notice requirement to accommodate exigent circumstances . Notice of the implementation of each level or stage of the emergency energy plan shall be made under this section pursuant to rules promulgated by the city manager. The notification shall be made for each of the following actions : The declaration of a control area emergency; A public appeal for voluntary curtailment of electricity use (the notification shall include the specific wording of the appeal) ; The determination of the need for an intentional interruption of service pursuant to the emergency plan (the notification shall eft include the areas to be interrupted; the sequence and estimated duration of outage for each area; and the affected feeders and number of affected customers in each area) ; and Such other actions requiring notice pursuant to rules promulgated. The notification of such intentional service interruptions shall be made immediately upon the determination that the interruptions are necessary. Whenever practical, the notification shall be made at least two hours prior to the time of the interruption, and in no case shall the notification be made less than 30 minutes prior to the interruption. Notification required by this section shall be in addition to any notification requirements contained in the Electric Franchise Agreement or otherwise required by law. Whenever an electric utility company implements an emergency energy plan, the company shall provide appropriate personnel to staff the city' s emergency response facilities as provided in the city' s Emergency Management Plan. 6 . 86 . 060 VIOLATIONS . Any electric utility company that violates this chapter or any rules promulgated thereunder shall be subject to a fine of not less than $2 , 500 and not more than $10 , 000 for each offense . Each day that a violation continues shall constitute a separate and distinct offense . The city may also apply to any court of competent jurisdiction for an injunction or order to compel the other party to comply with the provisions of this chapter. Imposition of any penalty for violation of this chapter or the imposition of an injunction shall not be construed as a waiver of the right of the city to collect any expenses in providing the services of public health and safety agencies as a result of an electric utility company' s violation of this chapter or rules promulgated thereunder to the extent the recovery of such expenses is permitted by law. 6 . 86 . 070 CONSTRUCTION. Nothing in this ordinance shall be construed to preclude or interfere with the implementation by an electric utility company of measures necessary to assure the provision of adequate, efficient, reliable and environmentally safe service as required by the Illinois Public Utilities Act (220 flow ILCS 5/1-101 et seq. , as amended. ) 6 . 86 . 080 SEVERABILITY. If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. " Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as required by law. Ed Schock, Mayor Presented: January 12 , 2000 Passed: January 12 , 2000 Vote : Yeas 7 Nays 0 Recorded: January 13 , 2000 Published: January 14 , 2000 Attest : gani-v-42 illa-1:444■1.0— Dolonna Mecum, City Clerk eift